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HomeMy WebLinkAbout2006-12-19 Joint Meeting AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, DECEMBER 19, 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 15th day of December, 2006 at 5:00 p.m. in u • City Secretary .1/ STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met on this the 19th day of December, 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 C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member constituting a quorum, with Council Member Darlene Freed absent, with the following members of the City Staff: Bruno Rumbelow City Manager H. T. Hardy Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:05 p.m. ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding: (A) conference with City Manager and Staff to discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate and expand in the City; with which businesses the City is conducting economic development negotiations under Section 551.086, Texas Government Code. Upon reconvening in open session in the Council Chambers, Mayor Tate asked if there was any action necessary relative to the closed session. City Manager Bruno Rumbelow stated there was no action necessary relative to conference with City Manager and Staff under Section 551.086, Texas Government Code. NOTE: City Council continued with the Regular City Council meeting in open session in r ADJOURNMENT 12/19/06 Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the meeting at 10:00 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 16th day of January, 2007. APPROVED: 4C13434. " William D. Tate Mayor ATTEST: Lin a Huff City Secretary sow 2 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL PLANNING & ZONING COMMISSION MEETING TUESDAY, DECEMBER 19, 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 Z06-15 and Planned Development Overlay PD06-09 filed by Toll Brothers for Grapevine Village. The subject property is located at 2501 North State Highway 121. The zoning application requests rezoning of 71.61 acres from "CC" Community Commercial District Regulations to "R-5.0" Zero Lot Line District Regulations and 39.37 acres from "CC" Community Commercial District Regulations to "R-TH" Townhouse District Regulations. The planned development overlay requests to include but not limited to deviation from lot size, front, rear and side yard setback, building coverage, building separation, and buffer area. 2. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU06-56 filed by Fireside Pies requesting a conditional use permit to amend the site plan approved by Ordinance No. 2006-22 for the possession, storage, retail sale and on premise consumption of alcoholic beverages in conjunction with the operation of a restaurant on property located at 1285 South Main Street. The property is zoned "PO" Professional Office District Regulations. 3. City Council and Planning & Zoning Commission to conduct a public hearing relative to Special Use Application SU06-08 filed by Metro PCS requesting a special use permit to collocate cellular antennas and an equipment cabinet in conjunction with an existing TXU tower. The subject property is located at 655 Park Boulevard and is zoned "R-MF-2" Multifamily District Regulations. 4. City Council and Planning & Zoning Commission to conduct a public hearing relative to Special Use Application SU06-09 filed by Metro PCS requesting a special use permit to collocate cellular antennas and an equipment cabinet in conjunction with an existing TXU tower. The subject property is located at 1135 William D. Tate Avenue and is zoned "CC" Community Commercial District Regulations. 5. City Council and Planning & Zoning Commission to conduct a public hearing relative to Historic Landmark Subdistrict Application HL06-03 filed by Lannie Jackson requesting a Historic Landmark Subdistrict designation on property located at 315 East Wall Street, known as the Lois Stewart House. The property is zoned "HC" Highway Commercial District. END OF JOINT PUBLIC HEARINGS Planning & Zoning Commission to recess to Planning & Zoning Commission Conference Room, Second Floor to consider published agenda items. City Council to remain in session in the Council Chambers to consider published business. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at (817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Regular Joint City Council and Planning & Zoning Commission Meeting Agenda was prepared and posted on this the 15th day of December, 2006 at 5:00 p.m. Huau City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, DECEMBER 19, 2006 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CITIZEN COMMENTS NEW BUSINESS 6. Consider a resolution awarding a contract to Motorola, Inc. for the purchase of Motorola Radios and associated software/equipment for the Police Department through a grant received from the United States Homeland Security Grant Program and take any necessary action. 7. Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 12 Health and Sanitation by the addition of Article VII Oil and Gas Well Drilling and take any necessary action. 8. Consider a Cost Participation Contract with Grapevine Station LLC and Triple "T" Farms, Ltd, for the joint public/private partnership in the construction of Wall Street Improvements and take any necessary action. 9. Consider a Developer's Contract with CNP PLUS, L.P. for the joint public/private partnership in the construction of stormwater system improvements and wastewater system improvements within the right of way of Hughes Road 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. 10. Consider a resolution appointing a permanent Crime Control and Prevention District Board of Directors. City Manager recommends approval. 11. Consider a reimbursement resolution expressing intent to finance expenditures authorized in the FY2007 Budget. Administrative Services Director recommends approval. 12. Consider an ordinance Amending Chapter 25 Utilities and Services authorizing filing of liens against properties for unpaid utility accounts. Administrative Services Director recommends approval. 13. Consider award of the construction contract for the 2006 Sanitary Sewer Replacement project to Hall-Albert Construction Company. Public Works Director recommends approval. 14. Consider awarding a consultant engineer's contract to Welch Engineering, Inc. for the design of the pedestrian enhancements adjacent to Fairfield on Main Street. Public Works Director recommends approval. 15. Consider the second and final reading of an ordinance amending the Grapevine Code of Ordinances, Chapter 25 Utilities and Services relative to Amended Water and Wastewater Impact Fees. Public Works Director recommends approval. 16. Consider an ordinance abandoning a utility easement in the northwest corner of Lot 76, Block 2, Villas at Silver Lake Estates. Public Works Director recommends approval. 17. Consider a resolution approving the City's legislative agenda for the 80th Legislative Session. Assistant City Manager recommends approval. 18. Consider a resolution awarding a contract to Luber Brothers, Inc. for the purchase of a fairway mower for the Municipal Golf Course through an interlocal agreement with the Houston-Galveston Area Council. Administrative Services Director recommends approval. 19. Consider renewal of an annual contract award to GST Public Safety, LLC for the purchase of fire uniforms. Fire Chief recommends approval. 20. Consider award of a contract to Comm-Fit L.P. for the purchase and installation of various types of fitness equipment for the Grapevine Community Activity Center. Parks & Recreation Director recommends approval. 21. Consider award of an annual contract to purchase lamps and lighting products from Voss Lighting. Public Works Director recommends approval. 22. Consider a resolution awarding a contract to Motorola, Inc. for the purchase of 20 vehicle mobile data laptop computers and associated equipment for the Fire Department through an interlocal agreement with the Houston-Galveston Area Council. Fire Chief recommends approval. 23. Consider a resolution awarding a contract to Pierce Pump Company for the refurbishment of the raw water pumps at the Water Treatment Plant. Public Works „ Director recommends approval. 24. Consider a resolution authorizing participation in an established annual contract with the City of Hurst for the purchase of Micro-Surfacing and Slurry Seal Services by the Street Department. Public Works Director recommends approval. 25. Consider the minutes of the December 5, 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 26. Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z06-15 (Toll Brothers/Grapevine Village) and a subsequent ordinance, if applicable. 27. Consider the recommendation of the Planning & Zoning Commission relative to Planned Development Overlay PD06-09 (Toll Brothers/Grapevine Village) and a subsequent ordinance, if applicable. 28. Consider the recommendation of the Planning & Zoning Commission relative to the preliminary plat of Grapevine Village and take any necessary action. 29. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Grapevine Village and take any necessary action. 30. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU06-56 (Fireside Pies) and a subsequent ordinance, if applicable. 31. Consider the recommendation of the Planning & Zoning Commission relative to Special Use Application SU06-08 (Metro PCS) and a subsequent ordinance, if applicable. 32. Consider the recommendation of the Planning & Zoning Commission relative to Special Use Application SU06-09 (Metro PCS) and a subsequent ordinance, if applicable. 