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HomeMy WebLinkAbout2007-07-17 Joint Meeting AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, JULY 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 pending or contemplated litigation and 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 13th day of July, 2007 at 5:00 p.m. Aft. 41114k End uff �/ Li 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 17th day of July, 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: Ted R. Ware Mayor Pro Tern Sharron Spencer Council Member C. Shane Wilbanks Council Member Roy Stewart Council Member Mike Lease Council Member constituting a quorum, with Mayor William D. Tate and Council Member Darlene Freed 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 Jodi C. Brown Assistant City Secretary CALL TO ORDER Mayor Pro Tern Ted R. Ware called the meeting to order at 7:05 p.m. ITEM 1. EXECUTIVE SESSION Mayor Pro Tern Ware 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 Pro Tern Ware 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. 4914..4 ADJOURNMENT 07/17/07 Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the meeting at 9:05 p.m. The motion prevailed by the following vote: ,.. Ayes: Ware, Spencer, Wilbanks, Stewart & Lease Nays: None Absent: Tate & Freed PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 7th day of August, 2007. APPROVED: William D. Tate Mayor ATTEST: fir„62,Lid ff City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL PLANNING & ZONING COMMISSION MEETING TUESDAY, JULY 17, 2007 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER INVOCATION: Commissioner Chris Coy PRESENTATION 1. Emergency Management Coordinator Carrie Little to brief the City Council regarding Emergency Management Plans. 2. Staff report on the zoning history of the North Main Street area. JOINT PUBLIC HEARINGS 3. Council and Planning & Zoning Commission to conduct a public hearing relative to Zoning Application Z07-09 and Conditional Use Application CU07-17 filed by Legacy Texas Bank. The zoning application requests rezoning of approximately 0.918 acres of property located at 750 West Dallas Road from "LI" Light Industrial District to "CC" Community Commercial District Regulations. The conditional use application requests a permit to amend the site plan approved by Ordinance No. 96- 75 for a drive through banking facility. 4. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU07-15 filed by Baylor Regional Medical Center requesting a conditional use permit to amend the site plan approved by Ordinance No. 2001-48 for an addition to the south tower and a new central utility plant on property located at 1650 West College Street and zoned "PCD" Planned Commerce Development District and "CC" Community Commercial District Regulations. 5. City Council and Planning & Zoning Commission to conduct a public hearing relative to Historic Landmark Subdistrict HL07-01 filed by Wanda Howard requesting a historical landmark subdistrict on property located at 614 East Estill Street known as the Johnson-Martin House. The property is zoned "R-7.5" Single Family Residential District. 6. City Council and Planning & Zoning Commission to conduct a public hearing relative to Historic Landmark Subdistrict HL07-02 filed by the City of Grapevine requesting a historical landmark subdistrict on property located at 626 South Church Street. The property is zoned "R-7.5" Single Family Residential District. 7. City Council and Planning & Zoning Commission to conduct a public hearing relative to proposed amendments to the Grapevine Code of Ordinances, Appendix D, Comprehensive Zoning Ordinance No. 82-73, as amended, Section 52 Tree Preservation relative to tree pruning restrictions. 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 41 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 July, 2007 at 5:00 p.m. Lin Huff City Secretary s 44.4 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, JULY 17, 2007 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CITIZEN COMMENTS PUBLIC HEARING 8. Conduct a public hearing relative to Move-In Building Application MIB07-02 filed by the City of Grapevine relative to moving a two room school house to 627 South Church Street, consider a resolution authorizing the move-in building permit and take any necessary action. OLD BUSINESS 9. Consider Zoning Application Z07-05 filed by Charles Larson requesting rezoning of 0.24 acres located at 511 North Main Street from "R-MF-1" Multifamily District Regulations to "PO" Professional Office District Regulations and first reading of a Af subsequent ordinance, if applicable. (The item was tabled by the Council after the Planning & Zoning Commission recommended denial of the request until a review of the zoning in the North Main Street area could be conducted. Applicant has requested the item be tabled to October 16, 2007.) NEW BUSINESS 10. Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 7 Buildings and Construction relative to adoption of the 2006 International Building Code, the 2006 International Residential Code, the 2006 International Mechanical Code, the 2006 International Plumbing Code, the 2006 International Fuel Gas Code, and the 2005 National Electrical Code, and take any necessary action. 11. Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 11 Fire Code relative to the adoption of the 2006 International Fire Code and take any necessary action. 12. Consider a resolution suspending a GRIP rate increase request made by Atmos Energy 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. 13. Consider a resolution authorizing the purchase of various vehicles through interlocal agreement and established annual contracts with Sam Packs Five Star Ford and Baby Jack Auto Group dba Caldwell County Chevrolet. Public Works Director recommends approval. 14. Consider award of an annual contract for Tree Maintenance Services to Preservation Tree Services as primary contractor and to Northwest Services dba Horton Tree Service as secondary contractor. Director of Parks and Recreation recommends approval. 15. Consider award of an Aggregate Materials Annual Contract to TXI, Inc., Hanson Aggregates and Top Way Properties. Director of Public Works recommends approval. 16. Consider the minutes of the July 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 17. Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z07-09 (Legacy Texas Bank) and a subsequent ordinance, if applicable. 18. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU07-17 (Legacy Texas Bank) and a subsequent ordinance, if applicable. 19. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU07-15 (Baylor Regional Medical Center) and a subsequent ordinance, if applicable. 20. Consider the recommendation of the Planning & Zoning Commission relative to Historic Landmark Subdistrict HL07-01 (Johnson-Martin House) and a subsequent ordinance, if applicable. 21. Consider the recommendation of the Planning & Zoning Commission relative to Historic Landmark Subdistrict HL07-02 (Miles-Chambers House) and a subsequent ordinance, if applicable. 22. Consider the recommendation of the Planning & Zoning Commission relative to amendments to the Grapevine Code of Ordinances, Appendix D, Comprehensive Zoning Ordinance No. 82-73, as amended, Section 52 Tree Preservation 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 July, 2007 at 5:00 p.m. IA" 411‘,"( Linda uff City Secretary AGENDA CITY OF GRAPEVINE SPECIAL BRIEFING SESSION PLANNING & ZONING COMMISSION TUESDAY, JULY 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 July 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 Texas Legislature, the Planning and Zoning Commission Briefing Session Agenda was prepared and posted on this the 13th day of July, 2007 at 5:00 p.m. Lind. uff 740 City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, JULY 17, 2007 AT 7:30 P.M. PLANNING & ZONING COMMISSION CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET NEW BUSINESS 1. Consider Zoning Application Z07-09 (Legacy Texas Bank) and make a recommendation to the City Council. 2. Consider Conditional Use Application CU07-17 (Legacy Texas Bank) and make a recommendation to the City Council. 3. Consider Conditional Use Application CU07-15 (Baylor Regional Medical Center) and make a recommendation to the City Council. 4. Consider Historic Landmark Subdistrict HL07-01 (Johnson-Martin House) and make a recommendation to the City Council. 