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HomeMy WebLinkAbout2007-04-17 Joint Meeting AGENDA CITY OF GRAPEVINE, TEXAS ,,, SPECIAL CITY COUNCIL MEETING WORKSHOP TUESDAY, APRIL 17, 2007 AT 6:30 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER 1. Discuss The Funnel right of way for State Highway 26. 2. Update on the status of the CDA moratorium. 3. Review of the Grapevine 4B Economic Development Corporation Board, the Crime Control and Prevention District Board and the Quality of Life Fund. 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 13th day of April, 2007 at 5:00 p.m. 41Fen,/?;dt VI/)44 Joe. Brown A istant City Secretary • STATE OF TEXAS mem COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 17th day of April, 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 Roy Stewart Council Member Darlene Freed 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 meeting to order at 6:30 p.m. ITEM 1. DISCUSS THE FUNNEL RIGHT OF WAY Director of Transportation Projects Jerry Hodge briefed the City Council regarding the right of way taking necessary along State Highway 26 for The Funnel project. Discussion ensued relative to the impact the taking would have on the businesses along State Highway 26 as well as The Funnel's impact on businesses all over Grapevine. It was the consensus of the City Council to forward a letter to TxDOT expressing Grapevine's concerns about The Funnel design and its impact all over the City of Grapevine. There was no formal action taken by the City Council ITEM 2. UPDATE ON COMPREHENSIVE DEVELOPMENT AGREEMENT MORATORIUM (CDA) Director of Transportation Projects Hodge updated the City Council on the status of Comprehensive Development Agreement (CDA) moratorium legislation. He reported that HB1892 had been voted out of the House and that it protects all of the projects in the metroplex. The bill is scheduled to go before the Senate tomorrow. 04/17/07 There was no formal action taken by the City Council ITEM 3. REVIEW, GRAPEVINE 4B ECONOMIC DEVELOPMENT CORPORATION BOARD, CRIME CONTROL AND PREVENTION DISTRICT BOARD AND QUALITY OF LIFE FUND City Manager Bruno Rumbelow briefed the City Council regarding the Grapevine 4B Economic Development Corporation Board (4B Board), the Crime Control and Prevention District Board (CCPD Board) and the Quality of Life Fund regarding the composition of each board and its duties. The 4B Board will be comprised of four elected officials and three citizens that are appointed by the City Council. The 4B Board will report regularly to the City Council. Seventy-five percent of the one-half of one percent (approximately $7,500,000.00 per year) of the sales tax generated will be forwarded to the Fort Worth Transportation Authority for development and future operational funding of commuter rail. The remaining 25% (approximately $2,500,000.00 per year) of the 4B sales tax will be reserved for property purchases, construction of a rail station in Grapevine and funding of quality of life projects. The permanent CCPD Board is the City Council. The CCPD tax rate of one-half of one percent will produce approximately $10,000,000.00 per year. The CCPD funds may be used for most activities in capital projects of the Police Department. The CCPD was approved for five years and may be extended by elections for up to 20 years, in five year increments. The Quality of Life Fund will be funds that are "freed up" by the utilization of CCPD funds to replace General Fund expenditures. Expenditure of funds and projects will be addressed each year by the City Council through the budget process. 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 7:25 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 1st day of May 2007. ..w 2 04/17/07 APPROVED: IMMO 42i418 William D. Tate Mayor ATTEST: Huff 111 City Secretary SRO IMMO 3 AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, APRIL 17, 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. ADJOURNMENT ORMIO 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 13th day of April, 2007 at 5:00 p.m. AreetC; C ' J.?• . Brown As istant City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL ktwo PLANNING & ZONING COMMISSION MEETING TUESDAY, APRIL 17, 2007 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER INVOCATION: Commissioner Rob Undersander PRESENTATION 1. Texas Department of Family and Protective Services' Community Coordinator Lisa Hill to present certificates to Crime Prevention Officers Tim Gill, Jason Keller and Scott Rhodes for their dedicated service to helping abused and neglected children. JOINT PUBLIC HEARINGS 2. City Council and Planning & Zoning Commission to continue 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. The public hearing was tabled at the March 20, 2007 meeting. 3. City Council and Planning & Zoning Commission to conduct a public hearing relative to Zoning Application Z07-02 filed by RWS Management requesting rezoning of 0.60 acres from "CN" Neighborhood Commercial District Regulations to "PO" Professional Office District Regulations on property located at 414 North Main Street. 4. