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HomeMy WebLinkAboutItem 11 - Minutes ���� � ___�___�C �. STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 21 st day of October, 2008 at 6:00 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to-wit: William D. Tate Mayor C. Shane Wilbanks Mayor Pro Tem Sharron Spencer Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the workshop to order at 6:03 p.m. ITEM 1. DISCUSS MAIN STREET PEDESTRIAN ENHANCEMENT PROJECT Deputy Director of Public Works Stan Laster reviewed the proposed enhancements funded through a North Texas Council of Government Sustainable Development Grant that was approved by the City Council for the Main Street corridor from Dallas Road to Franklin Street. Staff also reviewed proposed improvements/changes to the Main Street/Worth Street intersection. Council discussed that eight foot sidewalks were not appropriate for powntown Historic Grapevine. It was the consensus of the Council that Staff modify the plan relative to sidewalk width. There was no formal action taken by the City Council. ITEM 2. DISCUSS PROPOSED AMENDMENTS TO APPENDIX D Development Services Director Scott Williams reviewed the proposed amendments to Appendix D, Comprehensive Zoning Ordinance No. 82-73, as amended, relative to 10/21/08 secondhand goods as a conditional use and public, private and non-profit institutions as a conditional use. Following discussion, it was the consensus of the Council that public hearings be held regarding the proposed amendments. There was no formal action taken by the City Council. ITEM 3. DISCUSS 2008 TEXAS TOY RUN Assistant City Manager Jennifer Hibbs reviewed the schedule for the Texas Toy Run on December 21, 2008. Main Street will be closed from Dallas Road to Franklin Street. Riders will begin arriving about 8:00 a.m. and will depart downtown around 12:50 p.m. There will be signage that merchants are open and signage directing local residents to parking lots that are available in the Main Street area. Discussion ensued that Staff pursue having the bike riders agree to departing the downtown area by 12 noon. There was no formal action taken by the City Council. ADJOURNMENT Mayor Pro Tem Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the workshop at 7:03 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 4th day of November, 2008. APPROVED: William D. Tate Mayor 2 10/21/08 ATTEST: ,�.,�x.. Linda Huff City Secretary .�,, 3 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 21 st day of October, 2008 at 6:45 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to-wit: William D. Tate Mayor C. Shane Wilbanks Mayor Pro Tem Sharron Spencer Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:03 p.m. ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding: (A) real property relative to deliberation of the exchange, lease or value of City owned properties pursuant to Section 551.072, Texas Government Code; (B) conference with City Manager and Staff to discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate and expand in the City; with which businesses the City is conducting economic development negotiations under Section 551.087, Texas Government Code. (C) personnel relative to City Manager's annual evaluation pursuant to Section 551.074, 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 real property, personnel; or conference 10/21/08 with City Manager and Staff under Sections 551.072, 551.074 or 551.087, Texas �a� Government Code. NOTE: City Council continued with the Regular City Council meeting in open session in the City Council Chambers. ADJOURNMENT Mayor Pro Tem Wilbanks, seconded by Council Member Coy, offered a motion to adjourn the meeting at 11 :40 p.m. The motion prevailed by the foliowing vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 4th day of November, 2008. APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary ��, 2 STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council and the Planning & Zoning Commission of the City of Grapevine, Texas met in Regular Joint Session on this the 21 st day of October, 2008 at 7:30 p.m. in the City Council Chambers, Second Floor, 200 South Main Street, with the following members of the City Council present to-wit: William D. Tate Mayor C. Shane Wilbanks Mayor Pro Tem Sharron Spencer Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Betty "BJ" Wilson Member Mark Lowery Member Monica Hotelling Member Jim Fechter Member Gary Martin Member Wayne Szot Alternate Elaine Martin Alternate constituting a quorum,with Commissioner Herb Fry absent, 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 7:35 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Szot delivered the Invocation and led the Pledge of Allegiance. 