Loading...
HomeMy WebLinkAbout2006-08-15 Joint Meeting AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING WORKSHOP two TUESDAY, AUGUST 15, 2006 AT 6:45 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET Leadership Grapevine Reception — Grapevine Chamber of Commerce 5:30 — 6:30 p.m. CALL TO ORDER 1. Discuss proposed park benches and trash receptacles for Main Street. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at (817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Special City Council Meeting Workshop Agenda was prepared and posted on this the 11th day of August, 2006 at 5:00 p.m. 411/ft. Lin.a Huff a City Secretary 4, STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 15th day of August, 2006 at 6:45 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to-wit: William D. Tate Mayor Ted R. Ware Mayor Pro Tern Sharron Spencer Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with Council Member C. Shane Wilbanks absent, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager John F. Boyle, Jr. City Attorney Kristy Orr Assistant City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 6:57 p.m. ITEM 1. DISCUSS PROPOSED PARK BENCHES AND TRASH RECEPTACLES Park Superintendent Kevin Mitchell had a sample of the recommended benches and trash receptacles with the Grapevine logo that would be placed along Main Street. He stated there would be approximately 70-80 benches on Main Street with approximately 45 trash receptacles on Main Street. There was no formal action taken by the City Council. ADJOURNMENT Council Member Stewart, seconded by Council Member Freed, offered a motion to adjourn the workshop at 7:08 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks 08/15/06 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 5th day of September, 2006. APPROVED: William D. Tate Mayor ATTEST: Cektt-; Linda Huff ;711-(0 City Secretary twoois 2 AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING tow TUESDAY, AUGUST 15, 2006 AT 7:00 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER EXECUTIVE SESSION 1. City Council to conduct a closed session relative to: A. Conference with City Manager and Staff to discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate and expand in the City; with which businesses the City is conducting economic development negotiations pursuant to Section 551.087, Texas Government Code. City Council to reconvene in open session and take any necessary action relative to conference with employees under Section 551.087, Texas Government Code. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at (817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Special City Council Meeting Agenda was prepared and posted on this the 11th day of August, 2006 at 5:00 p.m. Linda Huff City Secretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Special Session (Executive Session) on this the 15th day of August, 2006 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 Tern Sharron Spencer Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with Council Member C. Shane absent, with the following members of the City Staff; Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager John F. Boyle, Jr. City Attorney Kristy Orr Assistant City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:10 p.m. ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding: (A) Conference with City Manager and Staff to discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate and expand in the City; with which businesses the City is conducting economic development negotiations pursuant to Section 551.087, Texas Government Code. Upon reconvening in open session in the Council Chambers, Mayor Tate asked if there was any action necessary relative to the closed session. City Manager Bruno Rumbelow stated there was no action necessary relative to conference with City Manager pursuant to Section 551.087, Texas Government Code. Note: City Council continued with the Regular City Council meeting in open session in the Council Chambers. 08/15/06 ADJOURNMENT Council Member Stewart, seconded by Council Member Johnson, offered a motion to adjourn the meeting at 9:22 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 5th day of September, 2006. APPROVED: William D. Tate Mayor ATTEST: woom Linda Huff City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL PLANNING & ZONING COMMISSION MEETING TUESDAY, AUGUST 15, 2006 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER INVOCATION: Commissioner Chris Coy JOINT PUBLIC HEARINGS 1. City Council and Planning & Zoning Commission to conduct a public hearing relative to Zoning Application Z06-10 filed by B & G Properties requesting rezoning of approximately 4.124 acres located at 2399 Lonesome Dove from "R-20" Single Family District Regulations to "R-12.5" Single Family District Regulations. 2. City Council and Planning & Zoning Commission to conduct a public hearing relative to Zoning Application Z06-11 filed by TLC Realty requesting rezoning of approximately 1.2 acres located at 427 North Scribner Street from "R-MF-1" 4.0 Multifamily District Regulations to "R-MF-2" Multifamily District Regulations. 3. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU06-29 filed by Ethicus Hospital of Grapevine requesting a conditional use permit to amend the site plan approved by Ordinance No. 2004-14 for a personal care facility located at 4201 William D. Tate Avenue. The subject property is zoned "CC" Community Commercial District Regulations. 4. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU06-31 and the final plat of Lots 1-4, Block 2R Westgate Plaza being a partial replat of Block 2, Westgate Plaza. The applications were filed by Eye Consultants of Texas requesting a conditional use permit to amend the site plan approved by Ordinance No. 2003-30 for the development of a medical office/ambulatory surgical center. The subject property is located at 2400 West State Highway 114 and is zoned "CC" Community Commercial District Regulations. 5. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU06-32 filed by Ferrari's requesting a conditional use permit to amend the site plan approved by Ordinance No. 2000-87 to revise the elevations, floor plan and the monument sign in conjunction with an existing l„r„ restaurant with the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) on property located at 1200 William D. Tate Avenue. The subject property is zoned "CC" Community Commercial District Regulations. 6. City Council and Planning & Zoning Commission to conduct a public hearing relative to Special Use Application SU06-06 filed by T-Mobile requesting a special use permit for cellular antennas and an equipment cabinet in conjunction with a City water tower located at 501 Shady Brook Drive. The property is zoned "GU" Governmental Use 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. 'o' In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Regular Joint City Council and Planning & Zoning Commission Meeting Agenda was prepared and posted on this the 11th day of August, 2006 at 5:00 p.m. Lind uff City Secretary opm AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING wow TUESDAY, AUGUST 15, 2006 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CITIZEN COMMENTS PUBLIC HEARING 7. City Council to conduct a public hearing relative to the City of Grapevine Crime Control and Prevention District's Budget and Financial Plan and take any necessary action. NEW BUSINESS 8. Consider a resolution approving the City of Grapevine Crime Control and Prevention District's Budget and Financial Plan and take any necessary action. 9. Consider an ordinance calling a 4BSales and Use Tax Election to be held on November 7, 2006 and take any necessary action. "'""' 10. Consider a resolution accepting the certified tax roll and take any necessary action 11. Consider a resolution supporting restoration of reductions made to the Texas Recreation and Parks account by previous Legislatures and take any necessary action. 12. Consider modifications to the Facility Reservation Policy and take any necessary action. 13. Consider an interlocal agreement with the Grapevine-Colleyville Independent School District relative to providing funding for temporary busing of students in the Glade Road area during the construction project and take any necessary action. 14. Consider a resolution authorizing a Tower/Ground Lease Agreement with T-Mobile for the co-location of antennae and installation of communications equipment at Peach Street Water Tower and take any necessary action. 15. Consider an engineering services contract with Freese and Nichols, Inc. for the 2006 Water Booster Pump Station and Ground Storage Project and take any necessary action. 16. Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 25 Utilities and Services, Section 25-20 and Section 25-27 relative to facilities utilizing cooling towers and take any necessary action. 17. Consider a resolution accepting the dedication of a 9/11 Memorial at the corner of Texan Trail and State Highway 26 and take any necessary action. 18. Consider award of Bid 265-2006 for improvements to the Katie's Woods Boat Ramp 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. 19. Consider an Adopt-A-Road Agreement with the Northeast Neighborhood Association for Katie's Woods Drive. Parks & Recreation Advisory Board and Parks & Recreation Director recommend approval. 20. Consider award of an annual contract for the janitorial supplies to Empire Paper Company. Administrative Services Director recommends approval. 21. Consider renewal of an annual contract for Janitorial Services at Various Parks & Recreation Facilities to Mary Lou Gilmore. Parks & Recreation Director recommends approval. 22. Consider award of Bid 267-2006 Purchase and Installation of Bulk Storage Tank at the Water Treatment Plant to Progressive Pump Corporation. Public Works Director recommends approval. 23. Consider renewal of an annual contract for Traffic Conduit Installation Services to Multiple Cable Systems. Public Works Director recommends approval. 24. Consider renewal of an annual contract for installation of vehicle detection loops to Durable Specialties, Inc. Public Works Director recommends approval. 25. Consider a resolution authorizing the Mayor to execute an Interlocal Purchasing Cooperative Agreement with the City of Southlake, Texas. Administrative Services Director recommends approval. 26. Consider the minutes of the July 18, 2006 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 27. Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z06-10 (B & G Properties) and a subsequent ordinance, if applicable. 28. Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z06-11 (TLC Realty) and first reading of a subsequent ordinance, if applicable. 29. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU06-29 (Ethicus Hospital of Grapevine) and a subsequent ordinance, if applicable. 30. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU06-31 (Eye Consultants of Texas) and a subsequent ordinance, if applicable. 31. Consider the final plat of Lots 1-4, Block 2R, Westgate Plaza and take any necessary action. 32. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU06-32 (Ferrari's) and a subsequent ordinance, if applicable. 33. Consider the recommendation of the Planning & Zoning Commission relative to Special Use Application SU06-06 (T-Mobile) and a subsequent ordinance, if applicable. 34. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lot 1, Block 1, G & L Addition and take any necessary action. 35. