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HomeMy WebLinkAbout2007-03-20 Joint Meeting AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING WORKSHOP TUESDAY, MARCH 20, 2007 AT 6:30 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER 1. Discuss naming the educational pavilion at the Botanical Gardens. 2. Update on transportation and selective legislative issues. 3. Discuss vehicle replacement policy. 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 16th day of March, 2007 at 5:00 p.m. Otte Lind. Huff City Secretary STATE OF TEXAS COUNTY OF TARRANT Imo CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 20th day of March, 2007 at 6:30 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 Clydene Johnson Council Member Darlene Freed Council Member constituting a quorum, with Council Member Roy Stewart 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 6:30 p.m. ITEM 1. DISCUSS NAMING EDUCATION PAVILION AT BOTANICAL GARDEN Parks & Recreation Director Doug Evans reported that the Parks & Recreation Board and the Education Pavilion Committee of the Grapevine Garden Club have recommended that the Education Pavilion be named the "Ed and Edith Pewitt Education Center." It was the consensus of the City Council to proceed with the naming of the pavilion as recommended. There was no formal action taken by the City Council. ITEM 2. UPDATE ON TRANSPORTATION AND SELECTIVE LEGISLATIVE ISSUES Transportation Director Jerry Hodge briefed the City Council on the Comprehensive Development Agreement (CDA) moratorium issue that was raised in the 2007 Texas Legislature last week. Discussion ensued relative to requesting the Legislators to exempt the pending CDA projects in Tarrant County from the moratorium. 03/20/07 It was the consensus of the Council to send a letter to the Transportation Committee to 0,06 request withdrawal of The Funnel from the pending CDA moratorium. There was no formal action taken by the City Council. ITEM 3. DISCUSS VEHICLE REPLACEMENT POLICY Public Works Director Matt Singleton reviewed the proposed vehicle replacement policy that is more conservative than the current policy and stated the new policy will follow three specific benchmarks for replacement of vehicles and equipment: life cycle cost analysis, time in service and miles/hours, and special circumstances. It was the consensus of the Council to proceed with implementation of the Vehicle Replacement Policy as presented. There was no formal action taken by the City Council. ADJOURNMENT Council Member Wilbanks, seconded by Council Member Freed, offered a motion to adjourn the workshop at 7:20 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 3rd day of April, 2007. 'w"' APPROVED: 4rIjk"'" William D. Tate Mayor ATTEST: / - /I Lind. Huff // City Secretary low 2 AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, MARCH 20, 2007 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. wm 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 16th day of March, 2007 at 5:00 p.m. Linda Huff City Secretary was STATE OF TEXAS COUNTY OF TARRANT NNW CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Executive Session on this the 20th day of March, 2007 at 7:00 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to-wit: William D. Tate Mayor Ted R. Ware Mayor Pro Tem Sharron Spencer Council Member C. Shane Wilbanks Council Member Clydene Johnson Council Member Darlene Freed Council Member constituting a quorum, with Council Member Roy Stewart absent, with the following members of the City Staff: Bruno Rumbelow 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 7:23 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 551.086, 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 551.086, Texas Government Code. NOTE: City Council continued with the Regular City Council meeting in open session in the City Council Chambers. 03/20/07 ADJOURNMENT Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 9:40 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 3rd day of April, 2007. APPROVED: 4qLL William D. Tate Mayor ATTEST: IMO ■ Linda uff 4 City Secretary Iwo 2 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL PLANNING & ZONING COMMISSION MEETING TUESDAY, MARCH 20, 2007 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER INVOCATION: Commissioner Herb Fry PRESENTATION 1. Tarrant County Update by County Commissioner Gary Fickes. JOINT PUBLIC HEARINGS 2. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU07-01 filed by Starkey Hearing Foundation requesting a conditional use permit for a non-profit organization within a residential zoning district. The subject property is located at 432 Ball Street and is zoned "R-7.5" Single Family District Regulations. 3. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU07-04 filed by Animal Emergency Hospital of North Texas requesting a conditional use permit to amend the site plan approved by Ordinance No. 2006-55 for development of a veterinary hospital. The subject property is located at 2700 West State Highway 114 and is zoned "CC" Community Commercial District Regulations. 4. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU07-05 filed by Performance Bicycles requesting a conditional use permit to amend the site plan approved by Ordinance No. 2006-34 to enlarge the retail tenant building. The subject property is located at 2750 Grapevine Mills Parkway and is zoned "CC" Community Commercial District Regulations. 5. City Council and Planning & Zoning Commission to conduct a public hearing relative to Historic Landmark Subdistrict Applications HL06-05 and HL06-06 filed by Tami and Ross Bannister requesting designation as a historical landmark subdistrict on property located at 424 and 428 Ball Street. The property is zoned "R-7.5" Single Family District Regulations. END OF JOINT PUBLIC HEARINGS 00.0 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 16th day of March, 2007 at 5:00 p.m. 0." IrAP, Linda uff *two City Secretary exivsoft AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, MARCH 20, 2007 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CITIZEN COMMENTS PRESENTATION 6. Presentation by Deloitte & Touche of the City's annual audit for fiscal year ending September 30, 2006 in compliance with the City Charter, Article 3, Section 3.14. NEW BUSINESS 7. Consider a resolution expressing intent to finance expenditures to be incurred and take any necessary action. 8. Consider a resolution of support of the 2011 Super Bowl to be held in North Texas 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. 9. Consider an ordinance abandoning a utility easement in the Heritage Place Addition. Public Works Director recommends approval. 10. Consider a resolution to establish an annual contract with Dustrol, Inc. for asphalt milling through an existing interlocal agreement with Tarrant County. Public Works Director recommends approval. 11. Consider a resolution ratifying the purchase of two uninterruptible power supply systems from Power Factor, Inc. Information Technology Manager recommends approval. 12. Consider award of a contract to Bil-Mik, Inc. for removal and replacement of the A waterline at Business 114 and Dallas Road. Public Works Director recommends approval. 13. Consider the minutes of the March 6, 2007 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 CU07-01 (Starkey Hearing Foundation) and a subsequent ordinance, if applicable. 15. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU07-04 (Animal Emergency Hospital of North Texas) and a subsequent ordinance, if applicable. 16. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU07-05 (Performance Bicycles) and a subsequent ordinance, if applicable. a 17. Consider the recommendation of the Planning & Zoning Commission relative to Historic Landmark Subdistricts HL06-05 and HL06-06 (Tami and Ross Bannister) 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 16th day of March, 2007 at 5:00 p.m. Linda Huff City Secretary AGENDA CITY OF GRAPEVINE „ ,, SPECIAL BRIEFING SESSION PLANNING & ZONING COMMISSION TUESDAY, MARCH 20, 2007 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 March 20, 2007 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 16th day of March, 2007 at 5:00 p.m. Lind. Huff - City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, MARCH 20, 2007 AT 7:30 P.M. PLANNING & ZONING COMMISSION CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET NEW BUSINESS 1. Consider Conditional Use Application CU07-01 (Starkey Hearing Foundation) and make a recommendation to the City Council. 2. Consider Conditional Use Application CU07-04 (Animal Emergency Hospital of North Texas) and make a recommendation to the City Council. 3. Consider Conditional Use Application CU07-05 (Performance Bicycles) and make a recommendation to the City Council. 4. Consider Historic Landmark Subdistricts HL06-05 and HL06-06 (Tami and Ross Bannister) and make a recommendation to the City Council. 5. Planning & Zoning Commission to discuss setting a date for the first tri-annual workshop and take any necessary action. CONSIDERATION OF MINUTES 6. Consider the minutes of the February 20, 2007 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 16th day of March, 2007 at 5:00 p.m. Lind. Huff grr City Secretary STATE OF TEXAS COUNTY OF TARRANT tow CITY OF GRAPEVINE The City Council and the Planning & Zoning Commission of the City of Grapevine, Texas met in Regular Joint Session on this the 20th day of March, 2007 at 7:30 p.m. in the City Council Chambers, Second Floor, 200 South Main Street, with the following members of the City Council present to-wit: William D. Tate Mayor Ted R. Ware Mayor Pro Tem Sharron Spencer Council Member C. Shane Wilbanks Council Member Clydene Johnson Council Member Darlene Freed Council Member constituting a quorum, with Council Member Roy Stewart absent, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Chris Coy Member Danette Murray Member Betty "BJ" Wilson Member Rob Undersander Member Becky St. John Member Mark Lowery Alternate constituting a quorum, with Vice Chairman Herb Fry and Commissioner Andrea Roy 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 7:40 p.m. INVOCATION Commissioner Lowery delivered the Invocation. 