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HomeMy WebLinkAbout2012-05-15 Joint Meeting AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING WORKSHOP TUESDAY, MAY 15, 2012 AT 6:30 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER 1. Discuss cancelling the July 3, 2012 City Council meeting. 2. Monthly financial update. 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 11th day of May, 2012 at 5:00 p.m. 411",/ Joy V. Brown City ecretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 15th day of May, 2012 at 6:30 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to-wit: William D. Tate Mayor C. Shane Wilbanks Mayor Pro Tem Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with Council Member Sharron Spencer absent, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager John F. Boyle, Jr. City Attorney Jodi C. Brown City Secretary CALL TO ORDER Mayor Tate called the workshop to order at 6:33 p.m. ITEM 1. DISCUSS CANCELLING JULY 3, 2012 MEETING City Secretary Jodi Brown requested input from the Council on their availability for meeting on July 3, 2012 due to the 4th of July holiday. After a brief discussion, it was the consensus of Council that an item be placed on a future agenda to cancel the July 3 meeting given that two Council Members had prior plans resulting in the possibility of not having a quorum available. There was no action taken by the City Council. ITEM 2. MONTHLY FINANCIAL UPDATE Administrative Services Director John McGrane presented the monthly financial update, through April 2012, noting that revenues were up from the previous year, sales tax revenue remained flat, expenditures were down, and that the City's unemployment rate is 5.4%. There was no action taken by the City Council. 05/15/12 ADJOURNMENT Council Member Coy, seconded by Mayor Pro Tern Wilbanks, offered a motion to adjourn the workshop at 6:37 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Stewart, Freed, Lease & Coy Nays: None Absent: Spencer PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 5th day of June, 2012. APPROVED: William D. Tate Mayor ATTEST: „ 6/35W-14... J • C. Brown Ci Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, MAY 15, 2012 AT 6:30 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 to CBS Billboard v. Grapevine and Grapevine Board of Zoning Adjustment, Cause No. 141-254547-11 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 or 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 11th day of May, 2012 at 5:00 p.m. 41113/,' e 6647417/\-- JodivB row n City ecretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Executive Session on this the 15th day of May, 2012 at 6:30 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to-wit: William D. Tate Mayor C. Shane Wilbanks Mayor Pro Tern Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with Council Member Sharron Spencer absent, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager John F. Boyle, Jr. City Attorney Jodi C. Brown City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 6:37 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 CBS Billboard v. Grapevine and Grapevine Board of Zoning Adjustment, Cause No. 141-254547-11 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 or expand in the City; with which businesses the City is conducting economic development negotiations under Section 551.087, Texas Government Code. Note: Item (A) Pending or contemplated litigation relative to CBS Billboard v. Grapevine and Grapevine Board of Zoning Adjustment, Cause No. 141-254547-11 under Section 551.071, Texas Government Code was not discussed in Executive Session. 05/15/12 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 Bruno Rumbelow stated there was no action necessary relative to conference with City Manager and Staff under Section 551.087, Texas Government Code. NOTE: City Council continued with the Regular City Council meeting in open session in the City Council Chambers. ADJOURNMENT Mayor Pro Tem Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the meeting at 9:20 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Stewart, Freed, Lease & Coy Nays: None Absent: Spencer PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 5th day of June, 2012. APPROVED: William D. Tate Mayor ATTEST: C9dN/d- J. . Brown Cit Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL & PLANNING & ZONING COMMISSION MEETING TUESDAY, MAY 15, 2012 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE: Commissioner Monica Hotelling PROCLAMATION 1. Mayor Tate to present a proclamation declaring May 19-25, 2012 as National Safe Boating Week. JOINT PUBLIC HEARINGS 2. City Council and Planning &Zoning Commission to conduct a public hearing relative to Zoning Application Z12-01 filed by Shamrock Ventures Property Development Inc. (West Wall Street) requesting rezoning of 0.8 acres of property located at 1331 West Wall Street from "PO" Professional Office District Regulations to "R-7.5" Single Family District Regulations. The applicant has requested the item be tabled to the June 19, 2012 meeting. 