33. Consider the recommendation of the Planning & Zoning Commission relative to Historic Landmark Subdistrict Application HL06-03 (Lois Stewart House) 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 15th day of December, 2006 at 5:00 p.m. - Li67. Huff Jr City Secretary AGENDA CITY OF GRAPEVINE SPECIAL BRIEFING SESSION PLANNING & ZONING COMMISSION TUESDAY, DECEMBER 19, 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 December 19, 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 15th day of December, 2006 at 5:00 p.m. Li rd Huff /1 City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, DECEMBER 19, 2006 AT 7:30 P.M. PLANNING & ZONING COMMISSION CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET NEW BUSINESS 1. Consider Zoning Application Z06-15 (Toll Brothers/Grapevine Village) and make a recommendation to the City Council. 2. Consider Planned Development Overlay PD06-09 (Toll Brothers/Grapevine Village) and make a recommendation to the City Council. 3. Consider the preliminary plat of Grapevine Village and make a recommendation to the City Council. 4. Consider the final plat of Grapevine Village and make a recommendation to the City Council. 5. Consider Conditional Use Application CU06-56 (Fireside Pies) and make a recommendation to the City Council. 6. Consider Special Use Application SU06-08 (Metro PCS) and make a recommendation to the City Council. 7. Consider Special Use Application SU06-09 (Metro PCS) and make a recommendation to the City Council. 8. Consider Historic Landmark Subdistrict Application HL06-03 (Lois Stewart House) and make a recommendation to the City Council. CONSIDERATION OF MINUTES 9. Consider the minutes of the November 21, 2006 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 19th day of December, 2006 at 5:00 p.m. Lin•a Hui 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 19th day of December, 2006 at 7:30 p.m. in the City Council Chambers, Second Floor, 200 South Main Street, with the following members of the City Council present to-wit: William D. Tate Mayor Ted R. Ware Mayor Pro Tern Sharron Spencer Council Member C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member constituting a quorum, with Council Member Darlene Freed absent, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Herbert Fry Vice Chairman Chris Coy Member Danette Murray Member Betty "BJ" Wilson Member Rob Undersander Member Becky St. John Member Mark Lowery Alternate Andrea Roy Alternate constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager H. T. Hardy Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:35 p.m. INVOCATION Commissioner Coy delivered the Invocation. 12/19/06 ITEM 1. PUBLIC HEARING, ZONING APPLICATION Z06-15 AND PLANNED Pffli„ DEVELOPMENT OVERLAY PD06-09 TOLL BROTHERS/GRAPEVINE VILLAGE Mayor Tate declared the public hearing open. Development Manager Ron Stombaugh advised that Toll Brothers had filed Zoning Application Z06-15 and Planned Development Overlay PD06-09 for Grapevine Village. The subject property is located at 2501 North State Highway 121. The zoning application requests rezoning of 71.61 acres from "CC" Community Commercial District Regulations to "R-5.0" Zero Lot Line District Regulations and 39.37 acres from "CC" Community Commercial District Regulations to "R-TH" Townhouse District Regulations for a single family and townhouse development. The planned development overlay requests to include but not limited to deviation from lot size, front, rear and side yard setback, building coverage, building separation, and buffer area. The applicant proposes approximately 158 single family detached units on a 76.61 acre tract. Townhouses are proposed on two separate locations - the northeast section will have 78 units and southwest section will contain 99 units. The planned development request, as implied by the applicant, is to preserve open space and provide a more visual streetscape. It is Staff's opinion that the applicant has not truly met the spirit and intent of the ordinance by fully explaining and justifying the need for the planned development overlay nor has the applicant sufficiently provided those trade-offs ""'" or extra amenities necessary to balance the consideration given in deviating from the standard ordinance requirements. The applicant has agreed to dedicate to the City approximately 1.5 acres for use as a small park near the northwest corner of the subject property as well as a reduced payment per lot in lieu of a complete recreational open space dedication. The applicant has also agreed to extend the City's Hike and Bike Trail north and east through the subject site to connect with Highpoint Park. Mr. Bill Anderson and Mr. Greg Moe requested favorable consideration of the applications. They reviewed the proposal for the gated residential community and retail development, as well as the airport noise contours and the effect of the aircraft over on the planned development. City Council and Planning & Zoning Commission expressed concern regarding the hardship that would necessitate the planned development overlay, expressed concerns regarding the impact of the development on schools, traffic and stated their opposition to a gated single family community. They also expressed concerns regarding the noise levels