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HomeMy WebLinkAbout2005-07-19 Joint Meeting AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, JULY 19, 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. 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 15th day of July, 2005 at 5:00 p.m. Lind Huff 'Irt 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 19th day of July, 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 Tem Sharron Spencer Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with Council Member C. Shane Wilbanks absent, with the following members of the City Staff: Bruno Rumbelow Acting City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Jennifer Hibbs Assistant to the City Manager CALL TO ORDER Mayor Tate called the meeting to order at 7:05 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; and (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. Upon reconvening in open session in the Council Chambers, Mayor Tate asked if there was any action necessary relative to the closed session. Acting City Manager Bruno Rumbelow stated there was no action necessary relative to conference with City Manager pursuant to Section 551.087, Texas Government Code. Note: Personnel relative to City Manager position was not discussed. 07/19/05 Note: City Council continued with the Regular City Council meeting in open session in the Council Chambers. ADJOURNMENT Council Member Spencer, seconded by Council Member Johnson, offered a motion to adjourn the meeting at 10:05 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 16th day of August, 2005. APPROVED: 4E47' William D. Tate Mayor PEP ATTEST: Lin a Huff City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL PLANNING & ZONING COMMISSION MEETING TUESDAY, JULY 19, 2005 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER INVOCATION: Commissioner Herb Fry OATH OF OFFICE 1. City Secretary to administer the Oath of Office to Planning & Zoning Commissioners Larry Oliver and Chris Coy and Alternates Mark Lowery and Andrea Roy. JOINT PUBLIC HEARINGS 2. City Council and Planning &Zoning Commission to conduct a public hearing relative to Planned Development Overlay Application PD05-01 filed by Silver Lake Estates requesting a Planned Development Overlay for a front yard setback of 20-feet along Spring Creek Drive within Silver Lake Estates, Phase 3. The subject property is located at the northeast corner of Dove Road and Inland Drive and is zoned "R-7.5" Single Family District Regulations. 3. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU05-37 filed by Outlaw Customs requesting a conditional use permit for an automotive repair facility on property located at 321 East Northwest Highway. The property is zoned "HC" Highway Commercial District. 4. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU05-41 filed by Wuf Pet Lodge requesting a conditional use permit for an animal day care with overnight stay. The subject property is located at 418 East Northwest Highway and is zoned "HC" Highway Commercial District. 5. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU05-43 filed by Epicentre at Grapevine Addition 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. The subject property is located at 1255 South Main Street and is zoned "PO" Professional Office District. 6. City Council and Planning & Zoning Commission to conduct a public hearing relative to amending the Official City of Grapevine Future Land Use Map 2 to bring land use designations into compliance with recent zoning changes and to encourage future development. 7. City Council and Planning & Zoning Commission to conduct a public hearing relative to the application filed by Mr. Richard Pemberton for the final plat of Lot 8, Block 119, Clifton H. Jones Addition being a replat of the southern portion of Lot 7, Block 119, Clifton H. Jones Addition. The 0.23 acre property is located at 619 Austin Street and is zoned "R-7.5" Single Family District Regulations. 8. City Council and Planning & Zoning Commission to conduct a public hearing relative to the application filed by B & G Properties for the final plat of Lots 10R, 11, 12 and 13, Block 7, W. C. Lucas Addition being a replat of Lot 10, Block 7, W. C. Lucas Addition. The 0.997 acre property is located at the northwest corner of Lucas and Worthington Drives and is zoned "R-7.5" Single Family District Regulations. END OF JOINT PUBLIC HEARINGS Planning & Zoning Commission to recess to Planning & Zoning Commission Conference Room, Second Floor to consider published agenda items. City Council to remain in session in the Council Chambers to consider published business. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at (817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Regular Joint City Council and Planning & Zoning Commission Meeting Agenda was prepared and posted on this the 15th day of July, 2005 a 5700 p.m. 674:444.,. Linda Huff City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, JULY 19, 2005 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CITIZEN COMMENTS PRESENTATION 9. Mayor Pro Tem Ware to report on the recent visit to Grapevine's Sister City Krems, Austria. NEW BUSINESS 10. Consider an ordinance denying a GRIP (Gas Reliability Infrastructure Program) rate increase request made by Atmos Energy Corporation (formerly TXU Gas) and take any necessary action. 