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HomeMy WebLinkAbout2002-08-20 Joint Meeting AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING WORKSHOP TUESDAY, AUGUST 20, 2002 AT 6:00 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET DINNER AT 6:00 P.M. BOARD AND COMMISSION RECEPTION AT 6:45 P.M. CALL TO ORDER 1. Discuss Parks and Recreation fees. 2. Discuss proposed amendments to Chapter 12 Health and Sanitation. 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 16th day of August, 2002 at 5:00 p.m. Lin a 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 20th day of August, 2002 at 6:00 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 C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with the following members of the City Staff: Roger Nelson City Manager Bruno Rumbelow Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Melisa Leal Assistant to the City Manager Jennifer Hibbs Assistant to the City Manager CALL TO ORDER Mayor Tate called the meeting to order at 6:09 p.m. ITEM 1. DISCUSS PARKS & RECREATION FEES Parks & Recreation Director Doug Evans and Recreation Superintendent Lori Smeby reviewed proposed recreation fee increases for membership and programs offered at the Grapevine Community Activity Center. It was the consensus of the Council to proceed with the fee increases. There was no formal action taken by the City Council. ITEM 2. DISUCSS AMENDMENTS TO CHAPTER 12 HEALTH AND SANITATION Assistant Director of Development Services Scott Williams reviewed the proposed amendments to the health ordinance in Chapter 12 Health and Sanitation of the Grapevine Code of Ordinances. The proposed amendments provide new definitions, as well as detailed provisions for food establishments, day care centers and public swimming pools. 08/20/02 Discussion ensued relative to an October 1, 2002 effective date for the proposed ordinance. There was no formal action taken by the City Council. ADJOURNMENT Council Member Stewart, seconded by Council Member Wilbanks, offered a motion to adjourn the workshop at 6:25 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 3rd day of September, 2002. APPROVED: C1 -_ Willi rfiD. ate Mayor ATTEST: (i Linda Huff City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, AUGUST 20, 2002 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. Real property relative to public parking on South Main Street pursuant to Section 551.072, 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 real property and conference with employees under Sections 551.072 and 551.087, Texas Government Code. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at (817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Special City Council Meeting Agenda was prepared and posted on this the 16th day of August, 2002 at 5:00 p.m. Linda Huff City Secretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE • The City Council of the City of Grapevine, Texas met in Special Session (Executive Session) on this the 20th day of August, 2002 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 C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with the following members of the City Staff: Roger Nelson City Manager Bruno Rumbelow Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Melisa Leal Assistant to the City Manager Jennifer Hibbs Assistant to the City Manager CALL TO ORDER Mayor Tate called the meeting to order at 6:26 p.m. ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding: (A) real property relative to public parking on South Main Street, 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 551.072 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. 08/20/02 NOTE: City Council continued with the Regular City Council meeting in open session in the Council Chambers. ADJOURNMENT Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to adjourn the meeting at 9:04 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 3rd day of September, 2002. APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL PLANNING & ZONING COMMISSION MEETING TUESDAY, AUGUST 20, 2002 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER INVOCATION: Commissioner Betty Nicholson JOINT PUBLIC HEARINGS 1. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU02-29 filed by Eagle Believer's Church requesting a conditional use permit for a religious institution on property located at 925 Minters Chapel Road. The subject property is zoned "LI" Light Industrial District. 2. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU02-30 and the application for the final plat of Lots 4R-1 and 6, Block 1, Tom Thumb Addition No. 1 being a replat of Lot 4R, Block 1, Tom Thumb Addition No. 1. The applications were filed by Greenback Nursery requesting a conditional use permit to amend the site plan approved by Ordinance No. 99-151 for outside storage in conjunction with a retail nursery and a garden supply store. The subject property is located at 4120 William D. Tate Avenue and is zoned "CC" Community Commercial District Regulations. 3. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU02-31 filed by J. A. Green Trade Center West requesting a conditional use permit to amend the site plan approved by Ordinance No. 2000-100 to allow outside storage behind Building 15 in conjunction with a freight forwarding business. The subject property is located at 601, 701 and 801 Hanover Drive and is zoned "LI" Light Industrial District. 4. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU02-33 filed by Tap-In Restaurant requesting a conditional use permit to amend the site plan approved by Ordinance No. 99-168 to enlarge the restaurant located at 120 South Main Street. The subject property is zoned "CBD" Central Business District. 5. City Council and Planning & Zoning Commission to conduct a public hearing relative to proposed amendments to the Grapevine Code of Ordinances, Appendix D, Comprehensive Zoning Ordinance No. 82-73, as amended, Section 12 Definitions and Section 49 Special Use Permits relative to church uses and religious campuses and Section 60 Sign Standards relative to governmental uses. END OF JOINT PUBLIC HEARINGS Planning & Zoning Commission to recess to Planning & Zoning Commission Conference Room, Second Floor to consider published agenda items. City Council to remain in session in the Council Chambers to consider published business. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at (817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Regular Joint City Council and Planning & Zoning Commission Meeting Agenda was prepared and posted on this the 16th day of August, 2002 at 5:00 p.m. Lid Huff -It(' City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, AUGUST 20, 2002 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CITIZEN COMMENTS PUBLIC HEARING 6. Conduct a public hearing relative to amendments to the Water and Wastewater Impact Fees, consider the first reading of an ordinance amending the Grapevine Code of Ordinances, Chapter 25 Utilities and Services relative to Water and Wastewater Impact Fees and take any necessary action. NEW BUSINESS 7. Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 16 Parks & Recreation relative to the closure of athletic fields during maintenance/field conditions and take any necessary action. CONSENT AGENDA Consent items are deemed to need little Council deliberation and will be acted upon as one business item. Any member of the City Council or member of the audience may request that an item be withdrawn from the consent agenda and placed before the City Council for full discussion. Approval of the consent agenda authorizes the City Manager, or his designee, to implement each item in accordance with Staff recommendations. 8. Consider proposed amendments to the Grapevine Code of Ordinances, Chapter 12 Health and Sanitation relative to adopting a new health code ordinance. Development Services Director recommends approval. 9. Consider a resolution accepting the 2002 certified tax roll having a total appraised value of $5,471,902,668.00, a net taxable value of $4,499,972,961.00 plus an additional $90,660,138.00 in estimated minimum property value pending disposition before the Appraisal Review Board and $209,890,635.00 in properties not on the roll. Administrative Services Director recommends approval. 10. Consider a resolution expressing intent to finance expenditures to be incurred for equipment purchase approved in Fiscal Year 2002 budget. Administrative Services Director recommends approval. 11. Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 16 Parks & Recreation prohibiting jumping and fishing from bridges in the City of Grapevine. Public Works Director recommends approval. 12. Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 23 Traffic Stop Intersections for all-way stop controls at three intersections on Parr Road. Public Works Director recommends approval. 13. Consider a resolution discontinuing participation in the Access to Jobs pilot program. Staff recommends approval. 14. Consider an agreement with Oncor Electric Delivery Company to provide street lights on Parr Road and authorization for Staff to execute said agreement. Public Works Director recommends approval. 15. Consider a resolution approving a contract with the YMCA of Metropolitan Fort Worth to provide transportation services on behalf of the Northeast Transportation Service (NETS) member cities and authorizing City Manager to take any necessary action including the execution of any additional documents necessary for the NETS program. Staff recommends approval. 16. Consider appointment of Mr. David McCurdy to the Library Board for a one-year term. Staff recommends approval. 17. Consider tabling the second reading of Zoning Application Z02-05 filed by McPherson Townhomes to October 15, 2002 (rezoning 1.3 acres located at 2172 McPherson Drive from "R-MF-2" Multifamily District Regulations to "R-MF-1" Multifamily District Regulations). Development Services Director recommends approval. 