3. City Council and Planning &Zoning Commission to conduct a public hearing relative to Zoning Application Z12-02, Conditional Use Application CU12-13 and Planned Development Overlay PD12-01 filed by Integrated Real Estate Group (Enclave at Grapevine Apartments) for property located at 2311 West Grapevine Mills Circle. Z12-02 requests rezoning of 11.01 acres from "R-MF-2" Multifamily District Regulations to"R-MF" Multifamily District Regulations for a three and four story,243 unit multifamily development. CU12-13 requests a conditional use permit to vary from established standards relative to density, height, parking and recreational open space and PD12-01 requests a planned development overlay to include but not be limited to deviation from maximum length of buildings, distance between buildings and landscaping. 4. City Council and Planning &Zoning Commission to conduct a public hearing relative to Zoning Application Z12-03, Conditional Use Application CU12-15 and Planned Development Overlay PD12-02 and application for the final plat of Lot 1, Block 1, Braum's Addition being a replat of Lots 5, 6, 7 and 9, Starnes Addition and Lot N, J. J. Hall's Addition. The applications were filed by Gordon Pulis (Braum's) for property located at 301 and 307 East Northwest Highway and 206 North Starnes Street. Z12-03 requests rezoning of 0.32 acres from "PO" Professional Office District Regulations to "HC" Highway Commercial District. The conditional use application requests a conditional use permit for a restaurant with drive through service and a planned development overlay to include but not be limited to deviation from landscape buffer requirement. 5. City Council and Planning &Zoning Commission to conduct a public hearing relative to Zoning Application Z12-04 and Historic Landmark Subdistrict HL12-03 filed by the City of Grapevine (Nash Farmstead)for property located at 626 Ball Street. The zoning application requests rezoning of 5.426 acres from "GV" Grapevine Vintage District Regulations to "GU" Governmental Use District for the farmstead museum. The City is requesting the subject property be designated as a Historical Landmark Subdistrict. 6. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU12-16 filed by Side Street Winery & Bodega requesting a conditional use permit for the possession, storage, retail sale and on- and off-premise consumption of alcoholic beverages (wine only) in conjunction with a winery and allowing outdoor seating. The subject property is located at 422 South Barton Street and is zoned "CBD" Central Business District. END OF JOINT PUBLIC HEARINGS Planning & Zoning Commission to recess to Planning & Zoning Commission Conference Room, Second Floor to consider published agenda items. City Council to remain in session in the Council Chambers to consider published business. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at(817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Regular Joint City Council and Planning & Zoning Commission Meeting Agenda was prepared and posted on this the 11th day of May, 2012 at 6:00 p.m. 4,, I' Jodi V:rown City -cretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, MAY 15, 2012 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CITIZEN COMMENTS PRESENTATION 7. Presentation by Police Chief Eddie Salame on upgrading the Public Safety Radio System. NEW BUSINESS 8. Consider authorizing a contract with Public Sector Personnel Consultants(PSPC)to conduct a compensation study for the City of Grapevine 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. 9. Consider a resolution authorizing an Interlocal Cooperative Purchasing Agreement with the Cities of Keller, Southlake and Colleyville, Texas for various goods and services commonly utilized by these entities. Administrative Services Director recommends approval. 10. Consider a resolution authorizing an Interlocal Cooperative Purchasing Agreement with the City of Denton, Texas for various goods and services commonly utilized by both entities. Administrative Services Director recommends approval. 