03/20/07 ITEM 1. PRESENTATION, COUNTY COMMISSIONER GARY FICKES Tarrant County Commissioner Gary Fickes briefed the Council regarding Tarrant County , Precinct 3 issues such as maintenance on asphalt roads, plans for the Tarrant County Bond Program that designated $200 million for road projects, Tarrant Regional Transportation Coalition and their support of Tarrant County road projects (State Highway 183, Interstate 35W, Interstate 820, State Highway 170 and The Funnel) and plans for a future county health care facility in Precinct 3. ITEM 2. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU07-01 STARKEY HEARING FOUNDATION Mayor Tate declared the public hearing open. Development Manager Ron Stombaugh reported Conditional Use Application CU07-01 had been filed by Starkey Hearing Foundation requesting a conditional use permit for a non- profit organization within a residential zoning district. The subject property is located at 432 Ball Street and is zoned "R-7.5" Single Family District Regulations. The property was leased by the Foundation for office uses without realizing that it was not zoned for office uses. The site does not meet the definition of a "customary home occupation" since it is not secondary to the principal residential use and is not owner/resident occupied. Within the "R-7.5" Single Family District guidelines, a non-profit organization of an educational, religious, or cultural type can be considered through the use of a conditional use request. '"' Mr. Stombaugh advised that if the conditional use is granted that the conditional use would o stay with the property, if the current occupants moved their business. "' "'' Ms. Debbie Ryan requested favorable consideration of the application stating the Foundation had been in the facility six months. She stated there were five employees of the Foundation and that they park their cars in the backyard of the facility. Discussion ensued relative to a home based business and that the current use does not qualify as a home based business as no one lives in the residence. 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 two letters of protest. Commissioner Coy, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Murray, Wilson, Undersander, St. John & Lowery Nays: None Absent: Fry Council Member Freed, seconded by Council Member Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: woo 2 03/20/07 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None taw Absent: Stewart ITEM 3. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU07-04 ANIMAL EMERGENCY HOSPITAL OF NORTH TEXAS Mayor Tate declared the public hearing open. Development Manager Stombaugh reported Conditional Use Application CU07-04 had been filed by Animal Emergency Hospital of North Texas requesting a conditional use permit to amend the site plan approved by Ordinance No. 2006-55 for development of a veterinary hospital. The subject property is located at 2700 West State Highway 114 and is zoned "CC" Community Commercial District Regulations. The applicant proposed a 12,772 square foot, single story building with occasional overnight stay. All animals will be contained inside the structure. Mr. Steve Homeyer requested favorable consideration of the application. He stated the facility would be open 24 hours for emergency services for small animals with limited facilities for overnight stays. There would be no boarding of animals. The City Council and the Planning & Zoning Commission questioned the location of the dumpster, amount of waste that would be created by the operations of the facility and where would the animals be walked. It was the consensus of the Council and the Commission that the building owner needed to be present to answer questions regarding the operation of the veterinary hospital. Mr. Homeyer requested the public hearing be tabled to April 17, 2007 Commissioner Lowery, seconded by Commissioner St. John, offered a motion to table the public hearing to the April 17, 2007 meeting. The motion prevailed by the following vote: Ayes: Oliver, Coy, Murray, Wilson, Undersander, St. John & Lowery Nays: None Absent: Fry Council Member Wilbanks, seconded by Council Member Freed, offered a motion to table the public hearing to the April 17, 2007 meeting. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart 3 03/20/07 Mayor Tate announced there would not be any additional notice to adjacent property owners regarding the continuation of the public hearing. ITEM 4. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU07-05 PERFORMANCE BICYCLES Mayor Tate declared the public hearing open. Development Manager Stombaugh reported Conditional Use Application CU07-05 had been filed by Performance Bicycles requesting a conditional use permit to amend the site plan approved by Ordinance No. 2006-34 to enlarge the retail tenant building to 5,999 square feet. The subject property is located at 2750 Grapevine Mills Parkway and is zoned "CC" Community Commercial District Regulations. Mr. Greg Moe requested favorable consideration of the application. Discussion ensued relative to the location and screening of the dumpster, the fact that no outside display is allowed and that the handicapped parking will have to be relocated closer to the entrance to the building. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. win Commissioner Lowery, seconded by Commissioner Undersander, offered a motion to close the public hearing. The motion prevailed by the following vote: IOW Ayes: Oliver, Coy, Murray, Wilson, Undersander, St. John & Lowery Nays: None Absent: Fry Council Member Johnson, seconded by Mayor Pro Tem Ware, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart ITEM 5. PUBLIC HEARING, HISTORIC LANDMARK SUBDISTRICT APPLICATION HL06-05 AND HL06-06 TAMI AND ROSS BANNISTER Mayor Tate declared the public hearing open. Development Manager Stombaugh reported Historic Landmark Subdistrict Applications HL06-05 and HL06-06 had been filed by Tami and Ross Bannister requesting designation ... as a historical landmark subdistrict on property located at 424 and 428 Ball Street. The property is zoned "R-7.5" Single Family District Regulations. 4 03/20/07 Mr. Ross Bannister requested favorable consideration of the application. ewe There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. Ms. Cindy Sharpe, 314 Ball Street, expressed her opposition regarding the zoning change to the property. Commissioner Wilson, seconded by Commissioner Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Murray, Wilson, Undersander, St. John & Lowery Nays: None Absent: Fry Council Member Spencer, 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 & Freed Nays: None Abstain: Johnson Absent: Stewart 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 with the exception of Council Member Stewart. ITEM 6. PRESENTATION, 2006 FINANCIAL AUDIT Managing Director of Financial Services Fred Werner introduced Mr. Terry Kyle, of Deloitte & Touche, who presented their audit of the City's 2006 financial statements in compliance with the requirements of the City Charter, Article 3, Section 3.14. Mr. Kyle reported the opinion letter states that the financial statements of the City of Grapevine present fairly the financial position of the City. The opinion rendered is an "unqualified opinion" meaning that there were no material exceptions found to the fairness criteria under which the records were analyzed. The audit also includes an audit of the Tax Increment Financing Districts (TIF's 1 and 2) and a single audit of all Federal Grant Awards, which were also free of material exceptions. 5 03/20/07 Council Member Freed, seconded by Council Member Johnson, offered a motion to accept the audit as presented. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart ITEM 7. RESOLUTION, INTENT TO FINANCE EXPENDITURES Managing Director of Financial Services Werner recommended approval of a resolution expressing intent to finance expenditures to be incurred relative to the Convention & Visitors Bureau land purchase at 630 Main Street and 206 Hudgins Street. Motion by Council Member Spencer, seconded by Mayor Pro Tern Ware, to approve as recommended prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Abstain: Tate Absent: Stewart RESOLUTION NO. 2007-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, EXPRESSING INTENT TO FINANCE UMW EXPENDITURES TO BE INCURRED AND PROVIDING AN EFFECTIVE DATE ITEM 8. RESOLUTION, SUPPORTING THE 2011 SUPER BOWL BEING HELD IN NORTH TEXAS Mr. Dan Petty, President and CEO of the North Texas Commission, representing the Super Bowl XLV Bid Committee, recommended approval of a resolution supporting the efforts of the Host Committee to have the North Texas Region selected as the site for the 2011 Super Bowl. The cities of Dallas, Fort Worth, Arlington, Grand Prairie and Grapevine are being asked to adopt the resolution in support of Super Bowl XLV. Discussion ensued relative to amending the proposed resolution to eliminate Section 8 regarding temporary flight restrictions around DFW Airport. Motion by Council Member Wilbanks, seconded by Council Member Spencer, to approve the resolution as recommended with the deletion of Section 8 pertaining to flight restrictions around DFW Airport prevailed by the following vote: ous wimp 6 03/20/07 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None „ Absent: Stewart RESOLUTION NO. 2007-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, REGARDING ASSURANCES TO THE NFL CONCERNING SUPPORT FOR SUPER BOWL XLV AND PROVING 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 9. Ordinance, Utility Easement Abandonment Public Works Director recommended approval of an ordinance abandoning a 7.5 foot wide utility easement along the south border of Lot 3-R, Block 1, Heritage Place Addition. Motion by Mayor Pro Tem Ware, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart ORDINANCE NO. 2007-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A PORTION OF A UTILITY EASEMENT IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Item 10. Resolution, Establish Asphalt Milling Annual Contract Public Works Director