11. Consider an Adopt-A-Road Agreement with the Gaylord Texan Resort and Convention Center at Lake Grapevine and take any necessary action. 12. Consider authorizing a temporary use permit for an outdoor event for properties located at 3400 and 3480 Grapevine Mills Parkway filed by RBLS Inc. d/b/a Ashley Furniture Home Store 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. 13. Consider a resolution authorizing the renewal of the janitorial services annual contract with Quality Environmental Services. Public Works Director recommends approval. 14. Consider the minutes of the July 5, 2005 City Council meetings as published. City Secretary recommends approval. 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 15. Consider the recommendation of the Planning & Zoning Commission relative to Planned Development Overlay Application PD05-01 (Silver Lake Estates) and a subsequent ordinance, if applicable. 16. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lots 100-119 and Lots C, D and E, Block 1, Lots 1 —28 and Lots F and G, Block 5, Silver Lake Estates and take any necessary action. 17. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU05-37 (Outlaw Customs) and a subsequent ordinance, if applicable. 18. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU05-41 (Wuf Pet Lodge) and a subsequent ordinance, if applicable. 19. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU05-43 (Epicentre) and a subsequent ordinance, if applicable. 20. Consider the recommendation of the Planning & Zoning Commission relative to the preliminary plat of Lot 1, Block 1, Epicentre at Grapevine Addition and take any necessary action. 21. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lot 1, Block 1, Epicentre at Grapevine Addition and take any necessary action. 22. Consider the recommendation of the Planning & Zoning Commission relative to amending the Official City of Grapevine Future Land Use Map 2 and a subsequent ordinance, if applicable. 23. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lot 8, Block 119, Clifton H. Jones Addition and take any necessary action. 24. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lots 10R, 11, 12 and 13, Block 7, W. C. Lucas 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 15th day of July, 2005 at 5:00 p.m. Lind uff City Secretary AGENDA CITY OF GRAPEVINE SPECIAL BRIEFING SESSION PLANNING & ZONING COMMISSION TUESDAY, JULY 19, 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 July 19, 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 15th day of July, 2005 at 5:00 p.m. Lid. Huff If City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, JULY 19, 2005 AT 7:30 P.M. PLANNING & ZONING COMMISSION CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET NEW BUSINESS 1. Election of Officers 2. Consider Planned Development Overlay Application PD05-01 (Silver Lake Estates) and make a recommendation to the City Council. 3. Consider the final plat of Lots 100-119 and Lots C, D and E, Block 1, Lots 1 — 28 and Lots F and G, Block 5, Silver Lake Estates make a recommendation to the City Council. 4. Consider Conditional Use Application CU05-37 (Outlaw Customs) and make a recommendation to the City Council. 5. Consider Conditional Use Application CU05-41 (Wuf Pet Lodge) and make a recommendation to the City Council. 6. Consider Conditional Use Application CU05-43 (Epicentre) and make a recommendation to the City Council. 7. Consider the preliminary plat of Lot 1, Block 1, Epicentre at Grapevine Addition and make a recommendation to the City Council. 8. Consider the final plat of Lot 1, Block 1, Epicentre at Grapevine Addition and make a recommendation to the City Council. 9. Consider amending the Official City of Grapevine Future Land Use Map 2 and make a recommendation to the City Council. 10. Consider the final plat of Lot 8, Block 119, Clifton H. Jones Addition and make a recommendation to the City Council. 11. Consider the final plat of Lots 10R, 11, 12 and 13, Block 7, W. C. Lucas Addition and make a recommendation to the City Council. CONSIDERATION OF MINUTES 12. Consider the minutes of the June 21, 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 15th day of July, 2005 at 5:00 p.m. 