Loading...
HomeMy WebLinkAbout2005-09-20 Joint Meeting AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, SEPTEMBER 20, 2005 AT 6:30 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET DINNER WITH LEADERSHIP GRAPEVINE AT 6:00 P.M. — BREAKROOM CALL TO ORDER EXECUTIVE SESSION 1. City Council to conduct a closed session relative to: A. Personnel relative to City Manager position pursuant to Section 551.074, Texas Government Code. B. 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 personnel and conference with employees under Sections 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 16th day of September, 2005 at 5:00 p.m. Lid 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 20th day of September, 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 Matthew Boyle Assistant City Attorney Linda Huff City Secretary Jennifer Hibbs Assistant to the City Manager CALL TO ORDER Mayor Tate called the meeting to order at 6:50 p.m. ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding: (A) Personnel relative to City Manager position pursuant to Section 551.074,Texas Government Code; (B) 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. First discussed was Item (B). The City Council then recessed the closed session to conduct the Regular City Council agenda with Mayor Tate announcing the City Council would continue the closed session after the Regular City Council meeting. Upon reconvening in open session in the Council Chambers, all members of the City Council were present. Mayor Tate asked if there was any action necessary relative to the 09/20/05 closed session. Acting City Manager Bruno Rumbelow requested approval of a resolution authorizing the City Manager to execute a Chapter 380 Economic Development Program and Incentive Agreement with Great Wolf Resorts, Inc. on a 50 acre tract located at State Highway 26 and Business 114 in Grapevine. Council Member Spencer, seconded by Mayor Pro Tern Ware, offered a motion to adopt the resolution as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2005-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CHAPTER 380 ECONOMIC DEVELOPMENT PROGRAM AND INCENTIVE AGREEMENT WITH GREAT WOLF RESORTS, INC. AND ALL OTHER RELATED INSTRUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE Note: City Council continued with the Regular City Council meeting in open session in the Council Chambers. RECESS AND RECONVENE Mayor Tate stated the City Council would take a brief recess and reconvene in the City Council Conference room to continue the closed session relative to Personnel. Upon reconvening in the Council Chambers, all members of the City Council were present. Mayor Tate asked Council Member Wilbanks if there was any action necessary relative to the closed session regarding personnel. Council Member Wilbanks stated there was no action necessary, that it was discussed that the Acting City Manager's role with the community is an on-going process and will be continued with future discussions. ADJOURNMENT Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 10:20 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 11th day of October, 2005. 2 09/20/05 APPROVED: William D. Tate Mayor ATTEST: ("60.4.;(4., gitee Linda Huff City Secretary 3 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL & PLANNING & ZONING COMMISSION MEETING TUESDAY, SEPTEMBER 20, 2005 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER INVOCATION: Commissioner Danette Murray PRESENTATION 1. Mayor Tate to recognize Leadership Grapevine 2005. JOINT PUBLIC HEARINGS 2. City Council and Planning & Zoning Commission to continue a public hearing relative to Historical Landmark Application HL05-03 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. The public hearing was continued from the August 16, 2005 meeting. 3. City Council and Planning &Zoning Commission to conduct a public hearing relative to 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 historical landmark sub-district overlay on 420 East Wall Street. The property is zoned "R-7.5" Single Family District Regulations. 4. City Council and Planning &Zoning Commission to conduct a public hearing relative to Zoning Application Z05-10 and the application for the final plat of Lot 1, Block 1, Hasten Addition being a replat of Lot A, Hasten Addition and Lot 1R, Block 1, Omni American Federal Credit Union. The applications were filed by Fairfield on Main Street requesting rezoning of approximately 5.519 acres located at 925 South Main Street from "HCO" Hotel and Corporate Office and "LI" Light Industrial District to "MXU" Mixed Use District for development of residential, retail space and a parking garage. 