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lots 1 and 2, Block 1, Bannister Addition and take any necessary action. taw ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at (817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Regular City Council Meeting Agenda was prepared and posted on this the 11th day of August, 2006 at 5:00 p.m. . ,PAL_ .� Linea Huff I/ City Secreta whim err AGENDA CITY OF GRAPEVINE SPECIAL BRIEFING SESSION PLANNING & ZONING COMMISSION TUESDAY, AUGUST 15, 2006 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 August 15, 2006 public hearing. ADJOURNMENT If you plan to attend this briefing session and you have a disability that requires special arrangements at the meeting, please contact the office of Development Services at (817) 410-3154 at least 24 hours in advance. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et. seq. Acts of the 1993 Texas Legislature, the Planning and Zoning Commission Briefing Session Agenda was prepared and posted on this the 11th day of August, 2006 at 5:00 p.m. Lind Huff City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, AUGUST 15, 2006 AT 7:30 P.M. PLANNING & ZONING COMMISSION CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET NEW BUSINESS 1. Election of Officers and take any necessary action. 2. Consider Zoning Application Z06-10 (B & G Properties) and make a recommendation to the City Council 3. Consider Zoning Application Z06-11 (TLC Realty) and make a recommendation to the City Council. 4. Consider Conditional Use Application CU06-29 (Ethicus Hospital of Grapevine) and make a recommendation to the City Council. 5. Consider Conditional Use Application CU06-31 (Eye Consultants of Texas) and make a recommendation to the City Council. t.; 6. Consider the final plat of Lots 1-4, Block 2R, Westgate Plaza and make a recommendation to the City Council. 7. Consider Conditional Use Application CU06-32 (Ferrari's) and make a recommendation to the City Council. 8. Consider Special Use Application SU06-06 (T-Mobile) and make a recommendation to the City Council 9. Consider the final plat of Lot 1, Block 1, G & L Addition and make a recommendation to the City Council. 10. Consider the final plat of Lots 1 and 2, Block 1, Bannister Addition and make a recommendation to the City Council. CONSIDERATION OF MINUTES 11. Consider the minutes of the July 19 and July 25, 2006 Planning & Zoning Commission meetings and take any necessary action. kvo ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at (817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Regular Planning & Zoning Commission Meeting Agenda was prepared and posted on this the 11th day of August, 2006 at 5:00 p.m. Lind Huff r City Secretary �� STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council and the Planning & Zoning Commission of the City of Grapevine, Texas met in Regular Joint Session on this the 15th day of August, 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 Tem Sharron Spencer Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with Council Member C. Shane Wilbanks absent, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Herbert Fry Vice Chairman Chris Coy Member Betty "BJ" Wilson Member Rob Undersander Member Becky St. John Member Mark Lowery Alternate Andrea Roy Alternate constituting a quorum, with Commissioner Danette Murray absent, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager John F. Boyle, Jr. City Attorney Kristy Orr Assistant City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:46 p.m. INVOCATION Commissioner Coy delivered the Invocation. ITEM 1. PUBLIC HEARING, ZONING APPLICATION Z06-10 B & G PROPERTIES 08/15/06 Mayor Tate declared the public hearing open. Planner Ron Stombaugh reported that Zoning Application Z06-10 had been filed by B & G Properties requesting rezoning of approximately 4.124 acres located at 2399 Lonesome Dove from "R-20" Single Family District Regulations to "R-12.5" Single Family District Regulations. The applicant proposes 10 residential lots with a minimum lot size of 13,105 square feet with a density of 2.42 units per acre. Mr. Stombaugh stated the item was denied at the June 20, 2006 meeting for the applicant to change the zoning to "R-7.5" Single Family District with the Council granting a waiver of application fees and the applicant returning with a new zoning application for "R-12.5" Single Family District Regulations. Mr. Cody Martin and Mr. Dino Idoski requested favorable consideration of the application Council questioned the length and layout of the lots on the cul-de-sac. Mayor Tate invited guests present to comment regarding the application. The following spoke in opposition to the rezoning: Mr. David Montgomery, 3337 Van Zandt Court Mr. Neil Crowder, 3333 Van Zandt Court Mr. Scott Everett, 3330 Van Zandt Court _ Mr. Eric Miscoll, 3321 Van Zandt Court They expressed opposition to loss of privacy, noise, illumination from cars turning around in the cul-de-sac, flood lights, decrease in property values, drainage concerns, increased traffic and the loss of 75 oak trees. There were seven letters of protest copied to the Council and Commission. During the discussion of the case, Mr. Idoski requested to table the application to September 19, 2006 to reconsider the cul-de-sac layout. Commissioner Coy, seconded by Commissioner Undersander, offered a motion to table the public hearing to the September 19, 2006 meeting. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Wilson, Undersander, St. John & Lowery Nays: None Absent: Murray Council Member Freed, seconded by Council Member Spencer, offered a motion to table the public hearing to the September 19, 2006 meeting. The motion prevailed by the „o, following vote: 2 08/15/06 Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ITEM 2. PUBLIC HEARING, ZONING APPLICATION Z06-11 TLC REALTY Mayor Tate declared the public hearing open. Planner Stombaugh reported that Zoning Application Z06-11 had been filed by TLC Realty requesting rezoning of approximately 1.2 acres located at 427 North Scribner Street from "R-MF-1" Multifamily District Regulations to "R-MF-2" Multifamily District Regulations. The applicant proposes to develop a 24-unit multifamily complex on the subject tract and an adjoining tract to the west that will have an overall density of 13.64 units per acre. The total acreage for the subject site and the adjoining tract to the west is 1.759 acres. If approved, this will be the first reading of an ordinance given the subject site requires variances relative to lot size, and lot width before the Board of Zoning Adjustment. Mr. Tim Lancaster requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak. The Council and Commission were copied the sixteen letters of protest. Commissioner Fry, seconded by Commissioner St. John, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Wilson, Undersander, St. John & Lowery Nays: None Absent: Murray Council Member Stewart, seconded by Council Member Johnson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ITEM 3. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU06-29 ETHICUS HOSPITAL OF GRAPEVINE Mayor Tate declared the public hearing open. Planner Ron Stombaugh reported that Conditional Use Application CU06-29 had been filed by Ethicus Hospital of Grapevine requesting a conditional use permit to amend the site plan approved by Ordinance No. 2004-14 for a personal care facility located at 4201 3 08/15/06 William D. Tate Avenue. The subject property is zoned "CC" Community Commercial District Regulations. The applicant has redesigned the site for an approved one-story building to a two-story design with increased square footage. It will remain a 60-bed facility with all being private rooms rather than the mixture of private and semi-private rooms. There has also been more off-street parking added to the site. Mr. Nels Nelson 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. There was one letter of support copied to the Council and Commission. Commissioner Coy, seconded by Commissioner Lowery, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Wilson, Undersander, St. John & Lowery Nays: None Absent: Murray 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, Johnson, Stewart & Freed Nays: None Wilbanks ITEM 4. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU06-31 FINAL PLAT LOTS 1-4, BLOCK 2R, WESTGATE PLAZA, PARTIAL REPLAT, BLOCK 2, WESTGATE PLAZA Mayor Tate declared the public hearing open. Planner Stombaugh reported that Conditional Use Application CU06-31 and the final plat of Lots 1-4, Block 2R Westgate Plaza being a partial replat of Block 2, Westgate Plaza were filed by Eye Consultants of Texas. The conditional use permit requests to amend the site plan approved by Ordinance No. 2003-30 for the development of a medical office/ambulatory surgical center. The subject property is located at 2400 West State Highway 114 and is zoned "CC" Community Commercial District Regulations. The applicant proposes a 17,224 square foot, singe-story medical office building that will be used for general ophthalmology and lasik surgical procedures. Mr. Brian Dench requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. 4 08/15/06 Mayor Tate invited guests present to comment regarding the application. Ms. Amy Goodwin, 2153 Pritchard Drive, stated that the stone fence on the east side of the subject property had not been completed as proposed in an existing development and she requested that the fence be completed, if the application were approved. The Council and Commission was copied the one letter of support and one letter of concern. Commissioner Fry, seconded by Commissioner St. John, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Wilson, Undersander, St. John & Lowery Nays: None Absent: Murray Council Member Johnson, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ITEM 5. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU06-32 FERRARI'S Mayor Tate declared the public hearing open. Planner Stombaugh reported that Conditional Use Application CU06-32 had been filed by Ferrari's requesting a conditional use permit to amend the site plan approved by Ordinance No. 2000-87 to revise the elevations, floor plan and the monument sign in conjunction with an existing restaurant with the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) on property located at 1200 William D. Tate Avenue. The subject property is zoned "CC" Community Commercial District Regulations. The applicant proposes to utilize an existing 10,564 square foot restaurant with seating for 393 patrons. Mr. Steve Campbell was available for questions regarding 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 Undersander, seconded by Commissioner St. John, offered a motion to close the public hearing. The motion prevailed by the following vote: 5 08/15/06 Ayes: Oliver, Coy, Fry, Wilson, Undersander, St. John & Lowery Nays: None Absent: Murray Council Member Stewart, seconded by Council Member Johnson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ITEM 6. PUBLIC HEARING, SPECIAL USE APPLICATION SU06-06 T-MOBILE Mayor Tate declared the public hearing open. Planner Stombaugh reported that Special Use Application SU06-06 had been filed by T-Mobile requesting a special use permit for cellular antennas and a 15-foot by 25-foot equipment cabinet in conjunction with a City water tower located at 501 Shady Brook Drive. The property is zoned "GU" Governmental Use District. The equipment cabinet will be at the southwest corner of the lot/tower that is adjacent to a screening wall. The City Council was assured there would not be any access to the City's Municipal Service Center property from the equipment cabinet area. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Fry, seconded by Commissioner Lowery, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Wilson, Undersander, St. John & Lowery Nays: None Absent: Murray 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, Stewart & Freed Nays: None Abstain: Johnson Absent: Wilbanks RECESS AND RECONVENE Mayor Tate announced the Planning & Zoning Commission would recess to the Planning & Zoning Conference Room to consider published business. 6 08/15/06 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 with the exception of Council Member Wilbanks. ITEM 6A. CITIZENS COMMENTS, MR. MIKE RICHMOND Mr. Mike Richmond, 1040 Pheasant Ridge, expressed his support of the proposed 4B sales tax election and expressed his appreciation to the Council for working to provide families with safe, clean places to take their children. ITEM 7. PUBLIC HEARING, CITY OF GRAPEVINE CRIME CONTROL AND PREVENTION DISTRICT'S BUDGET AND FINANCIAL PLAN Mayor Tate declared the public hearing open. City Manager Bruno Rumbelow reviewed the proposal for the Crime Control District Plan and Budget Plan. Mr. Rumbelow stated that approximately 1/4% of the sales tax would be dedicated to the general fund with no less than half of the fund to quality of life projects. He noted that Uniform Operations, Technical Services and Criminal Investigations would be funded by the Crime Control District with Administration and Animal Control Divisions remaining in the General Fund. City Manager Rumbelow presented the two-year Crime Control and Prevention District tbAn°aro Plan and Budget. The two-year Financial Plan contains several increased service level enhancement projects: Crimes Against Children/Internet Predator Unit is proposed as an educational program at a cost of $19,000.00; Neighborhood Police Officer Program is proposed at a cost of$157,467.00; Administration Video System at a cost of $4,000.00; Automatic Vehicle Locator System at a cost of $100,000.00; Mobile Video System for Motorcycles at a cost of $70,000.00; Krimesite Imager System at a cost of $20,000.00; Upgrade of AVID System at a cost of$40,000.00; and enclosing the server rooms outside of dispatch at a cost of$15,000.00. The Crime Control and Prevention District will have the same boundaries as the City of Grapevine with sales tax collected from all businesses located within the City. A Crime Control Plan and a Two-Year Financial Plan will be created and approved by the Board. The Crime Control Plan will outline prevention strategies for the district and include a method for evaluating the effectiveness of the strategies. The Two-Year Financial Plan will include a budget for each strategy, revenue projections, and project-ending balances. Mayor Tate invited guests present to comment regarding the proposed Crime Control and Prevention District's Budget and Financial Plan. No one wished to speak and there was no correspondence to report. Motion by Council Member Johnson, seconded by Council Member Stewart, to close the public hearing prevailed by the following vote: 7 08/15/06 SON Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ITEM 8. RESOLUTION, APPROVE CITY OF GRAPEVINE CRIME CONTROL AND PREVENTION DISTRICT'S BUDGET AND FINANCIAL PLAN City Manager Rumbelow requested approval of a resolution approving the City of Grapevine Crime Control and Prevention District's Budget and Financial Plan for 2006- 2008. He noted that Year 1 projected revenue was $9,744,000 and that Year 2 projected revenue was $10,036,320. He stated that at an earlier meeting the Temporary Crime Control and Prevention Board had adopted a resolution approving the proposed two-year budget and financial plan. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks RESOLUTION NO. 2006-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, APPROVING A TWO-YEAR CRIME CONTROL PLAN AND BUDGET PLAN FOR THE CITY OF GRAPEVINE CRIME CONTROL AND PREVENTION DISTRICT AND PROVIDING AN EFFECTIVE DATE ITEM 9. ORDINANCE, CALLING 4B SALES AND USE TAX ELECTION City Manager Rumbelow requested approval of an ordinance calling a 4B Sales and Use Tax Election to be held on November 7, 2006. He stated that funds collected under this special purpose tax could be used for a variety of economic development projects — including mass transit, quality of life projects and other projects to promote economic development and benefit employment in the area. He noted that 3/8 of the 1/2 cent under 4B will be committed to the Fort Worth "T" for the commuter rail project. The remaining 1/8 of one cent will be committed to other projects as selected by the 4B Board and approved by the City Council. Should the voters approve the tax, collections should start in Grapevine on April 1, 2007. Annual receipts are estimated to be in excess of$9,000,000 per year. FY2007 would have only half that amount, as the tax would start at mid-year. Motion by Council Member Spencer, seconded by Council Member Johnson, to approve the ordinance as recommended calling for the 4B Sales and Use Tax Election prevailed by the following vote: 8 08/15/06 Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks Mayor Tate stated that this was a historic moment in Grapevine for quality of life projects for all citizens. ORDINANCE NO. 2006-52 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, CALLING A SALES AND USE TAX ELECTION TO BE HELD WITHIN THE CITY ON NOVEMBER 7, 2006, TO SUBMIT A PROPOSITION ON THE QUESTION OF THE ADOPTION OF A SALES AND USE TAX UNDER THE PROVISIONS OF SECTION 4B OF THE DEVELOPMENT CORPORATION ACT OF 1979 (ART. 5190.6, V.T.C.S.); MAKING PROVISIONS FOR THE CONDUCT OF THE ELECTION AND PROVIDING FOR OTHER MATTERS RELATED THERETO; PROVIDING A