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 19th day of July, 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 Tern Sharron Spencer Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with Council Member C. Shane Wilbanks absent, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Chris Coy Member Danette Murray Member Rob Undersander Member Becky St. John Member Mark Lowery Alternate Andrea Roy Alternate constituting a quorum, with Commissioners Herb Fry and Betty "BJ" Wilson absent, with the following members of the City Staff: Bruno Rumbelow Acting City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Jennifer Hibbs Assistant to the City Manager CALL TO ORDER Mayor Tate called the meeting to order at 7:50 p.m. INVOCATION Commissioner Coy delivered the Invocation. ITEM 1. OATH OF OFFICE City Secretary administered the Oath of Office to reappointed Planning & Zoning 07/19/05 Commissioners Larry Oliver and Chris Coy and Alternate Mark Lowery and newly appointed Andrea Roy. ITEM 2. PUBLIC HEARING, PLAN NED DEVELOPMENT OVERLAY APPLICATION PD05-01 SILVER LAKE ESTATES Mayor Tate declared the public hearing open. Planner Ron Stombaugh reported Planned Development Overlay Application PD05-01 had been filed by Wright Development Corporation for Silver Lake Estates requesting a Planned Development Overlay for a front yard setback of 20-feet along Spring Creek Drive within Silver Lake Estates, Phase 3. The subject property is located at the northeast corner of Dove Road and Inland Drive and is zoned "R-7.5" Single Family District Regulations. The reduction of the front yard setback would compensate for the extreme topography and minimize the need to remove mature trees during the construction process. To further minimize the impact on trees and to compensate for the topography on the site a 45-foot right-of-way is proposed rather than 50 feet. Mr. Stombaugh advised the applicant intends to remove only those trees necessary to make the improvements necessary to the subdivision. To mitigate those trees removed during the construction process the applicant intends to plant a total of 150 trees, minimum three caliper inches in diameter, from the City's approved tree list to be planted in this phase of the Silver Lake development. Mr. Martin Shelling requested favorable consideration of the application. Discussion ensued relative to saving the trees to provide the buffer area between the development and the Grapevine Cemetery. Mayor Tate invited guests present to comment regarding the application. No one wished to speak. City Secretary Huff reported the Council and Commission had been copied the two letters of protest for the application. Commissioner Undersander, seconded by Commissioner Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Murray, Undersander, St. John, Lowery & Roy Nays: None Absent: Fry & Wilson Council Member Spencer, seconded by Council Member Johnson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks 2 07/19/05 ITEM 3. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU05-37 OUTLAW CUSTOMS Mayor Tate declared the public hearing open. Planner Stombaugh advised Conditional Use Application CU05-37 had been filed by Outlaw Customs requesting a conditional use permit for an automotive repair facility on property located at 321 East Northwest Highway. The property is zoned "HC" Highway Commercial District. Mr. James Kea requested favorable consideration of the application noting that installation of the accessories sold in the store is conducted within the building structure. There is no outside storage of vehicles and all work is performed within the building. Council questioned whether there were plans to upgrade the exterior of the building. The building owner was present and stated that he had no plans to upgrade the facility unless directed to do so. 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. 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, Undersander, St. John, Lowery & Roy Nays: None Absent: Fry & Wilson Council Member Freed, seconded by Council Member Johnson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ITEM 4. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU05-41 WUF PET LODGE Mayor Tate declared the public hearing open. Planner Stombaugh advised Conditional Use Application CU05-41 had been filed by Wuf Pet Lodge requesting a conditional use permit for an animal day care with overnight stay. The subject property is located at 418 East Northwest Highway and is zoned "HC" Highway Commercial District. Mr. Stombaugh advised the facility would focus on the care, grooming and indoor boarding of dogs only with some retail sales of canine products. No outside 3 07/19/05 boarding will occur. The area to the rear of the building will be landscaped and screened from view. This area will be used as a supervised play area for the animals. A masonry façade will be added to the northern and eastern elevations of the building improving the view of the site along Northwest Highway. An eight-foot wood screening fence will be added to the site along the eastern boundary to screen the site from Dooley Street and additional screening will be added along Wall Street that isn't already screened. Mr. Stombaugh advised that if approved, this will be the first reading of an ordinance due to the need to take the adjoining lot to the Board of Zoning Adjustment for a special exception to the zoning ordinance to allow the Marine and Boat sales business that fronts on Dooley Street to continue as developed. The second reading will occur at Council August 16, 2005 meeting. Mr. Phil Morley and Mr. Gerald Bassman requested favorable consideration of the application. Mr. Bassman stated it would be an upscale facility offering a full range of dog daycare, boarding, spa and luxury dog