of air traffic from Dallas/Fort Worth International Airport. The applicant responded the planned development overlay was unique to the development of the property and would allow homeowners to add extra features to their homes and they expected little impact on the two school districts. Mayor Tate invited guests present to comment regarding the application. The following people spoke: 2 12/19/06 Mr. Ronald Glover, 4401 North Mesa, El Paso, expressed his support for the applications. Ms. Sandra Lancaster, representing Dallas/Fort Worth International Airport ("Airport"), stated that the Airport has submitted two letters opposing the proposed development. She noted that the Airport has federal obligations to follow due to receiving grant monies and must ensure compatible land uses around the Airport. Also, cities surrounding the Airport all use the original noise contours map developed by NCTCOG in 1975. She stated that if the City approved the proposed development, that it is recommended a noise reduction level of 30 dB be required for all units, an avigation easement be dedicated and the applicant provide a mechanism for full disclosure of the aircraft noise impact to any future purchasers of property within the proposed residential community. Ms. Oma Fay Pearse, 1209 South Ball Street, addressed the Council stating that the overall situation should be viewed. Commissioner Coy, seconded by Commissioner Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander & St. John Nays: None Mayor Pro Tern Ware, seconded by Council Member Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed ITEM 2. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU06-56 FIRESIDE PIES Mayor Tate declared the public hearing open. Development Manager Stombaugh advised that Conditional Use Application CU06-56 had been filed by Fireside Pies requesting a conditional use permit to amend the site plan approved by Ordinance No. 2006-22 for the possession, storage, retail sale and on premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with the operation of a restaurant on property located at 1285 South Main Street. The property is zoned "PO" Professional Office District Regulations. It will be a 4,524 square foot restaurant with seating for 158 patrons. Mr. Bryan Klein requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. 3 12/19/06 Mayor Tate invited guests present to comment regarding the application. No one wished to speak. City Secretary Huff reported the Council and Commission had been copied the one letter of support for the application. t Commissioner St. John, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander& St. John Nays: None Council Member Stewart, seconded by Council Member Spencer, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed ITEM 3. PUBLIC HEARING, SPECIAL USE APPLICATION SU06-08 METRO PCS Mayor Tate declared the public hearing open. Planner Albert Triplett advised that Special Use Application SU06-56 had been filed by Metro PCS requesting a special use permit to collocate cellular antennas and an 111111, equipment cabinet surrounded by a seven foot wooden screening fence in conjunction with an existing TXU tower. The subject property is located at 655 Park Boulevard and is zoned "R-MF-2" Multifamily District Regulations. Mr. Bill Bauman requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak. City Secretary Huff reported the Council and Commission had been copied the five letters of protest and one letter of support for the application. Commissioner Fry, seconded by Commissioner Undersander, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander & St. John Nays: None Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to close the public hearing. The motion prevailed by the following vote: ... 4 12/19/06 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed ITEM 4. PUBLIC HEARING, SPECIAL USE APPLICATION SU06-09 METRO PCS Mayor Tate declared the public hearing open. Planner Triplett advised that Special Use Application SU06-09 had been filed by Metro PCS requesting a special use permit to collocate cellular antennas and an equipment cabinet with a seven foot wooden screening fence in conjunction with an existing TXU tower. The subject property is located at 1135 William D. Tate Avenue and is zoned "CC" Community Commercial District Regulations. Mr. Bill Bauman 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 no correspondence to report. Commissioner Wilson, seconded by Commissioner Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander & St. John Nays: None 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, Johnson & Stewart Nays: None Absent: Freed ITEM 5. PUBLIC HEARING, HISTORIC LANDMARK SUBDISTRICT APPLICATION HL06-03 LANNIE JACKSON/LOIS STEWART HOUSE Mayor Tate declared the public hearing open. Development Manager Stombaugh reported that Historic Landmark Subdistrict Application HL06-03 had been filed by Lannie Jackson requesting a Historic Landmark Subdistrict designation on property located at 315 East Wall Street, known as the Lois Stewart House. The property is zoned "HC" Highway Commercial District. There were no questions from the City Council or the Planning & Zoning Commission. 