5. City Council and Planning &Zoning Commission to conduct a public hearing relative to Zoning Application Z05-11 filed by the City of Grapevine requesting rezoning of approximately 3.0 acres located at 501 Shady Brook Drive from "R-MH" Manufactured Home District Regulations to "GU" Government Use District for expansion of the City's service center. 6. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU05-51 filed by Grapevine Mills/Horchow requesting a conditional use permit to amend the site plan approved by Ordinance No. 2005-20 for an expansion of retail space to the Grapevine Mills Mall located a 3000 Grapevine Mills Parkway. The subject property is zoned "CC" Community Commercial District Regulations. Q1.3,f& A.1 7. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU05-52 filed by Indoor Golf requesting a conditional use permit for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant and indoor golf facility. The subject property is located at 2040 North State Highway 121 and is zoned "CC" Community Commercial 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 16th day of September, 2005 at 5:00 P.m. i .Aim.. _ �_ ,/� Lin. . Huff if City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, SEPTEMBER 20, 2005 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CITIZEN COMMENTS PRESENTATION 8. Staff to brief City Council relative to Texas Commission on Environmental Quality Municipal Setting Designation process. PUBLIC HEARINGS 9. City Council to conduct a public hearing relative to Move-In Building Application MIB05-01 filed by Heritage United Methodist Church to move one structure of approximately 1, 440 square feet to 4344 Heritage Avenue; consider a resolution authorizing said application and take any necessary action. 10. City Council to conduct a public hearing relative to Move-In Building Application MIB05-02 filed by Visions Southwest 40 L. P. to move a structure to 4101 William D. Tate Avenue; consider a resolution authorizing said application and take any necessary action. NEW BUSINESS 11. Consider a resolution directing publication of a Notice of Intention to issue Certificates of Obligation and take any necessary action. 12. Consider a reimbursement resolution and take any necessary action. 13. Consider a resolution authorizing the purchase of a mobile surveillance system for the Police Department and take any necessary action. 14. Consider an ordinance regulating the use of tourism vehicles in the public right of way and take any necessary action. 15. Consider moving the October 4, 2005 City Council meeting to October 11, 2005 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. 16. Consider award of Bid 238-2005 Asphalt Material Annual Contract to Southern Asphalt and Petroleum. Public Works Director recommends approval. 17. Consider renewal of Bid 131-2002 Asphalt Milling Services Annual Contract to Dustrol, Inc. Public Works Director recommends approval. 18. Consider a change order to Bid 215-2005 Classic Chevrolet for a replacement vehicle for the Police Department. Police Chief recommends approval. 19. Consider the minutes of the September 6 and 13, 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 20. Consider the recommendation of the Planning & Zoning Commission relative to Historical Landmark Application HL05-03 (City of Grapevine) and a subsequent ordinance, if applicable. 21. Consider the recommendation of the Planning & Zoning Commission relative to Historical Landmark Application HL05-04 (420 East Wall Street) and a subsequent ordinance, if applicable. 22. Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z05-10 (Fairfield on Main Street) and a subsequent ordinance, if applicable. 23. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lot 1, Block 1, Hasten Addition and take any necessary action. 24. Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z05-11 (City of Grapevine) and a subsequent ordinance, if applicable. 25. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU05-51 (Grapevine Mills/Horchow) and a subsequent ordinance, if applicable. 26. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU05-52 (Dallas Indoor Golf) and a subsequent ordinance, if applicable. --ray e„i /:3 Cps 27. Consider the recommendation of the Planning &Zoning Commission relative to the final plat of Lot 1, Block 3, Stone Myers Business Park 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 City Council Meeting Agenda was prepared and posted on this the 16th day of September, 2005 at 5:00 p.m. c,sls� Lin Huff City Secretary AGENDA CITY OF GRAPEVINE SPECIAL BRIEFING SESSION PLANNING & ZONING COMMISSION TUESDAY, SEPTEMBER 20, 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 September 20, 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 16th day of September, 2005 at 5:00 p.m. /- Lind Hu- I' City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, SEPTEMBER 20, 2005 AT 7:30 P.M. PLANNING & ZONING COMMISSION CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET NEW BUSINESS 1. Consider Historical Landmark Application HL05-03 (City of Grapevine) and make a recommendation to the City Council. 2. Consider Historical Landmark Application HL05-04 (420 East Wall Street) and make a recommendation to the City Council. 3. Consider Zoning Application Z05-10 (Fairfield on Main Street) and make a recommendation to the City Council. 4. Consider the final plat of Lot 1, Block 1, Hasten Addition and make a recommendation to the City Council. 5. Consider Zoning Application Z05-11 (City of Grapevine) and make a recommendation to the City Council. 6. Consider Conditional Use Application CU05-51 (Grapevine Mills/Horchow) and make a recommendation to the City Council. ems' ' / c/ s .U.,1 7. Consider Conditional Use Application CU05-52 (-Brilas Indoor Golf) and make a recommendation to the City Council. 8. Consider the final plat of Lot 1, Block 3, Stone Myers Business Park and make a recommendation to the City Council. CONSIDERATION OF MINUTES 9. Consider the minutes of the August 16, 2005 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 16th day of September, 2005 at 5:00 p.m. .c, Lind Huff 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 20th day of September, 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 Chris Coy Member Danette Murray Member Betty "BJ" Wilson Member Becky St. John Member Mark Lowery Alternate Andrea Roy Alternate constituting a quorum, with Commissioner Herb Fry and Commissioner Rob Undersander absent, with the following members of the City Staff: Bruno Rumbelow Acting City Manager Matthew Boyle Assistant City Attorney Linda Huff City Secretary Jennifer Hibbs Assistant to the City Manager CALL TO ORDER Mayor Tate called the meeting to order at 7:40 p.m. INVOCATION Commissioner Murray delivered the Invocation. 09/20/05 ITEM 1. PRESENTATION, LEADERSHIP GRAPEVINE 2005 Mayor Tate recognized the participants in the Leadership Grapevine 2005 class that is sponsored by the Grapevine Chamber of Commerce. The program is designed to foster current and emerging leaders in the community. ITEM 1A. PRESENTATION TO RED CROSS Mayor Tate presented the American Red Cross Hurricane Katrina Relief Fund, represented by Mr. Dennis Carpenter, a check in the amount of$21,301.20. The funds were raised by City employees, acting in a volunteer capacity, at GrapeFest. ITEM 2. PUBLIC HEARING, HISTORICAL LANDMARK APPLICATION HL05-03 CITY OF GRAPEVINE Mayor Tate declared the public hearing open that was continued from the August 16, 2005 meeting. Planner Ron 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. Mr. Stombaugh reported the public hearing was continued WNW from the August 16, 2005 meeting at the applicant's request to further clarify the implications of the historic overlay on the property. Development Services Director H. T. Hardy advised that he had met with Mr. Bart Adams, the property owner, to discuss that the overlay would apply to the entire property. But that in the future, if the property were to be subdivided, the historic overlay and accompanying preservation criteria may be amended by the Commission and the City Council to apply only to that portion of the property that contains the Simmons House. 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 Murray, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Murray, Wilson, St. John, Lowery & Roy Nays: None Absent: Fry & Undersander Council Member Stewart, seconded by Council Member Spencer, offered a motion to close the public hearing. The motion prevailed by the following vote: 2 09/20/05 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 3. PUBLIC HEARING, HISTORICAL LANDMARK APPLICATION HL05-04 CRAIG AND GEORGE HURST Mayor Tate declared the public hearing open. Planner Stombaugh reported Historical Landmark Application HL05-04 had been filed by Craig and George Hurst requesting a historical landmark sub-district overlay on 420 East Wall Street. The property is zoned "R-7.5" Single Family District Regulations. Staff advised there had been meetings with the current property owner, Ms. Marcia Barfield, for clarification of the historic overlay for 420 East Wall Street. The Commission questioned the validity of the application as the previous property owners had filed the request. City Attorney Matthew Boyle stated that the change of owner does not affect the application. Development Services Director Hardy advised that the new property owners have accepted the overlay requirements. 