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HomeMy WebLinkAbout2004-08-17 Joint Meeting AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING WORKSHOP TUESDAY, AUGUST 17, 2004 AT 6:00 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET DINNER AT 5:45 P.M. BOARD AND COMMISSION RECEPTION AT 6:45 P.M. CALL TO ORDER 1. Meet and confer with lobbyists Dan Shelley and Mark Rodriguez. 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 Workshop Agenda was prepared and posted on this the 13th day of August , 2004 at 5:00 p.m. Lind Huff City Secretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 17th day of August, 2004 at 6:15 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: Roger Nelson City Manager Bruno Rumbelow Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Jennifer Hibbs Assistant to the City Manager CALL TO ORDER Mayor Tate called the meeting to order at 6:00 p.m. ITEM 1. WORKSHOP, LOBBYISTS City Manager Roger Nelson introduced Lobbyists Dan Shelley and Mark Rodriguez. They presented the legislative timeline for the 79th Legislature and discussed some issues that will be before the legislature: streamlined sales tax project, transportation issues, unfunded mandates and school finance appraisal caps. There was no action taken by the City Council. ADJOURNMENT Council Member Stewart, seconded by Mayor Pro Tern Ware, offered a motion to adjourn the workshop at 6:45 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks 08/17/04 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 7th day of September, 2004. APPROVED: 4S534. " William D. Tate Mayor ATTEST: 44:tta' 7941 Linda Huff City Secretary pow 0,440 2 AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, AUGUST 17, 2004 AT 6:00 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. Pending or contemplated litigation relative City of Grapevine v. Foust Family Ltd., et al. (Cause No. 03-1489-3) pursuant to Section 551.071, 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 pending or contemplated litigation and conference with employees under Sections 551.071 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 13th day of August, 2004 at 5:00 p.m. JtrFC. Brown A istant 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 17th day of August, 2004 at 6:15 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: Roger Nelson City Manager Bruno Rumbelow Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Jennifer Hibbs Assistant to the City Manager CALL TO ORDER Mayor Tate called the meeting to order at 6:45 p.m. ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding: (A) pending or contemplated litigation relative to City of Grapevine v. Foust Family Ltd., et al (Cause No. 03-149-3) 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 under Sections 551.071 and 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. City Manager Roger Nelson stated there was no action necessary relative to the closed session under Section 551.087, Texas Government Code. 08/17/04 Regarding pending or contemplated litigation, City Manager Nelson requested approval of a non-exclusive lease agreement between the City of Grapevine and J. E. Foust & Sons Funeral Directors. Council Member Johnson, seconded by Council Member Stewart, offered a motion to approve the lease agreement as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks 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 8:52 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks NIONt PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 7th day of September, 2004. APPROVED: r• William D. Tate Mayor ATTEST: Wire Linda uff fi City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL PLANNING & ZONING COMMISSION MEETING TUESDAY, AUGUST 17, 2004 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER INVOCATION: Commissioner Betty "BJ" Wilson PRESENTATION 1. Presentation of the Watchmans Star from the citizens of Krems, Austria to the citizens of Grapevine. JOINT PUBLIC HEARINGS 2. City Council and Planning & Zoning Commission to conduct a public hearing relative to Zoning Application Z04-08 and Historic Landmark Application HL04-02 West Wall Street Offices. The applications were filed by Mr. Derek DeGuire requesting rezoning of 0.730 acres from "CN" Neighborhood Commercial District to "PO" Professional Office District. The subject property is located at 313 West Wall Street. 3. City Council and Planning & Zoning Commission to conduct a public hearing relative to the application filed by Pemberton Estates for Zoning Application Z04-09 and the final plat of Lots 1 and 2, Block 1, Pemberton Estates II being a replat of the southern one-half of Lots 1 and 2, Block 8, W. C. Lucas Addition. The zoning application requests rezoning of 0.45 acres of property from "CC" Community Commercial District Regulations to "R-7.5" Single-Family District Regulations. The subject property is located at 211 Lucas Drive. 4. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU04-23 filed by Pump It Up requesting a conditional use permit for an indoor commercial amusement facility. The subject property is located at 850 Mustang Drive and is zoned "BP" Business Park District. 