retail, and a unique alternative for dog care with premium services. All boarding would be inside with approximately 20-30 dogs per day, with approximately 60 dogs per night over weekends. At present, there would not be an overnight caretaker. Discussion ensued relative to barking noise, sanitation issues, length of stay and walking of dogs. Mayor Tate invited guests present to comment regarding the application. The following spoke in opposition to the application: Mr. Larry Lyons, 408 East Wall Street Mr. Jon Michael Franks, 128 East Texas Street, Suite 100 Mr. Norman Barfield, 3550 North Whitt Road, Perrin, Texas Ms. Glenda Fisher, 944 Jean Street Three of those in opposition have plans to build single family residences on East Wall Street that would be consistent with the period architecture of downtown Grapevine Comments against the use of the property as an animal lodge were barking noise, sanitation issues and how the kennel would lend itself to consistency with the Historic Overlay District. The City Council and Commission were copied the six letters of opposition to the application. Commissioner Lowery, seconded by Commissioner Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Murray, Undersander, St. John, Lowery & Roy Nays: None Absent: Fry & Wilson 4 07/19/05 Council Member Stewart, seconded by Council Member Spencer, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ITEM 5. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU05-43 EPICENTRE AT GRAPEVINE ADDITION Mayor Tate declared the public hearing open. Planner Stombaugh advised Conditional Use Application CU05-43 had been filed by Epicentre at Grapevine Addition 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. The subject property is located at 1255 South Main Street and is zoned "PO" Professional Office District. There are four restaurants proposed for the site with the first containing approximately 6,425 square feet with seating for 235 patrons. Mr. Bryan Klein and Mr. Steve Hartnett requested favorable consideration of the application. Mr. Hartnett advised the site plan and landscape plan illustrate the layout and the commitment to quality development that is proposed. If approved, building plans and infrastructure plans for the construction of the first restaurant, related parking and main entry feature would be submitted for consideration. Council questioned the alcoholic beverage sales and the fact that the site plan did not show storage and sales location for the alcoholic beverages. Planner Stombaugh advised there would be a conditional use application submitted for the alcoholic beverage sales at a later date. 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 St. John, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Murray, Undersander, St. John, Lowery & Roy Nays: None Absent: Fry & Wilson Council Member Johnson, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: 5 07/19/05 Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ITEM 6. PUBLIC HEARING, AMEND OFFICIAL CITY OF GRAPEVINE FUTURE LAND USE MAP 2 Mayor Tate declared the public hearing open. Economic Development Specialist Dan Truex reviewed the proposed amendments to the Official City of Grapevine Future Land Use Map 2 that would bring land use designations into compliance with recent zoning changes and to encourage future development. Since the last Comprehensive Master Plan was last updated, development trends within the City have diverged from those incorporated in the plan. Mayor Tate invited guests present to comment regarding the application. Mr. Jim Massey, 506 West Dallas Road, requested to maintain the current zoning on his property. Mr. John Horobee, 204 West Dallas Road, expressed his support of the proposed update of the Land Use Map. ofto City Secretary Huff read the following letter into the record: This letter serves as the response of Coachmen Industries of Texas, Inc. ("Coachmen") with regard to the proposed change in land use designation on the Future Land Use Map. We request that this letter be read into the record during the public hearing to be held on Tuesday, July 19, 2005 at 7:30 p.m. Coachmen is opposed to the proposed change for the following reasons: 1. The subject property is located in the Dallas-Fort Worth Airport flight pattern, resulting in a degree of noise, which would likely interfere with the commercial use of the property. 2. The properties across Dallas Road from and adjacent on each side of the subject property is used for industrial purposes, and a change of the subject property to commercial use would probably have a negative impact on the value of the subject property. Additionally, railroad tracks are located behind the subject property, the use of which may interfere with the commercial use of the property. 