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU07-03 filed by Farina's Winery requesting a conditional use permit to amend the site plan approved by Ordinance No. 2005-66 for the possession, storage, retail sale and on and off-premise consumption of alcoholic beverages (wine only) in conjunction with a wine tasting room. The subject property is located at 418 and 420 South Main Street and is zoned "CBD" Central Business District. 5. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU07-09 filed by Faith Christian School requesting a conditional use permit to amend the site plan approved by Ordinance No. 2006-26 to modify the layout of the school building. The subject property is located at 729 East Dallas Road 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 13th day of April, 2007 at 5:00 p m. III 11114 4011;6 V\-, Jo". Brown Assistant City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, APRIL 17, 2007 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CITIZEN COMMENT OLD BUSINESS 6. Consider an ordinance authorizing and approving the creation of the Grapevine 4B Economic Development Corporation; approving the Corporation's Articles of Incorporation; appointing its initial Board of Directors and take any necessary action. NEW BUSINESS 7. Consider award of remodeling contracts for the Grapevine Convention Center 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 the First Amendment to the Henry Schein Inc. Economic Development Incentive Agreement with an April 1, 2007 effective date. Assistant City Manager recommends approval. 9. Consider the second and final reading of Ordinance No. 2007-08 amending the franchise granted to TXU Electric Delivery Company. Assistant City Manager recommends approval. 10. Consider approval of an annual contract for mid-grade unleaded and diesel fuel to Martin Eagle Oil Company, Inc. through an existing interlocal agreement with the City of Fort Worth. Public Works Director recommends approval. 11. Consider a resolution establishing an annual contract with Cutler Repaving for recycling of asphalt pavement through an existing interlocal agreement with the City -.. of University Park. Public Works Director recommends approval. 12. Consider approval of the purchase of a Supervisory Control and Data Acquisition (SCADA) System upgrades from Automated Computer Systems and approval of a resolution establishing an interlocal agreement and contract for annual SCADA WOO System service and maintenance with the City of Lewisville. Public Works Director recommends approval. 13. Consider the minutes of the April 3, 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 CU07-04 (Animal Emergency Hospital) and a subsequent ordinance, if applicable. 15. Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z07-02 (RWS Management) and a subsequent ordinance, if applicable. ""w` 16. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU07-03 (Farina's Winery) and a subsequent ordinance, if applicable. 17. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU07-09 (Faith Christian School) 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 13th day of April, 2007 at 5:00 p.m. 4111 • 00L gt6-1Al " J . Brown A istant City Secretary AGENDA CITY OF GRAPEVINE SPECIAL BRIEFING SESSION PLANNING & ZONING COMMISSION TUESDAY, APRIL 17, 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 April 17, 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 ""o"` Texas Legislature, the Planning and Zoning Commission Briefing Session Agenda was prepared and posted on this the 13th day of April, 2007 at 5:00 p.m. 4(4_ ez , J-ie„ Jo;7 . Brown Assistant City Secretary Orme AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING wkw TUESDAY, APRIL 17, 2007 AT 7:30 P.M. PLANNING & ZONING COMMISSION CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET NEW BUSINESS 1. Consider Conditional Use Application CU07-04 (Animal Emergency Hospital) and make a recommendation to the City Council. 2. Consider Zoning Application Z07-02 (RWS Management) and make a recommendation to the City Council. 3. Consider Conditional Use Application CU07-03 (Farina's Winery) and make a recommendation to the City Council. 4. Consider Conditional Use Application CU07-09 (Faith Christian School) and make a recommendation to the City Council. CONSIDERATION OF MINUTES " ""' 5. Consider the minutes of the March 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 13th day of April, 2007 at 5:00 p.m. 414 (124-7/117 — Jos'. Brown Assistant City Secretary STATE OF TEXAS fONONI COUNTY OF TARRANT CITY OF GRAPEVINE woo The City Council and the Planning & Zoning Commission of the City of Grapevine, Texas met in Regular Joint Session on this the 17th day of April, 2006 at 7:30 p.m. in the City Council Chambers, Second Floor, 200 South Main Street, with the following members of the City Council present to-wit: William D. Tate Mayor Ted R. Ware Mayor Pro Tern Sharron Spencer Council Member C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Herbert Fry Vice Chairman Chris Coy Member Danette Murray Member Betty "BJ" Wilson Member Rob Undersander Member Becky St. John Member Mark Lowery Alternate constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Note: Mayor Tate announced the Executive Session scheduled for 7:00 p.m. was not conducted. CALL TO ORDER Mayor Tate called the meeting to order at 7:40 p.m....x INVOCATION ,,, Commissioner Undersander delivered the Invocation. 