CUMULATIVE CLAUSE; PROVIDING SEVERABILITY; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 10. RESOLUTION, ACCEPTING CERTIFIED TAX ROLL Administrative Services Director Bill Gaither recommended approval of a resolution accepting the certified tax roll. Ms. Colette Franklin, Tax Assessor, has submitted this information to the City and has also certified that the estimated tax collection rate for the tax year 2006 is 100%. As prescribed by law, the appraised value from the certified roll is $6,179,102,572, less $948,136,502 in exemptions, produces a net taxable value of $5,230,966,070. The new construction value included in the net taxable value amount is $95,395,593. The City Council designates Colette Franklin (RTA, CSTA) as the official person to calculate and publish the effective tax rate calculation for the City of Grapevine, Texas for tax year 2006. Motion by Mayor Pro Tern Ware, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks RESOLUTION NO. 2006-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS APPROVING THE TAX ROLL FOR 2006 ON PROPERTY WITHIN THE CITY; AND PROVIDING AN EFFECTIVE DATE 9 08/15/06 ITEM 11. RESOLUTION, SUPPPORTING RESTORATION OF FUNDS TO TEXAS IOW RECREATION AND PARKS ACCOUNT Parks & Recreation Director Doug Evans recommended approval of a resolution supporting restoration of reductions made to the Texas Recreation and Parks account by previous Legislatures. The Texas Recreation and Parks Account is a grant program for parkland acquisition and development and for the development of recreational facilities that are administered by the Texas Parks and Wildlife Department. The annual funding in the TRPA prior to the 78th Legislature was $15.5 million. The TRPA was reduced to $8.1 million annually in the 78 Legislature and to $5 million in the 79th Legislature. The resolution requests support from the Texas Municipal League, the Governor and members of the 80th Legislature to restore the funding to the TRPA to its original level prior to the 78th Legislature and to maximize the use of revenue from the sales tax gathered from sporting goods for grants for local park acquisition and development. The resolution also requests support to insure that all grants funded through the TRPA be subject to the competitive scoring system managed by the Texas Parks and Wildlife Department. Motion by Council Member Johnson, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks omo RESOLUTION NO. 2006-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE REQUESTING THE TEXAS MUNICIPAL LEAGUE, THE GOVERNOR AND MEMBERS OF THE 80TH LEGISLATIVE SESSION OF THE STATE OF TEXAS SUPPORT RESTORATION OF REDUCTIONS MADE TO THE TEXAS RECREATION AND PARKS ACCOUNT MADE BY THE 78TH AND 79TH LEGISLATURES AND TO MAXIMIZE THE USE OF REVENUE FROM THE SALES TAX GATHERED FROM SPORTING GOODS FOR GRANTS FOR LOCAL PARK ACQUISITION AND DEVELOPMENT AND PROVIDING AN EFFECTIVE DATE ITEM 12. FACILITY RESERVATION POLICY MODIFICATIONS Parks & Recreation Director Evans requested modifications to the Facility Reservation Policy. Those changes are to eliminate the language from the policy that would prohibit meetings of a political nature and to add language that is further binding for the person that makes the reservation for any damages to the facility and/or equipment. He stated that additional changes simply clarify existing policy. 10 08/15/06 Motion by Council Member Spencer, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ITEM 13. INTERLOCAL AGREEMENT, GRAPEVINE-COLLEYVILLE INDEPENDENT SCHOOL DISTRICT, TEMPORARY BUSING OF STUDENTS Deputy Director of Public Works Stan Laster recommended approval of an interlocal agreement with the Grapevine-Colleyville Independent School District to provide funding for temporary busing of students in the Glade Road area during the life of the construction project at a cost to the City of$15,488.00 and authorization for the Mayor to execute the agreement. Motion by Council Member Freed, seconded by Mayor Pro Tem Ware, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks The following item was discussed after Item 35. ITEM 14. RESOLUTION, AUTHORIZE TOWER/GROUND LEASE AGREEMENT, T-MOBILE Deputy Director of Public Works Laster recommended approval of a resolution authorizing a Tower/Ground Lease Agreement with T-Mobile for the co-location of antennae and installation of a communications equipment cabinet at Peach Street Water Tower and authorization for the City Manager to execute the agreement. The agreement represents a 25-year term and the City will receive an annual lease payment of $30,000.00 from T-Mobile. Motion by Mayor Pro Tem Ware, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Stewart & Freed Nays: None Abstain: Johnson Absent: Wilbanks ITEM 15. 2006 WATER BOOSTER PUMP STATION AND GROUND STORAGE PROJECT ENGINEERING SERVICES CONTRACT, FREESE AND NICHOLS, INC. 11 08/15/06 Public Works Director Matt Singleton recommended approval of an engineering services contract with Freese and Nichols, Inc. for the 2006 Water Booster Pump Station and Ground Storage Project in the amount of $700,000.00. Freese and Nichols, Inc. has submitted a proposal to provide engineering services for the design of a 16 million gallon per day water pump station and 2 million gallon water ground storage tank. The project will also include provisions for a future expansion of the pump station to 22 million gallons per day and an additional two million gallon ground storage tank. This project is needed to provide an additional volume of water from the Trinity River Authority (TRA) to meet projected peak water demands. TRA has committed to paying for half of the cost for the pump station and ground storage tank up to $5 million. Motion by Council Member Spencer, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ITEM 