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HomeMy WebLinkAbout2005-08-16 Joint Meeting AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, AUGUST 16, 2005 AT 6:30 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. Real property relative to acquisition of (1) parkland for Bear Creek Trail and (2) Toon property pursuant to Section 551.072, Texas Government Code. B. Personnel relative to City Manager position pursuant to Section 551.074, Texas Government Code. C. Conference with City Manager and Staff to discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate and expand in the City; with which businesses the City is conducting economic development negotiations pursuant to Section 551.087, Texas Government Code. City Council to reconvene in open session and take any necessary action relative to pending or contemplated litigation, real property, personnel and conference with employees under Sections 551.072, 551.074 and 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 12th day of August, 2005 at 5:00 p.m. Inca 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 16th day of August, 2005 at 6:30 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to-wit: William D. Tate Mayor Ted R. Ware Mayor Pro Tern Sharron Spencer Council Member C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow Acting City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Jennifer Hibbs Assistant to the City Manager CALL TO ORDER Mayor Tate called the meeting to order at 6:31 p.m. ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding: (A) Real property relative to acquisition of (1) parkland for Bear Creek Trail and (2) Toon property pursuant to Section 551.072, Texas Government Code; (B) Personnel relative to City Manager position pursuant to Section 551.074, Texas Government Code; (C) 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. Acting City Manager Bruno Rumbelow stated there was no action necessary relative to conference with City Manager pursuant to Section 551.087, Texas Government Code. 08/16/05 Regarding real property relative to acquisition of (1) parkland for Bear Creek Trail, Acting City Manager Rumbelow requested authorization for approval of a contract with HCBeck, Ltd. for the purchase of 1.336 acres of parkland along Big Bear Creek in the amount of $2,000.00. Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to approve the contract as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Note: Personnel relative to City Manager position was not discussed during closed session. Note: City Council continued with the regular posted agenda. ADJOURNMENT Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 9:05 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of September, 2005. APPROVED: William D. Tate Mayor ATTEST: Lin a Huff City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL PLANNING & ZONING COMMISSION MEETING TUESDAY, AUGUST 16, 2005 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER INVOCATION: Commissioner Herb Fry PRESENTATION 1. Mayor Tate to present a proclamation honoring Colby Black and Brooks Crocker for their heroism on June 12, 2005. JOINT PUBLIC HEARINGS 2. City Council and Planning &Zoning Commission to conduct a public hearing relative to Zoning Application Z05-07 filed by Mr. Dino Idoski requesting rezoning of approximately 0.72 acres from "R-20" Single Family District to "R-7.5" Single Family District. The subject property is located east of the northeast corner of South Gravel Road and Lonesome Dove Road. 3. City Council and Planning &Zoning Commission to conduct a public hearing relative to Zoning Application Z05-08 filed by the City of Grapevine requesting rezoning of approximately 12.49 acres from "PID" Planned Industrial Development to "CC" Community Commercial District Regulations. The property is located on the northeast corner of Genesis Way and State Highway 121. 4. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU05-47 filed by Main Street Blues requesting a conditional use permit to amend the site plan approved by Ordinance No. 2004-86 for expansion of an existing restaurant with the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages). The subject property is located at 814 and 816 South Main Street and is zoned "CBD" Central Business District. 5. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU05-48 filed by Gourmet Concepts requesting a conditional use permit for the possession, storage, retail sale and on- and off-premise consumption of alcoholic beverages (wine only) in conjunction with a restaurant. The subject property is located at 413 South Main Street and is zoned "CBD" Central Business District. 6. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU05-50 filed by Winery On Main requesting a conditional use permit to allow the possession, storage, retail sale and on and off premise consumption of alcoholic beverages (wine only) in conjunction with a winery. The property is located at 420 South Main Street and is zoned "CBD" Central Business District. 