5. Consider Historic Landmark Subdistrict HL07-02 (Miles-Chambers House) and make a recommendation to the City Council. ,„ 6. Consider amendments to the Grapevine Code of Ordinances, Appendix D, Comprehensive Zoning Ordinance No. 82-73, as amended, Section 52 Tree Preservation and make a recommendation to the City Council. CONSIDERATION OF MINUTES 7. Consider the minutes of the June 19, 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 July, 2007 at 5:00 p.m. Lind Huff t7 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 17th day of July, 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 Roy Stewart Council Member Mike Lease Council Member constituting a quorum, with Council Member Darlene Freed 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 Commissioner Herbert Fry absent, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager John F. Boyle, Jr. City Attorney Jodi C. Brown Assistant City Secretary CALL TO ORDER Mayor Pro Tern Ware called the meeting to order at 7:30 p.m. INVOCATION Commissioner Chris Coy delivered the Invocation. ITEM 1. PRESENTATION, EMERGENCY MANAGEMENT PLAN 07/17/07 Emergency Management Coordinator Carrie Little briefed the City Council and Planning & Zoning Commission on the City's Emergency Management Plan that will preserve and maintain civil government functions under the threat or occurrence of emergency, disaster , or catastrophic incidents. The following legal statues would be implemented: local ordinances, State laws and Federal Statues. Note: Mayor Tate arrived during the presentation of the Emergency Management Plan. Note: Mayor Pro Tem Ware turned the meeting over to Mayor Tate. ITEM 2. PRESENTATION, STAFF REPORT ON ZONING HISTORY OF NORTH MAIN STREET Planning & Development Manager Ron Stombaugh reported to the City Council and Planning & Zoning Commission on the zoning history of the North Main Street area. The actual land uses along the subject property located at 511 North Main Street are primarily residential, however, there are a number of properties that are used for retail/commercial and office purposes in the area as well. In the immediate vicinity of 511 North Main Street are four family units to the north, and single family residential to the south, east and west. Mr. Stombaugh stated that after a special workshop session of the Planning & Zoning Commission on June 19, 2007, the Commission determined that there was no compelling reason to allow commercial development north of Banyon Street on the west side of North Main Street regardless of zoning. woo ITEM 3. PUBLIC HEARING, ZONING APPLICATION Z07-09 AND CONDITIONAL USE APPLICATION CU07-17, LEGACY TEXAS BANK Mayor Tate declared the public hearing open. Planner Albert Triplett reported that Zoning Application Z07-09 and Conditional Use Application CU07-17 had been filed by Legacy Texas Bank. The applicant is requesting rezoning of approximately 0.918 acres from "LI" Light Industrial District to "CC" Community Commercial District Regulations and requesting a conditional use permit to amend the site plan approved by Ordinance No. 96-75 for a drive-through banking facility. The subject property is located at 750 West Dallas Road. Mr. Troy Pelias requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was one letter of support copied to the Council and Commission. Commissioner Wilson, seconded by Commissioner Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: 2 07/17/07 Ayes: Oliver, Coy, Murray, Wilson, Undersander, St. John & Lowery o. Nays: None Absent: Fry 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 & Lease Nays: None Absent: Freed Note: Mayor Tate turned the meeting over to Mayor Pro Tem Ware ITEM 4. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU07-15, BAYLOR REGIONAL MEDICAL CENTER Mayor Pro Tern Ware declared the public hearing open. Planner Albert Triplett reported Conditional Use Application CU07-15 had been filed by Baylor Regional Medical Center requesting a conditional use permit to amend the site plan approved by Ordinance No. 2001-48 for a 32,000 square foot, two-story addition to the south tower and a new central utility plant. The property is located at 1650 West College Street and is zoned "PCD" Planned Commerce Development District and "CC" Community 444'"" Commercial District Regulations. Ms. Bonnie Griggs requested favorable consideration of the application. Planning & Zoning Commission expressed concerns that the old utility plant would not be demolished after the opening of the new facility and that the old maintenance tunnel would not be closed. Ms. Griggs stated the old utility facility would not be demolished until the space was needed and the old maintenance tunnel would remain open and be maintained. Council Member Spencer questioned the purpose of the two-story addition. Ms. Griggs stated the expansion was for patient floors. Ms. Spencer also commented that additional parking spaces needed to be provided to meet visitor needs. The hospital is anticipating the addition of 180 new parking spaces in the near future. Mayor Pro Tern Ware invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner St. John, seconded by Commissioner Undersander, offered a motion to close the