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HomeMy WebLinkAbout2008-04-15 Joint Meeting AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING WORKSHOP TUESDAY, APRIL 15, 2008 AT 6:45 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER 1. Discuss additional Christmas decorations for downtown. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at (817) 410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Special City Council Meeting Workshop Agenda was prepared and posted on this the 11th day of April, 2008 at 5:00 p.m. Linda uff '77/61 City Secretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 15th day of April, 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 Ted R. Ware Mayor Pro Tem Sharron Spencer Council Member C. Shane Wilbanks Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager Doug Conner Assistant City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the workshop to order at 6:48 p.m. ITEM 1. DISCUSS CHRISTMAS DECORATIONS Parks & Recreation Director Doug Evans and Parks Superintendent Kevin Mitchell presented a proposal for additional Christmas decorations for City Hall, Wallis Hotel, Torrian Cabin, Weems Alley, train depot and other areas along Main Street. They also recommended utilization of LED lights, including the buildings' skylines, as there is a big energy savings using LED lights versus the existing C-9 lights. Discussion ensued relative to Staff presenting the proposed decorating plan to Council for their review and approval of the placement of additional Christmas decorations along Main Street. There was no formal action taken by the City Council. ADJOURNMENT Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the workshop at 7:10 p.m. The motion prevailed by the following vote: 04/15/08 Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of May, 2008. APPROVED: diglik"` William D. Tate Mayor ATTEST: Lind. Huff If City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, APRIL 15, 2008 AT 7:00 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER EXECUTIVE SESSION 1. City Council to conduct a closed session relative to: A. Conference with City Manager and Staff to discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate and expand in the City; with which businesses the City is conducting economic development negotiations pursuant to Section 551.087, Texas Government Code. City Council to reconvene in open session and take any necessary action relative to conference with employees under Section 551.087, Texas Government Code. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at (817) 410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Special City Council Meeting Agenda was prepared and posted on this the 11th day of April, 2008 at 5:00 p.m. Lind, uff �l City Secretary 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 15th day of April, 2008 at 7:00 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to-wit: William D. Tate Mayor Ted R. Ware Mayor Pro Tem Sharron Spencer Council Member C. Shane Wilbanks Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager Doug Conner Assistant City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:10 p.m. ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding: (A) conference with City Manager and Staff to discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate and expand in the City; with which businesses the City is conducting economic development negotiations under Section 551.087, Texas Government Code. Upon reconvening in open session in the Council Chambers, Mayor Tate asked if there was any action necessary relative to the closed session. City Manager Bruno Rumbelow stated there was no action necessary relative to conference with City Manager and Staff under Section 551.087, Texas Government Code. NOTE: City Council continued with the Regular City Council meeting in open session in the City Council Chambers. 04/15/08 ADJOURNMENT Council Member Wilbanks, seconded by Council Member Freed, offered a motion to adjourn the meeting at 8:35 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of May, 2008. APPROVED: William D. Tate Mayor ATTEST: OININ Linda Huff City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL PLANNING & ZONING COMMISSION MEETING TUESDAY, APRIL 15, 2008 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER INVOCATION: Commissioner Herb Fry JOINT PUBLIC HEARINGS 1. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU08-06 and Zoning Application Z08-02. The conditional use application was filed by Dino's Steak House requesting a conditional use permit for a restaurant with the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages). The property is located at 342 South Main Street and is zoned "CBD" Central Business District. Zoning Application Z08-02 was filed by Izak and Joe Gregory requesting rezoning of 0.327 acres from "R-7.5" Single Family District Regulations to "CBD" Central Business District for a public parking lot in conjunction with the restaurant. The subject property is located at 210 West Worth Street. 