7. City Council and Planning &Zoning Commission to conduct a public hearing relative to Historical Landmark Application HL05-03 filed by Classic Tile and Plastering, Inc. requesting a historic landmark sub-district overlay on the Simmons House located at 702 East Northwest Highway. The property is zoned "HC" Highway Commercial District. 8. City Council and Planning &Zoning Commission to conduct a public hearing relative to Historical Landmark Application HL05-04 filed by Craig and George Hurst requesting a historic landmark sub-district overlay on 420 East Wall Street. The property is zoned "R-7.5" Single Family District Regulations. Applicant has requested the item to be tabled to September 20, 2005. 9. City Council and Planning & Zoning Commission to conduct a public hearing relative to Historical Landmark Application HL05-05 filed by Nosa and Anne Evbuomwan requesting a historic landmark sub-district overlay on 238 Austin Street. The property is zoned "R-7.5" Single Family District Regulations. 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 12th day of August, 2005 at 5:00 p.m. • /- Lin.a Huff City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, AUGUST 16, 2005 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CITIZEN COMMENTS NEW BUSINESS 10. Consider a resolution accepting the certified tax roll and take any necessary action. 11. Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 23 Traffic, Section 23-34, Turns Prohibited to establish a Right Turn on Red restriction for southbound Dove Loop traffic at the intersection with Dove Road and take any necessary action. 12. Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 23 Traffic Stop signs at various locations in the City of Grapevine and take any necessary action. 13. Consider an ordinance abandoning a portion of a utility easement in Lot 17, Block 10, Grapevine Lake Estates Addition and take any necessary action. 14. Consider authorizing water and wastewater line oversizing reimbursement to Verde Apartment Communities Construction, L.P., in association with the development of the Riverwalk Apartments 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. 15. Consider an Adopt-a-Park Agreement with the Matthew Goldberg Family and Friends for Dove Crossing Park. Parks & Recreation Director recommends approval. 16. Consider postponing action on the sale of$2,070,000.00 of Combination Tax and Revenue Certificates of Obligation, Series 2005, until October 18, 2005. Administrative Services Director recommends approval. 17. Consider an ordinance granting a Municipal Consent Agreement to AboveNet Communications, Inc. for access to City right-of-way. Public Works Director recommends approval. 18. Consider a resolution declaring a 1998 Chevrolet ambulance as surplus and authorizing donation of the ambulance to the Grapevine Citizens Fire Academy Alumni. Acting City Manager recommends approval. 19. Consider award of Bid 226-2005 Water Meters Annual Contract to Hersey Meters. Public Works Director recommends approval. 20. Consider rejecting all bids received for a trailer mounted generator set. Public Works Director recommends approval. 21. Consider approval of the purchase of replacement computers for the Grapevine Library from Able Electronics. Library Director recommends approval. 22. Consider approval of the award of Bid 234-2005 Horticultural Chemicals Annual Contract to Estes, Inc.; Lesco, Inc.; Verdigon, Inc.; BWI Industries; Red River Specialities; Justin Seed Co., and Green Industries. Parks & Recreation Director recommends approval. 23. Consider a resolution declaring certain vehicles and equipment as surplus and authorizing their sale through public auction. Administrative Services Director recommends approval. 24. Consider a resolution declaring SHI-Govemment Solutions Company a sole source provider for the purchase of a service and maintenance contract covering various software licenses. Acting City Manager recommends approval. 25. Consider a resolution adopting the National Incident Management System (NIMS) as the standard for incident management. Fire Chief recommends approval. 26. Consider the minutes of the July 19, 2005 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 Z05-07 (Mr. Dino Idoski) and a subsequent ordinance, if applicable. 28. Consider the recommendation of the Planning &Zoning Commission relative to the preliminary plat of Lots 1-3, Block 1, B & G Addition and take any necessary action. 29. Consider the recommendation of the Planning &Zoning Commission relative to the final plat of Lots 1-3, Block 1, B & G Addition and take any necessary action. 30. Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z05-08 (City of Grapevine) and a subsequent ordinance, if applicable. 31. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU05-47 (Main Street Blues) and a subsequent ordinance, if applicable. 32. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU05-48 (Gourmet Concepts) and a subsequent ordinance, if applicable. 33. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU05-50 (Winery On Main) and a subsequent ordinance, if applicable. 34. Consider the recommendation of the Planning & Zoning Commission relative to Historic Landmark Application HL05-03 (Simmons House) and a subsequent ordinance, if applicable. 35. Consider the recommendation of the Planning & Zoning Commission relative to Historic Landmark Application HL05-05 (238 Austin Street) 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. Ow* OP. *OW 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 12th day of August, 2005 at 5:00 p.m. ie t kAL.../ Linsa Huff City Secretary , Fyn; WOW NNW AGENDA CITY OF GRAPEVINE SPECIAL BRIEFING SESSION PLANNING & ZONING COMMISSION TUESDAY, AUGUST 16, 2005 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 16, 2005 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 12th day of August, 2005 at 5:00 p.m. Lind Huff City Secretary amp AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, AUGUST 16, 2005 AT 7:30 P.M. PLANNING & ZONING COMMISSION CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET NEW BUSINESS 1. Consider Zoning Application Z05-07 (Mr. Dino Idoski) and make a recommendation to the City Council. 2. Consider the preliminary plat of Lots 1-3, Block 1, B & G Addition and make a recommendation to the City Council. 3. Consider the final plat of Lots 1-3, Block 1, B & G Addition and make a recommendation to the City Council. 4. Consider Zoning Application Z05-08 (City of Grapevine) and make a recommendation to the City Council. 5. Consider Conditional Use Application CU05-47 (Main Street Blues) and make a recommendation to the City Council. 6. Consider Conditional Use Application CU05-48 (Gourmet Concepts) and make a recommendation to the City Council. 7. Consider Conditional Use Application CU05-50 (Winery On Main) and make a recommendation to the City Council. 8. Consider Historic Landmark Application HL05-03 (Simmons House) and make a recommendation to the City Council. 9. Consider Historic Landmark Application HL05-05 (238 Austin Street) and make a recommendation to the City Council. CONSIDERATION OF MINUTES 10. Consider the minutes of the July 19 and July 26, 2005 Planning & Zoning Commission meetings and take any necessary action. Oft* ONNOP 11044* !PAWL • 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 12th day of August, 2005 at 5:00 p.m. - - i�. Ins: Huff City Secretary PARVIR V s 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 16th day of August, 2005 at 7:30 p.m. in the City Council Chambers, Second Floor, 200 South Main Street, with the following members of the City Council present to-wit: William D. Tate Mayor Ted R. Ware Mayor Pro Tem Sharron Spencer Council Member C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Herbert Fry Vice Chairman Chris Coy Member 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 Acting City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Jennifer Hibbs Assistant to the City Manager CALL TO ORDER Mayor Tate called the meeting to order at 7:50 p.m. INVOCATION Commissioner Fry delivered the Invocation. 08/16/05 ITEM 1. PRESENTATION, PROCLAMATION HONORING COLBY BLACK AND BROOKS CROCKER Mayor Tate presented a proclamation honoring Colby Black and Brooks Crocker for their heroism on June 12, 2005. The two nine-year old Grapevine boys had the opportunity and fearlessly came to the aid of their friend, Mr. Jim Cowsert, who suffered chest pains and severe leg cramps while on an outing at Grapevine Lake. The two young men went to the aid of Mr. Cowsert and shared their flotation devices with him to bring him safely to the shore. ITEM 2. PUBLIC HEARING, ZONING APPLICATION Z05-07 MR. DINO IDOSKI Mayor Tate declared the public hearing open. Planner Ron Stombaugh reported Zoning Application Z05-07 had been filed by Mr. Dino Idoski requesting rezoning of approximately 0.72 acres from "R-20" Single Family District to "R-7.5" Single Family District. The subject property is located east of the northeast corner of South Gravel Road and Lonesome Dove Road. Mr. Stombaugh advised three residential lots were proposed at 10,455 square feet for each lot. Mr. Dino Idoski 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 two letters of support for the application. Commissioner Coy, seconded by Commissioner Wilson, 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, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 3. PUBLIC HEARING, ZONING APPLICATION Z05-08 CITY OF GRAPEVINE Note: Council Member Spencer left the Council Chambers Mayor Tate declared the public hearing open. 2 08/16/05 Planner Stombaugh advised that Zoning Application Z05-08 had been filed by the City of Grapevine requesting rezoning of approximately 12.49 acres from "PID" Planned Industrial Development to "CC" Community Commercial District Regulations. The property is located on the northeast corner of Genesis Way and State Highway 121. 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 a letter from Texas Department of Transportation regarding the right-of-way. 