public hearing. The motion prevailed by the following vote: 414.y Ayes: Oliver, Coy, Murray, Wilson, Undersander, St. John & Lowery Nays: None Absent: Fry 3 07/17/07 Council Member Lease, seconded by Council Member Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: Ware, Spencer, Wilbanks, Stewart & Lease Nays: None Abstain: Tate Absent: Freed Note: Mayor Pro Tern Ware returned the meeting to Mayor Tate ITEM 5. PUBLIC HEARING, HISTORIC LANDMARK SUBDISTRICT HL07-01, WANDA HOWARD Mayor Tate declared the public hearing open. Planner Albert Triplett reported Historic Landmark Subdistrict Application HL07-01 had been filed by Wanda Howard requesting designation as a historical landmark subdistrict on property located at 614 East Estill Street known as the Johnson-Martin House. The property is zoned "R-7.5" Single Family District Regulations. Mr. Skip Blake representing the applicant requested favorable consideration of the application. bow There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there were two letters of support and one no opinion letter copied to the Council and Commission. Commissioner St. John, 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 Mayor Pro Tem Ware, 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 & Lease Nays: None Absent: Freed impow ITEM 6. PUBLIC HEARING, HISTORIC LANDMARK SUBDISTRICT HL07-02, CITY OF GRAPEVINE • 4 07/17/07 Mayor Tate declared the public hearing open. Planner Albert Triplett reported Historic Landmark Subdistrict Application HL07-02 had been filed by the City of Grapevine requesting designation as a historical landmark subdistrict on property located at 626 South Church Street known as the Miles-Chambers House. The property is zoned "R-7.5" Single Family District Regulations. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was one letter of protest copied to the Council and Commission. 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 Wilbanks, 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 & Lease Nays: None Absent: Freed ITEM 7. PUBLIC HEARING, AMEND GRAPEVINE CODE OF ORDINANCES, APPENDIX D, THE COMPREHENSIVE ZONING ORDINANCE NO. 82-73, AS AMENDED, SECTION 52 TREE PRESERVATION Mayor Tate declared the public hearing open. Planner Albert Triplett reviewed the proposed amendments to the Grapevine Code of Ordinances, Appendix D, the Comprehensive Zoning Ordinance No. 82-73, as amended, Section 52 Tree Preservation relative to tree pruning restrictions. Concern of the Planning & Zoning Commission was such a large change from 10 feet to 14 feet pruning. Discussion ensued. City Manager Bruno Rumbelow stated that tree pruning was a safety issue and not a zoning issue even though it is contained in the City's zoning ordinance. Mayor Tate invited guests present to comment regarding the proposed application. No one wished to speak and the council had been copied the letter of protest. Commissioner Coy, seconded by Commissioner St. John, offered a motion to table the 5 07/17/07 public hearing until a joint workshop could be held. The motion prevailed by the following 0.06 vote: Ayes: Oliver, Coy, Murray, Wilson, Undersander & St. John Nays: None Absent: Fry Council Member Spencer, seconded by Council Member Wilbanks, offered a motion to table the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Lease Nays: None Absent: Freed 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 8. RESOLUTION AUTHORIZING MOVE-IN BUILDING APPLICATION 0110 M I B07-02 Mayor Tate declared the public hearing open. Development Services Director Williams reported that Move-In Building Application MIB07-02 had been filed by the City of Grapevine requesting to relocate the former Donald Academy's two room school house operated from 1877 to 1942 in Flower Mound to 627 South Church Street. The structure will be restored and be a contributing component of a complex of single topic museums located on South Church Street. Mayor Tate invited guests present to comment regarding the proposed application. No one wished to speak and the Council had been copied the one letter of protest. Council Member Spencer, seconded by Council Member Lease, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Lease Nays: None Absent: Freed Development Services Director Williams requested approval of a resolution authorizing the .•e move-in building permit. 