18. Consider a resolution declaring SHI-Government Solutions as the sole provider of a service and maintenance agreement covering GroupWise and Network Software. Assistant City Manager recommends approval. 19. Consider award of Bid 133-2002 Concrete Construction Services Annual Contract to the lowest and best bidders meeting specifications: American Civil Constructors, primary supplier and Ed A. Wilson, secondary supplier. Public Works Director recommends approval. 20. Consider award of Bid 134-2002 Temporary Employment Services Annual Contract to the lowest and best bidders meeting specifications: Manpower Employment, primary supplier, and The Roberts Group d.b.a. Snelling Personnel Services as secondary supplier. Administrative Services Director recommends approval. 21. Consider a resolution ratifying the purchase and installation of a traffic crosswalk system from Control Technologies of Texas as part of the Main Street overlay project. Public Works Director recommends approval. 22. Consider award of a contract to Green Scaping to furnish and install curbing, excavation and bench pads at Oakridge and Heritage Parks. Parks & Recreation Director recommend approval. 22A. Consider approval of a replacement vehicle for the Police Department. Police Chief recommends approval. 23. Consider the minutes of the July 16, 2002 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 24. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU02-29 (Eagle Believer's Church) and first reading of a subsequent ordinance, if applicable. 25. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU02-30 (Greenback Nursery) and a subsequent ordinance, if applicable. 26. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lots 4R-1 and 6, Block 1, Tom Thumb Addition No. 1 and take any necessary action. 27. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU02-31 (J. A. Green Trade Center West) and a subsequent ordinance, if applicable. 28. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU02-33 (Tap-In Restaurant) and a subsequent ordinance, if applicable. 29. Consider the recommendation of the Planning & Zoning Commission relative to proposed amendments to the Grapevine Code of Ordinances, Appendix D, Comprehensive Zoning Ordinance No. 82-73, as amended, Section 12 Definitions, Section 49 Special Use Permits and Section 60 Sign Standards and subsequent ordinances, if applicable. 30. Consider the final plat of Lots 1 and 2, Block 1, Darby's Place Addition and take any necessary action. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at (817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Regular City Council Meeting Agenda was prepared and posted on this the 16th day of August, 2002 at 5:00 p.m. opy4ideed .xze_e6 Linda Huff City Secretary AGENDA CITY OF GRAPEVINE SPECIAL BRIEFING SESSION PLANNING & ZONING COMMISSION TUESDAY, AUGUST 20, 2002 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 20, 2002 public hearing. ADJOURNMENT If you plan to attend this briefing session and you have a disability that requires special arrangements at the meeting, please contact the office of Development Services at (817) 410-3154 at least 24 hours in advance. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et. seq. Acts of the 1993 Texas Legislature, the Planning and Zoning Commission Briefing Session Agenda was prepared and posted on this the 16th day of August, 2002 at 5:00 p.m. Linda Huff City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, AUGUST 20 , 2002 AT 7:30 P.M. PLANNING & ZONING COMMISSION CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET NEW BUSINESS 1. Election of Officers 2. Consider Conditional Use Application CU02-29 (Eagle Believer's Church) and make a recommendation to the City Council. 3. Consider Conditional Use Application CU02-30 (Greenback Nursery) and make a recommendation to the City Council. 4. Consider the final plat of Lots 4R-1 and 6, Block 1, Tom Thumb Addition No. 1 and make a recommendation to the City Council. 5. Consider Conditional Use Application CU02-31 (J. A. Green Trade Center West) and make a recommendation to the City Council. 6. Consider Conditional Use Application CU02-33 (Tap-In Restaurant) and make a recommendation to the City Council. 7. Consider Parking Plan PP02-01 filed by Tap-In Restaurant at 120 South Main Street #40 requesting a revision to the parking plan for Century Plaza and take any necessary action. 8. Consider proposed amendments to the Grapevine Code of Ordinances, Appendix D, Comprehensive Zoning Ordinance No. 82073, as amended, Section 12 Definitions, Section 49 Special Use Permits and Section 60 Sign Standards and make a recommendation to the City Council. 9. Consider the final plat of Lots 1 and 2, Block 1, Darby's Place Addition and make a recommendation to the City Council. 10. Consider setting a date for the second Tri-Annual Planning & Zoning Commission workshop and take any necessary action. CONSIDERATION OF MINUTES 11. Consider the minutes of the July 16, 2002 Planning & Zoning Commission meetings and take any necessary action. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at (817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Regular Planning & Zoning Commission Meeting Agenda was prepared and posted on this the 16th day of August, 2002 at 5:00 p.m. Linda Huff 1 City Secretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council and the Planning & Zoning Commission of the City of Grapevine, Texas met in Regular Joint Session on this the 20th day of August, 2002 at 7:30 p.m. in the City Council Chambers, Second Floor, 200 South Main Street, with the following members of the City Council present to-wit: William D. Tate Mayor Ted R. Ware Mayor Pro Tem Sharron Spencer Council Member C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Herbert Fry Vice Chairman Chris Coy Member Kevin Busbee Member Danette Murray Member Betty Nicholson Member Rob Undersander Member Michael Crapp Alternate Becky St. John 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 Melisa Leal Assistant to the City Manager Jennifer Hibbs Assistant to the City Manager CALL TO ORDER Mayor Tate called the meeting to order at 7:32 p.m. INVOCATION Commissioner Nicholson delivered the Invocation. 08/20/02 ITEM 1. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU02-29 EAGLE BELIEVER'S CHURCH Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU02-29 had been filed by Eagle Believer's Church requesting a conditional use permit for a religious institution on property located at 925 Minters Chapel Road. The 1.682 acre property is zoned "LI" Light Industrial District. A variance application associated with this request must be considered by the Board of Zoning Adjustment for a variance to the minimum rear yard requirement and drive aisles requirement of the "LI" district, therefore, requiring two readings of the ordinance, if approved. Mr. Phil Morley and Dr. Nosa Evbuomwan requested favorable consideration of the application. Dr. Evbuomwan stated that certified instructors would teach nursing and computer courses. Brief discussion ensued relative to the number of classrooms and students that could be accommodated in the vocational school. Dr. Evbuomwan responded there would be approximately 4 to 6 classrooms and 8 to 10 students in each class at varying times. 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 concern. Commissioner Busbee, seconded by Commissioner Fry, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Busbee, Murray, Nicholson & Undersander Nays: None Council Member Stewart, seconded by Council Member Johnson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 2. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU02-30 CONDITIONAL USE APPLICATION CU02-30 GREENBACK NURSERY Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU02-30 and the application for the final plat of Lots 4R-1 and 6, Block 1, Tom Thumb Addition No. 1 being a replat of Lot 4R, Block 1, Tom Thumb Addition No. 1 had been filed by Greenback Nursery. The conditional use application requests a conditional use permit to amend the site plan 2 08/20/02 approved by Ordinance No. 99-151 for outside storage in conjunction with a retail nursery and a garden supply store. The subject property is located at 4120 William D. Tate Avenue and is zoned "CC" Community Commercial District Regulations. The developer proposes a 12,383 square foot primary structure, a 24,978 square foot shade structure and approximately 1.8 acres of outdoor storage located on each side and rear of the two structures. The outdoor storage will be screened by an eight-foot vinyl coated chain link fence on the north, east and south sides of the storage area, with a six-foot wood fence on the west. A monument sign is proposed at the entrance of the site along William D. Tate Avenue. Mr. Alan Miller requested favorable consideration of the application. City Council questioned what materials would be in the outside storage and whether a masonry fence could be considered instead of the vinyl coated chain link. Mr. Miller responded that plant materials, mulch and landscape materials would be kept in the outside storage and another type of fence could be considered. 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 Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Busbee, Murray, Nicholson & Undersander Nays: None Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 3. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU02-31 J. A. GREEN TRADE CENTER WEST Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU02-31 had been filed by J. A. Green Trade Center West requesting a conditional use permit to amend the site plan approved by Ordinance No. 2000-100 to allow outside storage (75' x 75') behind Building 15 in conjunction with a freight forwarding business. The subject property is located at 601, 701 and 801 Hanover Drive and is zoned "LI" Light Industrial District. The screening walls of the storage area are proposed to be eight-feet high with masonry facing Hanover Street and wood on the other two sides. Mr. Daniel Green requested favorable consideration of the application. 