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 Freed, seconded by Mayor Pro Tern Ware, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer Note: Council Member Spencer returned to the Council Chambers. ITEM 4. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU05-47 MAIN STREET BLUES Mayor Tate declared the public hearing open. Planner Stombaugh advised Conditional Use Application CU05-47 had been filed by Main Street Blues requesting a conditional use permit to amend the site plan approved by Ordinance No. 2004-86 for expansion of an existing restaurant with the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages). The subject property is located at 814 and 816 South Main Street and is zoned "CBD" Central Business District. Mr. Stombaugh advised the restaurant has a maximum occupancy of 392 persons and parking required for the restaurant totals 131 spaces. There are 71 spaces immediately to the north on the Heritage Foundation property and the parking lot on the north side of Dallas Road totals 106 spaces. Ms. Monica Guzman requested favorable consideration of the application noting that the expansion would assist in accommodating corporate parties, as well as regular business. 3 08/16/05 Discussion by the City Council and the Planning &Zoning Commission ensued relative to the restaurant's valet parking being utilized on public parking. Ms. Guzman responded that she would work with the City regarding the valet parking. She also commented that she was willing to possibly share the costs for future lighting of the parking lot. 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 Coy, 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 Wilbanks, 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 & Freed Nays: None ITEM 5. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU05-48 GOURMET CONCEPTS Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU05-48 had been filed by Gourmet Concepts requesting a conditional use permit for the possession, storage, retail sale and on- and off-premise consumption of alcoholic beverages (wine only) in conjunction with a winery. The subject property is located at 413 South Main Street and is zoned "CBD" Central Business District. Ms. Candice Hunter 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 Coy, seconded by Commissioner Fry, 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 4 08/16/05 Mayor Pro Tern 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 & Freed Nays: None ITEM 6. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU05-50 WINERY ON MAIN Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU05-50 had been filed by Winery On Main requesting a conditional use permit to allow the possession, storage, retail sale and on- and off-premise consumption of alcoholic beverages (wine only) in conjunction with a winery. The property is located at 420 South Main Street and is zoned "CBD" Central Business District. Mr. Gary Farina 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 Lowery, 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 Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 7. PUBLIC HEARING, HISTORICAL LANDMARK APPLICATION HL05-03 CITY OF GRAPEVINE (SIMMONS HOUSE) Mayor Tate declared the public hearing open. Planner Stombaugh reported Historical Landmark Application HL05-03 had been filed by the City of Grapevine requesting a historical landmark sub-district overlay on the Simmons House located at 702 East Northwest Highway. The property is zoned "HC" Highway Commercial District. 5 08/16/05 There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. Mr. Tim Bowling, 504 South Dooley, and Mr. Bart Adams (property owner), 3526 Barberry Road, questioned what the historical overlay specifically meant, how would it affect selling the property, how it would affect the future development of the property and the future use of the property. They expressed concern that the historical overlay might not be the best use of the entire property from this day forward. City Secretary Huff reported the Council and Commission had been copied the one letter of support for the application. 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 Council Member Freed stated she was reluctant to close the public hearing with the property owner having questions regarding the historical overlay. Following brief discussion, Commissioner Undersander, seconded by Commissioner St. John, offered a motion to reopen the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Wilson, Undersander, St. John & Lowery Nays: None Absent: Murray Mr. Adams stated his concern that the overlay would be over the entire property and does not want any future development to be impacted by the historical overlay. He requested the public hearing be tabled to a future meeting. Mayor Pro Tem Ware stated the Historic Preservation Commission had conducted a public hearing on the case and there was no one present representing the property owner. He stated the house was