10/21/08 ITEM 1. PUBLIC HEARING. ZONING APPLICATION Z08-06 PLANNED DEVELOPMENT OVERLAY PD08-02 GRAPEVINE STATION FINAL PLAT LOTS 2R AND 3, BLOCK 4, GRAPEVINE STATION REPLAT OF LOTS 4 AND 5. BLOCK 3 AND LOT 2 BLOCK 4 GRAPEVINE STATION Mayor Tate declared the public hearing open. Planning & Development Manager Ron Stombaugh reported that Zoning Application Z08- 06, Planned Development Overlay PD08-02 and application for the final plat of Lots 2R and 3, Block 4, Grapevine Station being a replat of Lots 4 and 5, Block 3 and Lot 2, Block 4, Grapevine Station had been filed by Residence at Grapevine Station. The zoning application requests rezoning of 6.4 acres from "BP" Business Park District to "R-MF-2" Multifamily District Regulations for development of a four-story, 368 unit multifamily complex. The planned development overlay requests to include but not be limited to deviation from the height requirement, density, open space, parking, front yard setback, landscape buffer and length of building. The subject property is located at 1020 Texan Trail. Mr. Gary Hazelwood requested favorable consideration of the applications. Mr. Matt Harris addressed the Council and Commission regarding the proposed ��; development. He noted that the complex will not have actual frontage on a public street and will be accessed by several internal drives that serve the planned business park. Surface parking (133 spaces)and a five level parking structure(approximately498 spaces) will be provided to serve the residents of the complex. The subject property, originally conceived as part of a planned business park that is currently under development, will be extracted from the business park and rezoned to equate the zoning with the actual proposed use on the property. He stated there would be retail in the proposed development. Discussion ensued relative to the Council's and Commission's concerns of adequate parking, security issues for the parking garage, lighting on the west side of the development, proposed density and the number of variances being requested. Mr. Harris responded there would be adequate parking for the tenants and their guests and that the security concerns would be addressed. The lighting would meet the City's ordinance requirements and the requested variances were to be able to develop a higher level quality of product. Mr. Harris submitted to the City Secretary eight letters of support from neighbors on East Texas Street, Wall Street and East Worth Street Mayor Tate invited guests present to comment regarding the application. .3��, 2 10/21/08 The following spoke in opposition to the proposed development relative to a potential decline in property values, more apartments in Grapevine, height of buildings, parking and tighting impact on the neighborhood: 1. Mr. Bill Crabtree, 905 East Worth Street 2. Ms. Peggy Jameson, 900 East Worth Street 3. Mr. Ray Casey, 816 East Texas Street 4. Mr. Michael Cevey, 834 East Worth Street The following spoke in support of the proposed development noting the quality of work that has already been performed by the developer in the area. Also, that Grapevine has become a destination location and the apartments will provide housing for employees that work in the area: 1. Mr. Aaron Lopez, 922 East Wall Street 2. Mr. Clayton Phillips, 803 Dove Loop City Secretary Huff reported that the Council and Commission had been copied the four letters of opposition. Commissioner Wilson, seconded by Commissioner Fechter, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Wilson, Lowery, Hotelling, Fechter, Martin & Szot Nays: None Absent: Fry Council Member Stewart, seconded by Mayor Pro Tem Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 2. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU08-21 GRAPEVINE STATION Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Conditional Use Application CU08-21 had been filed by Grapevine Station requesting a conditional use permit to amend the site plan approved by Ordinance No. 2005-46 to reduce the planned business park from 23.2 acres to 17.34 acres for development of a multifamily complex. The subject property is located at 1044 Texan Trail and is zoned "CC" Community Commercial District Regulations and "BP" Business Park District. The 6.4 acre piece from the established business park will be rezoned to accommodate the development of an apartment complex. Mr. Stombaugh advised this case is connected to the previous public hearing. 