5 12/19/06 Mayor Tate invited guests present to comment regarding the application. No one wished „N, to speak and there was no correspondence to report. Commissioner Coy, seconded by Commissioner St. John, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander & St. John Nays: None Council Member Johnson, seconded by Council Member Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart 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. Mayor Tate announced the City Council would take a brief recess. Upon reconvening in the City Council Chambers, all members of the City Council were present with the exception of Council Member Freed. NNW ITEM 6. RESOLUTION, AWARD CONTRACT, MOTOROLA, INC., RADIOS FOR POLICE DEPARTMENT Police Chief Eddie Salame recommended approval of a resolution awarding a contract to Motorola, Inc. in the amount of $33,327.00 for the purchase of Motorola Radios and associated software/equipment for the Police Department through a grant received from the United States Homeland Security Grant Program. The funds are 100% reimbursed by the grant. The radios will be installed in the Mobile Command Unit. Motion by Council Member Johnson, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed RESOLUTION NO. 2006-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNATE TO PURCHASE 6 12/19/06 MOTOROLA RADIOS THROUGH AN ESTABLISHED INTERLOCAL AGREEMENT AND PROVIDING AN EFFECTIVE DATE ITEM 7. ORDINANCE, AMEND CHAPTER 12 HEALTH AND SANITATION, OIL AND GAS WELL DRILLING Assistant City Manager H. T. Hardy recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 12 Health and Sanitation by the addition of Article VII Oil and Gas Well Drilling. The ordinance will establish comprehensive criteria for filing for a gas and oil well permit, the well site development, drilling, fracting, and well operation. Council will continue to have final approval of a gas and oil well permit through the Special Use Permit requirements of the Comprehensive Zoning Ordinance Section 49.B.12. There are no changes to Section 49.B.12, so gas and oil wells will continue to be prohibited in residential zoning districts. The proposed ordinance establishes very specific requirements for permit application, on-site requirements, operation and equipment standards, environmental safety standards, and setback distances. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed ORDINANCE NO. 2006-85 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 12, HEALTH AND SANITATION, BY ADDING ARTICLE VII OIL AND GAS WELL DRILLING, 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 8. COST PARTICIPATION CONTRACT, CONSTRUCTION OF WALL STREET IMPROVEMENTS Public Works Deputy Director Stan Laster requested approval of a Cost Participation Contract with Grapevine Station LLC and Triple "T" Farms, Ltd, for the joint public/private partnership in the construction of Wall Street Improvements and a 16" waterline at an estimated cost to the City of$368,614.00. 7 12/19/06 Motion by Council Member Johnson, seconded by Mayor Pro Tem Ware, to approve as recommended prevailed by the following vote: , Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed ITEM 9. DEVELOPER'S CONTRACT, STORMWATER SYSTEM IMPROVEMENTS AND WASTEWATER SYSTEM IMPROVEMENTS, HUGHES ROAD Public Works Deputy Director Laster recommended approval of a Developer's Contract with CNP PLUS, L.P. for the joint public/private partnership in the construction of stormwater system improvements and wastewater system improvements within the right of way of Hughes Road at a City cost of$46,365.85. Motion by Council Member Spencer, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed CONSENT AGENDA twoo 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. City Manager Rumbelow removed Item 17 Resolution, Approve City's Legislative Agenda for 80th Legislative Session. Item 10. Resolution, Appoint Permanent Crime Control and Prevention District Board of Directors City Manager recommended approval of a resolution appointing the City Council as the permanent Crime Control and Prevention District Board of Directors. Motion by Council Member Johnson, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed wrw 8 12/19/06 RESOLUTION NO. 2006-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS APPOINTING THE PERMANENT BOARD OF DIRECTORS OF THE GRAPEVINE CRIME CONTROL AND PREVENTION DISTRICT AND PROVIDING AN EFFECTIVE DATE Item 11. Resolution, Expressing Intent to Finance Expenditures Administrative Services Director recommended approval of a reimbursement resolution expressing intent to finance expenditures for vehicles and equipment and roadway improvements as authorized in the FY2007 Budget. Motion by Council Member Johnson, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed RESOLUTION NO. 2006-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, EXPRESSING INTENT TO FINANCE EXPENDITURES TO BE INCURRED AND PROVIDING AN EFFECTIVE DATE Item 12. Ordinance, Amend Chapter 25 Utilities and Services, Filing of Liens Administrative Services Director recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 25 Utilities and Services authorizing filing of liens against properties for unpaid utility accounts. Motion by Council Member Johnson, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed ORDINANCE NO. 2006-86 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES CHAPTER 25 UTILITIES AND SERVICES, BY THE ADDITION OF A NEW SUBSECTION RELATIVE TO LEINS AGAINST PROPERTIES; PROVIDING A SAVINGS 9 12/19/06 CLAUSE; PROVIDING A SEVERABILITY CLAUSE; pip DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Item 13. Award Construction Contract 2006 Sanitary Sewer Replacement Project Public Works Director recommended approval of the award of the construction contract for the 2006 Sanitary Sewer Replacement project to Hall-Albert Construction Company in the amount of$1,608,686.10. Motion by Council Member Johnson, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed Item 14. Award Consultant Engineer's Contract, Design of Pedestrian Enhancements, Fairfield on Main Street Public Works Director recommended approval of the award of a consultant engineer's contract to Welch Engineering, Inc. for the design of the pedestrian enhancements adjacent to Fairfield on Main Street in an amount not to exceed $22,000.00. Motion by Council Member Johnson, seconded by Council Member Spencer, to approve ' "'" as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed Item 15. Second and Final Reading, Ordinance No. 2006-87, Amend Chapter 25 Utilities and Services, Amended Water and Wastewater Impact Fees Public Works Director recommended approval of the second and final reading of an ordinance amending the Grapevine Code of Ordinances, Chapter 25 Utilities and Services relative to Amended Water and Wastewater Impact Fees. Motion by Council Member Johnson, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed wow 10 12/19/06 ORDINANCE NO. 2006-87 30 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS APPROVING, ADOPTING AND IMPOSING AMENDED WATER AND WASTEWATER IMPACT FEES; AMENDING SECTION 25-25, DIVISION I, ARTICLE II, CHAPTER 25 OF THE GRAPEVINE CODE OF ORDINANCES RELATING TO UTILITIES AND SERVICES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR THE REPEAL OF INCONSISTENT ORDINANCES AND PROVIDING AN EFFECTIVE DATE Item 16. Ordinance, Abandon Utility Easement, Villas at Silver Lake Estates Public Works Director recommended approval of an ordinance abandoning a utility easement in the northwest corner of Lot 76, Block 2, Villas at Silver Lake Estates. Motion by Council Member Johnson, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed ORDINANCE NO. 2006-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A PORTION OF A UTILITY EASEMENT IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 17. RESOLUTION, APPROVE CITY'S LEGISLATIVE AGENDA FOR 80TH LEGISLATIVE SESSION City Manager Rumbelow removed this item from the consent agenda. Assistant City Manager recommended approval of a resolution approving the City's legislative agenda for the 80th Legislative Session with the amendment to the State Library Database Funding (TexShare)-Support to reflect that funding was cut from approximately $10.9 million per year to $2 million, then restored to $6 million, and the City supports funding at the level requested by the Texas State Library. Motion by Council Member Spencer, seconded by Mayor Pro Tern Ware, to approve as amended prevailed by the following vote: 11 12/19/06 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed RESOLUTION NO. 2006-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ADOPTING A LEGISLATIVE AGENDA FOR THE 80th SESSION OF THE LEGISLATURE OF THE STATE OF TEXAS AND PROVIDING AN EFFECTIVE DATE Item 18. Resolution, Award Contract, Fairway Mover Purchase Administrative Services Director recommended approval of a resolution awarding a contract to Luber Brothers, Inc. for the purchase of a fairway mower in the amount of $40,244.75 for the Municipal Golf Course through an interlocal agreement with the Houston-Galveston Area Council. Motion by Council Member Johnson, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed RESOLUTION NO. 2006-82 wow A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNATE TO PURCHASE A FAIRWAY MOWER THROUGH AN ESTABLISHED INTERLOCAL AGREEMENT AND PROVIDING AN EFFECTIVE DATE Item 19. Renew Annual Contract, Fire Uniform Purchase Fire Chief recommended approval of the renewal of an annual contract award to GST Public Safety, LLC for the purchase of fire uniforms. Motion by Council Member Johnson, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed ono Item 20. Award Contract, Fitness Equipment Purchase two 12 12/19/06 