6 07/17/07 Council Member Spencer, seconded by Council Member Stewart, offered a motion to adopt the resolution authorizing the move-in building permit. The motion prevailed by the following vote: vow Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Lease Nays: None Absent: Freed RESOLUTION NO. 2007-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS PROVIDING FOR THE ISSUANCE OF A PERMIT AUTHORIZING THE RELOCATION OF A BUILDING; PROVIDING FOR A NON-TRANSFERABLE PERMIT; PROVIDING A SITE PLAN AND PROVIDING AN EFFECTIVE DATE ITEM 9. ZONING APPLICATION Z07-05, CHUCK LARSON Planning & Development Manager Ron Stombaugh reported Zoning Application Z07-05 had been filed by Chuck Larson and was tabled by the City Council at their May 15, 2007 meeting, pending a land use study for the North Main Street area. The applicant has requested the item be tabled until the October 16, 2007 meeting in order to garner support from surrounding property owners. After a special workshop session of the Planning & Zoning Commission on June 19, 2007, Mr. Stombaugh reported the Commission determined that there was no compelling reason to allow commercial development north of Banyon Street on the west side of North Main Street regardless of zoning. The Council had concerns over spot zoning and the loss of property that represents the feel of old town. Mayor Pro Tem Ware, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation and deny the zoning application. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Lease Nays: None Absent: Freed ITEM 10. ORDINANCE, AMEND CHAPTER 7 BUILDINGS AND CONSTRUCTION, ADOPTING BUILDING, RESIDENTIAL, MECHANICAL, PLUMBING, FUEL GAS AND ELECTRICAL CODES Development Services Director Scott Williams stated the City was currently operating under the 2003 codes and presented an overview of proposed amendments to the Grapevine 7 07/17/07 Code of Ordinances, Chapter 7 Buildings and Construction relative to adoption of the 2006 „ International Building Code, the 2006 International Residential Code, the 2006 International Mechanical Code, the 2006 International Plumbing Code, the 2006 International Fuel Gas Code, and the 2005 National Electrical Code. Most changes were due to renumbering, with the only major revision was requiring sprinkler systems for commercial properties over 6,000 square feet instead of 12,000 square feet. Motion by Council Member Wilbanks, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Lease Nays: None Absent: Freed ORDINANCE NO. 2007-36 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING CHAPTER 7 OF THE GRAPEVINE CODE OF ORDINANCES, BUILDINGS AND CONSTRUCTION, RELATING TO THE ADOPTION OF THE 2006 INTERNATIONAL BUILDING CODE AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, ADOPTION OF THE 2005 NATIONAL ELECTRICAL CODE AS PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION, '"'"'' ADOPTION OF THE 2006 INTERNATIONAL RESIDENTIAL CODE AS PUBLISHED BY THE INTERNATIONAL CODE '"w COUNCIL, ADOPTION OF THE 2006 INTERNATIONAL MECHANICAL CODE AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, ADOPTION OF THE 2006 INTERNATIONAL PLUMBING CODE AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, ADOPTION OF THE 2006 INTERNATIONAL FUEL GAS CODE AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, PROVIDING AMENDMENTS TO SAME, REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY, NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH SEPARATE OFFENSE 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 11. ORDINANCE, AMEND CHAPTER 11 FIRE CODE opos Fire Marshal Mike Keefer stated the City was currently operating under the 1991 code and reviewed the proposed amendments to the Grapevine Code of Ordinances, Chapter 11 Fire 8 07/17/07 Code relative to the adoption of the 2006 International Fire Code. Mr. Keefer stated the revisions were due to clerical and renumbering changes, along with prohibiting use of grills on apartment patios and requiring commercial properties with 6,000 square feet of space be equipped with a sprinkler system. 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 & Lease Nays: None Absent: Freed ORDINANCE NO. 2007-37 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES, CHAPTER 11 FIRE PROTECTION AND PREVENTION, RELATING TO THE ADOPTION OF THE 2006 INTERNATIONAL FIRE CODE AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, PROVIDING AMENDMENTS TO SAME, REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH SEPARATE OFFENSE 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 12. RESOLUTION, SUSPEND 2006 GRIP RATE INCREASE REQUEST BY ATMOS ENERGY Assistant City Manager Jennifer Hibbs recommended approval of a resolution suspending the requested 2006 GRIP rate increase requested by Atmos Energy. The