3 10/21/08 � There were no questions from the City Council or the Planning & Zoning Commission as this project was discussed during the previous public hearing. Mayor Tate invited guests present to comment regarding the application. No one wished to speak. Citizens spoke during the previous public hearing. City Secretary Huff reported the Council and Commission had been copied the three letters of opposition. Commissioner Fechter, seconded by Commissioner Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Wilson, Lowery, Hotelling, Fechter, Martin & Szot Nays: None Absent: Fry Council Member Freed, seconded by Council Member Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 3. PUBLIC HEARING. ZONING APPLICATION Z08-08 CLAYTON FINE HOMES Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Zoning Application Z08-08 had been filed by Clayton Fine Homes requesting rezoning of 0.701 acres from "R-20" Single Family District Regulations to "R-7.5" Single Family District Regulations for the development of three residential lots on property located at 1553 North Gravel Circle. Mr. Arthur Clayton 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. The Council and Commission were copied the eight letters of support for the application. Commissioner Martin, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: ,„�,,4 4 10/21/08 Ayes: Oliver, Wilson, Lowery, Hoteiling, Fechter, Martin & Szot Nays: None Absent: Fry Mayor Pro Tem Wilbanks, seconded by Council Member Lease, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 4. PUBLIC HEARING CONDITIONAL USE APPLICATION CU08-05A CLASSIC HUMMER Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that the applicant, Classic Hummer, has requested withdrawal of Conditional Use Application CU08-05A requesting a conditional use permit to amend the site plan approved by Ordinance No. 2003-60 for expansion of the existing automobile dealership. The subject property is located at 2501 William D. Tate Avenue and is zoned "CC" Community Commercial District Regulations. The application was tabled at the May 20, 2008 City Council meeting. Commissioner Fechter, seconded by Commissioner Wilson, offered a motion to accept the withdrawal of the application. The motion prevailed by the following vote: Ayes: Oliver, Wilson, Lowery, Hotelling, Fechter, Martin & Szot Nays: None Absent: Fry Council Member Coy, seconded by Council Member Freed, offered a motion to accept the withdrawal of the application. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 5. PUBLIC HEARING CONDITIONAL USE APPLICATION CU08-23 CLASSIC HUMMER FINAL PLAT LOT 1 R2 BLOCK 1 R1 CLASSIC HUMMER ADDITION REPLAT OF LOT 1 R BLOCK 1 R CLASSIC HUMMER ADDITION AND AN 11.4 ACRE UNPLATTED TRACT Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Conditional Use Application CU08-23 and application for the final plat of Lot 1 R2, Block 1 R1, Classic HummerAddition being a replat of Lot 1 R, Block 1 R, Classic Hummer Addition and an 11.4 acre unplatted 5 10/21/08 tract had been filed by Classic Hummer. The conditional use permit requests to amend the - site plan approved by Ordinance No. 2003-60 for the development of a fleet sales building, increase the square footage of an existing parts and distribution facility and to establish a planned commercial center for a 40 foot pole sign. The subject property is located at 2501 William D. Tate Avenue. Mr. Ron Hamm 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. Mr. Aram Azadpour, Grapevine resident, stated his opposition to the proposed signage. City Secretary Huff stated there was no correspondence to report. Commissioner Wilson, seconded by Commissioner Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Wilson, Lowery, Hotelling, Fechter, Martin & Szot Nays: None Absent: Fry Council Member Stewart, seconded by Council Member Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 6. PUBLIC_HEARING, CONDITIONAL USE APPLICATION CU08-24 VFW POST #10454 Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Conditional Use Application CU08-24 had been filed by VFW Post #10454 requesting a conditional use permit to amend the site plan approved by Ordinance No. 87-24 for an addition to the existing facility. The subject property is located at 221 North Main Street and is zoned "CN" Neighborhood Commercial District Regulations. The applicant is requesting to remodel the first floor, add a new expanded kitchen and new bathroom facilities. The facility will accommodate 75 patrons with 25 on-site parking spaces. Mr. Skip Blake requested favorable consideration of the application and noted that the proposed second story addition had been removed from the plans. 6 10/21/08 Comments were made regarding landscaping. Mr. Blake responded that would be reviewed and additional landscaping added where possible. 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 opposition for the application. Commissioner Wilson, seconded by Commissioner Lowery, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Wilson, Lowery, Hotelling, Fechter, Martin & Szot Nays: None Absent: Fry Council Member Spencer, seconded by Mayor Pro Tem Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 7. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU08-25 DAAN SUSHI Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Conditional Use Application CU08-25 had been filed by Daan Sushi requesting a conditional use permit to amend the site plan approved by Ordinance No. 2006-83 for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant. The subject property is located at 2805 East Grapevine Mills Circle#140 and is zoned "CC" Community Commercial District Regulations. The applicant will occupy 3,000 square feet of a multi-tenant structure with seating for 108 patrons. There will be 47 parking spaces designated for the restaurant. Mr. Steve Chang requested favorable consideration of the application. There were questions regarding the hours of operation and it was noted that the barwas to be operated in conjunction with the restaurant. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Martin, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: 7 10/21/08 Ayes: Oliver, Wilson, Lowery, Hoteiling, Fechter, Martin & Szot Nays: None Absent: Fry Council Member Spencer, seconded by Mayor Pro Tem Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 8. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU08-26 VIEWPOINT BANK Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Conditional Use Application CU08-26 had been filed by Viewpoint Bank requesting a conditional use permit for a bank with a drive through and a 40 foot pole sign. The subject property is located at 301 South Park Boulevard and is zoned "HC" Highway Commercial District. Mr. Hans Hertner 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 Fechter, seconded by Commissioner Szot, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Wilson, Lowery, Hotelling, Fechter, Martin & Szot Nays: None Absent: Fry Council Member Stewart, seconded by Council Member Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 9. PUBLIC HEARING, SPECIAL USE APPLICATION SU08-04 CHESAPEAKE ENERGY Mayor Tate declared the public hearing open. ,,��, 8 10/21/08 Planning & Development Manager Stombaugh reported that Special Use Application SU08-04 had been filed by Chesapeake Energy requesting a special use permit for gas well drilling and production in a nonresidential district. The property is located at 1048 East Wall Street and is zoned "CC" Community Commercial District Regulations. Mr. Jonathan Fauchenberry requested favorable consideration of the application. He stated Chesapeake Energy proposes to drill potentially eight individual wells on the subject property. Only four have been applied for (1 H, 2H, 3H, 4H) through the State regulatory process. At this time, only 1 H and 2H wells are planned to be drilled. Relative to setbacks, the proposed wells are 1,001 feet from the Great Wolf Lodge to the north, 1,450 feet from the nearest residence to the west, and 773, and 639 feet respectively from the nearest commercial/industrial buildings to the south, all which meet the minimum setback requirements of 1,000 feet for residences and public buildings and 300 feet from other buildings as established by City ordinances. He stated there is one requested setback variance of 300 feet relative to a required 500 foot setback from the D/FW Airport property line to the east. If approved in conjunction with this site plan the setback would be 200 feet from the property line. The drill sites are placed on the subject property in a location that maximizes setback distances from structures and minimizes the impact on the future development potential of the remaining property. However, to do this the drill site must be closer to the adjoining property line with the D/FW Airport. Mr. Fauchenberry stated that after the drilling and fracing process is completed and the wells move into the production phase of their lifecycle, the site will be screened by an eight foot masonry wall and landscaped. He stated that four production/containment tanks are proposed on site that will be used during the production phase of the operation to collect and contain saltwater that flows back from the well that was injected during the fracturing process. During the early phase of the production process the tanks may be emptied daily then tapering off as the well gains maturity. The Council and Commission questioned when the landscaping and screening would be installed at the site. The response was that after the drilling and fracing process was completed. It was also stated that the tank would be filled in and landscaped when the drilling is completed. � Mayor Tate invited guests present to comment regarding the application. Mr. Aram Azadpour, Grapevine resident, expressed his concern regarding the safety of the wells and what would become of them in future years. City Secretary Huff reported there was one letter of support copied to the Council and Commission. Commissioner Szot, seconded by Commissioner Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: 9 10/21/08 Ayes: Oliver, Wilson, Lowery, Hoteliing, Fechter, Martin & Szot �Y:�,... Nays: None Absent: Fry Mayor Pro Tem Wilbanks, seconded by Council Member Freed, offered a motion to ciose