11. Consider a resolution authorizing the Cold Milling Machining Annual Contract with Dustrol, Inc. through an existing Interlocal Cooperative Purchasing Agreement with Tarrant County, Texas. Public Works Director recommends approval. 12. Consider a resolution authorizing and ratifying the emergency purchase of pump repair services from Texas Municipal Equipment for the repair/replacement of the water pump on Unit 31448, Aquatech JetNac Truck in Public Works Wastewater Division. Public Works Director recommends approval. 13. Consider renewal of the Water and Wastewater Chemicals Annual Contract to DPC Industries, Inc., Altivia Corporation, Univar USA, Harcros Chemicals and Fort Bend Services, Inc. Public Works Director recommends approval. 14. Consider a resolution authorizing the purchase of a Local Operation Network (LON) from Schneider Electric as a sole source provider for new Rooftop Units (RTU)at the Community Activities Center(CAC)and Library. Public Works Director recommends approval. 15. Consider a resolution authorizing the purchase of soccer field sprig planting services from Landscapes Unlimited, LLC through an Interlocal Participation Agreement with the Local Government Purchasing Cooperative (Buyboard). Parks & Recreation Director recommends approval. 16. Consider a resolution authorizing the purchase of an ambulance from Professional Ambulance through an Interlocal Participation Agreement with the Local Governmental Purchasing Cooperative (Buyboard). Public Works Director recommends approval. 17. Consider the minutes of the May 1, 2012 City Council meetings as published. City Secretary recommends approval. Pursuant to the Texas Open Meetings Acts, Texas Government Code, Chapter 551.001 et seq, one or more of the above items may be considered in Executive Session closed to the public. Any decision held on such matter will be taken or conducted in open session following the conclusion of the executive session. PLANNING & ZONING COMMISSION RECOMMENDATIONS 18. Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z12-02 (Enclave at Grapevine Apartments) and a subsequent ordinance, if applicable. 19. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU12-13 (Enclave at Grapevine Apartments) and a subsequent ordinance, if applicable. 20. Consider the recommendation of the Planning & Zoning Commission relative to Planned Development Overlay PD12-01 (Enclave at Grapevine Apartments)and a subsequent ordinance, if applicable. 21. Consider the recommendation of the Planning &Zoning Commission relative to the preliminary plat of Lot 1, Block 1, Enclave at Grapevine and take any necessary action. 22. Consider the recommendation of the Planning &Zoning Commission relative to the final plat of Lot 1, Block 1, Enclave at Grapevine and take any necessary action. 23. Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z12-03 (Braum's) and a subsequent ordinance, if applicable. 24. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU12-15 (Braum's) and a subsequent ordinance, if applicable. 25. Consider the recommendation of the Planning & Zoning Commission relative to Planned Development Overlay PD12-02 (Braum's)and a subsequent ordinance, if applicable. 26. Consider the recommendation of the Planning &Zoning Commission relative to the final plat of Lot 1, Block 1, Braum's Addition and take any necessary action. 27. Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z12-04 (Nash Farmstead) and a subsequent ordinance, if applicable. 28. Consider the recommendation of the Planning & Zoning Commission relative to Historic Landmark Subdistrict HL12-03 (Nash Farmstead) and a subsequent ordinance, if applicable. 29. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU12-16 (Side Street Winery & Bodega) and first reading of a subsequent ordinance, if applicable. 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 11th day of May, 2012 at 5:00 p.m. Ogg5e5?-atifr I, Jod p Brown City -ecretary AGENDA CITY OF GRAPEVINE SPECIAL BRIEFING SESSION PLANNING & ZONING COMMISSION TUESDAY, MAY 15, 2012 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 May 15, 2012 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 11th day of May, 2012 at 5:00 p.m. 1,0, -00 1 Jo•. Brown Cit .ecretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, MAY 15, 2012 AT 7:30 P.M. PLANNING & ZONING COMMISSION CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET NEW BUSINESS 1. Consider Zoning Application Z12-02 (Enclave at Grapevine Apartments)and make a recommendation to the City Council. 