Parks & Recreation Director recommended approval of the award of a contract to Comm- Fit L.P. for the purchase and installation of various types of fitness equipment for the Grapevine Community Activity Center in the amount of $20,888.00. Motion by Council Member Johnson, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed Item 21. Award Annual Contract, Lamps and Lighting Products Public Works Director recommended approval of the award of an annual contract to purchase lamps and lighting products from Voss Lighting. Motion by Council Member Johnson, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed Item 22. Resolution, Award Contract, Vehicle Mobile Data Laptop Computers, Fire Department Fire Chief recommended approval of a resolution awarding a contract to Motorola, Inc. for the purchase of 20 vehicle mobile data laptop computers and associated equipment for the Fire Department through an interlocal agreement with the Houston-Galveston Area Council in the amount of $126,731.60. Motion by Council Member Johnson, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed RESOLUTION NO. 2006-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNATE TO PURCHASE COMPUTER DATA LAPTOP WORKSTATIONS THROUGH AN ESTABLISHED INTERLOCAL AGREEMENT AND PROVIDING AN EFFECTIVE DATE iNkamvi 13 12/19/06 Item 23. Resolution, Award Contract, Refurbishment of Raw Water Pumps Public Works Director recommended approval of a resolution awarding a contract to Pierce Pump Company for the refurbishment of the raw water pumps at the Water Treatment Plant in an amount not to exceed $25,081.29. Motion by Council Member Johnson, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed RESOLUTION NO. 2006-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNATE TO PURCHASE RAW WATER PUMP REFURBISHING SERVICES FROM PIERCE PUMP COMPANY AND PROVIDING AN EFFECTIVE DATE Item 24. Resolution, Authorize Participation with City of Hurst, Micro-Surfacing and Slurry Seal Services •"" Public Works Director recommended approval of a resolution authorizing participation in w"` an established annual contract with the City of Hurst for the purchase of Micro-Surfacing and Slurry Seal Services by the Street Department. Motion by Council Member Johnson, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed RESOLUTION NO. 2006-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNATE TO PURCHASE MICRO-SURFACING AND SLURRY SEAL SERVICES THROUGH AN ESTABLISHED INTERLOCAL AGREEMENT AND PROVIDING AN EFFECTIVE DATE Item 25. Consideration of Minutes wow 14 12/19/06 City Secretary recommended approval of the minutes of the December 5, 2006 City Council meetings as published. x00 Motion by Council Member Johnson, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed ITEM 26. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z06-15 TOLL BROTHERS/GRAPEVINE VILLAGE Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for denial of Zoning Application Z06-15 filed by Toll Brothers/Grapevine Village requesting rezoning of 71.61 acres from "CC" Community Commercial District Regulations to "R-5.0" Zero Lot Line District Regulations and 39.37 acres from "CC" Community Commercial District Regulations to "R-TH" Townhouse District Regulations. The subject property is located at 2501 North State Highway 121. Council Member Spencer, seconded by Council Member Wilbanks, offered a motion to accept the Commission's recommendation for denial. The motion prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Abstain: Tate Absent: Freed ITEM 27. PLANNING & ZONING COMMISSION RECOMMENDATION PLANNED DEVELOPMENT OVERLAY PD06-09 TOLL BROTHERS/ GRAPEVINE VILLAGE Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for denial of Planned Development Overlay PD06-09 filed by Toll Brothers/Grapevine Village requesting a planned development overlay to include but not limited to deviation from lot size, front, rear and side yard setback, building coverage, building separation, and buffer area on property located at 2501 North State Highway 121. Council Member Johnson, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation for denial. The motion prevailed by the following vote: 15 12/19/06 Ayes: Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Abstain: Tate Absent: Freed ITEM 28. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT GRAPEVINE VILLAGE Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for denial of the preliminary plat of Grapevine Village. The 162.129 acre property is located north of Grapevine Mills Boulevard North between FM 2499 and State Highway 121. Council Member Johnson, seconded by Council Member, offered a motion to accept the Commission's recommendation for denial. The vote prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Abstain: Tate Absent: Freed ITEM 29. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT GRAPEVINE VILLAGE ..w Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for denial the final plat of Grapevine Village. The 162.129 acre property is located north of Grapevine Mills Boulevard North between FM 2499 and State Highway 121. Council Member Spencer, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation for denial. The motion prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Abstain: Tate Absent: Freed ITEM 30. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU06-56 FIRESIDE PIES Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU06-56 filed by Fireside Pies granting a conditional use permit to amend the site plan approved by Ordinance No. 2006-22 for the possession, storage, retail sale and on premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with the operation of a restaurant on property located at 1285 South Main Street. The property is zoned "PO" Professional Office District ,�.. Regulations. mei 16 12/19/06 Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to fto accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed ORDINANCE NO. 2006-89 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 CU06-56 AMENDING THE SITE PLAN APPROVED BY ORDINANCE NO. 2006-22 FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) IN CONJUNCTION WITH A RESTAURANT IN A DISTRICT ZONED "PO" PROFESSIONAL OFFICE 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 SPECIAL USE APPLICATION SU06-08 METRO PCS Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Special Use Application SU06-08 filed by Metro PCS granting a special use permit to collocate cellular antennas and an equipment cabinet in conjunction with an existing TXU , .. tower with the condition that the applicant work with Staff to provide a screening fence that meets the requirements of security, maintainability and aesthetics. The subject property is located at 655 Park Boulevard and is zoned "R-MF-2" Multifamily District Regulations. 17 12/19/06 ono Council Member Johnson, seconded by Council Member Spencer, 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, Wilbanks, Johnson & Stewart Nays: None Absent: Freed ORDINANCE NO. 2006-90 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 SU06-08 FOR INSTALLATION OF CELLULAR ANTENNAS AND AN EQUIPMENT CABINET IN CONJUNCTION WITH AN EXISTING TXU TRANSMISSION TOWER IN A DISTRICT ZONED "R-MF-2" MULTIFAMILY DISTRICT REGULATIONS UNDER CITY OF GRAPEVINE ORDINANCE NO. 82-73 ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 "" AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE "a"' 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 32. PLANNING & ZONING COMMISSION RECOMMENDATION SPECIAL USE APPLICATION SU06-09 METRO PCS Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Special Use Application SU06-09 filed by Metro PCS granting a special use permit to collocate cellular antennas and an equipment cabinet in conjunction with an existing TXU tower with the condition that the applicant work with Staff to provide a screening fence that ..� walk 18 12/19/06 meets the requirements of aesthetics, security and maintainability. The subject property is located at 1135 William D. Tate Avenue and is zoned "CC" Community Commercial District Regulations. Council Member Spencer, seconded by Mayor Pro Tem Ware, 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, Wilbanks, Johnson & Stewart Nays: None Absent: Freed ORDINANCE NO. 2006-91 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 SU06-09 FOR INSTALLATION OF CELLULAR ANTENNAS AND AN EQUIPMENT CABINET IN CONJUNCTION WITH AN EXISTING TXU TRANSMISSION TOWER IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS UNDER CITY OF GRAPEVINE ORDINANCE NO. 82-73 ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS SPECIAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 33. PLANNING & ZONING COMMISSION RECOMMENDATION HISTORIC LANDMARK SUBDISTRICT APPLICATION HL06-03 LOIS STEWART HOUSE Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Historic Landmark Subdistrict Application HL06-03 filed by Lannie Jackson granting a 19 12/19/06 Historic Landmark Subdistrict designation on property located at 315 East Wall Street, mo, known as the Lois Stewart House. The property is zoned "HC" Highway Commercial District. Mayor Pro Tern Ware, seconded by Council Member Johnson, 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, Johnson & Stewart Nays: None Absent: Freed ORDINANCE NO. 2006-92 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DESIGNATING A HISTORIC LANDMARK SUBDISTICT HL06-03 IN ACCORDANCE WITH SECTION 39 OF ORDINANCE NO. 82-73 (APPENDIX "D" OF THE CODE OF ORDINANCES), DESIGNATING THE AREA LEGALLY DESCRIBED AS LOT 1, BLOCK 1, MORRISON 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 "o""' ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ADJOURNMENT Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 10:00 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed .or 20 12/19/06 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 16th day of January, 2007. APPROVED: William D. Tate Mayor ATTEST: 'CJVU";/--Ce, Linda Huff '1 City Secretary 21