16. ORDINANCE, AMEND CHAPTER 25 UTILITIES AND SERVICES RELATIVE TO COOLING TOWERS Deputy Director of Public Works Laster recommended approval of an ordinance amending '""w the Grapevine Code of Ordinances, Chapter 25 Utilities and Services, Section 25-20 and Section 25-27 relative to facilities utilizing cooling towers for evaporative cooling and wastewater rates. Motion by Mayor Pro Tem Ware, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ORDINANCE NO. 2006-53 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES, CHAPTER 25 UTILITIES AND SERVICES BY AMENDING SECTION 25-20 AND SECTION 25-27, PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 17. RESOLUTION, ACCEPT DEDICATION OF 9/11 MEMORIAL Convention & Visitors Bureau Director P. W. McCallum recommended approval of a resolution accepting the dedication of a 9/11 Memorial at the corner of Texan Trail and Oit 12 08/15/06 State Highway 26. The 9/11 Flight Crew Memorial Foundation has submitted a resolution noting their intention to dedicate a bronze sculpture memorializing the flight crews and civilians that died on 9/11. The sculpture will be approximately 14 feet tall. The four figures in the sculpture will represent a pilot, a first officer, a male and a female flight attendant and a little girl. The property owner has agreed to dedicate an easement to the City so that staff has access to the site for maintenance. Motion by Council Member Freed, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks RESOLUTION NO. 2006-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ACCEPTING THE DEDICATION OF A 9/11 MEMORIAL SCULPTURE FROM THE 9/11 FLIGHT CREW MEMORIAL FOUNDATION AND PROVIDING AN EFFECTIVE DATE ITEM 18. AWARD BID 265-2006 IMPROVEMENTS TO KATIE'S WOODS BOAT RAMP Parks & Recreation Director Evans recommended approval of the award of Bid 265-2006 for improvements to the Katie's Woods Boat Ramp in the amount of $385,196.00 to C. Greenscaping, L. P. Motion by Council Member Johnson, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks 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 19. Adopt-A-Road Agreement, Northeast Neighborhood Association 13 08/15/06 Parks & Recreation Advisory Board and Parks & Recreation Director recommended approval of an Adopt-A-Road Agreement with the Northeast Neighborhood Association for Katie's Woods Drive from Redbud Lane to Dunn Street. Motion by Mayor Pro Tem Ware, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks Item 20. Award Annual Contract, Janitorial Supplies, Empire Paper Company Administrative Services Director recommended award of an annual contract for the janitorial supplies to Empire Paper Company. Motion by Mayor Pro Tem Ware, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks Item 21. Renew Annual Contract, Janitorial Services at Various Parks & Recreation Facilities Parks & Recreation Director recommended renewal of an annual contract for Janitorial Services at various Parks & Recreation facilities to Mary Lou Gilmore. Motion by Mayor Pro Tern Ware, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks Item 22. Award Bid 267-2006 Purchase and Installation, Bulk Storage Tank Public Works Director recommended approval of the award of Bid 267-2006 Purchase and Installation of Bulk Storage Tank at the Water Treatment Plant to Progressive Pump Corporation in the amount of$35,860.00. Motion by Mayor Pro Tern Ware, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: 14 08/15/06 Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks Item 23. Renew Annual Contract, Traffic Conduit Installation Services Public Works Director recommended approval of the renewal of an annual contract for Traffic Conduit Installation Services to Multiple Cable Systems. Motion by Mayor Pro Tem Ware, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks Item 24. Renew Annual Contract, Installation of Vehicle Detection Loops Public Works Director recommended approval of the renewal of an annual contract for installation of vehicle detection loops to Durable Specialties, Inc. Motion by Mayor Pro Tem Ware, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks Item 25. Resolution, Authorize Interlocal Purchasing Cooperative Agreement, City of Southlake, Texas Administrative Services Director recommended approval of a resolution authorizing the Mayor to execute an Interlocal Purchasing Cooperative Agreement with the City of Southlake, Texas. Motion by Mayor Pro Tern Ware, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks RESOLUTION NO. 2006-53 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 15 08/15/06 AN INTERLOCAL AGREEMENT WITH THE CITY OF SOUTHLAKE, TEXAS AND PROVIDING AN EFFECTIVE DATE Item 26. Consideration of Minutes City Secretary recommended approval of the minutes of the July 18, 2006 City Council meetings as published. Motion by Mayor Pro Tern Ware, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ITEM 27. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z06-10 B & G PROPERTIES There was no action taken by the City Council or the Planning & Zoning Commission as this item was tabled during the public hearing to September 19, 2006. ITEM 28. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z06-11 TLC REALTY Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Zoning Application Z06-11 filed by TLC Realty granting rezoning of approximately 1.2 acres located at 427 North Scribner Street from "R-MF-1" Multifamily District Regulations to "R-MF-2" Multifamily District Regulations. Mayor Pro Tem Ware, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation and approve the first reading of the ordinance granting the rezoning. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ITEM 29. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU06-29 ETHICUS HOSPITAL OF GRAPEVINE Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU06-29 filed by Ethicus Hospital of Grapevine granting a 16 08/15/06 conditional use permit to amend the site plan approved by Ordinance No. 2004-14 for a personal care facility located at 4201 William D. Tate Avenue. The subject property is zoned "CC" Community Commercial District Regulations. Council Member Stewart, seconded by Mayor Pro Tern 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, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ORDINANCE NO. 2006-54 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 CU06-29 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2004-14 FOR A PERSONAL CARE FACILITY TO MODIFY THE SITE LAYOUT 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 30. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU06-31 EYE CONSULTANTS OF TEXAS qt 41! Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU06-31 filed by Eye Consultants of Texas granting a conditional use permit to amend the site plan approved by Ordinance No. 2003-30 for the 17 08/15/06 development of a medical office/ambulatory surgical center. The subject property is located at 2400 West State Highway 114 and is zoned "CC" Community Commercial District Regulations. 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, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ORDINANCE NO. 2006-55 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 CU06-31 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2003-30 FOR THE DEVELOPMENT OF A MEDICAL OFFICE 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 31. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1-4, BLOCK 2R, WESTGATE PLAZA Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 1-4, Block 2R, Westgate Plaza. The 18 08/15/06 6.745 acre property is being platted for a commercial building on Lot 1 and future developments on Lots 2-4. The property is zoned "CC" Community Commercial District Regulations and is located at 2300 West State Highway 114. Council Member Stewart, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lots 1-4, Block 2R, Westgate Plaza. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ITEM 32. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU06-32 FERRARI'S Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU06-32 filed by Ferrari's granting a conditional use permit to amend the site plan approved by Ordinance No. 2000-87 to revise the elevations, floor plan and the monument sign in conjunction with an existing restaurant with the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) on property located at 1200 William D. Tate Avenue. The subject property is zoned "CC" Community Commercial District Regulations. Council Member Johnson, 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, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ORDINANCE NO. 2006-56 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU06-32 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2000-87 TO REVISE THE ELEVATIONS, FLOOR PLAN AND THE MONUMENT SIGN FOR AN EXISTING RESTAURANT WITH THE POSSESSION, STORAGE, RETAIL SALE AND ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) ALL IN ACCORDANCE WITH A SITE PLAN APPROVED 19 08/15/06 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 33. PLANNING & ZONING COMMISSION RECOMMENDATION SPECIAL USE APPLICATION SU06-06 T-MOBILE Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Special Use Application SU06-06 filed by T-Mobile granting a special use permit for cellular antennas and an equipment cabinet in conjunction with a City water tower located at 501 Shady Brook Drive. The property is zoned "GU" Governmental Use District. imow Mayor Pro Tern Ware, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the ordinance granting the special use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Stewart & Freed Nays: None Abstain: Johnson Absent: Wilbanks ORDINANCE NO. 2006-57 AN ORDINANCE ISSUING A SPECIAL USE PERMIT IN ACCORDANCE WITH SECTION 49 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE BY GRANTING SPECIAL USE PERMIT SU06-06 FOR CELLULAR ANTENNAS AND AN EQUIPMENT CABINET IN CONJUNCTION WITH AN EXISTING WATER TOWER IN A DISTRICT ZONED "GU" GOVERNMENTAL USE 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 20 08/15/06 OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS SPECIAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 34. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1, BLOCK 1, G & L ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1, Block 1, G & L Addition. The 0.964 acre property is being platted to build a parking lot on property located at 611 East Dallas Road. The subject property is zoned "LI" Light Industrial. Council Member Stewart, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 1, Block 1, G & L Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ITEM 35. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1 AND 2, BLOCK 1, BANNISTER ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 1 and 2, Block 1, Bannister Addition. The 0.994 acre property is located on the west side of Ball Street between Surrey Lane and Sunset Street and is zoned "R-7.5" Single Family Residential District. The property is being platted to build a home on Lot 1 and to plat the existing home on Lot 2. Council Member Freed, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lots 1 and 2, Block 1, Bannister Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed ,. _ Nays: None Absent: Wilbanks 21 08/15/06 ADJOURNMENT Council Member Stewart, seconded by Council Member Johnson, offered a motion to adjourn the meeting at 9:22 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 5th day of September, 2006. APPROVED: William D. Tate Mayor ATTEST: osifAcei:er Linda Huff l/ City Secretary 22