2. City Council and Planning & Zoning Commission to conduct a public hearing relative to Zoning Application Z08-03, Conditional Use Application CU08-08 and application for the final plat of Lots 1R and 2, Block 1, Frank Parra Autoplex Addition being a replat of Lot 1, Block 1, Frank Parra Autoplex Addition and an unplatted tract of land. The applications were filed by Grapevine Dodge. The zoning application requests rezoning of 2.231 acres from "CC" Community Commercial District Regulations to "PID" Planned Industrial Development District for vehicle storage. The conditional use permit requests to amend the site plan approved by Ordinance No. 2007-05 to enlarge the existing dealership site for vehicle storage. 3. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU08-07 filed by Texas Toyota requesting a conditional use permit to amend the site plan approved by Ordinance No. 2004-03 for an automotive repair/collision center with outside vehicle storage. The subject property is located at 316 East Dallas Road and is zoned "LI" Light Industrial District. 4. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU08-09 filed by Inwood Estates Vineyards requesting a conditional use permit for a wine tasting facility with on-premise and off- premise consumption of alcoholic beverages (wine only) within the Mawker Coffee Shop located at 603 South Main Street#303. The property is zoned "CBD" Central Business District. 5. City Council and Planning &Zoning Commission to conduct a public hearing relative to Special Use Application SU08-01 filed by Verizon Wireless requesting a special use permit to amend the site plan approved by Ordinance No. 99-73 for an existing unmanned cellular facility to enlarge the equipment building and the lease area. The property is located at 1060 Texan Trail and is zoned "LI" Light Industrial District. END OF JOINT PUBLIC HEARINGS Planning & Zoning Commission to recess to Planning & Zoning Commission Conference Room, Second Floor to consider published agenda items. City Council to remain in session in the Council Chambers to consider published business. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at (817) 410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. ° ... In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Regular Joint City Council and Planning & Zoning Commission Meeting Agenda was prepared and posted on this the 11th day of April, 2008 at 5:00 p.m. Lind Huff City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, APRIL 15, 2008 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CITIZEN COMMENTS PRESENTATION 6. Mayor Tate to present a proclamation recognizing the 10th Anniversary of the Grapevine-Colleyville Independent School District Education Foundation. NEW BUSINESS 7. Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 25 Utilities and Services, Article III Solid Waste Disposal and take any necessary action. CONSENT AGENDA Consent items are deemed to need little Council deliberation and will be acted upon as one business item. Any member of the City Council or member of the audience may request that an item be withdrawn from the consent agenda and placed before the City Council for full discussion. Approval of the consent agenda authorizes the City Manager, or his designee, to implement each item in accordance with Staff recommendations. 8. Consider a resolution authorizing a joint election agreement with Tarrant County for the May 10, 2008 City Officer Election. City Secretary recommends approval. 9. Consider a resolution authorizing the purchase of a restroom facility from CXT Precast Procucts for Bear Creek Park. Parks & Recreation Director recommends approval. 10. Consider a resolution authorizing the overhaul of blower assemblies at the Wastewater Treatment Plant by AirMac, Inc. Public Works Director recommends approval. 11. Consider renewal of the annual contract for swimming pool chemical services to Ecolab Center, Inc. Parks & Recreation Director recommends approval. 12. Consider authorizing the purchase of a 2008 Tractor with loader and box blade from Zimmer Kubota. Public Works Director recommends approval. 13. Consider the minutes of the March 25 and April 1, 2008 City Council meetings. City Secretary recommends approval as published. Pursuant to the Texas Open Meetings Acts, Texas Government Code, Chapter 551.001 et seq, one or more of the above items may be considered in Executive Session closed to the public. Any decision held on such matter will be taken or conducted in open session following the conclusion of the executive session. PLANNING & ZONING COMMISSION RECOMMENDATIONS 14. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU08-06 (Dino's Steak House) and a subsequent ordinance, if applicable. 15. Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z08-02 (Izak and Joe Gregory) and a subsequent ordinance, if applicable. 16. Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z08-03 (Grapevine Dodge) and a subsequent ordinance, if applicable. 17. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU08-08 (Grapevine Dodge) and a subsequent ordinance, if applicable. 18. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lots 1R and 2, Block 1, Frank Parra Autoplex Addition and take any necessary action. 19. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU08-07 (Texas Toyota) and a subsequent ordinance, if applicable. 20. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU08-09 (Inwood Estates Vineyards, Inc.) and a subsequent ordinance, if applicable. 21. Consider the recommendation of the Planning & Zoning Commission relative to Special Use Application SU08-01 (Verizon Wireless) and a subsequent ordinance, if applicable. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at (817) 410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Regular City Council Meeting Agenda was prepared and posted on this the 11th day of April, 2008 at 5:00 p.m. Linda Huff City Secretary AGENDA CITY OF GRAPEVINE SPECIAL BRIEFING SESSION PLANNING & ZONING COMMISSION TUESDAY, APRIL 15, 2008 AT 7:00 P.M. PLANNING & ZONING CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER WORK SESSION 1. Planning & Zoning Commission to conduct a briefing session to discuss items scheduled to be heard in the April 15, 2008 public hearing. ADJOURNMENT If you plan to attend this briefing session and you have a disability that requires special arrangements at the meeting, please contact the office of Development Services at (817) 410-3154 at least 24 hours in advance. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et. seq. Acts of the 1993 Texas Legislature, the Planning and Zoning Commission Briefing Session Agenda was prepared and posted on this the 11th day of April, 2008 at 5:00 p.m. Lind Huff /1 City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, APRIL 15, 2008 AT 7:30 P.M. PLANNING & ZONING COMMISSION CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET NEW BUSINESS 1. Consider Conditional Use Application CU08-06 (Dino's Steak House) and make a recommendation to the City Council. 2. Consider Zoning Application Z08-02 (Izak and Joe Gregory) and make a recommendation to the City Council. 3. Consider Zoning Application Z08-03 (Grapevine Dodge) and make a recommendation to the City Council. 4. Consider Conditional Use Application CU08-08 (Grapevine Dodge) and make a recommendation to the City Council. 5. Consider the final plat of Lots 1R and 2, Block 1, Frank Parra Autoplex Addition and make a recommendation to the City Council. 6. Consider Conditional Use Application CU08-07 (Texas Toyota) and make a recommendation to the City Council. 7. Consider Conditional Use Application CU08-09 (Inwood Estates Vineyards, Inc.) and make a recommendation to the City Council. 8. Consider Special Use Application SU08-01 (Verizon Wireless) and make a recommendation to the City Council. CONSIDERATION OF MINUTES 9. Consider the minutes of the March 18 and 25, 2008 Planning & Zoning Commission meetings and take any necessary action. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at (817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Regular Planning & Zoning Commission Meeting Agenda was prepared and posted on this the 11th day of April, 2008 at 5:00 p.m. Linda uff City Secretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council and the Planning & Zoning Commission of the City of Grapevine, Texas met in Regular Joint Session on this the 15th day of April, 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 Ted R. Ware Mayor Pro Tem Sharron Spencer Council Member C. Shane Wilbanks Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member constituting a quorum, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Danette Murray Member Mark Lowery Member Monica Hotelling Member Jim Fechter Alternate Gary Martin Alternate constituting a quorum, with Vice Chairman Herb Fry, Commissioners Chris Coy and Betty "BJ" Wilson absent, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager Doug Conner Assistant City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:40 p.m. INVOCATION Chairman Oliver delivered the Invocation. The following items were discussed after Item 6. 04/15/08 ITEM 1. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU08-06 DINO'S STEAK HOUSE, ZONING APPLICATION Z08-02 IZAK AND JOE GREGORY Mayor Tate declared the public hearing open. Planning & Development Manager Ron Stombaugh reported Conditional Use Application CU08-06 had been filed by Dino's Steak House and Zoning Application Z08-02 had been filed by Izak and Joe Gregory. The conditional use application filed by Dino's Steak House requests a conditional use permit for a restaurant with the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages). The property is located at 342 South Main Street and is zoned "CBD" Central Business District. The restaurant will have seating upstairs and downstairs for approximately 107 patrons. Mr. Stombaugh reported Zoning Application Z08-02 was filed by Izak and Joe Gregory requesting rezoning of 0.327 acres from "R-7.5" Single Family District Regulations to "CBD" Central Business District for a public parking lot in conjunction with the restaurant. The subject property is located at 210 West Worth Street. If approved, there will be 63 parking spaces available. Mr. Joe Gregory requested favorable consideration of the application. Discussion ensued relative to the carport on the western side of the proposed parking lot. Mr. Gregory responded the western property line is currently in dispute. Staff stated there would be adequate parking for the restaurant, if the property line is moved to the east. 