Company is requesting to implement a monthly surcharge of$0.59 on all residential customers, $1.47 for commercial customers, and $28.74 for industrial customers to recover investments in infrastructure in 2006. Staff is recommending suspending the rate request to the maximum extent permitted by law. This will allow the cities time to evaluate the filing, determine whether the filing complies with law, and if lawful, to determine whether the surcharge is reasonable. Council Member Spencer requested the consultant outline specifics of the request when the report is available to the City. Motion by Council Member Wilbanks, seconded by Mayor Pro Tern Ware, to adopt the resolution suspending the 2006 GRIP rate increase request. Prevailed by the following vote: 9 07/17/07 Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Lease „e, Nays: None Absent: Freed RESOLUTION NO. 2007-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS SUSPENDING THE JULY 30, 2007 EFFECTIVE DATE OF THE PROPOSAL BY ATMOS ENERGY CORP., MID-TEX DIVISION TO IMPLEMENT INTERIM GRIP RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2006; AUTHORIZING PARTICIPATION WITH THE ATMOS CITIES STEERING COMMITTEE ("ACSC") IN A REVIEW AND INQUIRY INTO THE SUFFICIENCY OF THE FILING AND THE BASIS OF THE PROPOSED RATE ADJUSTMENTS; AUTHORIZING INTERVENTION IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING THE PROPOSED GRIP RATE ADJUSTMENTS; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT RATEMAKING COSTS; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL; 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 13. Resolution, Award Contracts, Purchase of Vehicles Public Works Director recommended approval of a resolution awarding contracts to Sam Pack's Five Star Ford and Baby Jack Automotive Group/Caldwell County Chevrolet for purchase of various vehicles in the total amount of$144,777.00. Motion by Mayor Pro Tern Ware, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Lease Nays: None Absent: Freed 10 07/17/07 RESOLUTION NO. 2007-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF yaw GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNATE TO PURCHASE FLEET VEHICLES THROUGH ESTABLISHED INTERLOCAL AGREEMENTS AND PROVIDING AN EFFECTIVE DATE Item 14. Tree Maintenance Services Annual Contract Parks & Recreation Director recommended approval of a Tree Maintenance Services Annual Contract with Preservation Tree Services as primary contractor and to Northwest Services dba Horton Tree Service as secondary contractor. Motion by Mayor Pro Tern Ware, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Lease Nays: None Absent: Freed Item 15. Aggregate Materials Annual Contract Public Works Director recommended approval of an Aggregate Materials Annual Contract to TXI, Inc.; Hanson Aggregates and Top Way Property. Motion by Mayor Pro Tern Ware, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Lease Nays: None Absent: Freed Item 16. Consideration of Minutes City Secretary recommended approval of the minutes of the July 3, 2007 City Council meetings as published. Motion by Mayor Pro Tern Ware, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Lease Nays: None Absent: Freed ITEM 17. PLANNING & ZONING COMMISSION RECOMMENDATION 11 07/17/07 ZONING APPLICATION Z07-09 LEGACY TEXAS BANK „NO Chairman Larry Oliver reported the Planning & Zoning Commission voted 6-1 for approval of Zoning Application Z07-09 filed by Legacy Texas Bank granting rezoning of 0.918 acres from "LI" Light Industrial District to "CC" Community Commercial District Regulations. The subject property is located at 750 West Dallas Road. Mayor Pro Tern Ware, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the ordinance granting the zoning application. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Lease Nays: None Absent: Freed ORDINANCE NO. 2007-38 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 Z07-09 ON A TRACT OF LAND OUT OF THE AMBROSE FOSTER SURVEY, ABSTRACT NO. 518, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY l"'° AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "LI" LIGHT INDUSTRIAL DISTRICT TO "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 18. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU07-17 LEGACY TEXAS BANK .M. Chairman Oliver reported the Planning & Zoning Commission voted 6-1 for approval of tostOtt 12 07/17/07 Conditional Use Application CU07-17 filed by Legacy Texas Bank granting a conditional use permit to amend the site plan approved by Ordinance No. 96-75 for a drive through banking facility. The property is located at 750 West Dallas Road. Council Member Stewart, seconded by Mayor Pro Tem Ware, 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 Absent: Freed ORDINANCE NO. 2007-39 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 CU07-17 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 96-75, FOR A BANK WITH DRIVE-THROUGH SERVICE IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF 00 `0 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 19. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU07-15 BAYLOR REGIONAL MEDICAL CENTER Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU07-15 filed by Baylor Regional Medical Center granting a conditional use permit to amend the site plan approved by Ordinance No. 2001-48 for an addition to the south tower and a new central utility plant. The property is located at 1650 13 07/17/07 West College Street. mow Council Member Stewart, 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: Ware, Spencer, Wilbanks, Stewart & Lease Nays: None Abstain: Tate Absent: Freed ORDINANCE NO. 2007-40 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 CU07-15 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2001-48 FOR AN ADDITION TO THE SOUTH TOWER AND DEVELOPMENT OF A CENTRAL UTILITY PLANT IN A DISTRICT ZONED "PCD" PLANNED COMMERCE DEVELOPMENT DISTRICT AND "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 20. PLANNING & ZONING COMMISSION RECOMMENDATION HISTORIC LANDMARK SUBDISTRICT HL07-01 WANDA HOWARD Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Historic Landmark Subdistrict HL07-01 filed by Wanda Howard granting historic landmark subdistrict overlay for property located at 614 East Estill Street known as the Johnson- 14 07/17/07 Martin House. The property is zoned "R-7.5" Single-Family District Regulations. Council Member Wilbanks, seconded by Mayor Pro Tern Ware, 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, Stewart & Lease Nays: None Absent: Freed ORDINANCE NO. 2007-41 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DESIGNATING A HISTORIC LANDMARK SUBDISTICT HL07-01 IN ACCORDANCE WITH SECTION 39 OF ORDINANCE NO. 82-73 (APPENDIX "D" OF THE CODE OF ORDINANCES), DESIGNATING THE AREA LEGALLY DESCRIBED AS LOT 3, BLOCK 103, COLLEGE HEIGHTS 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 ITEM 21. PLANNING & ZONING COMMISSION RECOMMENDATION HISTORIC LANDMARK SUBDISTRICT HL07-02 CITY OF GRAPEVINE Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Historic Landmark Subdistrict HL07-02 filed by the City of Grapevine granting historic landmark subdistrict overlay for property located at 626 South Church Street known as the Miles-Chambers House. The property is zoned "R-7.5" Single-Family District Regulations. Council Member Spencer, seconded by Council Member Stewart, 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: 15 07/17/07 pep Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Lease Nays: None 0 tSilf Absent: Freed ORDINANCE NO. 2007-42 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DESIGNATING A HISTORIC LANDMARK SUBDISTICT HL07-02 IN ACCORDANCE WITH SECTION 39 OF ORDINANCE NO. 82-73 (APPENDIX "D" OF THE CODE OF ORDINANCES), DESIGNATING THE AREA LEGALLY DESCRIBED AS LOTS 2A AND 2B, BLOCK 24, CITY OF GRAPEVINE 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, eat" 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 22. PLANNING & ZONING COMMISSION RECOMMENDATION AMENDMENTS GRAPEVINE CODE OF ORDINANCES, APPENDIX D, THE COMPREHENSIVE ZONING ORDINANCE NO. 82-73, AS AMENDED, SECTION 52 Chairman Oliver reported the Planning & Zoning Commission voted 7-0 to table consideration of the amendments to the Grapevine Code of Ordinances, Appendix D, the Comprehensive Zoning Ordinance No. 82-73, as amended, Section 52 Tree Preservation relative to tree pruning restrictions. Council Member Stewart, seconded by Mayor Pro Tern Ware, offered a motion to accept the Commission's recommendation and table consideration of amending Section 52 of the Grapevine Code of Ordinances. The motion prevailed by the following vote: opma 16 07/17/07 Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Lease Nays: None ,, Absent: Freed ADJOURNMENT Council Member Wilbanks, seconded by Stewart, offered a motion to adjourn the meeting at 9:05 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Lease Nays: None Absent: Freed PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 7th day of August, 2007. APPROVED: 919., " William D. Tate Mayor ATTEST: 4fie_ezed Linda Huff City Secretary 17