3 08/20/02 There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak. City Secretary Huff reported the Council and Commission had been copied the one letter of support. Commissioner Coy, seconded by Commissioner Nicholson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Busbee, Murray, Nicholson & Undersander 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: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 4. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU02-33 TAP-IN RESTAURANT Mayor Tate declared the public hearing open. Mr. Greg Robertson reported Conditional Use Application CU02-33 had been filed by Tap- In Restaurant requesting a conditional use permit to amend the site plan approved by Ordinance No. 99-168 to enlarge the restaurant located at 120 South Main Street. The subject property is zoned "CBD" Central Business District. The existing 2,363 square foot restaurant will be expanded to a total of 4,727 square feet that requires 64 parking spaces. The applicant has submitted a parking plan to be considered by the Planning & Zoning Commission that provides a total of 80 parking spaces behind the building, on-street parking, as well as the parking lot located behind City Hall. Mr. Greg Robertson 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 Busbee, seconded by Commissioner Nicholson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Busbee, Murray, Nicholson & Undersander Nays: None 4 08/20/02 Council Member Johnson, seconded by Council Member Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 5. PUBLIC HEARING, AMEND APPENDIX D, COMPREHENSIVE ZONING ORDINANCE NO. 82-73, SECTION 12 DEFINITIONS, SECTION 49 SPECIAL USE PERMITS AND SECTION 60 SIGN REGULATIONS Mayor Tate declared the public hearing open. Planner Stombaugh reviewed proposed amendments to the Grapevine Code of Ordinances, Appendix D, Comprehensive Zoning Ordinance No. 82-73, as amended, Section 12 Definitions and Section 49 Special Use Permits relative to church definition, uses and religious campuses in specific zoning districts and amendments to Section 60 Sign Regulations relative to sign regulations for governmental uses. 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 Undersander, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Busbee, Murray, Nicholson & Undersander Nays: None 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, Wilbanks, Johnson, Stewart & Freed Nays: None RECESS AND RECONVENE Mayor Tate announced the Planning & Zoning Commission would recess to the Planning & Zoning Conference Room to consider published business. The City Council remained in session in the Council Chambers to consider published business. ITEM 5A. CITIZEN COMMENTS, MR. ROBERT ROSE Mr. Robert Rose, 2704 Cypress Creek Court, addressed the Council regarding his 5 08/20/02 complaint against the City relative to a sewage backup at 2704 Cypress Creek Court. ITEM 6. PUBLIC HEARING, WATER AND WASTEWATER IMPACT FEES ORDINANCE, FIRST READING, AMEND CHAPTER 25 UTILITIES AND SERVICES, WATER AND WASTEWATER IMPACT FEES Mayor Tate declared the public hearing open. Public Works Director Jerry Hodge introduced Mr. Tom Gooch, of Freese and Nichols, Inc., who presented the Update of Water and Wastewater System Impact Fees Report dated August, 2002, relative to Water and Wastewater Impact Fees that can be imposed for the ten-year planning period of 2002 to 2012. He addressed the various elements of the second and final phase of developing water and wastewater impact fees including mandated fee credits. After analysis, Freese and Nichols, Inc. reported that the preferred approach to establish the maximum allowable fee was to utilize a credit equal to 50% of the total projected cost of implementing the capital improvement plan. The maximum allowable fee must be calculated to establish the upper limit for the fee utilizing the credits required by law. The Council can then impose any fee less than or equal to the maximum allowable within the designated service area identified in the Amended Land Use Assumption Map. The Impact Fee Advisory Committee recommends that the City Council consider adopting the following fees: maximum fee after 50% credit for water/SFLUE of$1,696; maximum fee after 50% credit for wastewater/SFLUE of$1,082. Mayor Tate invited guests present to comment regarding the proposed impact fees. No one wished to speak and there was no correspondence to report. Council Member Wilbanks, seconded by Mayor Pro Tern Ware, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Mayor Pro Tem Ware, seconded by Council Member Stewart, offered a motion to approve the first reading of the ordinance adopting amended Water and Wastewater Impact Fees. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS APPROVING, ADOPTING AND IMPOSING AMENDED WATER AND WASTEWATER IMPACT FEES; AMENDING CHAPTER 25 UTILITIES AND SERVICES OF THE 6 08/20/02 GRAPEVINE CODE OF ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR THE REPEAL OF INCONSISTENT ORDINANCES; AND PROVIDING AN EFFECTIVE DATE ITEM 7. ORDINANCE, AMEND CHAPTER 16 PARKS & RECREATION ATHLETIC FIELDS CLOSURE Parks & Recreation Director Doug Evans recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 16 Parks & Recreation to prohibit the use of athletic fields that have been posted closed due to maintenance/field conditions. Council Member Spencer, seconded by Council Member Freed, offered a motion to adopt the ordinance as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2002-57 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE CODE OF ORDINANCES, CHAPTER 16 PARKS AND RECREATION, ARTICLE I, BY THE ADDITION OF SECTION 16-16 RELATING TO ATHLETIC FIELD CLOSURE; PROVIDING FOR THE PLACEMENT OF SIGNS; PROVIDING A PENALTY OF FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING FOR AN EFFECTIVE DATE CONSENT AGENDA The next order of business for the City Council was to consider the consent agenda items, which were deemed to need little or no discussion and were acted upon as one business item. Mayor Tate asked if there was any member of the audience or the City Council who wished to remove an item from the consent agenda for full discussion. Item 8 Ordinance, Amend Chapter 12 Health and Sanitation was removed from the consent agenda by Council Member Wilbanks. ITEM 8. ORDINANCE, AMEND CHAPTER 12 HEALTH AND SANITATION This item was removed from the consent agenda. Development Services Director recommended approval of an ordinance amending to the Grapevine Code of Ordinances, Chapter 12 Health and Sanitation relative to adopting a 7 08/20/02 new health code ordinance. Motion by Council Member Wilbanks, seconded by Council Member Freed, to approve as recommended with an October 1, 2002 effective date of the ordinance prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2002-58 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 12, HEALTH AND SANITATION, REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH SEPARATE OFFENSE 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 9. Resolution, Accept 2002 Certified Tax Roll Administrative Services Director recommended approval of a resolution accepting the 2002 certified tax roll having a total appraised value of $5,471,902,668.00, a net taxable value of$4,499,972,961.00 plus an additional $90,660,138.00 in estimated minimum property value pending disposition before the Appraisal Review Board and $209,890,635.00 in properties not on the roll. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2002-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS APPROVING THE TAX ROLL FOR 2002 ON PROPERTY WITHIN THE CITY; AND PROVIDING AN EFFECTIVE DATE Item 10. Resolution, Intent to Finance Expenditures 8 08/20/02 Administrative Services Director recommended approval of a resolution expressing intent to finance expenditures to be incurred for Fire Department equipment purchases approved in Fiscal Year 2002 budget. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2002-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, EXPRESSING INTENT TO FINANCE EXPENDITURES TO BE INCURRED AND PROVIDING AN EFFECTIVE DATE Item 11. Ordinance, Amend Chapter 16 Parks & Recreation Public Works Director recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 16 Parks & Recreation prohibiting jumping and fishing from bridges in the City of Grapevine. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2002-59 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE CODE OF ORDINANCES, CHAPTER 16 PARKS AND RECREATION, BY THE ADDITION OF SECTION 16-17 FISHING OR JUMPING FROM BRIDGES AND RIGHT-OF-WAY; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Item 12. Ordinance, Amend Chapter 23 Traffic k.:.. Public Works Director recommended approval of an ordinance amending the Grapevine 9 08/20/02 Code of Ordinances, Chapter 23 Traffic Stop Intersections for all-way stop controls at three intersections on Parr Road. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2002-60 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 23 TRAFFIC, SECTION 23-30 RELATIVE TO STOP INTERSECTIONS; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Item 13. Resolution, Discontinue Access to Jobs Pilot Program Staff recommended approval of a resolution discontinuing participation in the Access to Jobs pilot program. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2002-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS WITHDRAWING FROM THE ACCESS TO JOBS PILOT PROGRAM AND PROVIDING AN EFFECTIVE DATE Item 14. Agreement Oncor Electric Delivery Company, Street Lights, Parr Road Public Works Director recommended approval of an agreement with Oncor Electric Delivery Company in an amount of$30,842.07 to provide street lights on Parr Road and authorization for Staff to execute said agreement. 08/20/02 Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 15. Resolution, YMCA Contract for Northeast Transportation Service (NETS) Staff recommended approval of a resolution approving a contract with the YMCA of Metropolitan Fort Worth to provide transportation services on behalf of the Northeast Transportation Service (NETS) member cities and authorizing City Manager to take any necessary action including the execution of any additional documents necessary for the NETS program. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2002-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS APPROVING A CONTRACT WITH THE YMCA OF METROPOLITAN FORT WORTH TO PROVIDE TRANSPORTATION SERVICES ON BEHALF OF THE NORTHEAST TRANSPORTATION SERVICE, AUTHORIZING THE CITY MANAGER TO EXECUTE SAME AND RELATED DOCUMENTS AND DECLARING AN EFFECTIVE DATE Item 16. Library Board Appointment Staff recommended approval of the appointment of Mr. David McCurdy to the Library Board for a one-year term. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 17. Zoning Application Z02-05 McPherson Townhomes Development Services Director recommended tabling the second reading of Zoning Application Z02-05 filed by McPherson Townhomes to October 15, 2002 (rezoning 1.3 acres located at 2172 McPherson Drive from "R-MF-2" Multifamily District Regulations to 11 08/20/02 "R-MF-1" Multifamily District Regulations). Fmk Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 18. Resolution, Declaring SHI-Government Solutions, Sole Source Assistant City Manager recommended approval of a resolution declaring SHI-Government Solutions as the sole provider of a service and maintenance agreement in an amount not to exceed $19,659.00 covering GroupWise and Network software. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2002-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO THE PURCHASE OF A SOFTWARE 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. Award Bid 133-2002 Concrete Construction Services Annual Contract Public Works Director recommended award of Bid 133-2002 Concrete Construction Services Annual Contract to the lowest and best bidders meeting specifications: American Civil Constructors, primary supplier and Ed A. Wilson, secondary supplier. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 20. Award Bid 134-2002 Temporary Employment Services Annual Contract Administrative Services Director recommended award of Bid 134-2002 Temporary Employment Services Annual Contract to the lowest and best bidders meeting 12 08/20/02 specifications: Manpower Employment, primary supplier, and The Roberts Group d.b.a. Snelling Personnel Services as secondary supplier. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 21. Resolution, Ratify Purchase of Traffic Crosswalk System Public Works Director recommended approval of a resolution ratifying the purchase and installation of a in-pavement traffic crosswalk system from Control Technologies of Texas in the amount of$16,164.00 as part of the Main Street overlay project. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2002-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO THE RATIFICATION OF STAFF PURCHASE AND INSTALLATION OF A TRAFFIC CROSSWALK SYSTEM FOR THE TRAFFIC DIVISION AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS AND DOCUMENTS AND PROVIDING AN EFFECTIVE DATE Item 22. Award Contract, Oakridge and Heritage Parks Curbing Parks & Recreation Director recommended award of a contract to Green Scaping to furnish and install curbing, excavation and bench pads at Oakridge and Heritage Parks in the amount of $16,300.00. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 22A. Purchase Replacement Vehicle, Police Department 13 08/20/02 Police Chief recommended approval of a replacement vehicle in the amount of$23,996.82 for the Police Department. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 23. Consideration of Minutes City Secretary recommended approval of the minutes of the July 16, 2002 City Council meetings as published. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 24. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU02-29 Chairman Oliver reported the Commission voted 7-0 for approval of Conditional Use Application CU02-29 filed by Eagle Believer's Church requesting a conditional use permit for a religious institution on property located at 925 Minters Chapel Road. Council Member Stewart, seconded by Mayor Pro Tern Ware, offered a motion to accept the Commission's recommendation and approve the first reading of the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 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 CU02-29 TO ALLOW A RELIGIOUS INSTITUTION IN A DISTRICT ZONED "LI" LIGHT INDUSTRIAL DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER 14 08/20/02 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 AND PROVIDING AN EFFECTIVE DATE ITEM 25. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU02-30 GREENBACK NURSERY Commissioner Oliver reported the Commission had voted 7-0 for approval of Conditional Use Application CU02-30 with the condition that the chain link fence be replaced with an 8-foot wrought iron fence with brick pillars on the north, east and south sides and that the applicant bring back elevations to be approved by the Site Plan Review Committee. The application was filed by Greenback Nursery requesting a conditional use permit to amend the site plan approved by Ordinance No. 99-151 for outside storage in conjunction with a retail nursery and garden supply store on property located at 4120 William D. Tate Avenue. Council Member Spencer, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation with the conditions and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2002-61 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 CU02-30 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 99-151 FOR OUTSIDE STORAGE IN CONJUNCTION WITH A RETAIL NURSERY AND GARDEN SUPPLY STORE 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; 15 08/20/02 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 26. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 4R, BLOCK 1, TOM THUMB ADDITION NO. 1 Chairman Oliver reported the Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 4R-1 and 6, Block 1, Tom Thumb Addition No. 1. The 11.123 acre property is located on the west side of William D. Tate Avenue, south of Hall- Johnson Road and is zoned "CC" Community Commercial District Regulations. The property is being platted for development of a landscape nursery and garden supply. 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 final """ plat of Lot 4R, Block 1, Tom Thumb Addition No. 1. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 27. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU02-31 J. A. GREEN TRADE CENTER WEST Chairman Oliver reported the Commission voted 5-2 for denial of Conditional Use Application CU02-31 filed by J. A. Green Trade Center West requesting a conditional use permit to amend the site plan approved by Ordinance No. 2000-100 to allow outside storage behind Building 15 in conjunction with a freight forwarding business. The subject property is located at 601, 701, and 801 Hanover Drive and is zoned "LI" Light Industrial District. Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation for denial of the ordinance. The motion prevailed by the following vote: Ayes: Tate, Spencer, Wilbanks, Johnson & Stewart Nays: Ware & Freed 16 08/20/02 ITEM 28. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU02-33 TAP-IN RESTAURANT Chairman Oliver reported the Commission voted 7-0 for approval of Conditional Use Application CU02-33 filed by Tap-In Restaurant granting a conditional use permit to amend the site plan approved by Ordinance No. 99-168 to enlarge the restaurant located at 120 South Main Street. Council Member Johnson, 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, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2002-62 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 CU02-33 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 99-168 TO ALLOW THE POSSESSION, STORAGE, RETAIL SALE AND ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) IN CONJUNCTION WITH A RESTAURANT, TO ENLARGE THE 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 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 08/20/02 ITEM 29. PLANNING & ZONING COMMISSION RECOMMENDATION AMEND APPENDIX D, COMPREHENSIVE ZONING ORDINANCE NO. 82-73, SECTION 12 DEFINITIONS, SECTION 49 SPECIAL USE PERMITS AND SECTION 60 SIGN STANDARDS Chairman Oliver reported the Commission voted 7-0 for approval of amendments to Appendix D, Comprehensive Zoning Ordinance No. 82-73, as amended, Section 12 Definitions and Section 49 Special Use Permits relative to churches and church uses. Mr. Oliver reported the Commission voted 5-2 to table amendments to Section 60 Sign Standards relative to governmental uses for Staff to clarify the language that a conditional use permit would be required for signage outside the current ordinance. Council Member Spencer, seconded by Mayor Pro Tern Ware, offered a motion to accept the Commission's recommendation and approve the ordinance relative to churches. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2002-63 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY AS HERETOFORE AMENDED; BY AMENDING SECTION 12 DEFINITIONS AND SECTION 49, SPECIAL USE PERMITS RELATIVE TO CHURCHES; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE There was no action taken by the City Council relative to Section 60. ITEM 30. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1 AND 2, BLOCK 1, DARBY'S PLACE ADDITION 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, Darby's Place Addition. The 1.852 acre property is located along the west side of north Dove Road, north of Autumn Drive and is being platted for the development of a single-family residence. 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 Lots 1 and 2, Block 1, Darby's Place Addition. The motion prevailed by the 18 08/20/02 following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ADJOURNMENT Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to adjourn the meeting at 9:04 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 3rd day of September, 2002 APPROVED: William. ate Mayor ATTEST: , Linda Huff o City Secretary 19