5. City Council and Planning & Zoning Commission to conduct a public hearing relative to the applications filed by Grapevine Retirement Center for Conditional Use Application CU04-24 and the final plat of Lots 12R-1, 13R and 15, Block 1, Towne Center Addition No. 2 being a replat of Lots 12R and 13, Block 1, Towne Center Addition No. 2. The property is located at 1100 William D. Tate Avenue and is zoned "CC" Community Commercial District Regulations. 6. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU04-25 filed by Off The Vine requesting a conditional use permit to allow the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant located at 322 South Main Street. The subject property is zoned "CBD" Central Business District. 7. City Council and Planning & Zoning Commission to conduct a public hearing relative to the application filed by Mr. Jim Dewey for the final plat of Lots 5R-1A and 5R-1 B, Block 1, Southwest Grapevine Commercial Park being a replat of Lot 5R-1, Block 1, Southwest Grapevine Commercial Park. The 2.047 acre property is located at the southeast corner of Southwest Grapevine Parkway and Mustang Drive and is zoned "CC" Community Commercial District Regulations. 8. City Council and Planning &Zoning Commission to conduct a public hearing relative to the application filed by Ms. Kristi Johnson for the final plat of Lots 1R and 2R, Block 6, W. C. Lucas Addition being a replat of the southern 135 feet of Lots 1 and 2, Block 6, W. C. Lucas Addition. The 0.496 acre property is located south of Lipscomb Street, west of Lucas Drive 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 13th day of August, 2004 at 5:00 p.m. Lin a Huff !� City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, AUGUST 17, 2004 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CITIZEN COMMENTS NEW BUSINESS 9. Report from Kasner and Associates regarding results of the Sales Tax Streamling Study and take any necessary action. 10. Consider a resolution accepting the Certified Tax Roll having a total appraised value of $5,865,826,852.00 with exemptions of $970,868,470.00 for a net taxable value of $4,894,958,382.00 and take any necessary action. 11. Consider a resolution authorizing the donation of soccer goals to McFadden Ranch for Texas Youth and take any necessary action. 12. Consider an ordinance abandoning a 739 square foot segment of temporary access easement bordering Enchanted Way and take any necessary action. 13. Consider award of Bid 194-2004 Meadowmere Park Trail Improvements and take any necessary action. 14. Consider the appointment of Mr. Cliff Reynolds of the Hilton DFW Lakes to a one- year term on the Convention & Visitors Bureau Advisory Board as recommended by Council Liaison Darlene Freed and take any necessary action. CONSENT AGENDA Consent items are deemed to need little Council deliberation and will be acted upon as one business item. Any member of the City Council or member of the audience may request that an item be withdrawn from the consent agenda and placed before the City Council for full discussion. Approval of the consent agenda authorizes the City Manager, or his designee, to implement each item in accordance with Staff recommendations. 15. Consider an agreement with TXU Electric Delivery Company for street lighting on Dove Loop between Dove Road and Main Street as part of the Dove Loop Construction Project. Public Works Director recommends approval. 16. Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 23 Traffic, Stop Intersections relative to additions and deletions. Public Works Director recommends approval. 17. Consider Mr. Ron Yeary's request for a one-year extension of Conditional Use Permit 0003-33 approved by Ordinance No. 2003-59 on September 16, 2003 for gasoline sales in conjunction with the Tom Thumb Fuel Center located at 338 South Park Boulevard. Development Services Director recommends approval. 18. Consider a resolution declaring SHI-Government Solutions Company a sole source provider for the purchase of a service and maintenance contract covering various software licenses. Assistant City Manager recommends approval. 19. Consider renewal of Bid 47-2000 Janitorial Cleaning of City Parks Facilities Annual Contract with Mary Lou Gilmore. Parks & Recreation Director recommends approval. 20. Consider rejecting all bids received for Bid 191-2004E Emergency Medical Supplies, as they did not meet bid specifications. Fire Chief recommends approval. 21. Consider award of Bid 195-2004 Purchase and Installation of Mobile Computers to L & E Mobile Computers and Mounts for the Fire Department. Fire Chief recommends approval. 22. Consider award of Bid 196-2004E Street Paving Fabric Annual Contract to Lone Star Products. Public Works Director recommends approval. 23. Consider renewal of Bid 164-2003 Various Aggregates Annual Contract to U. S. Silica, Hanson Aggregates, and Top Way Properties. Public Works Director recommends approval. 24. Consider the minutes of the July 20, 2004 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 25. Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z04-08 (Mr. Derek DeGuire) and a subsequent ordinance, if applicable. 26. Consider the recommendation of the Planning & Zoning Commission relative to Historic Landmark Application HL04-02 (West Wall Street Offices) and a subsequent ordinance, if applicable. 27. Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z04-09 (Pemberton Estates II) and a subsequent ordinance, if applicable. 28. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lots 1 and 2, Block 1, Pemberton Estates II and take any necessary action. 29. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU04-23 (Pump It Up) and a subsequent ordinance, if applicable. 30. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU04-24 (Grapevine Retirement Center) and a subsequent ordinance, if applicable. 31. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lots 12R-1, 13R and 15, Block 1, Towne Center Addition No. 2 and take any necessary action. 32. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU04-25 (Off The Vine) and a subsequent ordinance, if applicable. 33. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lots 5R-1A and 5R-1B, Block 1, Southwest Grapevine Commercial Park and take any necessary action. 34. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lots 1R and 2R, Block 6, W. C. Lucas Addition and take any necessary action. 35. Consider the recommendation of the Planning & Zoning Commission relative to the preliminary plat of Lot 1, Block 1, SMF Interests Addition and take any necessary action. 36. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lot 1, Block 2, Genesis Addition and take any necessary action. 37. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lot 2, Block A, Primrose 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 13th day of August, 2004 at 5:00 p.m. Lin a Huff City Secretary AGENDA CITY OF GRAPEVINE SPECIAL BRIEFING SESSION PLANNING & ZONING COMMISSION TUESDAY, AUGUST 17, 2004 AT 7:00 P.M. PLANNING & ZONING CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER WORK SESSION 1. Planning & Zoning Commission to conduct a briefing session to discuss items scheduled to be heard in the August 17, 2004 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 13th day of August, 2004 at 5:00 p.m. i dia-4•• ,,.W,. Lind. Huff City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, AUGUST 17, 2004 AT 7:30 P.M. PLANNING & ZONING COMMISSION CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET OLD BUSINESS 1. Election of Officers NEW BUSINESS 2. Consider Zoning Application Z04-08 (Mr. Derek DeGuire) and make a recommendation to the City Council. 3. Consider Historic Landmark Application HL04-02 (West Wall Street Offices) and make a recommendation to the City Council. 4. Consider Zoning Application Z04-09 (Pemberton Estates II) and make a recommendation to the City Council. 5. Consider the final plat of Lots 1 and 2, Block 1, Pemberton Estates I I and make a recommendation to the City Council. 6. Consider Conditional Use Application CU04-23 (Pump It Up) and make a recommendation to the City Council. 7. Consider Conditional Use Application CU04-24 (Grapevine Retirement Center) and make a recommendation to the City Council. 8. Consider the final plat of Lots 12R-1, 13R and 15, Block 1, Towne Center Addition No. 2 and make a recommendation to the City Council. 9. Consider Conditional Use Application CU04-25 (Off The Vine) and make a recommendation to the City Council. 10. Consider the final plat of Lots 5R-1A and 5R-1B, Block 1, Southwest Grapevine Commercial Park and make a recommendation to the City Council. 11. Consider the final plat of Lots 1R and 2R, Block 6, W. C. Lucas Addition and make a recommendation to the City Council. 12. Consider the preliminary plat of Lot 1, Block 1, SMF Interests Addition and make a recommendation to the City Council. 13. Consider the final plat of Lot 1, Block 2, Genesis Addition and make a recommendation to the City Council. 14. Consider the final plat of Lot 2, Block A, Primrose Addition and make a recommendation to the City Council. 15. Discuss proposed amendment to Section 32 "BP" Business Park District relative to retail uses and take any necessary action. 16. Discuss setting a date for the Third Tri-Annual Workshop and take any necessary action. CONSIDERATION OF MINUTES 17. Consider the minutes of the July 20, 2004 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 13th day of August, 2004 at 5:00 p.m. AI 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 17th day of August, 2004 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 Herbert Fry Vice Chairman Chris Coy Member Danette Murray Member Betty "BJ" Wilson Member Rob Undersander Member Becky St. John Member Paul Jennings Alternate Mark Lowery Alternate constituting a quorum, with the following members of the City Staff: Roger Nelson City Manager Bruno Rumbelow Assistant 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 7:40 p.m. INVOCATION Commissioner Wilson delivered the Invocation. ;may;. 