recommended approval of a resolution to establish an annual contract with Dustrol, Inc. for asphalt milling through an existing interlocal agreement with Tarrant County. Motion by Mayor Pro Tern Ware, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: 7 03/20/07 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart RESOLUTION NO. 2007-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNATE TO ESTABLISH AN ANNUAL CONTRACT FOR ASPHALT MILLING SERVICES THROUGH ESTABLISHED INTERLOCAL AGREEMENTS AND PROVIDING AN EFFECTIVE DATE Item 11. Resolution, Ratifying Purchase Uninterruptible Power Supply Systems Information Technology Manager recommended approval ratifying the purchase of two uninterruptible power supply systems from Power Factor, Inc. in the amount of$36,283.99. Motion by Mayor Pro Tem Ware, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart RESOLUTION NO. 2007-19 Iwo A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, TO RATIFY THE PURCHASE OF TWO UNINTERRUPTIBLE POWER SYSTEMS FROM POWER FACTOR, INCORPORATED AND PROVIDING AN EFFECTIVE DATE Item 12. Award Contract, Waterline Replacement Public Works Director recommended approval of the award of a contract to Bil-Mik, Inc. for removal and replacement of 50 feet of waterline at Business 114 and Dallas Road in the amount of$16,500. Motion by Mayor Pro Tern Ware, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart two 8 03/20/07 Item 13. Consideration of Minutes City Secretary recommended approval of the minutes of the March 6, 2007 City Council meetings as published. Mayor Tate requested the March 6, 2007 Executive Session Minutes be amended to reflect that he abstained from voting on the property purchase on South Main Street and Hudgins Street. Motion by Mayor Pro Tern Ware, seconded by Council Member Freed, to approve as recommended with an amendment to the Executive Session minutes reflecting that Mayor Tate abstained from voting on the property purchase on South Main Street and Hudgins Street prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart ITEM 14. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU07-01 STARKEY HEARING FOUNDATION " Chairman Oliver reported the Planning & Zoning Commission voted 6-1 for denial of Conditional Use Application CU07-01 filed by Starkey Hearing Foundation and ask that they work with Staff to allow a transition for the Foundation to vacate the house at 432 Ball Street. Mayor Pro Tem Ware, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation for denial of the conditional use permit and allow the occupants to continue business in their present location for six months from April 1, 2007. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart ITEM 15. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU07-41 ANIMAL EMERGENCY HOSPITAL NORTH TEXAS The public hearing was continued to the April 17, 2007 meeting. Therefore, no action was taken by the City Council or the Planning & Zoning Commission. ITEM 16. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU07-05 PERFORMANCE BICYCLES 9 03/20/07 Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of a,,,, Conditional Use Application CU07-05 filed by Performance Bicycles granting a conditional use permit to enlarge the retail tenant space on property located at 2750 Grapevine Mills Parkway. Mayor Pro Tern Ware, seconded by Council Member Spencer, 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, Johnson & Freed Nays: None Absent: Stewart ORDINANCE NO. 2007-11 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU07-05 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2006-34 TO ENLARGE A RETAIL TENANT BUILDING 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 17. PLANNING & ZONING COMMISSION RECOMMENDATION HISTORIC LANDMARK SUBDISTRICTS HL06-05 AND HL06-06 Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Historic Landmark Subdistricts HL06-05 and HL06-06 filed by Tami and Ross Bannister granting historic landmark subdistrict overlays for property located at 424 and 428 Ball Street. two 10 03/20/07 Council Member Spencer, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the ordinance granting the historic landmark subdistrict overlay. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks & Freed Nays: None Abstain: Johnson Absent: Stewart ORDINANCE NO. 2007-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DESIGNATING HISTORIC LANDMARK SUBDISTICT HL06-05 AND HL06-06 IN ACCORDANCE WITH SECTION 39 OF ORDINANCE NO. 82-73 (APPENDIX "D" OF THE CODE OF ORDINANCES), DESIGNATING THE AREA LEGALLY DESCRIBED AS LOTS 1 AND 2, BLOCK 1, BANNISTER ADDITION AND MORE SPECIFICALLY DESCRIBED HEREIN IN A DISTRICT ZONED "R-7.5" SINGLE FAMILY DISTRICT REGULATIONS; PROVIDING FOR THE ADOPTION OF THE LOIS STEWART HOUSE HISTORIC DISTRICT DESIGN GUIDELINES; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ADJOURNMENT Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 9:40 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 3rd day of April, 2007. 11 03/20/07 mow APPROVED: William D. Tate Mayor ATTEST: Lind Huff City Secretary IMO swift WM/ 12