6 07/19/05 3. Coachmen is seeking to sell the subject property for the highest price and best usage of the property; however, most interest in the property has come from entities seeking an industrial use. Therefore, it is most likely that the future use of the property will be industrial in nature. Based upon the foregoing reasons, Coachmen protests the proposed Future Land Use Map designation outlined in the correspondence dated June 23, 2005. Please feel free to contact the undersigned at 574-262-0123 if you have any questions. Thank you. Sincerely, COACHMEN INDUSTRIES OF TEXAS, INC. s/ Sandra L. Kennedy Associate Counsel City Secretary Huff reported the Council and Commission had been copied the one letter of protest and the two letters of approval for the proposed amendments to the Land Use Map 2. Commissioner Murray, seconded by Commissioner Lowery, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Murray, Undersander, St. John, Lowery & Roy Nays: None Absent: Fry & Wilson Council Member Stewart, seconded by Council Member Johnson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ITEM 7. PUBLIC HEARING, FINAL PLAT LOT 8, BLOCK 119, CLIFTON H. JONES ADDITION, REPLAT OF THE SOUTHERN PORTION OF LOT 7, BLOCK 119, CLIFTON H. JONES ADDITION Mayor Tate declared the public hearing open. Senior Civil Engineer Scott Dyer reported the application had been filed by Mr. Richard Pemberton for the final plat of Lot 8, Block 119, Clifton H. Jones Addition being a replat of 7 07/19/05 the southern portion of Lot 7, Block 119, Clifton H. Jones Addition. The 0.23 acre property is located at 619 Austin Street and is zoned "R-7.5" Single Family District Regulations. The property is being platted for a residential development. Mr. Richard Pemberton 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 Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Murray, Undersander, St. John, Lowery & Roy Nays: None Absent: Fry & Wilson Mayor Pro Tern Ware, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Stewart & Freed Nays: None "` Abstain: Johnson Absent: Wilbanks ITEM 8. PUBLIC HEARING, FINAL PLAT LOTS 10R, 11, 12 AND 13, BLOCK 7, W. C. LUCAS ADDITION, REPLAT OF LOT 10, BLOCK 7, W. C. LUCAS ADDITION Mayor Tate declared the public hearing open. Senior Civil Engineer Dyer reported the application had been filed by B & G Properties for the final plat of Lots 10R, 11, 12 and 13, Block 7, W. C. Lucas Addition being a replat of Lot 10, Block 7, W. C. Lucas Addition. The 0.997 acre property is located at the northwest corner of Lucas and Worthington Drives and is zoned "R-7.5" Single Family District Regulations. The property is being platted for four existing homes to be on individual platted lots. Mr. Dino Idoski requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. 8 07/19/05 Commissioner Murray, seconded by Commissioner Undersander, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Murray, Undersander, St. John, Lowery & Roy Nays: None Absent: Fry & Wilson Council Member Spencer, seconded by Council Member Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks RECESS AND RECONVENE Mayor Tate announced the Planning & Zoning Commission would recess to the Planning & Zoning Conference Room to consider published business. Mayor Tate announced the Council would take a brief recess. Upon reconvening in the Council Chambers, all members of the City Council were present with the exception of Council Member Wilbanks. ITEM 9. PRESENTATION, REPORT ON SISTER CITY VISIT, KREMS AUSTRIA Mayor Pro Tern Ware reported on the City's recent visit to Grapevine's Sister City Krems, Austria. The official Grapevine delegation consisted of Ted and Gloria Ware, P. W. McCallum and Bruno Rumbelow. The purpose of the trip was in response to an official invitation from Krems' Burgermeister Franz Hozl to be part of Krems, Austria's celebration of 700 years as a legally established municipality. Mayor Pro Tem Ware expressed his and Gloria's gratitude in representing Grapevine during Krems founding celebration. Note: The following items were discussed after the Planning & Zoning Commission recommendations. ITEM 10. ORDINANCE, DENY ATMOS ENERGY CORPORATION GRIP (GAS RELIABILITY INFRASTRUCTURE PROGRAM) RATE INCREASE REQUEST Assistant to the City Manager Jennifer Hibbs requested approval of an ordinance denying a GRIP (Gas Reliability Infrastructure Program) rate increase request made by Atmos Energy Corporation (formerly TXU Gas). Based on information gathered by consultants on behalf of the Atmos Cities Steering Committee, Staff believes that these expenses are overstated and the rate increase should be denied. Information indicates that there was actually a reduction in per-customer infrastructure expenditures in 2003. In addition, the 9 07/19/05 Atmos GRIP filing fails to take into account the growth in the number of customers, thereby undercounting the revenues it will receive if this filing is approved. Finally, the filing fails to recognize that the last rate case (GUD 9400) included profit based on TXU Corporation's capital structure, rather than Atmos Energy Corporation's current capital structure, which justifies a lower rate of return. Atmos is in the process of putting together a second GRIP filing. However, in exchange for the denial of the 2003 filing, they have agreed to postpone the new filing until September. This will give the cities and Atmos time to discuss settlement of all current issues prior to reviewing