very important to the history of Grapevine and should remain as it is. He noted the remainder of the property could be developed in a manner compatible with the surrounding uses and that the historical overlay is on the exterior appearance of the building not the use. Commissioner Coy, seconded by Commissioner St. John, offered a motion to continue the public hearing to the September 20, 2005 meeting. The motion prevailed by the following vote: 6 08/16/05 Ayes: Oliver, Coy, Fry, Wilson, St. John & Lowery Nays: Undersander Absent: Murray Council Member Freed, seconded by Council Member Johnson, offered a motion to continue the public hearing to the September 20, 2005 meeting. The motion prevailed by the following vote: Ayes: Tate, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: Ware Mayor Tate announced there would not be any additional notice to the adjacent property owners regarding the application. ITEM 8. PUBLIC HEARING, HISTORICAL LANDMARK APPLICATION HL05-04 420 EAST WALL STREET Mayor Tate declared the public hearing open. Planner Stombaugh advised that the new owners of 420 East Wall Street, Mr. and Mrs. Norman Barfield, had requested Historical Landmark Application HL05-04 for a historical landmark sub-district overlay on 420 East Wall Street be tabled to the September 20, 2005 meeting. The property is zoned "R-7.5" Single Family District Regulations. Commissioner Coy, seconded by Commissioner Fry, offered a motion to table the public hearing to the September 20, 2005 meeting. 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 Stewart, offered a motion to table the public hearing to the September 20, 2005 meeting. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Mayor Tate announced there would not be any additional notice to adjacent property owners regarding the application. ITEM 9. PUBLIC HEARING, HISTORICAL LANDMARK APPPLICATION HL05-05 238 AUSTIN STREET Mayor Tate declared the public hearing open. 7 08/16/05 Planner Stombaugh advised Historical Landmark Application HL05-05 had been filed by Nosa and Anne Evbuomonan requesting a historical landmark sub-district overlay on 238 Austin Street. The property is zoned "R-7.5" Single Family District Regulations. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak. City Secretary Huff reported the Council and Commission had been copied the one letter of support for the application. Commissioner Fry, seconded by Commissioner Coy, 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 Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RECESS AND RECONVENE Mayor Tate announced the Planning & Zoning Commission would recess to the Planning & Zoning Conference Room to consider published business. The City Council remained in session in the Council Chambers to consider published business. ITEM 10. RESOLUTION, ACCEPTING 2005 CERTIFIED TAX ROLL Administrative Services Director William Gaither requested approval of a resolution accepting the Certified Tax Roll having a total appraised value of$6,223,851,162.00 with exemptions of $980,372,525.00 for a net taxable value of $5,243,478,637.00. The new construction value included in the net taxable value amount is $89,497,962.00. The adjusted taxable value for 2005, which consists of the total appraised value, including minimum values pending before the Appraisal Review Board and properties not on the tax roll, less new construction is $4,819,331,298.00. The adjusted taxable value is used for effective tax rate calculations. The effective tax rate (that will produce the same revenue as last year's rate) is $0.365850. Council Member Spencer, seconded by Council Member Freed, offered a motion to adopt the resolution as presented. The motion prevailed by the following vote: 8 08/16/05 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2005-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS APPROVING THE TAX ROLL FOR 2005 ON PROPERTY WITHIN THE CITY; AND PROVIDING AN EFFECTIVE DATE ITEM 11. ORDINANCE, AMEND CHAPTER 23 TRAFFIC TURNS PROHIBITED Traffic Manager Ramana Chinnakotla recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 23 Traffic, Section 23-34, Turns Prohibited to establish a Right Turn on Red restriction for southbound Dove Loop traffic at the intersection with Dove Road, and northbound and southbound on Main Street at Worth Street. Council Member Spencer, seconded by Council Member Freed, offered a motion to adopt the ordinance as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2005-58 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 23 TRAFFIC, SECTION 23-34, RIGHT TURNS PROHIBITED; AUTHORIZING THE ERECTION OF TRAFFIC REGULATION SIGNS; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 12. ORDINANCE, AMEND CHAPTER 23 TRAFFIC STOP SIGNS Traffic Manager Chinnakotla recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 23 Traffic to add stop signs at various locations in the City of Grapevine. Mayor Pro Tern Ware, seconded by Council Member Stewart, offered a motion to adopt 44 4 9 08/16/05 the ordinance