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HomeMy WebLinkAbout2005-12-20 Joint Meeting AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, DECEMBER 20, 2005 AT 7:00 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER EXECUTIVE SESSION 1. City Council to conduct a closed session relative to: A. Conference with City Manager and Staff to discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate and expand in the City; with which businesses the City is conducting economic development negotiations pursuant to Section 551.087, Texas Government Code. City Council to reconvene in open session and take any necessary action relative to conference with employees under Section 551.087, Texas Government Code. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at (817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Special City Council Meeting Agenda was prepared and posted on this the 16th day of December, 2005 at 5:00 p.m. Jod . Brown Assistant 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 Special Joint Session (Executive Session) on this the 20th day of December, 2005 at 7:00 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street with the following members present to-wit: William D. Tate Mayor Ted R. Ware Mayor Pro Tern Sharron Spencer Council Member C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member 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 Danette Murray Member Betty "BJ" Nicholson Member Rob Undersander Member Becky St. John Member Mark Lowery Alternate Andrea Roy Alternate constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager H. T. Hardy Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:00 p.m. ITEM 1. EXECUTIVE SESSION — JOINT WITH THE PLANNING & ZONING COMMISSION Mayor Tate announced the City Council and the Planning & Zoning Commission would conduct a closed session regarding: 12/20/05 (A) discuss legal issues with the City Attorney on matters that the attorney is required by the Code of Professional Responsibility to provide on a confidential basis pursuant to Section 551.071(2), Texas Government Code. RECESS AND RECONVENE Mayor Tate announced the Planning & Zoning Commission would recess and reconvene in the Planning & Zoning Conference Room to consider published business. ITEM 1A. EXECUTIVE SESSION — CITY COUNCIL Mayor Tate announced the City Council would conduct a closed session regarding: (A) conference with City Manager and Staff to discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate and expand in the City; with which businesses the City is conducting economic development negotiations under Section 551.087, 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 sessions. City Manager Bruno Rumbelow stated there was no action necessary relative to the closed session under Sections 551.071(2) and 551.087, Texas Government Code. NOTE: City Council and Planning & Zoning Commission continued with the Regular City WPM Council meeting in open session in the Council Chambers. ADJOURNMENT Council Member Wilbanks, seconded by Council Member Freed, offered a motion to adjourn the meeting at 8:26 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 3rd day of January, 2006. APPROVED: William D. Tate Mayor 2 12/20/05 ATTEST: Lid Huff 541 City Secretary 3 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL PLANNING & ZONING COMMISSION MEETING TUESDAY, DECEMBER 20, 2005 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER INVOCATION: Commissioner Becky St. John JOINT PUBLIC HEARINGS 1. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU05-62 and Planned Development Overlay PD05- 06 filed by Lone Star Wine Cellars for property located at 201 East Franklin Street. The applicant is requesting a conditional use permit for the possession, storage and retail sale of on-premise and off-premise consumption of alcoholic beverages (wine only) in conjunction with a winery. The planned development overlay requests to waive the masonry requirement on the building. The subject property is zoned "CBD" Central Business District. 2. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU05-63 filed by the Bank of the West for property located at 108 West Northwest Highway. The applicant requests a conditional use permit for a drive through for a temporary bank building. The subject property is zoned "HC" Highway Commercial District. 3. City Council and Planning & Zoning Commission to conduct a public hearing relative to the application filed by Ms. Diana Henjum for the final plat of Lots 40R1 and 40R2, Block 4, Placid Peninsula Addition being a replat of Lot 40R, Block 4, Placid Peninsula Addition. The 0.456 acre property is located at 2837 Placid Circle and is zoned "R-7.5" Single Family District Regulations. 4. City Council and Planning & Zoning Commission to conduct a public hearing relative to the application filed by Innovative Developers, Inc. for the final plat of Lots 1R1 and 1R2, Block 1, Stone Addition being a replat of Lot 1, Block 1, Stone Addition. The 2.175 acre property is located on the south side of Northwest Highway and is zoned "HC" Highway Commercial District. END OF JOINT PUBLIC HEARINGS Planning & Zoning Commission to recess to Planning & Zoning Commission Conference Room, Second Floor to consider published agenda items. City Council to remain in session in the Council Chambers to consider published business. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at (817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Regular Joint City Council and Planning & Zoning Commission Meeting Agenda was prepared and posted on this the 16th day of December, 2005 at 5:00 p.m. deo 63,67,0■__ Jodi! Brown Assistant City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, DECEMBER 20, 2005 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CITIZEN COMMENTS PRESENTATION 5. Fire Chief Steve Bass to present the proposed Intermedix Program for EMS Patient Account Management. NEW BUSINESS 6. Consider a resolution authorizing Supplemental Agreement No. 1 — State Highway 121 Interlocal Agreement with Denton County and take any necessary action. 7. Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 23 Traffic relative to reducing speed limits on residential streets within the Heritage Place Addition 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. 8. Consider a resolution declaring Medtronic Emergency Response Systems as a sole source provider to upgrade existing cardiac monitor equipment. Fire Chief recommends approval. 9. Consider a resolution authorizing the purchase of two backhoes through an Interlocal Agreement with the Houston Galveston Area Council. Public Works Director recommends approval. 10. Consider a resolution authorizing the renewal of a maintenance agreement for all Geographic Information System Software with ESRI, Inc. City Manager recommends approval. 11. Consider the minutes of the December 5 and 6, 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 12. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use ApplicationCU05-59 (Bone Daddy's) and a subsequent ordinance, if applicable. (The item was tabled by the Planning & Zoning Commission at the November 15, 2005 meeting.) 13. Consider the recommendation of the Planning & Zoning Commission relative to Planned Development Overlay PD05-04 (Bone Daddy's) and a subsequent ordinance, if applicable. (The item was tabled by the Planning & Zoning Commission at the November 15, 2005 meeting.) 14. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lot 1, Block 1, Bone Daddy's Addition and take any necessary action. 15. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU05-62 (Lone Star Wine Cellars) and a subsequent ordinance, if applicable. 16. Consider the recommendation of the Planning & Zoning Commission relative to Planned Development Overlay PD05-06 (Lone Star Wine Cellars) and a subsequent ordinance, if applicable. 17. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU05-63 (Bank of the West) and a subsequent ordinance, if applicable. 18. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lots 40R1 and 40R2, Block 4, Placid Peninsula Addition and take any necessary action. 19. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lots 1R1 and 1R2, Block 1, Stone Addition 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 December, 2005 at 5:00 p.m. 4101 • 1/00e113/A/ Jo•r. Brown Assistant City Secretary AGENDA CITY OF GRAPEVINE SPECIAL BRIEFING SESSION PLANNING & ZONING COMMISSION TUESDAY, DECEMBER 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 December 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 December, 2005 at 5:00 p.m. adii Jodi. Brown Assistant City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, DECEMBER 20 , 2005 AT 7:30 P.M. PLANNING & ZONING COMMISSION CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET OLD BUSINESS 1. Consider Conditional Use Application CU05-59 (Bone Daddy's) and make a recommendation to the City Council. (The item was tabled by the Planning & Zoning Commission at the November 15, 2005 meeting.) 2. Consider Planned Development Overlay PD05-04 (Bone Daddy's) and make a recommendation to the City Council. (The item was tabled by the Planning & Zoning Commission at the November 15, 2005 meeting.) 3. Consider the final plat of Lot 1, Block 1, Bone Daddy's Addition and make a recommendation to the City Council. NEW BUSINESS 4. Consider Conditional Use Application CU05-62 (Lone Star Wine Cellars) and make a recommendation to the City Council. 5. Consider Planned Development Overlay PD05-06 (Lone Star Wine Cellars) and make a recommendation to the City Council. 6. Consider Conditional Use Application CU05-63 (Bank of the West) and make a recommendation to the City Council. 7. Consider the final plat of Lots 40R1 and 40R2, Block 4, Placid Peninsula Addition and make a recommendation to the City Council. 8. Consider the final plat of Lots 1R1 and 1R2, Block 1, Stone Addition and make a recommendation to the City Council. CONSIDERATION OF MINUTES 9. Consider the minutes of the November 15, 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 December, 2005 at 5:00 p.m. Jodi . Brown Assistant 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 December, 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 Danette Murray Member Betty "BJ" Wilson Member Rob Undersander Member Becky St. John Member Mark Lowery Alternate Andrea Roy Alternate constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager H. T. Hardy Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:42 p.m. INVOCATION Commissioner St. John delivered the Invocation. Ow 12/20/05 ITEM 1. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU05-62 AND PLANNED DEVELOPMENT OVERLAY PD05-06 LONE STAR WINE CELLARS Mayor Tate declared the public hearing open. Planner Ron Stombaugh reported Conditional Use Application CU05-62 and Planned Development Overlay PD05-06 had been filed by Lone Star Wine Cellars for property located at 201 East Franklin Street. The applicant is requesting a conditional use permit for the possession, storage and retail sale of on-premise and off-premise consumption of alcoholic beverages (wine only) in conjunction with a winery. The planned development overlay requests to waive the masonry requirement on the building. The subject property is zoned "CBD" Central Business District. Mr. Gary Konke requested favorable consideration of the application. He noted that he had been working with the Historic Preservation Officer regarding the selection of colors for the outside of the building. There was brief discussion regarding parking. Planner Stombaugh reported there were 14 spaces required and 20 were provided. 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 applications. Commissioner Murray, seconded by Commissioner Undersander, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander & St. John Nays: None Council Member 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 2. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU05-63 BANK OF THE WEST Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU05-63 had been filed by the Bank of the West for property located at 108 West Northwest Highway. The applicant requests a conditional use permit for a 3,366 square foot temporary bank building with four 2 12/20/05 drive through lanes. The subject property is zoned "HC" Highway Commercial District. He advised that the building would meet all building code requirements. Mr. Barry Emerson requested favorable consideration of the application. The applicant requested approval to occupy the temporary structure until April 30, 2008 with the possibility of an extension up to six months. After the permanent facility is constructed and occupied the temporary building will be removed to a location outside the City. 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 protest and one letter 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, Murray, Wilson, Undersander& St. John Nays: None 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, Spencer, Wilbanks, Stewart & Freed Nays: None Abstain: Johnson ITEM 3. PUBLIC HEARING, FINAL PLAT LOTS 40R1 AND 40R2, BLOCK 4, PLACID PENINSULA ADDITION, REPLAT OF LOT 40R, BLOCK 4, PLACID PENNISULA ADDITION Mayor Tate declared the public hearing open. Senior Civil Engineer Scott Dyer reported Ms. Diana Henjum had filed the application for the final plat of Lots 40R1 and 40R2, Block 4, Placid Peninsula Addition being a replat of Lot 40R, Block 4, Placid Peninsula Addition. The 0.456 acre property is located at 2837 Placid Circle and is zoned "R-7.5" Single Family District Regulations. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Fry, seconded by Commissioner Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: 3 12/20/05 Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander & St. John Nays: None Mayor Pro Tern Ware, 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 4. PUBLIC HEARING, FINAL PLAT LOTS 1R1 AND 1R2, BLOCK 1, STONE ADDITION, REPLAT OF LOT 1, BLOCK 1, STONE ADDITION Mayor Tate declared the public hearing open. Senior Civil Engineer Dyer reported that Innovative Developers, Inc. had filed the application for the final plat of Lots 1R1 and 1R2, Block 1, Stone Addition being a replat of Lot 1, Block 1, Stone Addition. The 2.175 acre property is located on the south side of Northwest Highway and is zoned "HC" Highway Commercial District. 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. "'"k Commissioner Murray, seconded by Commissioner Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander & St. John Nays: None Council Member Johnson, seconded by Council Member 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 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. 4 12/20/05 ITEM 5. PRESENTATION, EMS PATIENT ACCOUNT MANAGEMENT, INTERMEDIX, INC. Fire Chief Steve Bass reviewed a proposal for a contract with Intermedix, Inc. for EMS account billing, records management, reporting and analysis. Intermedix handles all billing and collection tasks essentially without involvement by City Staff. The services provided by Intermedix, Inc. are of great benefit to the City of Grapevine and to the residents. More revenues will be received; residents will pay less money; paramedics will spend less total call time; more efficient reporting will be accomplished and more efficient records management will be provided. Chief Bass stated the item would be before the Council in January for consideration. There was no action taken by the City Council. ITEM 6. RESOLUTION, SUPPLEMENTAL AGREEMENT NO. 1 STATE HIGHWAY 121 INTERLOCAL AGREEMENT WITH DENTON COUNTY Director of Transportation Projects Jerry Hodge recommended adoption of a resolution approving Supplemental Agreement No. 1 State Highway 121 Interlocal Agreement with Denton County. The City of Grapevine committed to provide $750,000.00 in five annual payments to Denton County. To date, the City has forwarded payments totaling $600,000.00. With the reconfiguring of State Highway 121 to a toll facility, the funds committed by Denton County and the cities are no longer necessary and have been refunded to Denton County. The State Highway 121 Memorandum of Understanding, dated March 24, 2005, approved by the participating cities, Denton County, NCTCOG and TxDOT, stated that upon reimbursement to Denton County by TxDOT, Denton County will refund the City of Grapevine expenditures. Council Member Freed, seconded by Council Member Wilbanks, 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. 