08/17/04 Mayor Tate reported the Council had hosted a reception honoring the 95 citizens that volunteer for the City's thirteen Boards and Commission. He expressed the Council's appreciation to all of the citizens for their commitment and service to their community. ITEM 1. PRESENTATION FROM KREMS, AUSTRIA Convention & Visitors Bureau Advisory Board Chairman Don Bigbie introduced Ms. Nadja Holz!, daughter of the Mayor of Krems, Burgermeister Franz Holz! and Mr. Alex Tischer. Ms. Holzl presented Mayor Tate and the citizens of Grapevine the Watchmans Star (Stern) that is an ancient symbol of the Vineyards of Krems. The Stern was custom made for Grapevine and presented as a symbol for a good economy for Grapevine as it is a symbol of a good harvest for Krems. Mayor Tate accepted the Stern and expressed the citizens' gratitude for the gift to the City. ITEM 2. PUBLIC HEARING, ZONING APPLICATION Z04-08 MR. DEREK DEGUIRE HISTORIC LANDMARK APPLICATION HL04-02 WEST WALL STREET OFFICES Mayor Tate declared the public hearing open. Planner Ron Stombaugh reported Zoning Application Z04-08 and Historic Landmark Application HL04-02 had been filed by Mr. Derek DeGuire for West Wall Street Offices. The zoning application requests rezoning of 0.730 acres from "CN" Neighborhood Commercial District to "PO" Professional Office District. The subject property is located at 313 West Wall Street and the applicant proposes to develop two, single story office structures comprised of 2,100 and 2,700 square feet. The Historic Preservation Commission approved the 313 West Wall Street Historic Landmark Subdistrict at their July 28, 2004 meeting. Mr Derek DeGuire requested favorable consideration of the applications. There were no questions from the City Council or the Planning & Zoning Commission. Brief discussion ensued that adequate parking be a concern for the property when the applicant leases the buildings. 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 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 Spencer, offered a motion to close the public hearing. The motion prevailed by the following vote: 2 08/17/04 Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ITEM 3. PUBLIC HEARING ZONING APPLICATION Z04-09 PEMBERTON ESTATES FINAL PLAT LOTS 1 AND 2, BLOCK 1, PEMBERTON ESTATES II REPLAT OF THE SOUTHERN ONE-HALF OF LOTS 1 AND 2, BLOCK 8, W. C. LUCAS ADDITION Mayor Tate declared the public hearing open. Planner Stombaugh reported that applications had been filed by Pemberton Estates for Zoning Application Z04-09 and the final plat of Lots 1 and 2, Block 1, Pemberton Estates II being a replat of the southern one-half of Lots 1 and 2, Block 8, W. C. Lucas Addition. The zoning application requests rezoning of 0.45 acres of property from "CC" Community Commercial District Regulations to "R-7.5" Single-Family District Regulations. The subject property is located at 211 Lucas Drive and 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. The Council and Commission were copied the one letter of opposition. Commissioner Wilson, seconded by Commissioner Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander & St. John Nays: None Council Member Stewart, seconded by Council Member Freed, 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 CU04-23 PUMP IT UP Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU04-23 had been filed by Pump It Up requesting a conditional use permit for an indoor commercial amusement 3 08/17/04 facility. The applicant proposes a concept whereby the space is rented for children's parties only. The subject property is located at 850 Mustang Drive and is zoned "BP" Business Park District. Mr. Jeff Dean requested favorable consideration of the application noting that the facility would accommodate up to 25 children and be reserved for private parties. 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 the Council and Commission were copied the one letter of approval. Commissioner Fry, seconded by Commissioner Undersander, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander & St. John Nays: None Council Member 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, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ITEM 5. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU04-24 GRAPEVINE RETIREMENT CENTER FINAL PLAT LOTS 12R-1, 13R AND 15, BLOCK 1, TOWNE CENTER ADDITION NO. 2, REPLAT OF LOTS 12R AND 13, BLOCK 1, TOWNE CENTER ADDITION NO. 2 Mayor Tate declared the public hearing open. Planner Stombaugh reported applications had been filed by Grapevine Retirement Center for Conditional Use Application CU04-24 and the final plat of Lots 12R-1, 13R and 15, Block 1, Towne Center Addition No. 2 being a replat of Lots 12R and 13, Block 1, Towne Center Addition No. 2. The property is located at 1100 William D. Tate Avenue and is zoned "CC" Community Commercial District Regulations. A 41,448 square foot "skilled nursing" facility with 66 units for a total of 132 beds is proposed for the property. Mr. Larry Cates and Mr. Scott Luke requested favorable consideration of the application. Brief discussion ensued relative to the residents' ability to exit the facility unsupervised. Mr. Luke responded the main entrance was monitored at all times and there were alarms on all of the exit doors. 4 08/17/04 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, Fry, Murray, Wilson, Undersander & St. John Nays: None Council Member Stewart, seconded by Council Member Spencer, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ITEM 6. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU04-25 OFF THE VINE Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU04-25 had been filed by Off The Vine requesting a conditional use permit to allow the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant located at 322 South Main Street. The subject property is zoned "CBD" Central Business District. Mr. Stombaugh noted there will not be joint access between the current Off The Vine retail shop and the proposed restaurant. Mr. Wayne Turner 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 Fry, 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 Tem Ware, offered a motion to close the public hearing. The motion prevailed by the following vote: 5 08/17/04 Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ITEM 7. PUBLIC HEARING, FINAL PLAT LOTS 5R-1A AND 5R-1B, BLOCK 1, SOUTHWEST GRAPEVINE COMMERCIAL PARK, REPLAT OF LOT 5R-1, BLOCK 1, SOUTHWEST GRAPEVINE COMMERCIAL PARK Mayor Tate declared the public hearing open. Senior Civil Engineer Scott Dyer reported that Mr. Jim Dewey had filed an application for the final plat of Lots 5R-1A and 5R-1 B, Block 1, Southwest Grapevine Commercial Park being a replat of Lot 5R-1, Block 1, Southwest Grapevine Commercial Park. The 2.047 acre property is located at the southeast corner of Southwest Grapevine Parkway and Mustang Drive and is zoned "CC" Community Commercial District Regulations. The property is being platted for a commercial development. 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 hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander & St. John Nays: None Mayor Pro Tem Ware, seconded by Council Member 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 8. PUBLIC HEARING, FINAL PLAT LOTS 1R AND 2R, BLOCK 6, W. C. LUCAS ADDITION, REPLAT OF THE SOUTHERN 135 FEET OF LOTS 1 AND 2, BLOCK 6, W. C. LUCAS ADDITION Mayor Tate declared the public hearing open. Senior Civil Engineer Dyer reported that Ms. Kristi Johnson had filed an application for the final plat of Lots 1R and 2R, Block 6, W. C. Lucas Addition being a replat of the southern 135 feet of Lots 1 and 2, Block 6, W. C. Lucas Addition. The 0.496 acre property is located south of Lipscomb Street, west of Lucas Drive and is zoned "R-7.5" Single-Family District Regulations. 6 08/17/04 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 St. John, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander & St. John Nays: None Council Member Johnson, seconded by Council Member Freed, 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. The City Council remained in session in the Council Chambers to consider published business. ITEM 9A. CITIZENS COMMENTS, MS. LESLIE FRANCIS Ms. Leslie Francis, 1444 Ryan Court, addressed the Council regarding her concerns about the paintball facility on Fairway Drive. She stated that the 20 foot nets used by the facility ruin the lake shores scenic beauty and expressed her concerns of the safety issues involved with the paintball facility. She invited the Council to attend a peaceful protest at the paintball facility on August 21 and to contact the Corps and Marinas International to request they not renew the lease with Texas Sports Academy. ITEM 9. REPORT, SALES TAX STREAMLINING STUDY, KASNER AND ASSOCIATES Administrative Services Director William Gaither introduced Mr. Kyle Kasner, of Kasner and Associates, who presented a brief summary of the analysis of the sales tax streamlining legislation impacts. Mr. Kasner noted the project scope was to approximate any loss to be expected assuming a change in status of city sales/use tax to destination. A minimum loss of 11% to 14% of future sales/use tax remittances, or $1.8 million to $2.3 million annually, is estimated assuming Grapevine's sales/use tax is sourced based upon destination rather than origination. The estimate only encompassed Grapevine's Top 100 7 08/17/04 businesses remitting sales/use tax in 2003 and does not include any Non-Top 100 , businesses. The estimated losses do not include any estimated gains Grapevine would receive for shipments from out-of-Grapevine to Grapevine residences and/or businesses. City Manager Nelson noted the study would be shared with Senator Jane Nelson and Representative Vicki Truitt. There was no action taken by the City Council. ITEM 10. RESOLUTION, ACCEPTING CERTIFIED TAX ROLL Administrative Services Director William Gaither requested approval of a resolution accepting the Certified Tax Roll having a total appraised value of $5,865,826,852.00 with exemptions of $970,868,470.00 for a net taxable value of $4,894,958,382.00. The new construction value included in the net taxable value amount is $181,143,699.00. The adjusted taxable value for 2004, which consists of the total appraised value, including minimum values pending before the Appraisal Review Board and properties not on the tax roll, less new construction is $4,707,249,104.00. The adjusted taxable value is used for effective tax rate calculations. The proposed tax rate is $0.3660 and does not exceed 103% of the effective tax rate. Council Member Freed, seconded by Council Member Johnson, offered a motion to approve the resolution accepting the certified tax roll. The motion prevailed by the "" following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks RESOLUTION NO. 2004-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS APPROVING THE TAX ROLL FOR 2004 ON PROPERTY WITHIN THE CITY; AND PROVIDING AN EFFECTIVE DATE ITEM 11. RESOLUTION, DONATE SOCCER GOALS, MCFADDEN RANCH FOR TEXAS YOUTH Parks & Recreation Director Doug Evans requested approval of a resolution authorizing the donation of two soccer goals to McFadden Ranch for Texas Youth in Roanoke, Texas. He noted that under Local Government Code, Section 253.011 (c), municipalities may transfer