the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 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 City Council Chambers all members of the City Council were present. ITEM 9A. CITIZENS COMMENTS, MR. STEVE KILLEN Mr. Steve Killen, 1810 Quail Hollow Drive, addressed the City Council regarding the recent theft from his van and other thefts in his neighborhood. He expressed concern that with the current economy, more thefts may occur. He requested consideration of some type of notification to neighborhoods of what had happened and was happening in their neighborhoods. ITEM 10. AMEND HOTEL/CONVENTION CENTER SUBLEASE AGREEMENT OPRYLAND HOTEL-TEXAS LIMITED PARTNERSHIP Deputy Director of Public Works Stan Laster recommended approval of the Amendment to the Hotel/Convention Center Sublease Agreement with Opryland Hotel — Texas Limited Partnership for construction of the Convention Center Expansion and Swimming Pool amenities on Corps of Engineer's Land leased by the City of Grapevine. A portion of the expansion, particularly, the convention center expansion and new swimming pool, will be situated on land covered by the City's Master Lease with the Corps of Engineers, but which is not presently covered by the Sublease. The Amended Sublease adds the land needed for the expansion. Motion by Council Member Freed, seconded by Mayor Pro Tem Wilbanks, to approve the amendment to the Hotel/Convention Center Sublease Agreement prevailed by the by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 10 10/21/08 ITEM 11. RESOLUTION AUTHORIZE CONTRACT CITIES AGGREGATION POWER PROJECT (CAPP) Transportation/Utilities Manager Ramana Chinnakolta requested approval of a resolution authorizing Staff to execute a five year contract with Cities Aggregation Power Project (CAPP)for purchase of electricity. CAPP currently has more than 100 members and all of the members' power needs can be aggregated together for better pricing than the City by itself can procure. The five year contract will provide for 100% of the City's power needs for the next five years. Mayor Pro Tem Wilbanks stated the Utilities Committee supports the proposal. Mayor Tate stated the City would probably be better off to take a one year contract and ride the economy and market down, but the City will actually be saving money through this contract. Motion by Council Member Freed, seconded by Mayor Pro Tem Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2008-35 A RESOLUTION OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITIES AGGREGATION POWER PROJECT, INC. (CAPP) TO NEGOTIATE AN ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF ELECTRICITY AND NECESSARY, RELATED SERVICES EFFECTIVE JANUARY 1, 2009; AUTHORIZING CAPP TO ACT AS AN AGENT ON BEHALF OF THE CITY TO ENTER INTO A CONTRACT FOR ELECTRICITY; APPROVING CAPP CONTRACTING WITH FPL ENERGYAND DIRECT ENERGY AND AUTHORIZING THE CHAIRMAN OF CAPP TO EXECUTE AN ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2009; COMMITTING TO BUDGET FOR ENERGY PURCHASES AND TO HONOR THE CITY'S COMMITMENTS TO PURCHASE POWER THROUGH CAPP FOR ITS ELECTRICAL NEEDS BEGINNING JANUARY 1, 2009 THROUGH DECEMBER 31, 2013 AND PROVIDING AN EFFECTIVE DATE ITEM 12. AUTHORIZE PURCHASE PLAYGROUND EQUIPMENT Parks & Recreation Director poug Evans requested approval for the authorization to purchase playground equipment for various City Parks (Parr Park, Parkwood Park, Austin 11 10/21/08 Oaks and Oak Grove Soccer Complex) in an amount not to exceed $257,593.39. The vendors are the Playwell Group, Recreation Consultants, Southwest Parks and Playgrounds and Recreation Consultants. Motion by Council Member Freed, seconded by Mayor Pro Tem Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 13. APPOINT SENIOR CITIZENS ADVISORY BOARD CHAIRMAN Council Member Stewart, Senior Citizens Advisory Board Council Liaison, recommended that Mayor Tate appoint Mr. Dick Guckel as the Chairman of the Senior Citizens Advisory Board for a one year term. Mayor Tate appointed Mr. Dick Guckel to serve as the Chairman of the Senior Citizens Advisory Board. 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 14. Authorize Purchase, Drinking Fountains Parks & Recreation Director recommended approval of authorizing the purchase of nine drinking fountains for City parks from Most Dependable Fountains in an amount not to exceed $34,520.00. Motion by Council Member Stewart, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 15. Authorize License Aqreement, ESRI, Geographic Information System (GIS) Program Assistant City Manager recommended approval of a three year enterprise license agreement in the amount of$100,239.00 with ESRI to provide unlimited access to software licenses, technical support and software maintenance forthe City's Geographic Information System (GIS) program. :��,�.. 