a new filing. Motion by Council Member Freed, seconded by Mayor Pro Tern Ware, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ORDINANCE NO. 2005-54 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, DENYING THE REQUEST OF ATMOS ENERGY CORP., MID-TEX DIVISION, FOR AN ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM (GRIP) RATE INCREASE IN THIS MUNICIPALITY, AS A PART OF THE COMPANY'S STATEWIDE GAS UTILITY DISTRIBUTION SYSTEM; APPROVING COOPERATION WITH OTHER CITIES WITHIN THE ATMOS ENERGY CORP., MID-TEX DIVISION DISTRIBUTION SYSTEM AS PART OF THE ATMOS CITIES STEERING COMMITTEE (ACSC); AUTHORIZING ACSC TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION; AUTHORIZING INTERVENTION AS PART OF ACSC IN ANY APPEAL OF THE CITY'S ACTION TO THE RAILROAD COMMISSION; APPROVING COSTS INCURRED AS REASONABLE AND PROVIDING A REQUIREMENT FOR PROMPT REIMBURSEMENT OF COSTS; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR NOTICE OF THIS ORDINANCE TO ATMOS ENERGY CORP., MID-TEX DIVISION; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 11. ADOPT-A-ROAD AGREEMENT, GAYLORD TEXAN RESORT AND CONVENTION CENTER AT LAKE GRAPEVINE Parks & Recreation Director Doug Evans requested approval of an Adopt-A-Road 10 07/19/05 Agreement with the Gaylord Texan Resort and Convention Center at Lake Grapevine for State Highway 26 from Ruth Wall Street to Gaylord Trail to the Gaylord Texan and for Turner Road from Boyd Drive to Ruth Wall Street. The agreement is for two years and requires litter pick up a minimum of six times a year. Motion by Council Member Johnson, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ITEM 12. AUTHORIZE TEMPORARY USE PERMIT, RBLS INC. d/b/a ASHLEY FURNITURE HOME STORE Development Services Director H. T. Hardy requested approval of a temporary use permit for an outdoor event on July 23, 2005 for properties located at 3400 and 3480 Grapevine Mills Parkway filed by RBLS Inc. d/b/a Ashley Furniture Home Store. This event is anticipated to draw a maximum attendance of 1500 people. A 9,000 square foot tent will be erected on the vacant lot addressed as 3480 Grapevine Mills Parkway, and portable toilet facilities will be provided. There will also be live entertainment, as well as a radio remote broadcast station. Motion by Mayor Pro Tem Ware, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks CONSENT AGENDA The next order of business for the City Council was to consider the consent agenda items, which were deemed to need little or no discussion and were acted upon as one business item. Mayor Tate asked if there was any member of the audience or the City Council who wished to remove an item from the consent agenda for full discussion. There were none. Item 13. Resolution, Authorize Renewal, Janitorial Services Annual Contract Public Works Director recommended approval of a resolution authorizing the renewal of the janitorial services annual contract in the amount of $278,035.00 with Quality Environmental Services. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: 11 07/19/05 Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks Item 14. Consideration of Minutes City Secretary recommended approval of the minutes of the July 5, 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: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks Note: The following items were discussed after the public hearings. ITEM 15. PLANNING & ZONING COMMISSION RECOMMENDATION PLANNED DEVELOPMENT OVERLAY APPLICATION PD05-01 SILVER LAKE ESTATES Chairman Larry Oliver reported the Planning & Zoning Commission voted 6-0-1 for wow approval of Planned Development Overlay Application PD05-01 filed by Silver Lake Estates granting a front yard setback of 20-feet along Spring Creek Drive within Silver Lake Estates, Phase 3. Council Member Johnson, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the ordinance granting Planned Development Overlay Application PD05-01. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ORDINANCE NO. 2005-55 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 PD05-01 ALONG SPRING CREEK DRIVE IN A DISTRICT ZONED "R-7.5" SINGLE FAMILY DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 12 07/19/05 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 16. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 100-119 AND LOTS C, D AND E, BLOCK 1, LOTS 1-28 AND LOTS F AND G, BLOCK 5, SLIVER LAKE ESTATES Chairman Oliver reported the Planning & Zoning Commission voted 6-0-1 for approval of the Statement of Findings and the final plat of Lots 100-119 and Lots C, D and E, Block 1, Lots 1 —28 and Lots F and G, Block 5, Silver Lake Estates. The 52.036 acre property is being platted for 48 single family residential lots. The property is located west of Grapevine Cemetery between Dove Loop and School Road. 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 100-119 and Lots C, D and E, Block 1, Lots 1 — 28 and Lots F and G, Block 5, Silver Lake Estates. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ITEM 17. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICTION CU05-37 OUTLAW CUSTOMS Chairman Oliver reported the Planning & Zoning Commission voted 6-1 for denial of Conditional Use Application CU05-37 filed by Outlaw Customs requesting a conditional use permit for an automotive repair facility on property located at 321 East Northwest Highway. The property is zoned "HC" Highway Commercial District. Council Member Freed, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation for denial of the conditional use permit. The motion prevailed by the following vote: 13 07/19/05 Ayes: Tate, Ware, Spencer, Stewart & Freed Nays: Johnson Absent: Wilbanks ITEM 18. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU05-41 WUF PET LODGE Chairman Oliver reported the Planning & Zoning Commission voted 5-2 for denial of Conditional Use Application CU05-41 filed by Wuf Pet Lodge requesting a conditional use permit for an animal day care with overnight stay on property located at 418 East Northwest Highway. Council Member Spencer, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation for denial of the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ITEM 19. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU05-43 EPICENTRE AT GRAPEIVNE ADDITION '""" Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU05-43 filed by Epicentre at Grapevine Addition granting a conditional use permit for a restaurant on property located at 1255 South Main Street. Council Member Spencer, 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, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ORDINANCE NO. 2005-56 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU05-43 FOR A RESTAURANT IN A DISTRICT ZONED "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT 14 07/19/05 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 20. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT, LOT 1, BLOCK 1, EPICENTRE AT GRAPEVINE ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the preliminary plat of Lot 1, Block 1, Epicentre at Grapevine Addition. The 5.1671 acre property is located east of Main Street between Hanover Drive and Capitol Street and is being platted for restaurants. 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 preliminary plat of Lot 1, Block 1, Epicentre at Grapevine Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ITEM 21. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1, BLOCK 1 EPICENTRE AT GRAPEVINE ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1, Block 1, Epicentre at Grapevine Addition. The property is being platted for development of restaurants on property located east of Main Street between Hanover Drive and Capitol Street. Council Member Freed, 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, Epicentre at Grapevine Addition. The motion prevailed by the following vote: 15 07/19/05 Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed . Nays: None Absent: Wilbanks ITEM 22. PLANNING & ZONING COMMISSION RECOMMENDATION OFFICIAL CITY OF GRAPEVINE FUTURE LAND USE MAP 2 Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of amending the Official City of Grapevine Future Land Use Map 2 to bring land use designations into compliance with recent zoning changes and to encourage future development. Council Member Johnson, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation and approve the ordinance amending the Future Land Use Map 2. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ORDINANCE NO. 2005-57 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING ORDINANCE NO. 87-11 wow WHICH ADOPTED THE COMPREHENSIVE MASTER PLAN 1974-1994 UPDATE 1987 OF THE CITY OF GRAPEVINE, TEXAS ADOPTING AN AMENDMENT TO MAP 2 LAND USE PLAN OF THE COMPREHENSIVE MASTER PLAN UPDATE 1987 OF THE CITY OF GRAPEVINE, TEXAS; PROVIDING A SEVERABLITY CLAUSE AND PROVIDING AN EFFECTIVE DATE ITEM 23. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 8, BLOCK 119, CLIFTON H. JONES ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 8, Block 119, Clifton H. Jones Addition. The 0.23 acre property is located at 619 Austin Street and is being platted for a single family residential development. 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 8, Block 119, Clifton H. Jones Addition. The motion prevailed by the following vote: 16 07/19/05 .& Ayes: Tate, Ware, Spencer, Stewart & Freed Nays: None Abstain: Johnson Absent: Wilbanks ITEM 24. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 10R, 11, 12 AND 13, BLOCK 7, W. C. LUCAS ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 10R, 11, 12 and 13, Block 7, W. C. Lucas Addition. The 0.997 acre property is located at the northwest corner of Lucas and Worthington Drives and is being platted for four existing homes to be on individual platted lots. Council Member Spencer, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lots 10R, 11, 12 and 13, Block 7, W. C. Lucas Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ADJOURNMENT Council Member Spencer, seconded by Council Member Johnson, offered a motion to adjourn the meeting at 10:05 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 16th day of August, 2005. APPROVED: 4C/J44 "` William D. Tate !' Mayor 17 07/19/05 ATTEST: Linda Huff City Secretary 18