property to a non-profit organization without complying with the notice and bidding requirements of Section 272.001(a). Council Member Johnson, seconded by Council Member Spencer, offered a motion to approve the resolution as recommended. The motion prevailed by the following vote: 8 08/17/04 Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks RESOLUTION NO. 2004-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, DECLARING CERTAIN PROPERTY SURPLUS AND/OR SALVAGE; PROVIDING FOR THE DONATION OF SAID PROPERTY TO THE MCFADDEN RANCH FOR YOUTH; AND PROVIDING AN EFFECTIVE DATE ITEM 12. ORDINANCE, ABANDON TEMPORARY ACCESS EASEMENT, ENCHANTED WAY Assistant Director of Public Works/Engineering Stan Laster requested approval of an ordinance abandoning a 739 square foot segment of temporary access easement bordering Enchanted Way. The owners of the adjacent property are preparing to develop the property. Mayor Pro Tem Ware, seconded by Council Member Stewart, offered a motion to approve the ordinance as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Johnson, Stewart & Freed Nays: None Abstain: Spencer Absent: Wilbanks ORDINANCE NO. 2004-47 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A 739 SQUARE FOOT PORTION OF A TEMPORARY ACCESS EASEMENT LOCATED ADJACENT TO ENCHANTED WAY RIGHT-OF-WAY IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 13. AWARD BID 194-2004 MEADOWMERE PARK TRAIL IMPROVEMENTS Assistant Parks & Recreation Director Joe Moore requested approval of the award of Bid 194-2004 Meadowmere Park Trail Improvements to Green Scaping, L. P. in the amount of $108,236.00. The trail will run from Kimball Road up Park Road #4 to the soccer fields. The trail will be the first soft surface trail the City has built and upon completion will extend the City's trail system to 20.5 miles. 9 08/17/04 Council Member Freed, seconded by Council Member Johnson, offered a motion to award the bid as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ITEM 14. CONVENTION & VISITORS BUREAU ADVISORY BOARD APPOINTMENT Council Member Freed, liaison to the Convention & Visitors Bureau, recommended approval of the appointment of Mr. Cliff Reynolds of the Hilton DFW Lakes to a one-year term on the Convention & Visitors Bureau Advisory Board. Council Member Freed, seconded by Council Member Spencer, offered a motion to approve the appointment as recommended. The motion 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 15. Agreement, TXU Electric Delivery Company, Street Lighting Public Works Director recommended approval of an agreement with TXU Electric Delivery Company for street lighting on Dove Loop between Dove Road and Main Street as part of the Dove Loop Construction Project in an amount of $32,995.27. 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 Item 16. Ordinance, Amend Chapter 23 Traffic Public Works Director recommended approval of an ordinance amending the Grapevine of Ordinances, Chapter 23 Traffic, Stop Intersections relative to additions and deletions at various intersections in the City. 10 08/17/04 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 ORDINANCE NO. 2004-48 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 23 TRAFFIC, SECTION 23-30 RELATIVE TO STOP INTERSECTIONS; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Item 17. Extend Conditional Use Permit CU03-33 Tom Thumb Fuel Center Development Services Director recommended approval of Mr. Ron Yeary's request for a one-year extension of Conditional Use Permit CU03-33 approved by Ordinance No. 2003- 59 on September 16, 2003 for gasoline sales in conjunction with the Tom Thumb Fuel Center located at 338 South Park Boulevard. 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 Item 18. Resolution, Sole Source Provider, SHI-Government Solutions Company Assistant City Manager recommended approval of a resolution declaring SHI-Government Solutions Company a sole source provider for the purchase of a service and maintenance contract covering various software licenses in an amount not to exceed $26,290.00. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: 11 08/17/04 Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks RESOLUTION NO. 2004-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO THE PURCHASE OF A MAINTENANCE AGREEMENT; DETERMINING THAT THE MAINTENANCE IS AVAILABLE FROM ONLY ONE SOURCE AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS AND DOCUMENTS AND PROVIDING AN EFFECTIVE DATE Item 19. Renew Bid 47-2000 Janitorial Cleaning, City Park Facilities Parks & Recreation Director recommended approval of the renewal of Bid 47-2000 Janitorial Cleaning of City Parks Facilities Annual Contract with Mary Lou Gilmore. 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 Item 20. Reject Bids Received, Bid 191-2004E Emergency Medical Supplies Fire Chief recommended rejecting all bids received for Bid 191-2004E Emergency Medical Supplies, as they did not meet bid specifications. 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 Item 21. Award Bid 195-2004 Purchase and Installation, Mobile Computers Fire Chief recommended approval of the award of Bid 195-2004 Purchase and Installation of Mobile Computers to L & E Mobile Computers and Mounts for the Fire Department in the amount of $64,180.55. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: 12 08/17/04 Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks Item 22. Award Bid 196-2004E Street Paving Fabric Annual Contract Public Works Director recommended approval of the award of Bid 196-2004E Street Paving Fabric Annual Contract to Lone Star Products. 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 Item 23. Renew Bid 164-2003 Various Aggregates Annual Contract Public Works Director recommended approval of the renewal of Bid 164-2003 Various Aggregates Annual Contract to U. S. Silica, Hanson Aggregates, and Top Way Properties as needed by the Street, Water and Golf divisions. 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 Item 24. Consideration of Minutes City Secretary recommended approval of the minutes of the July 20, 2004 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 ITEM 25. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATON Z04-08 MR. DEREK DEGUIRE Chairman Oliver reported the Commission voted 7-0 for approval of Zoning Application 13 08/17/04 Z04-08 filed by Mr. Derek DeGuire requesting rezoning of 0.730 acres from "CN" Neighborhood Commercial District to "PO" Professional Office District. The subject property is located at 313 West Wall Street. Council Member Stewart, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation and approve the ordinance granting the rezoning. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ORDINANCE NO. 2004-49 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 Z04-08 ON A TRACT OF LAND OUT OF THE WM. 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 "CN" NEIGHBORHOOD COMMERCIAL DISTRICT REGULATIONS TO "PO" PROFESSIONAL OFFICE 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 26. PLANNING & ZONING COMMISSION RECOMMENDATION HISTORIC LANDMARK APPLICATION HL04-02 WEST WALL STREET Chairman Oliver reported the Commission voted 7-0 for approval of Historic Landmark Application HL04-02 West Wall Street Offices and approval of the 313 West Wall Street Historic Landmark Subdistrict Design Guidelines. 14 08/17/04 Council Member Stewart, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation and approve the ordinance granting the Historic Landmark Subdistrict and adoption of the 313 West Wall Street Historic Landmark Subdistrict Design Guidelines. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ORDINANCE NO. 2004-50 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DESIGNATING HISTORIC LANDMARK SUBDISTRICT HL04-02 IN ACCORDANCE WITH SECTION 39 OF ORDINANCE NO. 82-73, ALSO KNOWN AS APPENDIX "D" OF THE CODE OF ORDINANCES, THE COMPREHENSIVE ZONING ORDINANCE, DESIGNATING LOT 2, BLOCK 1, SATHRE ADDITION OF THE WM. DOOLEY SURVEY, ABSTRACT NO. 422, AND MORE SPECIFICALLY DESCRIBED HEREIN, IN A DISTRICT ZONED "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS; PROVIDING FOR THE ADOPTION OF THE 313 WEST 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 27. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z04-09 PEMBERTON ESTATES II Chairman Oliver reported the Commission voted 7-0 for approval of Zoning Application Z04-09 filed by Pemberton Estates II granting rezoning of 0.45 acres of property from "CC" Community Commercial District Regulations to "R-7.5" Single-Family District Regulations for property located at 211 Lucas Drive. Council Member Johnson, seconded by Mayor Pro Tern Ware, offered a motion to accept the Commission's recommendation and approve the ordinance granting the rezoning. The 15 08/17/04 motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ORDINANCE NO. 2004-51 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 Z04-09 ON A TRACT OF LAND OUT OF THE T. MAHAN SURVEY, ABSTRACT NO. 1050, 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 "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS TO "R-7.5" SINGLE-FAMILY DISTRICT REGULATIONS; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE . DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 28. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1 AND 2, BLOCK 1, PEMBERTON ESTATES II Chairman Oliver reported the Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 1 and 2, Block 1, Pemberton Estates II located south of the southwest corner of Worthington and Lucas Drive. The 0.45 acre property is being platted for a residential development. Council Member Johnson, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lots 1 and 2, Block 1, Pemberton Estates II. The motion prevailed by the 10".0 following vote: 16 08/17/04 Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ITEM 29. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU04-23 PUMP IT UP Chairman Oliver reported the Commission voted 7-0 for approval of Conditional Use Application CU04-23 filed by Pump It Up granting a conditional use permit for an indoor commercial amusement facility located at 850 Mustang Drive. Council Member Stewart, 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, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ORDINANCE NO. 2004-52 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 CU04-23 TO ALLOW FOR AN INDOOR COMMERCIAL AMUSEMENT FACILITY IN A DISTRICT ZONED "BP" BUSINESS PARK DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE 17 08/17/04 ITEM 30. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU04-24 GRAPEVINE RETIREMENT CENTER Chairman Oliver reported the Commission voted 7-0 for approval of Conditional Use Application CU04-24 filed by Grapevine Retirement Center granting a conditional use permit for a skilled nursing facility on property located at 1100 William D. Tate Avenue. Council Member Spencer, 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, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ORDINANCE NO. 2004-53 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 CU04-24 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2003-52 FOR A PLANNED COMMERCIAL CENTER FOR THE DEVELOPMENT OF A NURSING HOME 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 DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 31. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 12R-1, 13R AND 15, BLOCK 1, TOWNE CENTER ADDITION NO. 2 18 08/17/04 Chairman Oliver reported the Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 12R-1, 13R and 15, Block 1, Towne Center Addition No. 2. The 14.4421 acre property is located at the south of Ira E. Woods Avenue, west of William D. Tate Avenue and is being platted for a commercial development. 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 12R-1, 13R and 15, Block 1, Towne Center Addition No. 2. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ITEM 32. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU04-25 OFF THE VINE Chairman Oliver reported the Commission voted 7-0 for approval of Conditional Use Application CU04-25 filed by Off The Vine granting a conditional use permit for the possession, storage, retail sale on on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant located at 322 South Main Street. Council Member Johnson, 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. 2004-54 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 CU04-25 TO ALLOW THE POSSESSION, STORAGE, RETAIL SALE AND ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) IN CONJUNCTION WITH A RESTAURANT IN A DISTRICT ZONED "CBD" CENTRAL BUSINESS DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL 19 08/17/04 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 33. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 5R-1A AND 5R-1B, BLOCK 1, SOUTHWEST GRAPEVINE COMMERCIAL PARK Chairman Oliver reported the Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 5R-1 A and 5R-1 B, Block 1, Southwest Grapevine Commercial Park. The 2.047 acre property is located at the southeast corner of Southwest Grapevine Parkway and Mustang Drive and is being platted for a commercial 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 Lots 5R-1A and 5R-1 B, Block 1, Southwest Grapevine Commercial Park. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ITEM 34. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1R AND 2R, BLOCK 6, W. C. LUCAS ADDITION Chairman Oliver reported the Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 1R and 2R, Block 6, W. C. Lucas Addition. The 0.496 acre property is located south of Lipscomb Street, west of Lucas Drive and is being platted for a residential development. 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 1R and 2R, Block 6, W. C. Lucas Addition. The motion prevailed by the following vote: .. 20 08/17/04 Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ITEM 35. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT LOT 1, BLOCK 1, SMF INTERESTS ADDITION Chairman Oliver reported the Commission voted 7-0 for approval of the Statement of Findings and the preliminary plat of Lot 1, Block 1, SMF Interests Addition with the condition that on the concept plan the wording "warehouse" be changed to "storage". The 2.598 acre property is located on the southeast corner of Genesis Way and Enchanted Way and is being platted for construction of a commercial building. Council Member Johnson, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the preliminary plat of Lot 1, Block 1, SMF Interests Addition with the condition that on the concept plan the wording "warehouse" be changed to "storage". The motion prevailed by the following vote: Ayes: Tate, Ware, Johnson, Stewart & Freed Nays: None Abstain: Spencer `° Absent: Wilbanks ITEM 36. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1, BLOCK 2, GENESIS ADDITION Chairman Oliver reported the Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1, Block 2, Genesis Addition. The 4.128 acre property is located on the north side of Bass Pro Drive, east of Enchanted Way and is being platted for a commercial development. 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 2, Genesis Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Johnson, Stewart & Freed Nays: None Abstain: Spencer Absent: Wilbanks ITEM 37. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 2, BLOCK A, PRIMROSE ADDITION Chairman Oliver reported the Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 2, Block A, Primrose Addition. The 2.613 acre property 21 08/17/04 is located on the north side of Hall-Johnson Road, east of Heritage Avenue and is being platted for a commercial development. 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 2, Block A, Primrose 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 8:52 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 7th day of September, 2004. APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary 22