2005-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AUTHORIZING SUPPLEMENTAL AGREEMENT NO. 1 TO THE INTERLOCAL AGREEMENT STATE HIGHWAY 121 WITH DENTON COUNTY, DATED FEBRUARY 1, 2000, ADDRESSING REFUNDING OF THE FUNDING PARTICIPATION TO DESIGN AND CONSTRUCT MAIN LANE IMPROVEMENTS ON STATE HIGHWAY 121 FROM FARM TO MARKET 2499 TO THE COLLIN/DENTON COUNTY LINE; AND PROVIDING AN EFFECTIVE DATE 5 12/20/05 ITEM 7. ORDINANCE, AMEND CHAPTER 23 TRAFFIC ,. Deputy Director of Public Works Stan Laster recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 23 Traffic relative to reducing speed limits on residential streets within the Heritage Place Addition. He stated a request signed by more than 50% of the property owners had been submitted to the City for the 25- mph speed limit. Council Member Wilbanks, 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 ORDINANCE NO. 2005-96 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 23 TRAFFIC, SECTION 23-26 SPEED LIMITS - SCHEDULE FOR CERTAIN PUBLIC STREETS AND WAYS, RELATIVE TO REASONABLE AND PRUDENT SPEED FOR RESIDENTIAL SUBDIVISION PUBLIC STREETS WITHIN THE CITY; wow 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 CONSENT AGENDA The next order of business for the City Council was to consider the consent agenda items, which were deemed to need little or no discussion and were acted upon as one business item. Mayor Tate asked if there was any member of the audience or the City Council who wished to remove an item from the consent agenda for full discussion. There were none. Item 8. Resolution, Declaring Medtronic Emergency Response Systems Sole Source Provider Fire Chief recommended approval of a resolution declaring Medtronic Emergency Response Systems as a sole source provider to upgrade existing cardiac monitor equipment in an amount not to exceed $49,053.00. 6 12/20/05 Motion by Council Member Stewart, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2005-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO THE UPGRADE OF EXISTING DEFIBRILLATOR/MONITORS; DETERMINING THAT THE UPGRADE SERVICE IS AVAILABLE FROM ONLY ONE SOURCE AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS AND DOCUMENTS AND PROVIDING AN EFFECTIVE DATE Item 9. Resolution, Authorize Purchase of Backhoes Public Works Director recommended approval of a resolution authorizing the purchase of two backhoes through an Interlocal Agreement with the Houston Galveston Area Council in the amount of$96,415.12. Motion by Council Member Stewart, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2005-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNATE TO PURCHASE FLEET VEHICLES THROUGH AN ESTABLISHED INTERLOCAL AGREEMENT WITH THE HOUSTON GALVESTON AREA COUNCIL AND PROVIDING AN EFFECTIVE DATE Item 10. Resolution, Authorize Renewal of Maintenance Agreement with ESRI, Inc. City Manager recommended approval of a resolution authorizing the renewal of a maintenance agreement for all Geographic Information System Software with ESRI, Inc. in an amount not to exceed $19,504.11. 7 12/20/05 Motion by Council Member Stewart, seconded by Council Member Spencer, to approve F. as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2005-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO THE RENEWAL 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 11. Consideration of Minutes City Secretary recommended approval of the minutes of the December 5 and 6, 2005 City Council meetings as published. Motion by Council Member Stewart, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: to, -mirk 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 Council Chambers, all members of the City Council were present. ITEM 12. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU05-59 BONE DADDY'S Vice Chairman Herb Fry reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU05-59 filed by Bone Daddy's granting a conditional use permit for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) on property located at 1720 William D. Date Avenue. The item was tabled by the Planning & Zoning Commission at the November 15, 2005. Council Member Stewart, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: 8 12/20/05 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2005-97 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 CU05-59 FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) IN CONJUNCTION WITH A RESTAURANT, AND TO ALLOW FOR A 40-FOOT POLE SIGN ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 13. PLANNING & ZONING COMMISSION RECOMMENDATION PLANNED DEVELOPMENT OPVERLAY PD05-04 BONE DADDY'S Vice Chairman Fry reported the Planning & Zoning Commission voted 7-0 for approval of Planned Development Overlay PD05-04 filed by Bone Daddy's granting a planned development overlay to provide less than 70 percent masonry to the exterior walls. The subject property is located at 1720 William D. Tate Avenue. The item was tabled by the Planning & Zoning Commission at the November 15, 2005 meeting. Council Member Johnson, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the ordinance granting the planned development overlay. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: Freed 9 12/20/05 ORDINANCE NO. 2005-98 �# AN ORDINANCE ISSUING A PLANNED DEVELOPMENT OVERLAY IN ACCORDANCE WITH SECTION 41 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 PLANNED DEVELOPMENT OVERLAY PD05-04 TO ALLOW THIRTY PERCENT MASONRY COVERAGE OF THE EXTERIOR WALLS OF THE PRINCIPAL STRUCTURE 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 PLANNED DEVELOPMENT OVERLAY PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 14. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1, BLOCK 1, BONE DADDY'S ADDITION Vice Chairman Fry reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1, Block 1, Bone Daddy's Addition located at the northwest corner of William D. Tate Avenue and Mustang Drive. The subject 1.848 acre property is zoned "GU" Governmental Use District and is being platted for development of a restaurant. Council Member Stewart, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 1, Block 1, Bone Daddy's Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 15. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU05-62 LONE STAR WINE CELLARS , 10 12/20/05 Vice Chairman Fry reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU05-62 filed by Lone Star Wine Cellars granting a conditional use permit for the possession, storage, retail sale and on-premise and off-premise consumption of alcoholic beverages (wine only) in conjunction with a winery. The property is located at 201 East Franklin Street and is zoned "CBD" Central Business District. Council Member Freed, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2005-99 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 CU05-62 FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON- AND OFF-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (WINE ONLY) IN CONJUNCTION WITH A WINERY, ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 16. PLANNING & ZONING COMMISSION RECOMMENDATION PLANNED DEVELOPMENT OVERLAY PD05-06 LONE STAR WINE_ CELLARS 11 12/20/05 Vice Chairman Fry reported the Planning & Zoning Commission voted 5-2 for approval of Planned Development Overlay PD05-06 filed by Lone Star Wine Cellars granting a waiver to the masonry requirements with the condition that the applicant work with the Historic Preservation Officer on the exterior paint colors. The subject property is located at 201 East Franklin Street. Council Member Freed, seconded by Council Member Wilbanks, offered a motion to accept the Commission's recommendation and approve the ordinance granting the planned development overly with the condition that the applicant work with the Historic Preservation Officer relative to the exterior paint colors. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2005-100 AN ORDINANCE ISSUING A PLANNED DEVELOPMENT OVERLAY IN ACCORDANCE WITH SECTION 41 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF mosw THE CITY CODE, BY GRANTING PLANNED DEVELOPMENT OVERLAY PD05-06 TO WAIVE THE PERCENT MASONRY REQUIREMENT FOR AN EXISTING BUILDING 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 PLANNED DEVELOPMENT OVERLAY PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 17. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU05-63 BANK OF THE WEST 12 12/20/05 Vice Chairman Fry reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU05-63 filed by Bank of the West granting a conditional use permit for a temporary bank building with four drive through lanes on property located at 108 West Northwest Highway. Council Member Wilbanks, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Abstain: Johnson ORDINANCE NO. 2005-101 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 CU05-63 TO ALLOW FOR A TEMPORARY BANK BUILDING WITH DRIVE-THROUGH SERVICE, ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 18. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 40R1 AND 40R2, BLOCK 4, PLACID PENINSULA ADDITION Vice Chairman Fry reported the Planning & Zoning Commission voted 7-0 for the approval of the Statement of Findings and the final plat of Lots 40R1 and 40R2, Block 4, Placid Peninsula Addition. The 0.456 acre property is located at 2837 Placid Circle and is being platted for development of a single family residence. 13 12/20/05 Council Member Freed, seconded by Mayor Pro Tern Ware, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lots 40R1 and 40R2, Block 4, Placid peninsula Addition. Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 19. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1R1 AND 1R2, BLOCK 1, STONE ADDITION Vice Chairman Fry reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 1R1 and 1R2, Block 1, Stone Addition. The 2.175 acre property is located on the south side of the 1400 block of Northwest Highway and is being platted for the development of a medical office building. Council Member Johnson, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lots 1R1 and 1R2, Block 1, Stone Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed smot Nays: None ADJOURNMENT Member Wilbanks, seconded by Council Member Freed, offered a motion to adjourn the meeting at 8:26 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 3rd day of January, 2006. APPROVED: 4qL4 ` William D. Tate Mayor 14 12/20/05 ATTEST: /. —ins - Huff F. City Secretary 15