as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2005-59 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 23 TRAFFIC, SECTION 23-30 RELATIVE TO STOP INTERSECTIONS; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 13. ORDINANCE, ABANDON UTILITY EASEMENT, GRAPEVINE LAKE ESTATES ADDITION Deputy Director of Public Works Stan Laster recommended approval of an ordinance wow abandoning a four-foot wide portion of a ten-foot wide utility easement for a total abandonment of 763 square feet located in Lot 17, Block 10, Grapevine Lake Estates Addition. Council Member Johnson, seconded by Council Member Spencer, offered a motion to adopt the ordinance as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2005-60 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 14. AUTHORIZE RIVERWALK APARTMENTS WATER AND WASTEWATER LINE OVERSIZING REIMBURSEMENT Deputy Director of Public Works Laster recommended approval of water and wastewater 10 08/16/05 line oversizing reimbursement to Verde Apartment Communities Construction, L.P., in association with the development of the Riverwalk Apartments in the amount of $105,537.50. This includes boring beneath FM 2499 in association with the development of the apartments along the east side of FM 2499 north of Denton Creek. Council Member Freed, seconded by Council Member Johnson, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None CONSENT AGENDA The next order of business for the City Council was to consider the consent agenda items, which were deemed to need little or no discussion and were acted upon as one business item. Mayor Tate asked if there was any member of the audience or the City Council who wished to remove an item from the consent agenda for full discussion. Council Member Spencer removed Item 18 Resolution, Declare Ambulance Surplus Property. Item 15. Adopt-A-Park Agreement, Matthew Goldberg Family and Friends Parks & Recreation Director recommended approval of an Adopt-a-Park Agreement with the Matthew Goldberg Family and Friends for Dove Crossing Park. Motion by Council Member Stewart, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 16. Postpone Sale of Combination Tax and Revenue Certificates of Obligation, Series 2005 Administrative Services Director recommended approval of postponing action on the sale of$2,070,000.00 of Combination Tax and Revenue Certificates of Obligation, Series 2005, until October 18, 2005. Motion by Council Member Stewart, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 17. Ordinance, Grant Municipal Consent Agreement, AboveNet Communications, Inc. 11 08/16/05 Public Works Director recommended approval of an ordinance granting a Municipal Consent Agreement to AboveNet Communications, Inc. for access to City right-of-way. Motion by Council Member Stewart, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2005-61 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, GRANTING A MUNICIPAL CONSENT AGREEMENT WITH ABOVENET COMMUNICATIONS, INCORPORATED TO PROVIDE TELECOMMUNICATIONS SERVICES WITHIN THE CITY OF GRAPEVINE, PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. ITEM 18. RESOLUTION, DECLARE AMBULANCE AS SURPLUS This item was removed from the consent agenda and discussed after Item 26. Council Member Freed commended Mr. Bill Bimmerman for his work with the Grapevine Citizens Fire Academy Alumni. The 501 (c)(3) volunteer group was recognized for their dedication and support of the Grapevine's Fire Rescue Department. Council Member Wilbanks, seconded by Council Member Spencer, offered a motion for approval of a resolution declaring a 1998 Chevrolet ambulance as surplus and authorizing donation of the ambulance to the Grapevine Citizens Fire Academy Alumni. Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2005-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, DECLARING CERTAIN PROPERTY SURPLUS AND/OR SALVAGE; PROVIDING FOR THE DONATION OF SAID PROPERTY TO THE GRAPEVINE CITIZENS FIRE ACADEMY ALUMNI; AND PROVIDING AN EFFECTIVE DATE Item 19. Award Bid 226-2005 Water Meters Annual Contract Public Works Director recommended approval of the award of Bid 226-2005 Water Meters Annual Contract to Hersey Meters. 12 08/16/05 Motion by Council Member Stewart, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 20. Reject All Bids for Trailer Mounted Generator Set Public Works Director recommended approval of the rejection of all bids received for a trailer mounted generator set. Motion by Council Member Stewart, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 21. Authorize Purchase of Computers, Grapevine Library Library Director recommended approval of the purchase of replacement computers for the Grapevine Library from Able Electronics in the amount of$24,519.80. Motion by Council Member Stewart, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 22. Award Bid 234-2005 Horticultural Chemicals Annual Contract Parks & Recreation Director recommended approval of the award of Bid 234-2005 Horticultural Chemicals Annual Contract to