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 Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Murray, Lowery, Hotelling, Fechter & Martin Nays: None Absent: Coy, Fry & Wilson Council Member Stewart, seconded by Council Member Spencer, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None 2 04/15/08 ITEM 2. PUBLIC HEARING, ZONING APPLICATION Z08-03, CONDITIONAL USE APPLICATION CU08-08 GRAPEVINE DODGE, FINAL PLAT APPLICATION LOTS 1R AND 2, BLOCK 1, FRANK PARRA AUTOPLEX ADDITION, REPLAT OF LOT 1, BLOCK 1, FRANK PARRA AUTOPLEX ADDITION AND AN UNPLATTED TRACT Mayor Tate declared the public hearing open. Planning & Developer Manager Stombaugh reported Grapevine Dodge had filed Zoning Application Z08-03, Conditional Use Application CU08-08 and application for the final plat of Lots 1R and 2, Block 1, Frank Parra Autoplex Addition being a replat of Lot 1, Block 1, Frank Parra Autoplex Addition and a 2.231 acre tract of unplatted land. The zoning application requests rezoning of 2.231 acres from "CC" Community Commercial District Regulations to "PID" Planned Industrial Development District for vehicle storage. The conditional use permit requests to amend the site plan approved by Ordinance No. 2007-05 to enlarge the existing dealership site for vehicle storage to include parking spaces for 23 employees. Mr. Charles Hannah, Mr. Rick Lindgren and Mr. Bill Pye requested favorable consideration of the application. Questions from the City Council and the Planning & Zoning Commission centered on whether there would be adequate on-site parking for employees. Mr. Pye stated that there would be adequate on-site parking for employees and off-street parking would be monitored. Mayor Tate invited guests present to comment regarding the application. No one wished to speak. City Secretary Huff reported there was one letter of support copied to the Council and Commission. Commissioner Lowery, seconded by Commissioner Fechter, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Murray, Lowery, Hotelling, Fechter & Martin Nays: None Absent: Coy, Fry & Wilson Council Member Lease, seconded by Council Member Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ITEM 3. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU08-07 TEXAS TOYOTA 3 04/15/08 Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Conditional Use Application CU08-07 had been filed by Texas Toyota requesting a conditional use permit to amend the site plan approved by Ordinance No. 2004-03 for an automotive repair/collision center with outside vehicle storage. The subject property is located at 316 East Dallas Road and is zoned "LI" Light Industrial District. Outside storage of vehicles awaiting repair will be limited to that area screened by a six-foot solid masonry screening wall along the western, eastern and southern property lines. Mr. Victor Vandergriff requested favorable consideration of the application. Questions from the City Council and the Planning & Zoning Commission centered on parking in front of the building, extending screening to all four sides of the property and requesting that they meet with the Historic Preservation Officer regarding exterior paint colors for the building in order to blend with the mixed use district in the area. Mr. Vandergriff responded that the parking was for employees, the screening wall could be extended and they were willing to meet with the Historic Preservation Officer regarding the building's exterior. Mayor Tate invited guests present to comment regarding the application. No one wished to speak. City Secretary Huff reported there were four letters of opposition copied to the ' Council and Commission. Commissioner Murray, seconded by Commissioner Fechter, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Murray, Lowery, Hotelling, Fechter & Martin Nays: None Absent: Coy, Fry & Wilson Council Member Wilbanks, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ITEM 4. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU08-09 INWOOD ESTATES VINEYARDS Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Conditional Use Application CU08-09 had been filed by Inwood Estates Vineyards requesting a conditional use permit for a wine tasting facility with on-premise and off-premise consumption of alcoholic . 