04/17/07 ITEM 1. PRESENTATION, TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES' COMMUNITY Texas Department of Family and Protective Services' Community Coordinator Lisa Hill presented Certificates of Recognition to Crime Prevention Officers Tim Gill, Jason Keller and Scott Rhodes for their dedicated service to helping abused and neglected children. ITEM 2 PUBLIC HEARING, CONDITIONAL USE APPLICATION CU07-04 ANIMAL EMERGENCY HOSPITAL Mayor Tate declared the public hearing continued from the March 20, 2007 meeting. Planner Albert Triplett reported that 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 12,772 square foot, single story veterinary hospital. The subject property is located at 2700 West State Highway 114 and is zoned "CC" Community Commercial District Regulations. The public hearing was tabled at the March 20, 2007 meeting, as the applicant was not present to answer questions regarding the day to day operations of the animal hospital. Mr. Steve Hoymeyer introduced the applicant, Dr. Bruce Nixon, who requested favorable consideration of the application. Dr. Nixon addressed the operational concerns of the facility regarding dumpster odor and trash disposal. He stated there would not be any boarding and that the clinic would operate as a veterinary referral center. .40 Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Coy, seconded by Commissioner St. John, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander & St. John Nays: None Council Member Spencer, seconded by Council Member Johnson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 3. PUBLIC HEARING, ZONING APPLICATION Z07-02 RWS MANAGEMENT Mayor Tate declared the public hearing open. 01„ 2 04/17/07 Planner Triplett reported that Zoning Application Z07-02 had been filed by RWS MOM Management requesting rezoning of 0.60 acres from "CN" Neighborhood Commercial District Regulations to "PO" Professional Office District Regulations on property located at 414 North Main Street. One 5,700 square foot, single story office building is planned that will be accessed from North Main Street. Mr. Ed Kelley 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 Fry, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander & St. John Nays: None Council Member Stewart, 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, Johnson, Stewart & Freed Nays: None ITEM 4. PUBLIC HARING, CONDITIONAL USE APPLICATION CU07-03 FARINA'S WINERY Mayor Tate declared the public hearing open. Planner Triplett reported that Conditional Use Application CU07-03 had been filed by Farina's Winery requesting a conditional use permit to amend the site plan approved by Ordinance No. 2005-66 for the possession, storage, retail sale and on and off-premise consumption of alcoholic beverages (wine only) in conjunction with a wine tasting room. The subject property is located at 418 and 420 South Main Street and is zoned "CBD" Central Business District. The applicant will use 420 South Main Street as the retail sales, consumption and storage of wine. The property located at 418 South Main Street will be used for retail sales (Antique Revival) and convert three parking spaces to the rear of the antique store into an outdoor wine tasting area of approximately 1,675 square feet. Mr. Gary Farina requested favorable consideration of the application. Discussion ensued relative to the loss of the parking spaces on Barton Street, whether the applicant had considered locating the outside facility to the front of the property and if 3 04/17/07 there would be music outside. Mr. Farina responded the area is not currently being used for parking, the front of the property would not offer the space he needs to operate, and there would be guitar music until 10 p.m. outside. 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 Wilson, seconded by Commissioner Undersander, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander & St. John Nays: None Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 5. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU07-09 FAITH CHRISTIAN SCHOOL Mayor Tate declared the public hearing open. owe Planner Triplett reported that Conditional Use Application CU07-09 had been filed by Faith Christian School requesting a conditional use permit to amend the site plan approved by Ordinance No. 2006-26 to modify the layout of the school building. The subject property is located at 729 East Dallas Road and is zoned "LI" Light Industrial District. The proposal will phase construction under one roof, with the athletic, performing arts facilities and classrooms in the first phase. Subsequent phases will incorporate additional classrooms and a football stadium. Dr. Ed Smith 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. Joel Otts, 911 Easy Street, expressed his support of the application and inquired whether a fence will be constructed on the east end of the property