12 10/21/08 Motion by Council Member Stewart, seconded by Council Member Spencer,to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 16. Renew Interlocal Aqreement, Metroport Teen Court Program Administrative Services Director recommended approval of the renewal of an Interlocal Agreement with the cities of Colleyville and Southlake for the Metroport Teen Court Program. Grapevine's cost share is $38,765.00. Motion by Council Member Stewart, seconded by Council Member Spencer,to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None I_tem 17. Renew Contract, Municipal Court Fines and Fees Collection Service Administrative Services Director recommended approval of the renewal of a contract with Linebarger, Goggan, Blair & Sampson LLP for the collection services of Municipal Court fines and fees. Motion by Council Member Stewart, seconded by Council Member Spencer,to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 18. Ordinance, Amend Chapter 23 Traffic, Section 23-30 and Section 23-63 Public Works Director recommended approval of an ordinance amending Chapter 23 Traffic, Section 23-30 relative to a stop sign on School Road at Spring Creek Drive and approval of an ordinance amending Chapter 23 Traffic, Section 23-63 regulating parking on School Road. Motion by Council Member Stewart, seconded by Council Member Spencer, to approve the ordinances as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 13 10/21/08 ORDINANCE NO. 2008-52 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 23 TRAFFIC, SECTION 23-30 RELATIVE TO STOP INTERSECTIONS; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ORDINANCE NO. 2008-53 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 19. Authorize Fuel Card Proqram Public Works Director recommended approval of authorizing the establishment of a Fuel Card Program with Wright Express for purchase of alternative fuels. Motion by Council Member Stewart, seconded by Council Member Spencer,to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 20. Renew Landscape Management Services Annual Contract �� 14 10/21/08 Parks & Recreation Director recommended approval of the renewal of the Landscape Management Services Annual Contract to VMC Landscape Services for a total annual cost of$558,364.48. Motion by Council Member Stewart, seconded by Council Member Spencer,to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 21. Authorize On-Line Newspaper Database Service Library Director recommended approval of authorizing an annual subscription of an on-line Newspaper Database Service for the Grapevine Library from Newsbank, Inc. in the total amount of $17,750.00. Motion by Council Member Stewart, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 22. Renew Water Meter Annual Contract Public Works Director recommended approval of the renewal of the Water Meter Annual Contract with HD Supply (formerly Hughes Supply). Motion by Council Member Stewart, seconded by Council Member Spencer,to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 23. Consideration of Minutes City Secretary recommended approval of the minutes of the September 16, 2008 City Council meetings as published. Motion by Council Member Stewart, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RECESS AND RECONVENE 15 10/21/08 Mayor Tate announced the City Council would take a brief recess. �-���:: Upon reconvening in the City Council Chambers, all members of the City Council were present. ITEM 24. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z08-06 RESIDENCE AT GRAPEVINE STATION ITEM 25. PLANNING & ZONING COMMISSION RECOMMENDATION PLANNED DEVELOPMENT OVERLAY PD08-02 RESIDENCE AT GRAPEVINE STATION ITEM 26. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 2R AND 3, BLOCK 4, GRAPEVINE STATION ITEM 27. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU08-21 GRAPEVINE STATION Chairman Oliver reported the Planning &Zoning Commission considered the above Items 24, 25, 26 and 27 as one item and one motion. City Attorney Boyle advised that was appropriate and that the City Council could consider all of the items with one motion as well. Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for denial with conditions of Zoning Application Z08-06, Planned Development Overlay PD08-02 and application for the final plat of Lots 2R and 3, Block 4, Grapevine Station being a replat of Lots 4 and 5, Block 3 and Lot 2, Block 4, Grapevine Station. The applications were filed by Residence at Grapevine Station requesting rezoning of 6.4 acres from "BP" Business Park District to "R-MF-2" Multifamily District Regulations for development of a 368 multifamily complex. The planned development overlay requests to include but not be limited to deviation from the height requirement, density, open space, parking, front yard setback, landscape buffer and length of building. Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for denial of Conditional Use Application CU08-21 filed by Grapevine Station requesting a conditional use permit to amend the site plan approved by Ordinance No. 2005-46 to reduce the planned business park from 23.2 acres to 17.34 acres for development of a multifamily complex. The subject property is located at 1044 Texan Trail and is zoned "CC" Community Commercial District Regulations and "BP" Business Park District. Chairman Oliver reported the Commission voted 7-0 for denial of the above applications with the proposal that the Council waive reapplication fees and that the applicant include a large portion of the tract as a mixed use zoning development that would include commercial, retail and multifamily development. 16 10/21/08 Council Member Coy, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation for denial of the applications and waive the fees for a subsequent mixed use application. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 28. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z08-08 CLAYTON FINE HOMES Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Zoning Application Z08-08 filed by Clayton Fine Homes granting rezoning of 0.701 acres from "R-20" Single Family District Regulations to"R-7.5" Single Family District Regulations for the development of three residential lots on property located at 1533 North Gravel Circle. Mayor Pro Tem Wilbanks, seconded by Council Member Stewart, 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, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2008-54 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 Z08-08 ON A TRACT OF LAND OUT OF THE L. LINCOLN SURVEY, ABSTRACT 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 17 10/21/08 EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE - _ DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 29. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT LOTS 1-3, BLOCK 1, BEARD ADDITION Chairman Oliver reported the Planning &Zoning Commission voted 7-0 for approval of the Statement of Findings and the preliminary plat of Lots 1-3, Block 1, Beard Addition. The property is located at 1553 North Gravel Road and is being platted to build three residential homes. Council Member Freed, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the preliminary plat of Lots 1-3, Block 1, Beard Addition. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 30. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1-3. BLOCK 1, BEARD ADDITION Chairman Oliver reported the Planning &Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 1-3, Block 1, Beard Addition. The property is located at 1553 North Gravel Road and is being platted to build three residential homes. Council Member Spencer, 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 Lots 1-3, Block 1, Beard Addition. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 31. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU08-23 CLASSIC HUMMER Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU08-23 filed by Classic Hummer granting a conditional use permit to amend the site plan approved by Ordinance No. 2003-60 for development of a fleet sales building, increase the square footage of an existing parts and distribution facility and for a 40 foot pole sign. The subject property is located at 2501 William D. Tate Avenue. 18 10/21/08 Council Member Freed, seconded by Council Member Coy, offered a motion to acceptthe Commission's recommendation and approve the ordinance granting a conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2008-55 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE N O. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU08-23 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2003-60, TO EXPAND THE SITE, ADD A FLEET SALES BUILDING, EXPAND THE PARTS BUILDING AND ESTABLISH A PLANNED COMMERCIAL CENTER, WITH A 40-FOOT POLE SIGN 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 32. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1 R2, BLOCK 1 R1, CLASSIC HUMMER ADDITION Chairman Oliver reported the Planning &Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1 R2, Block 1 R1, Classic Hummer Addition. The 29.771 acre tract is being platted to expand an existing dealership. The subject property is located at the northeast corner of State Highway 121 and Prospect Parkway. 19 10/21/08 Council Member Wilbanks, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 1 R1, Block 1 R1 , Classic Hummer Addition. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 33. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU08-24 VFW POST #10454 Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval with referral to the Site Plan Review Committee for approval of the one story elevation. Conditional Use Application CU08-24 was filed by VFW Post#10454 and approval grants a conditional use permit to amend the site plan approved by Ordinance No. 87-24 for an addition to an existing facility located at 221 North Main Street. Council Member Freed, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation with the condition and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2008-56 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU08-24 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 87-24 FOR AN ADDITION TO THE EXISTING BUILDING IN A DISTRICT ZONED "CN" NEIGHBORHOOD COMMERCIAL DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A 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 20 10/21/08 BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 34. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU08-25 DAAN SUSHI Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU08-25 filed by Daan Sushi granting a conditional use permit for an amendment to the site plan approved by Ordinance No. 2006-83 for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant. The property is located at 2805 East Grapevine Mills Circle #140. Council Member Freed, 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: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2008-57 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU08-25 AMENDING THE SITE PLAN APPROVED BY ORDINANCE NO. 2006-83 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 21 10/21/08 DEEMED COMMITTED UPON EACH DAY DURING OR ON � WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 35. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU08-26 VIEWPOINT BANK Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU08-26 filed by Viewpoint Bank granting a conditional use permit for a bank with a drive through and a 40 foot pole sign. The subject property is located at 301 South Park Boulevard. Council Member Spencer, seconded by Council Member Coy, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2008-58 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU08-26 TO AMEND THE PREVIOUSLY APPROVED SITE PLAN OF CU01-01 (SPRC)AND SP90-15 FORA40-FOOT POLE SIGN IN A DISTRICT ZONED "HC" HIGHWAY COMMERCIAL DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE 22 10/21/08 ITEM 36. PLANNING & ZONING COMMISSION RECOMMENDATION SPECIAL USE APPLICATION SU08-04 CHESAPEAKE ENERGY Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Special Use Application SU08-04 filed by Chesapeake Energy with the condition that the screening on the west side be installed after the completion of the fracing of wells 1 H and 2H, and the automatic irrigation system be required as shown on the landscape plan. Approval grants a special use permit for gas well drilling and production in a nonresidential district. The property is located at 1048 East Wall Street. Council Member Spencer, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation with the condition and approve the ordinance granting the special use permit. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2008-59 AN ORDINANCE ISSUING A SPECIAL USE PERMIT IN ACCORDANCE WITH SECTION 49 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE BY GRANTING SPECIAL USE PERMIT SU08-04 FOR GAS WELL DRILLING AND PRODUCTION IN A NONRESIDENTIAL ZONING DISTRICT IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS UNDER CITY OF GRAPEVINE ORDINANCE NO. 82-73 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 SPECIAL 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 EMERGENCYAND PROVIDING AN EFFECTIVE DATE 23 10/21/08 ITEM 37. PLANNING & ZONING COMMISSION RECOMMENDATION � F- PRELIMINARY PLAT AIRPORT CROSSING JV WELLS Chairman Oliver reported the Planning &Zoning Commission voted 7-0 for approval of the Statement of Findings and the preliminary plat of Airport Crossing JV Wells. The 41.23 acre tract is located east of Texan Trail between Wall Street and the railroad and is zoned "CC" Community Commercial District Regulations. The property is being platted to drill gas wells. Council Member Stewart, seconded by Council Member Lease, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the preliminary plat of Airport Crossing JV Wells. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None � ITEM 38. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1, BLOCK 1, AIRPORT CROSSING JV WELLS Chairman Oliver reported the Planning &Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1, Block 1, Airport Crossing JV Wells. The 5.23 acre site is located east of Texan Trail between Wall Street and the railroad and is being platted to drill gas wells. Council Member Freed, seconded by Council Member Coy, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 1, Block 1, Airport Crossing JV Wells. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ADJOURNMENT Mayor Pro Tem Wilbanks, seconded by Council Member Coy, offered a motion to adjourn the meeting at 11:40 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 4th day of November, 2008. 24 10/21/08 APPROVED: Wiliiam D. Tate Mayor ATTEST: Linda Huff City Secretary 25