4 04/15/08 beverages (wine only) within the Mawker Coffee Shop located at 603 South Main Street #303. The property is zoned "CBD" Central Business District. The wine tasting business would be from 12:00 noon until 9 p.m. Mr. Dan Gatlin requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak. City Secretary Huff reported the Council and Commission had been copied the one letter of support for the application. Commissioner Martin, seconded by Commissioner Fechter, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Murray, Lowery, Hotelling, Fechter & Martin Nays: None Absent: Coy, Fry & Wilson Council Member Freed, seconded by Mayor Pro Tern Ware, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ITEM 5. PUBLIC HEARING, SPECIAL USE APPLICATION SU08-01 VERIZON WIRELESS Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported Special Use Application SU08-01 had been filed by Verizon Wireless requesting a special use permit to amend the site plan approved by Ordinance No. 99-73 for an existing unmanned cellular facility to enlarge the equipment building and the lease area. The property is located at 1060 Texan Trail and is zoned "LI" Light Industrial District. The lease area is proposed to increase from 68 square feet to 600 square feet to accommodate a 10.75 foot high 16-foot x 11.66-foot masonry equipment shelter. Mr. Peter Kavanagh requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak. City Secretary Huff reported the Council and Commission had been copied the one letter of concern. 5 04/15/08 Commissioner Murray, seconded by Commissioner Lowery, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Murray, Lowery, Hotelling, Fechter & Martin Nays: None Absent: Coy, Fry & Wilson Council Member Freed, seconded by Council member Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None RECESS AND RECONVENE Mayor Tate announced the Planning & Zoning Commission would recess to the Planning & Zoning Conference Room to consider published business. The City Council remained in session in the Council Chambers to consider published business. ITEM 6. PRESENTATION, PROCLAMATION, 10TH ANIVERSARY, GRAPEVINE- COLLEYVILLE INDEPENDENT SCHOOL DISTRICT EDUCATION oimw FOUNDATION This item was presented prior to the Joint Public Hearings. Mayor Tate presented a proclamation to Executive Director Janice Kane recognizing the 10th Anniversary of the Grapevine-Colleyville Independent School District Education Foundation. The Foundation is a unified philanthropic organization of citizens that shares a vision of enhancing education in the Grapevine-Colleyville Independent School District. The Foundation provides ongoing support to educational activities by generating and distributing resources for programs and projects that can not be funded, or have been under-funded, by the normal operating budget of the school district. Foundation Directors present were Balla Wright, Sue Franks, Paula Wilbanks, Phil Cloud and Marrion Brekken. ITEM 6A. CITIZEN COMMENTS, MR. BRIAN PHELPS Mr. Brian Phelps, representing the U. S. Army Corps of Engineers, Grapevine Lake Office, presented Parks & Recreation Director Doug Evans and Assistant Parks & Recreation Director Joe Moore with letters of appreciation from the Division Office of Dallas. In February, there was a leadership collaboration meeting with the Corps and the Bureau of Reclamation to discuss partnerships and how they relate to each agency. The local Corps office, along with Mr. Evans and Mr. Moore, made a presentation detailing partnership WOW efforts between the Corps and the City of Grapevine for the parks in the City. 6 04/15/08 ITEM 7. ORDINANCE, AMEND CHAPTER 25 UTILITIES AND SERVICES Public Works Director Matt Singleton requested approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 25 Utilities and Services, Article III Solid Waste Disposal for removal of Subsection (c) that established solid waste rates for "retail establishments located in multi-tenant retail facilities with leaseable area under one roof of not less than 1,300,000 square feet". Grapevine Mills Mall new owner, Simon Property Group, along with Allied Waste Services General Manager, has requested this amendment in favor of the standard rate schedule for commercial/retail establishments. Motion by Mayor Pro Tern Ware, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ORDINANCE NO. 2008-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES, CHAPTER 25 UTILITIES AND SERVICES, ARTICLE III SOLID WASTE DISPOSAL, SECTION 25-97 SERVICE RATES--SCHEDULES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE 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 8. Resolution, Authorize Joint Election Agreement, Tarrant County City Secretary recommended approval of a resolution authorizing a joint election agreement with Tarrant County Elections Administration for the May 10, 2008 City Officer Election. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None 7 04/15/08 RESOLUTION NO. 2008-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING RESOLUTION NO. 2008-05 CALLING THE 2008 CITY OFFICER ELECTION TO BE HELD ON MAY 10, 2008 JOINT WITH TARRANT COUNTY; TAKING ALL OTHER NECESSARY ACTIONS; PROVIDING SPECIFIC INSTRUCTIONS FOR THE CONDUCTING OF SAID ELECTION; REPEALING INCONSISTENT RESOLUTIONS AND PROVIDING AN EFFECTIVE DATE Item 9. Resolution, Authorize Purchase, Bear Creek Park Restroom Facility Parks & Recreation Director recommended approval of a resolution authorizing the purchase of a restroom facility from CXT Precast Products for Bear Creek Park in the amount of$41,805.18. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None RESOLUTION NO. 2008-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, TO RATIFY THE PURCHASE OF A RESTROOM FACILITY FOR BEAR CREEK PARK FROM CXT PRECAST PRODUCTS AND PROVIDING AN EFFECTIVE DATE Item 10. Resolution, Authorize Overhaul Blower Assemblies, Wastewater Treatment Plant Public Works Director recommended approval of a resolution authorizing the overhaul of blower assemblies at the Wastewater Treatment Plant by AirMac, Inc. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None 8 04/15/08 RESOLUTION NO. 2008-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO THE PURCHASE OF REPAIR OVERHAUL SERVICES AND PARTS TO FIVE CENTRIFUGAL BLOWERS AND AUTHORIZING THE CITY MANAGER OR THE MANAGER'S DESIGNEE TO EXECUTE SAID DOCUMENTS AND PROVIDING AN EFFECTIVE DATE Item 11. Renew Annual Contract, Swimming Pool Chemical Services Parks & Recreation Director recommended approval of the renewal of the annual contract for swimming pool chemical services to Ecolab Center, Inc. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None Item 12. Authorize Purchase, 2008 Tractor Public Works Director recommended approval of the purchase of a 2008 Tractor with loader and box blade from Zimmer Kubota in the amount of$26,503.00. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None Item 13. Consideration of Minutes City Secretary recommended approval of the minutes of the March 25 and April 1, 2008 City Council meetings as published. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ITEM 14. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU08-06 DINO'S STEAK HOUSE 9 04/15/08 Chairman Oliver reported the Planning & Zoning Commission voted 6-0 for approval of Conditional Use Application CU08-06 filed by Dino's Steak House granting a conditional use permit for a restaurant with the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages). The property is located at 342 South Main Street and is zoned "CBD" Central Business District. Council Member Spencer, seconded by Council Member Wilbanks, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Lease Nays: None Abstain: Freed ORDINANCE NO. 2008-15 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 CU08-06 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 "CBD" CENTRAL BUSINESS 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 ITEM 15. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z08-02 IZAK AND JOE GREGORY 10 04/15/08 Chairman Oliver reported the Planning & Zoning Commission voted 6-0 for approval of Zoning Application Z08-02 filed by Izak and Joe Gregory granting rezoning of 0.327 acres from "R-7.5" Single Family District Regulations to "CBD" Central Business District for a public parking lot in conjunction with a restaurant. The subject property is located at 210 West Worth Street. Mayor Pro Tem Ware, 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, Ware, Spencer, Wilbanks, Stewart & Lease Nays: None Abstain: Freed ORDINANCE NO. 2008-16 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 Z08-02 ON A TRACT OF LAND OUT OF THE WM. DOOLEY SURVEY, ABSTRACT NO. 422, 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-7.5" SINGLE FAMILY DISTRICT REGULATIONS TO "CBD" CENTRAL BUSINESS DISTRICT; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 16. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z08-03 GRAPEVINE DODGE 11 04/15/08 Chairman Oliver reported the Planning & Zoning Commission voted 6-0 for approval of Zoning Application Z08-03 filed by Grapevine Dodge granting rezoning of 2.231 acres from "CC" Community Commercial District Regulations to "PID" Planned Industrial Development District for vehicle storage. The subject property is located at 2601 William D. Tate Avenue. 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, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ORDINANCE NO. 2008-17 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 Z08-03 ON A TRACT OF LAND OUT OF THE JAMES CATES SURVEY, ABSTRACT NO. 315, 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 "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS TO "PID" PLANNED INDUSTRIAL DEVELOPMENT DISTRICT; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 17. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU08-06 GRAPEVINE DODGE 12 04/15/08 Chairman Oliver reported the Planning & Zoning Commission voted 6-0 for approval with the condition that the applicant provide sufficient on-site parking for all employees. Approval of Conditional Use Application CU08-08 filed by Grapevine Dodge grants a conditional use permit to amend the site plan approved by Ordinance No. 2007-05 to enlarge the existing dealership site for vehicle storage. The subject property is located at 2601 William D. Tate Avenue. Council Member Freed, seconded by Mayor Pro Tem Ware, 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, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ORDINANCE NO. 2008-18 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 CU08-08 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2007-05, TO ENLARGE THE SITE FOR VEHICLE STORAGE IN A DISTRICT ZONED "PID" PLANNED INDUSTRIAL DEVELOPMENT DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS 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 18. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1R AND 2, BLOCK 1, FRANK PARRA AUTOPLEX ADDITION 4 13 04/15/08 Chairman Oliver reported the Planning & Zoning Commission voted 6-0 for approval of the , Statement of Findings and the final plat of Lots 1R and 2, Block 1, Frank Parra Autoplex Addition. The 16.561 acre property is being platted to build a parking lot at 2601 William D. Tate Avenue for Grapevine Dodge. Council Member Wilbanks, seconded by Council Member Lease, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plats of Lots 1R and 2, Block 1, Frank Parra Autoplex Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ITEM 19. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU08-07 TEXAS TOYOTA Chairman Oliver reported the Planning & Zoning Commission voted 6-0 for approval with the condition that the applicant provide evergreen plant screening along the west property line along the service building and meet with the Historic Preservation Officer regarding exterior paint colors for the facility, then submit the changes to the Site Plan Review Committee for approval. Approval of Conditional Use Application CU08-07 filed by Texas Toyota grants a conditional use permit to amend the site plan approved by Ordinance No. 2004-03 for an automotive repair/collision center with outside vehicle storage. The subject '"" property is located at 316 East Dallas Road and is zoned "LI" Light Industrial District. Council Member Stewart, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation with the conditions and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks & Stewart Nays: Freed & Lease ORDINANCE NO. 2008-19 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 CU08-07 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2003-54, FOR AN AUTOMOTIVE REPAIR/COLLISION REPAIR CENTER IN A DISTRICT ZONED "LI" LIGHT INDUSTRIAL DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, 14 04/15/08 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 20. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU08-09 INWOOD ESTATES VINEYARDS, INC. Chairman Oliver reported the Planning & Zoning Commission voted 6-0 for approval of Conditional Use Application CU08-09 filed by Inwood Estates Vineyards, Inc. granting a conditional use permit for a wine tasting facility with on-premise and off-premise consumption of alcoholic beverages (wine only) within the Mawker Coffee Shop located at 603 South Main Street #303. The property is zoned "CBD" Central Business District. Council Member Spencer, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ORDINANCE NO. 2008-20 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 CU08-09 FOR THE POSSESSION, STORAGE RETAIL SALE AND ON- AND OFF-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (WINE ONLY) IN CONJUNCTION WITH A WINE TASTING FACILITY, IN A DISTRICT ZONED "CBD" CENTRAL BUSINESS DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER 15 04/15/08 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 21. PLANNING & ZONING COMMISSION RECOMMENDATION SPECIAL USE APPLICATION VERIZON WIRELESS Chairman Oliver reported the Planning & Zoning Commission voted 6-0 for approval of Special Use Application SU08-01 filed by Verizon Wireless granting a special use permit to amend the site plan approved by Ordinance No. 99-73 for an existing unmanned cellular facility to enlarge the equipment building and the lease area. The property is located at 1060 Texan Trail and is zoned "LI" Light Industrial District. Mayor Pro Tem Ware, seconded by Council Member Stewart, offered a motion to accept 0. the Commission's recommendation and approve the ordinance granting the special use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ORDINANCE NO. 2008-21 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 SU08-01 TO AMEND THE APPROVED SITE PLAN OF ORDINANCE NO. 99-73 FOR AN EXISTING UNMANNED CELLULAR FACILITY TO ENLARGE THE EQUIPMENT BUILDING AND LEASE AREA IN A DISTRICT ZONED "LI" LIGHT INDUSTRIAL DISTRICT 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 16 04/15/08 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 EMERGENCY AND PROVIDING AN EFFECTIVE DATE ADJOURNMENT Council Member Wilbanks, seconded by Council Member Freed, offered a motion to adjourn the meeting at 8:35 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of May, 2008. APPROVED: diegid"" William D. Tate Mayor ATTEST: Lind. Huff /i City Secretary 17