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 Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Murray, Wilson, St. John, Lowery & Roy Nays: None Absent: Fry & Undersander Council Member Freed, seconded by Council Member Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 4. PUBLIC HEARING, ZONING APPLICATION Z05-10 FAIRFIELD ON MAIN STREET FINAL PLAT LOT 1, BLOCK 1, HASTEN ADDITION REPLAT OF LOT A, HASTEN ADDITION AND LOT 1R, BLOCK 1, OMNI AMERICAN FEDERAL CREDIT UNION Mayor Tate declared the public hearing open. Planner Stombaugh advised Zoning Application Z05-10 and the application for the final plat of Lot 1, Block 1, Hasten Addition being a replat of Lot A, Hasten Addition and Lot 1R, Block 1, Omni American Federal Credit Union had been filed by Fairfield on Main Street. The zoning application requests rezoning of approximately 5.519 acres located at 925 3 09/20/05 South Main Street from "HCO" Hotel and Corporate Office and "LI" Light Industrial District , to "MXU" Mixed Use District for development of residential, retail space and a parking garage. Mr. Paul Johnson reviewed the mixed use development and requested favorable consideration of the applications. It will consist of 20,200 square feet of ground floor retail in two separate buildings that will front South Main Street along with 251 apartment units that will be served by a five level parking garage containing 510 parking spaces. There were questions from the City Council and the Planning & Zoning Commission regarding accessibility of parking for retail customers and tenants, location of the dumpster and ingress and egress to the parking areas. Mayor Tate invited guests present to comment regarding the applications. There was no correspondence to report. Mr. Paul Shia, 218 East Dallas Road, questioned the screening between his property and the proposed development both during and after construction. Mr. Johnson advised there will be a privacy screening fence along the eastern property line and that the trees will be saved. Commissioner Murray, seconded by Commissioner Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Murray, Wilson, St. John, Lowery & Roy Nays: None Absent: Fry & Undersander Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 5. PUBLIC HEARING, ZONING APPLICATION Z05-11 CITY OF GRAPEVINE Mayor Tate declared the public hearing open. Planner Stombaugh advised Zoning Application Z05-11 had been filed by the City of Grapevine requesting rezoning of approximately 3.0 acres located at 501 Shady Brook Drive from "R-MH" Manufactured Home District Regulations to "GU" Government Use District for expansion of the City's service center. The zoning is based on the need to bring the zoning into compliance with the ownership and use of the subject property. There were no questions from the City Council or the Planning & Zoning Commission. 4 09/20/05 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 St. John, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Murray, Wilson, St. John, Lowery & Roy Nays: None Absent: Fry & Undersander Council Member Freed, 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 CU05-51 GRAPEVINE MILLS/HORCHOW Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU05-51 had been filed by Grapevine Mills/Horchow requesting a conditional use permit to amend the site plan approved by Ordinance No. 2005-20 for an expansion of approximately 15,000 square feet of retail space to the Grapevine Mills Mall located a 3000 Grapevine Mills Parkway. The subject property is zoned "CC" Community Commercial District Regulations. Mr. Hoyt Hammer requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak. City Secretary Huff reported the Council and Commission had been copied the one letter of support for the application. Commissioner Murray, seconded by Commissioner Roy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Murray, Wilson, St. John, Lowery & Roy Nays: None Absent: Fry & Undersander Council Member Johnson, seconded by Council Member Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: 5 09/20/05 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 7. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU05-52 TEXAS INDOOR GOLF Mayor Tate declared the public hearing open. Planner Stombaugh advised Conditional Use Application CU05-52 had been filed by Texas Indoor Golf requesting a conditional use permit for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant and indoor golf facility. The subject property is located at 2040 North State Highway 121 and is zoned "CC" Community Commercial District Regulations. Dr. Karl Sweetman 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 Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Murray, Wilson, St. John, Lowery & Roy Nays: None Absent: Fry & Undersander 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, Wilbanks, Johnson, Stewart & Freed Nays: None Abstain: Spencer 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. 6 09/20/05 ITEM 8. PRESENTATION, TEXAS COMMISSION ON ENVIRONMENTAL QUALITY MUNICIPAL SETTING DESIGNATION Public Works Director Matt Singleton briefed the City Council regarding the Municipal Setting Designation (MSD) process that enables public and private entities to develop or re-develop a piece of property that is impacted by a subsurface environmental contamination problem. The basic premise of the MSD process is that it allows potential development sites to be remediated to a lesser extent than would be required under current law. Specifically, in cases where a public water supply exists and the groundwater will not be used, under an MSD the applicant does not have to environmentally mitigate the site to the drinking water level. Should the Council choose to proceed with the MSD process, they would pass an ordinance setting the process for the consideration of MSD applications. Once a developer determines a potential site and makes application, the Council would look at that site and make a determination of whether to pass a support resolution and an ordinance restricting the use of groundwater on that site. There was no action taken by the City Council. ITEM 9. PUBLIC HEARING, MOVE-IN BUILDING APPLICATION MIB05-01 HERITAGE UNITED METHODIST CHURCH Mayor Tate declared the public hearing open. Assistant Director of Development Services Scott Williams reported Move-In Building Application MIB05-01 had been filed by Heritage United Methodist Church to move one structure of approximately 1,440 square feet to 4344 Heritage Avenue to be utilized as a classroom. The property is zoned "R-20" Single Family District Regulations. The building will comply with all codes and ordinances. Mr. Larry Johnson requested favorable consideration of the application. Council questioned how long the modular building would be utilized and Mr. Johnson responded there is not a set time, as it would be determined by the growth of the Church. Mayor Tate invited guests to speak regarding the application. No one wished to speak and there was no correspondence to report. Council Member Spencer, seconded by Council Member Freed, 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 Mayor Tate requested consideration of a resolution authorizing said application. 7 09/20/05 Council Member Freed, seconded by Council Member Johnson, offered a motion to approve the resolution. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2005-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS PROVIDING FOR THE ISSUANCE OF A PERMIT AUTHORIZING THE RELOCATION OF A BUILDING; PROVIDING FOR A NON-TRANSFERABLE PERMIT; PROVIDING A SITE PLAN AND PROVIDING AN EFFECTIVE DATE ITEM 10. PUBLIC HEARING, MOVE-IN BUILDING APPLICATION MIB05-02 VISIONS SOUTHWEST 40 L.P. Mayor Tate declared the public hearing open. Assistant Director of Development Services Williams reported Move-In Building Application MIB05-02 had been filed by Visions Southwest 40 L. P. to move 48 prefabricated building components to 4101 William D. Tate Avenue to be assembled to create a 25,100 square foot 2-story office building. The property is zoned "CC" Community Commercial District Regulations and the building construction will comply with adopted codes and ordinances. Mr. Nels Nelson requested favorable consideration of the application. It was noted the exterior of the building would be stone and stucco. Mayor Tate invited guests to speak regarding the application. No one wished to speak and there was no correspondence to report. 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 Mayor Tate requested consideration of a resolution authorizing said application. Council Member Freed, seconded by Mayor Pro Tern Ware, offered a motion to approve the resolution. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None 8 09/20/05 RESOLUTION NO. 2005-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS PROVIDING FOR THE ISSUANCE OF A PERMIT AUTHORIZING THE RELOCATION OF A BUILDING; PROVIDING FOR A NON-TRANSFERABLE PERMIT; PROVIDING A SITE PLAN AND PROVIDING AN EFFECTIVE DATE ITEM 11. RESOLUTION, DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION Note: Council Member Freed left the Council Chambers. Administrative Services Director Bill Gaither requested approval of a resolution directing publication of a Notice of Intention to issue Certificates of Obligation in the amount of $2,380,000.00. At the City Council meeting of July 5, 2005 the City Council authorized publication of a notice of intention to sell $2,070,000 of combination tax and revenue certificates of obligation for the purposes of construction of Lake Parks improvements and payment of capitalized interest related thereto. Due to the need to rebid the Lake Parks projects, the certificates of obligation sale was rescheduled for October 18, 2005. At the City Council meeting of September 6, 2005 the City Council authorized the purchase of certain property and improvements located at 608 and 624 Dooley Street in Grapevine near the Cotton Belt Railroad for$310,000 purchase price. The amount of that purchase has been added to the principle amount of the certificates of obligation to be issued in October. The new total is $2,380,000. The appropriate amount of Lake Parks revenue will be used to pay the Lake Parks portion of the debt. Hotel/motel tax revenues will be used to pay the Dooley Street property portion of the debt. Since the principle amount has changed, Bond Counsel has advised that a new notice of intention is required. Mayor Pro Tern Ware, seconded by Council Member Stewart, offered a motion to approve the resolution as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Absent: Freed RESOLUTION NO. 2005-44 A RESOLUTION RELATING TO THE GIVING OF NOTICE OF INTENTION TO ISSUE CITY OF GRAPEVINE, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2005A AND PROVIDING AN EFFECTIVE DATE Note: Council Member Freed returned to the Council Chambers. 9 09/20/05 ITEM 12. RESOLUTION, REIMBURSEMENT OF EXPENDITURES Administrative Services Director Gaither requested approval of a resolution expressing intent to finance expenditures to be incurred for the purchase of property and improvements located at 608 and 624 Dooley Street in the amount of $310,000.00. Approval of the resolution allows for expenditures for the purchase to be reimbursed from the proceeds of the sale of the certificates of obligation on October 18, 2005. Council Member Johnson, seconded by Council Member Spencer, offered a motion to approve the resolution as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2005-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS EXPRESSING INTENT TO FINANCE EXPENDITURES TO BE INCURRED FOR ACQUISITION OF LAND AND IMPROVEMENT ON DOOLEY STREET AND PROVIDING AN EFFECTIVE DATE ITEM 13. RESOLUTION, PURCHASE MOBILE SURVEILLANCE SYSTEM Police Chief Eddie Salame requested approval of a resolution authorizing the purchase of 0 ., a mobile Sky Watch Crime Deterrence and Surveillance System from New Heights Manufacturing, Inc. for the Police Department. The cost of the surveillance system is $55,699.20. Council Member Freed, seconded by Mayor Pro Tem Ware, offered a motion to approve the resolution as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2005-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO THE PURCHASE OF A MOBILE SURVEILLANCE SYSTEM FROM A SOLE SOURCE AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS AND DOCUMENTS AND PROVIDING AN EFFECTIVE DATE woo 10 09/20/05 ITEM 14. ORDINANCE, REGULATION OF TOURISM VEHICLES IN PUBLIC RIGHT OF WAY Assistant to the City Manager Jennifer Hibbs requested approval of an ordinance regulating the use of tourism vehicles in the public right of way. The proposal is an ordinance that provides procedures for regulating the operation, route, schedule, appropriate licenses and liability insurance for tourism vehicles. The application for a permit would be filed with the Police Chief, with the City Council retaining the right to approve or deny the application. Brief discussion ensued relative to the Gaylord Texan trolley. City Attorney Matthew Boyle stated the Gaylord Texan operates under a license agreement with the City. Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to approve the ordinance as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2005-72 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS ADOPTING REGULATIONS FOR TOURING AND SIGHTSEEING SERVICES; 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 15. MOVE FIRST MEETING IN OCTOBER, 2005 Council to consider moving the October 4, 2005 City Council meeting to October 11, 2005 as a quorum of the Council will not be present October 4. Council Member Johnson, seconded by Council Member Stewart, 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 11 09/20/05 item. Mayor Tate asked if there was any member of the audience or the City Council who .._, wished to remove an item from the consent agenda for full discussion. There were none. Item 16. Award Bid 238-2005 Asphalt Material Annual Contract Public Works Director recommended approval of the award of Bid 238-2005 Asphalt Material Annual Contract to Southern Asphalt and Petroleum. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 17. Renew Bid 131-2002 Asphalt Milling Services Annual Contract Public Works Director recommended renewal of Bid 131-2002 Asphalt Milling Services Annual Contract to Dustrol, Inc. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 18. Bid 215-2005 Classic Chevrolet, Change Order Police Chief recommended approval of a change order to Bid 215-2005 Classic Chevrolet for a replacement vehicle for the Police Department in an amount not to exceed $18,136.00. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 19. Consideration of Minutes City Secretary recommended approval of the minutes of the September 6 and 13, 2005 City Council meetings as published. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: 12 09/20/05 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 20. PLANNING & ZONING COMMISSION RECOMMENDATION HISTORICAL LANDMARK APPLICATION HL05-03 CITY OF GRAPEVINE Chairman Oliver reported the Planning & Zoning Commission voted 6-1 for approval of Historical Landmark Application HL05-03 filed by the City of Grapevine granting a historical landmark sub-district overlay on property located at 702 East Northwest Highway and adoption of the Simmons House Historic District Design Guidelines. Mayor Pro Tem Ware, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the ordinance granting the historical landmark sub-district overlay. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2005-73 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DESIGNATING A HISTORIC LANDMARK SUBDISTICT HL05-03 IN ACCORDANCE WITH SECTION 39 OF ORDINANCE NO. 82-73 (APPENDIX "D" OF THE CODE OF ORDINANCES), DESIGNATING LOT 2, BLOCK 1, PREMIER ADDITION AND MORE SPECIFICALLY DESCRIBED HEREIN, IN A DISTRICT ZONED "HC" HIGHWAY COMMERCIAL DISTRICT PROVIDING FOR THE ADOPTION OF THE SIMMONS HOUSE HISTORIC DISTRICT DESIGN GUIDELINES; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE 13 09/20/05 ITEM 21. PLANNING & ZONING COMMISSION RECOMMENDATION HISTORICAL LANDMARK APPLICATION HL05-04 CRAIG AND GEORGE HURST Chairman Oliver reported the Planning & Zoning Commission voted 6-1 for approval of Historical Landmark Application HL05-04 filed by Craig and George Hurst relative to 420 East Wall Street and adoption of the 420 East Wall Street Historic District Design Guidelines. Council Member Johnson, seconded by Mayor Pro Tern Ware, offered a motion to accept the Commission's recommendation and approve the ordinance granting the historical landmark sub-district overlay. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2005-74 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DESIGNATING A HISTORIC LANDMARK SUBDISTICT HL05-04 IN ACCORDANCE WITH SECTION 39 OF ORDINANCE NO. 82-73 (APPENDIX "D" OF THE CODE OF ORDINANCES), DESIGNATING LOT 5R, BLOCK 1, G. E. HURST ADDITION AND MORE SPECIFICALLY DESCRIBED HEREIN, IN A DISTRICT ZONED "R-7.5" SINGLE FAMILY DISTRICT REGULATIONS; PROVIDING FOR THE ADOPTION OF THE 420 EAST WALL 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 ITEM 22. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z05-10 FAIRFIELD ON MAIN STREET NNW Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Zoning Application Z05-10 filed by Fairfield on Main Street granting rezoning of Ok 14 09/20/05 approximately 5.519 acres located at 925 South Main Street from "HCO" Hotel and Corporate Office and "LI" Light Industrial District to "MXU" Mixed Use District for development of residential, retail space and a parking garage. Council Member Freed, seconded by Mayor Pro Tern Ware, offered a motion to accept the Commission's recommendation and approve the ordinance granting the rezoning. The motion prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Abstain: Tate ORDINANCE NO. 2005-75 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 Z05-10 ON A TRACT OF LAND OUT OF THE WILLIAM DOOLEY SURVEY, ABSTRACT NO. 422, 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 "HCO" HOTEL AND CORPORATE OFFICE DISTRICT AND "LI" LIGHT INDUSTRIAL DISTRICT TO "MXU" MIXED USE 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 ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 23. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1, BLOCK 1, HASTEN ADDITION A Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1, Block 1, Hasten Addition. The 5.511 acre property is located at the southeast corner of Main Street and Dallas Road and is being 15 09/20/05 platted for development of restaurants, shops and apartments. The applicant is Fairfield :$ Residential LLC. Council Member Stewart, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 1, Block 1, Hasten Addition. The motion prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Abstain: Tate ITEM 24. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z05-11 CITY OF GRAPEVINE Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Zoning Application Z05-11 filed by the City of Grapevine requesting rezoning of approximately 3.0 acres located at 501 Shady Brook Drive from "R-MH" Manufactured Home District Regulations to "GU" Government Use District for the expansion of the City's service center. Council Member Spencer, seconded by Council Member Freed, 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. 2005-76 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 Z05-11 ON A TRACT OF LAND OUT OF THE A. F. LEONARD SURVEY, ABSTRACT NO. 946, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "R-MH" MANUFACTURED HOME DISTRICT REGULATIONS TO "GU" GOVERNMENT USE DISTRICT 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 g..,. 16 09/20/05 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 25. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU05-51 GRAPEVINE MILLS/HORCHOW Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU05-51 filed by Grapevine Mills/Horchow granting a conditional use permit to amend the site plan approved by Ordinance No. 2005-20 for an expansion of retail space to the Grapevine Mills Mall located at 3000 Grapevine Mills Parkway. Council Member Wilbanks, 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. 2005-77 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 CU05-51 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2005-20 FOR AN EXPANSION TO A PLANNED COMMERCIAL CENTER IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT 17 09/20/05 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 26. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU05-52 TEXAS INDOOR GOLF Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU05-52 filed by Texas Indoor Golf requesting a conditional use permit for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant and indoor golf facility. The subject property is located at 2040 North State Highway 121. Council Member Freed, seconded by Mayor Pro Tern Ware, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Abstain: Spencer ORDINANCE NO. 2005-78 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN 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 CU05-52 FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON- PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) IN CONJUNCTION WITH A RESTAURANT AND AN INDOOR GOLF FACILITY, IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND ..: 18 09/20/05 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 27. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1, BLOCK 3, STONE MYERS BUSINESS PARK Chairman Oliver reported the Planning &Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1, Block 3, Stone Myers Business Park located east of State Highway 360 along Stone Myers Parkway. The 1.6 acre property is being platted for development of a business. Council Member Stewart, seconded by Council Member Wilbanks, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 1, Block 3, Stone Myers Business Park. The motion 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 and reconvene the closed session relative to Personnel, City Manager position, under Section 551.074, Texas Government Code. Upon reconvening in the Council Chambers, all members of the City Council were present. Mayor Tate asked Council Member Wilbanks if there was any action necessary relative to the closed session regarding personnel. Council Member Wilbanks stated there was no action necessary, that it was discussed that the Acting City Manager's role with the community is an on-going process and will be continued with future discussions. ADJOURNMENT Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 10:20 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 11th day of October, 2005. AA 19 09/20/05 APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary 20