that is adjacent to his property. City Staff responded that a fence would be required to be constructed. Commissioner Coy, seconded by Commissioner Undersander, offered a motion to close 0•,0 the public hearing. The motion prevailed by the following vote: 4 04/17/07 Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander & St. John Nays: None Council Member Freed, seconded by Mayor Pro Tem Ware, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed 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. ORDINANCE, AUTHORIZING AND APPROVING CREATION OF GRAPEVINE 4B ECONOMIC DEVELOPMENT CORPORATION, APPROVE ARTICLES OF INCORPORATION, APPOINT INITIAL BOARD OF DIRECTORS Administrative Services Director Bill Gaither requested approval of an ordinance authorizing and approving the creation of the Grapevine 4B Economic Development Corporation and approving the Corporation's Articles of Incorporation. He stated that all action taken by the Board would be approved by the City Council. City Manager Rumbelow stated that the recommended elected official appointments to the Board are Mayor William D. Tate, Council Members C. Shane Wilbanks, Sharron Spencer and Darlene Freed for a two year term and the following citizens for a one year term: Chris Reyher, John Matthew (Matt) Carnes and Martin Honeycutt. Council Member Wilbanks, seconded by Council Member Freed, offered a motion to approve an ordinance authorizing and approving the creation of the Grapevine 4B Economic Development Corporation; approving the Corporation's Articles of Incorporation and appointing its initial Board of Directors; designating the following individuals for an initial two year Board term: William D. Tate, C. Shane Wilbanks, Sharron Spencer and Darlene Freed; and designating the following individuals for an initial one year term: Chris Reyher, Matt Carnes and Martin Honeycutt and, authorizing the appropriate documents to be submitted to the Texas Secretary of State on behalf of the incorporators. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None 5 04/17/07 ORDINANCE NO. 2007-16 , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING AND APPROVING THE CREATION OF THE GRAPEVINE 4B ECONOMIC DEVELOPMENT CORPORATION; APPROVING THE CORPORATION'S ARTICLES OF INCORPORATION AND APPOINTING ITS INITIAL DIRECTORS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 7. AWARD REMODELING CONTRACTS, GRAPEVINE CONVENTION CENTER Convention & Visitors Bureau Assistant Executive Director George Kakos recommended approval of the award of remodeling contracts for the Grapevine Convention Center to the lowest and best bidders meeting specifications: the electrical bid to C & M Electrical; the flooring bid to RWA Flooring Solutions; the paint and vinyl bid to Artistic Painting Company; the doors and windows bid to Binswanger Glass Company and the bathroom remodeling bid to Russell Anderson Construction. The total of the complete remodeling project will be $240,995.14. Motion by Council Member Spencer, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: "'"" Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None 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. Henry Schein Inc. Economic Development Incentive Agreement, First Amendment Assistant City Manager recommended approval of the First Amendment to the Henry Schein Inc. Economic Development Incentive Agreement with an April 1, 2007 effective date. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: eme Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None 6 04/17/07 Item 9. Second and Final Reading Ordinance No. 2007-08 Amend TXU Electric Delivery Company Franchise Assistant City Manager recommended approval of the second and final reading of Ordinance No. 2007-08 amending the franchise granted to TXU Electric Delivery Company for quarterly payments instead of annual payments. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2007-08 AN ORDINANCE AMENDING EXISTING FRANCHISE ORDINANCE BETWEEN THE CITY OF GRAPEVINE AND TXU ELECTRIC DELIVERY COMPANY, A TEXAS CORPORATION, ITS SUCCESSORS AND ASSIGNS, TO PROVIDE FOR A DIFFERENT PAYMENT SCHEDULE; PROVIDING AN EXTENSION OF THE FRANCHISE TERM; PROVIDING FOR TXU ELECTRIC DELIVERY 44 ACCEPTANCE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS ICIsmd OPEN TO THE PUBLIC AS REQUIRED BY LAW AND PROVIDING AN EFFECTIVE DATE Item 10. Approve Annual Contract, Mid-Grade Unleaded and Diesel Fuel Public Works Director recommended approval of an annual contract for mid-grade unleaded and diesel fuel to Martin Eagle Oil Company, Inc. through an existing interlocal agreement with the City of Fort Worth. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 11. Resolution, Establish Recycling of Asphalt Pavement Annual Contract Public Works Director recommended approval of a resolution establishing an annual contract with Cutler Repaving for recycling of asphalt pavement through an existing interlocal agreement with the City of University Park. 7 04/17/07 Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2007-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNATE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF UNIVERSITY PARK, TEXAS AND PROVIDING AN EFFECTIVE DATE Item 12. Resolution, Authorize Purchase of Supervisory Control and Data (SCADA Public Works Director recommended approval of the purchase of a Supervisory Control and Data Acquisition (SCADA) System upgrades in an amount not to exceed $33,600.00 from Automated Computer Systems and approval of a establishing an interlocal agreement and contract for annual SCADA System service and maintenance with the City of Lewisville. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed owe Nays: None RESOLUTION NO. 2007-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNATE TO PURCHASE SCADA SYSTEM UPGRADES AND TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF LEWISVILLE, TEXAS AND PROVIDING AN EFFECTIVE DATE Item 13. Consideration of Minutes City Secretary recommended approval of the minutes of the April 3, 2007 City Council meetings as published. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: pup Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None 8 04/17/07 RECESS AND RECONVENE Mayor Tate announced the City Council would take a brief recess. Upon reconvening in the Council Chambers, all members of the City Council were present. ITEM 14. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU07-04 ANIMAL EMERGENCY HOSPITAL Vice Chairman Herb Fry reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU07-04 filed by Animal Emergency Hospital granting a conditional use permit to amend the site plan approved by Ordinance No. 2006- 55 for development of a veterinary hospital on property located at 2700 West State Highway 114. 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, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2007-17 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN 47 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 CU07-04 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2006-55 FOR THE DEVELOPMENT OF A VETERINARY HOSPITAL 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; 9 04/17/07 DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 15. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z07-02 RWS MANAGEMENT Vice Chairman Fry reported the Planning & Zoning Commission voted 7-0 for approval of Zoning Application Z07-02 filed by RWS Management granting rezoning of approximately 0.60 acres from "CN" Neighborhood Commercial District Regulations to "PO" Professional Office District Regulations on property located at 414 North Main Street. Council Member Johnson, 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, Johnson & Stewart Nays: None Abstain: Freed ORDINANCE NO. 2007-18 AN ORDINANCE AMENDING ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE OF GRAPEVINE, TEXAS, GRANTING ZONING CHANGE Z07-02 ON A TRACT OF LAND OUT OF THE A. F. LEONARD SURVEY, ABSTRACT NO. 946, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "CN" NEIGHBORHOOD COMMERCIAL DISTRICT REGULATIONS TO "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED ORM 10 04/17/07 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 CONDITIONAL USE APPLICATION CU07-03 FARINA'S WINERY Chairman Fry reported the Planning & Zoning Commission voted 6-1 for approval of Conditional Use Application CU07-03 filed by Farina's Winery granting a conditional use permit to amend the site plan approved by Ordinance No. 2005-66 for the possession, storage, retail sale and on and off-premise consumption of alcoholic beverages (wine only) in conjunction with a wine tasting room. The property is located at 418 and 420 South Main Street. Mayor Pro Tern Ware, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. Council discussion ensued relative to the loss of the parking spaces, outside music adjacent to a residential area and late hours close to a residential area. Mayor Pro Tern Ware, seconded by Council Member Stewart, amended his motion for approval with the conditions of no amplified music and no music after 10 p.m. The motion failed by the following vote: Ayes: Ware, Johnson & Stewart Nays: Tate, Spencer & Wilbanks Abstain: Freed ITEM 17. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU07-09 FAITH CHRISTIAN SCHOOL Vice Chairman Fry reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU07-09 filed by Faith Christian School granting a conditional use permit to amend the site plan approved by Ordinance No. 2006-26 to modify the layout of the school building. The property is located at 729 East Dallas Road. Council Member Johnson, seconded by Council Member Stewart, 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, Stewart & Freed Nays: None 11 04/17/07 ORDINANCE NO. 2007-19 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 CU07-09 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2006-26 FOR A NON-PROFIT EDUCATIONAL INSTITUTION 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, 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 ADJOURNMENT Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 8:50 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 1st day of May, 2007. APPROVED: William D. Tate „,w. Mayor woe 12 04/17/07 ATTEST: vow Linda 47ifi-- X7* City Secretary 01110$40 13 .M■