Estes, Inc.; Lesco, Inc.; Verdigon, Inc.; BWI Industries; Red River Specialties; Justin Seed Co., and Green Industries. Motion by Council Member Stewart, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 23. Resolution, Declare Certain Vehicles and Equipment as Surplus Administrative Services Director recommended approval of a resolution declaring certain vehicles and equipment as surplus and authorizing their sale through public auction. Motion by Council Member Stewart, seconded by Council Member Wilbanks, to approve 13 08/16/05 as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2005-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, DECLARING CERTAIN PROPERTY SURPLUS AND/OR SALVAGE AND PROVIDING FOR THE AUTHORIZATION TO DISPOSE OF SAID PROPERTY AT AUCTION AND PROVIDING AN EFFECTIVE DATE Item 24. Resolution, Sole Source Provider, Service and Maintenance for Software Licenses Acting City Manager recommended approval of declaring SHI-Government Solutions Company a sole source provider for the purchase of a service and maintenance contract covering various software licenses in an amount not to exceed $21,678.23. Motion by Council Member Stewart, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed ... Nays: None RESOLUTION NO. 2005-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO THE PURCHASE OF A MAINTENANCE AGREEMENT; DETERMINING THAT THE MAINTENANCE IS AVAILABLE FROM ONLY ONE SOURCE AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS AND DOCUMENTS AND PROVIDING AN EFFECTIVE DATE Item 25. Resolution, Adopt National Incident Management System Fire Chief recommended approval of a resolution adopting the National Incident Management System (NIMS) as the standard for incident management. Motion by Council Member Stewart, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None 14 08/16/05 RESOLUTION NO. 2005-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE STANDARD FOR INCIDENT MANAGEMENT BY THE CITY OF GRAPEVINE AND PROVIDING AN EFFECTIVE DATE Item 26. Consideration of Minutes City Secretary recommended approval of the minutes of the July 19, 2005 City Council meetings as published. Motion by Council Member Stewart, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RECESS AND RECONVENE 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. ITEM 27. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z05-07 MR. DINO IDOSKI Chairman Oliver reported the Planning & Zoning Commission voted 7-0 relative to Zoning Application Z05-07 filed by Mr. Dino Idoski granting rezoning of approximately 0.72 acres from "R-20" Single Family District to "R-7.5" Single Family District. The subject property is located east of the northeast corner of South Gravel Road and Lonesome Dove Road. Mayor Pro Tern Ware, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation and approve the ordinance granting the rezoning. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2005-62 AN ORDINANCE AMENDING ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE OF GRAPEVINE, TEXAS, GRANTING ZONING CHANGE Z05-07 ON A TRACT OF LAND OUT OF THE L. LINCOLN SURVEY, ABSTRACT 15 08/16/05 NO. 981, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "R-20" SINGLE FAMILY DISTRICT REGULATIONS TO "R-7.5" SINGLE FAMILY DISTRICT REGULATIONS; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 28. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT LOTS 1-3, BLOCK 1, B & G ADDITION Now Chairman Oliver reported the Planning &Zoning Commission voted 7-0 for approval of the Statement of Findings and the preliminary plat of Lots 1-3, Block 1, B & G Addition. The IOW 0.72 acre property is being platted for a residential development and is located east of Lonesome Dove Road on the north side of South Gravel Circle. Council Member Wilbanks, seconded.by Council Member Johnson, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the preliminary plat of Lots 1-3, Block 1, B & G Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 29. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1-3, BLOCK 1, B & G ADDITION Chairman Oliver reported the Planning &Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 1-3, Block 1, B & G Addition. The 0.72 acre property is being platted for a residential development and is located east of Lonesome Dove Road on the north side of South Gravel Circle. Council Member Johnson, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the 16 08/16/05 final plat of Lots 1-3, Block 1, B & G Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 30. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z05-08 CITY OF GRAPEVINE Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Zoning Application Z05-08 filed by the City of Grapevine granting rezoning of approximately 12.49 acres from "PID" Planned Industrial Development to "CC" Community Commercial District Regulations. The property is located on the northeast corner of Genesis Way and State Highway 121. Council Member Stewart, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation and approve the ordinance granting the rezoning. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Abstain: Spencer ORDINANCE NO. 2005-63 AN ORDINANCE AMENDING ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE OF GRAPEVINE, TEXAS, GRANTING ZONING CHANGE Z05-08 ON A TRACT OF LAND OUT OF THE JAMES GIBSON SURVEY, ABSTRACT NO. 586 AND THE HENRY SUGGS SURVEY, ABSTRACT NO. 1415, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "PID" PLANNED INDUSTRIAL DEVELOPMENT DISTRICT TO "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A 17 08/16/05 SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 31. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU05-47 MAIN STREET BLUES Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU05-47 filed by Main Street Blues granting a conditional use permit to amend the site plan approved by Ordinance No. 2004-86 for expansion of an existing restaurant with the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages). The subject property is located at 814 and 816 South Main Street. Council Member Freed, seconded by Council Member Wilbanks, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2005-64 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 CU05-47 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2004-86 FOR EXPANSION OF A RESTAURANT WITH THE POSSESSION, STORAGE, RETAIL SALE AND ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES), IN A DISTRICT ZONED "CBD" CENTRAL BUSINESS DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)AND A SEPARATE 18 08/16/05 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 CONDITIONAL USE APPLICATION CU05-48 GOURMET CONCEPTS Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU05-48 filed by Gourmet Concepts granting a conditional use permit for the possession, storage, retail sale and on- and off-premise consumption of alcoholic beverages (wine only) in conjunction with a winery. The subject property is located at 413 South Main Street. Council Member Freed, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2005-65 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 CU05-48 FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON- AND OFF-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (WINE ONLY) IN CONJUNCTION WITH A WINERY, IN A DISTRICT ZONED "CBD" CENTRAL BUSINESS DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR 19 08/16/05 ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 33. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU05-50 WINERY ON MAIN Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU05-50 filed by Winery On Main granting a conditional use permit for the possession, storage, retail sale and on- and off-premise consumption of alcoholic beverages (wine only) in conjunction with a winery. The property is located at 420 South Main Street. Council Member Johnson, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2005-66 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE .o. OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU05-50 FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON- AND OFF-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (WINE ONLY) IN CONJUNCTION WITH A WINERY, IN A DISTRICT ZONED "CBD" CENTRAL BUSINESS DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE 20 08/16/05 ITEM 34. PLANNING & ZONING COMMISSION RECOMMENDATION HISTORICAL LANDMARK APPLICATION HL05-03 SIMMONS HOUSE There was no action taken by the City Council or the Planning & Zoning Commission relative to Historical Landmark Application HL05-03 (Simmons House) as the public hearing was continued to the September 20, 2005 meeting. ITEM 35. PLANNING & ZONING COMMISSION RECOMMENDATION HISTORICAL LANDMARK APPLICATION HL05-05 238 AUSTIN STREET Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Historical Landmark Application HL05-05 filed by Nosa and Anne Evbuomonan granting a Historical Landmark sub-district overlay on 238 Austin Street and adoption of The Nosa and Anne Evbuomonan Residence Design Guidelines. Council Member Spencer, seconded by Mayor Pro Tern Ware, offered a motion to accept the Commission's recommendation and approve the ordinance granting the historical sub- district overlay. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2005-67 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DESIGNATING A HISTORIC LANDMARK SUBDISTICT HL05-05 IN ACCORDANCE WITH SECTION 39 OF ORDINANCE NO. 82-73 (APPENDIX "D" OF THE CODE OF ORDINANCES), DESIGNATING THE AREA PLATTED AS THE SOUTH ONE-HALF OF LOTS 7 AND 8, BLOCK 104, COLLEGE HEIGHTS ADDITION AND MORE SPECIFICALLY DESCRIBED HEREIN, IN A DISTRICT ZONED "R-7.5" SINGLE FAMILY DISTRICT REGULATIONS; PROVIDING FOR THE ADOPTION OF THE 238 AUSTIN STREET HISTORIC DISTRICT DESIGN GUIDELINES; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE 21 08/16/05 ADJOURNMENT Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 9:05 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of September, 2005. APPROVED: William D. Tate Mayor ATTEST: mpg c24.;_ext., Linda Huff 40 City Secretary 22