2. Consider Conditional Use Application CU12-13 (Enclave at Grapevine Apartments) and make a recommendation to the City Council. 3. Consider Planned Development Overlay PD12-01 (Enclave at Grapevine Apartments) and make a recommendation to the City Council. 4. Consider the preliminary plat of Lot 1, Block 1, Enclave at Grapevine and make a recommendation to the City Council. 5. Consider the final plat of Lot 1, Block 1, Enclave at Grapevine and make a recommendation to the City Council. 6. Consider Zoning Application Z12-03 (Braum's)and make a recommendation to the City Council. 7. Consider Conditional Use Application CU12-15 (Braum's) and make a recommendation to the City Council. 8. Consider Planned Development Overlay PD12-02 (Braum's) and make a recommendation to the City Council. 9. Consider the final plat of Lot 1, Block 1, Braum's Addition and make a recommendation to the City Council. 10. Consider Zoning Application Z12-04 (Nash Farmstead) and make a recommendation to the City Council. 11. Consider Historic Landmark Subdistrict HL12-03 (Nash Farmstead) and make a recommendation to the City Council. 12. Consider Conditional Use Application CU12-16 (Side Street Winery& Bodega)and make a recommendation to the City Council. CONSIDERATION OF MINUTES 13. Consider the minutes of the April 17, 2012 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 11th day of May, 2012 at 5:00 p.m. a0, I Jo• . Brown City ' ecretary 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 15th day of May, 2012 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 C. Shane Wilbanks Mayor Pro Tern Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with Council Member Sharron Spencer absent, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Herbert Fry Vice Chairman Betty "BJ" Wilson Member _ Jim Fechter Member Gary Martin Member Beth Tiggelaar Member Wayne Szot Alternate Elaine Martin Alternate constituting a quorum, with Commissioner Monica Hotelling absent, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager John F. Boyle, Jr. City Attorney Jodi C. Brown City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:31 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Herbert Fry delivered the Invocation and led the Pledge of Allegiance. ITEM 1. PROCLAMATION PRESENTATION, NATIONAL SAFE BOATING WEEK 05/15/12 Mayor Tate presented a proclamation declaring May 19-25, 2012 as National Safe Boating Week to Flotilla 5-11 Staff Officer Barry Hargrove, and members of the U.S. Coast Guard Auxiliary and Sea Scouts. Flotilla Commander Roy Steele stated that recreational boater safety was the primary mission of the U.S. Coast Guard Auxiliary and expressed appreciation to the City for their support of safe boating on Lake Grapevine. ITEM 2. PUBLIC HEARING, ZONING APPLICATION Z12-01 WEST WALL STREET Mayor Tate declared the public hearing open. Planning and Development Manager Ron Stombaugh reported that the applicant requested the item be tabled to the June 19, 2012 meeting. Zoning Application Z12-01 was filed by Shamrock Ventures Property Development Inc. (West Wall Street) requesting rezoning of 0.8 acres of property located at 1331 West Wall Street from "PO" Professional Office District Regulations to "R-7.5" Single Family District Regulations for the development of two residential lots. Commissioner Wilson, seconded by Commissioner G. Martin,offered a motion to table the public hearing to the June 19, 2012 meeting. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Fechter, G. Martin, Tiggelaar & E. Martin Nays: None Absent: Hotelling Council Member Lease, seconded by Council Member Coy, offered a motion to table the public hearing to the June 19, 2012 meeting. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Stewart, Freed, Lease & Coy Nays: None Absent: Spencer Mayor Tate stated that this would be the only notification to adjacent property owners of the continued public hearing. ITEM 3. PUBLIC HEARING, ZONING APPLICATION Z12-02, CONDITIONAL USE APPLICATION CU12-13 AND PLANNED DEVELOPMENT OVERLAY PD12-01 ENCLAVE AT GRAPEVINE APARTMENTS Mayor Tate declared the public hearing open. Planning and Development Manager Stombaugh reported that Zoning Application Z12-02, Conditional Use Application CU12-13 and Planned Development Overlay PD12-01 had been filed by Integrated Real Estate Group(Enclave at Grapevine Apartments)for property located at 2311 West Grapevine Mills Circle. The zoning application requests rezoning of 11.01 acres from "R-MF-2" Multifamily District Regulations to "R-MF" Multifamily District Regulations for the development of a three and four story apartment complex. The 2 05/15/12 conditional use application requests a conditional use permit to vary from established standards relative to density, height, parking and location of open space, and a planned development overlay to include but not be limited to deviation from building length, building separation and landscaping requirements. Mr. Stombaugh advised the applicant intends to develop a multi-structure apartment complex consisting of 11 main buildings comprising a total of 243 units that will have controlled (gate) access at all three access points. A total of 462 parking spaces (1.9 spaces/unit) have been provided to serve the complex. The applicant is utilizing the conditional use permit process to vary from the following requirements of density (22.1 units per acre); height (four stories not to exceed 50 feet); parking; and open space (portions to be located at the rear and along the front of the property). The planned development overlay is required for the applicant to develop the site as intended relative to building length (250 feet) and separation (20 feet), and landscaping (three reduced areas between parking and vehicle use areas). Mr. Richard Simmons requested favorable consideration of the application stating the development had been reduced to 243 units with the four story buildings located at the rear of the property, the addition of a walking path, and that the buildings would be 100% masonry. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was one letter of opposition copied to the Council and Commission. Commissioner Fry, seconded by Commissioner E. Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Fechter, G. Martin, Tiggelaar & E. Martin Nays: None Absent: Hotelling Council Member Stewart, seconded by Mayor Pro Tem Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Stewart, Freed, Lease & Coy Nays: None Absent: Spencer ITEM 4. PUBLIC HEARING, ZONING APPLICATION Z12-03, CONDITIONAL USE APPLICATION CU12-15, PLANNED DEVELOPMENT OVERLAY PD12-02 AND FINAL PLAT, LOT 1, BLOCK 1, BRAUM'S ADDITION, REPLAT OF LOTS 5, 6, 7 AND 9, STARNES ADDITION AND LOT N, J. J. HALL'S ADDITION Mayor Tate declared the public hearing open. 3 05/15/12 Planning and Development Manager Stombaugh reported that Zoning Application Z12-03, Conditional Use Application CU12-15, Planned Development Overlay PD12-02 and the application for the final plat of Lot 1, Block 1, Braum's Addition being a replat of Lots 5, 6, 7 and 9, Starnes Addition and Lot N, J. J. Hall's Addition had been filed by Gordon Pulis (Braum's) for property located at 206 North Starnes Street, and 301 and 307 East Northwest Highway. The zoning application requests rezoning of 0.32 acres from "PO" Professional Office District Regulations to "HC" Highway Commercial District. The conditional use application requests a conditional use permit for a restaurant with drive through service and a planned development overlay to include but not be limited to deviation from landscaping setback requirements. The applicant intends to develop a 5,756 square foot Braum's restaurant/retail store with seating for 80 patrons; drive through service (two windows) and two order lanes; one 10 foot monument sign; providing 61 parking spaces; a planned development overlay for the landscaping setback requirements (6.5 feet along the eastern property line and 4.5 feet along the northern property line). Building design/layout combined with the need for additional parking and improved traffic flow are the reasons stated by the applicant for the small encroachments to this requirement. Mr. Gordon Pulis requested favorable consideration of the application. The City Council and Planning &Zoning Commission questioned eliminating extra parking spaces to provide additional landscaping, placement of the dumpster and traffic flow for the drive through. The applicant stated changes would be considered. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and two letters of support were copied to the Council and Commission. Commissioner Wilson, seconded by Commissioner Fechter, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Fechter, G. Martin, Tiggelaar & E. Martin Nays: None Absent: Hotelling Mayor Pro Tern Wilbanks, seconded by Council Member Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Stewart, Freed, Lease & Coy Nays: None Absent: Spencer ITEM 5. PUBLIC HEARING, ZONING APPLICATION Z12-04, HISTORIC LANDMARK SUBDISTRICT HL12-03 NASH FARMSTEAD 4 05/15/12 Mayor Tate declared the public hearing open. Planning and Development Manager Stombaugh reported that Zoning Application Z12-04 and Historic Landmark Subdistrict HL12-03 had been filed by the City of Grapevine (Nash Farmstead) for property located at 626 Ball Street. The zoning application requested rezoning of 5.426 acres from "GV" Grapevine Vintage District Regulations to "GU" Governmental Use District for the farmstead. The City requested the subject property be designated as a Historical Landmark Subdistrict. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. Mr. Ross Bannister, 424 Ball Street, spoke in support of the applications. One letter of support and one letter of opposition were copied to the Council and Commission. Commissioner Fry, seconded by Commissioner E. Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Fechter, G. Martin, Tiggelaar& E. Martin Nays: None Absent: Hotelling Council Member Freed, seconded by Mayor Pro Tem Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Stewart, Freed, Lease & Coy Nays: None Absent: Spencer ITEM 6. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU12-16 SIDE STREET WINERY & BODEGA Mayor Tate declared the public hearing open. Planning and Development Manager Stombaugh reported that Conditional Use Application CU12-16 had been filed by Side Street Winery& Bodega for property located at 422 South Barton Street requesting a conditional use permit for the possession, storage, retail sale and on-and off-premise consumption of alcoholic beverages(wine only)in conjunction with a winery and allowing outdoor seating. The subject property is zoned "CBD" Central Business District. The 720 square foot area of the southern most building is proposed for the establishment of a winery, with inside seating for eight and outside seating for 16. Parking for the establishment-will be provided off site by existing head-in spaces along Barton Street, and the City lot at the northwest corner of West Franklin Street and South Barton Street. 5 05/15/12 Ms. Olivia Sullivan requested favorable consideration of the application and that the outside seating be removed from consideration. Mayor Tate invited guests present to comment regarding the application. The following spoke in opposition to the application citing area parking concerns and the need for fire sprinkler protection: Ms. Debi Meek, 1025 Brownstone, Bermuda Gold and Silver Mr. Gary Farina, 420 South Main, Farina's Winery City Secretary Brown reported that the Council and Commission had been copied the four letters of opposition from surrounding property owners. Commissioner Fechter, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Fechter, G. Martin, Tiggelaar & E. Martin Nays: None Absent: Hotelling Council Member Coy, seconded by Council Member Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Stewart, Lease & Coy Nays: None Abstain: Freed Absent: Spencer RECESS AND RECONVENE Mayor Tate announced the Planning &Zoning Commission would recess to the Planning& Zoning Conference Room to consider published business. The City Council remained in session in the Council Chambers to consider published business. ITEM 7. PRESENTATION, UPGRADING PUBLIC SAFETY RADIO SYSTEM Police Chief Eddie Salame stated the City of Grapevine joined the Northeast Tarrant County Radio Consortium (NETCO) in 2002 to provide improved radio coverage for public safety personnel. The NETCO member cities include the Cities of Bedford, Colleyville, Keller, Euless and Southlake. The member cities have agreed to share in the cost of the maintenance and replacement of the radio system infrastructure as needed. The 20 year old system will soon have to be replaced as the current system will no longer be supported by the manufacturer after 6 05/15/12 December 2016. Chief Salame reviewed Grapevine's proposed infrastructure cost of $644,066.00 and $707,185.00 for the City's subscriber cost for upgrading equipment. There was no formal action taken by the City Council. ITEM 8. AUTHORIZE COMPENSATION STUDY CONTRACT Personnel Director Carolyn VanDuzee recommended awarding a contract to Public Sector Personnel Consultants (PSPC)to conduct a compensation study for the City of Grapevine in the amount of $17,500.00. The study will review current job descriptions and compensation plans, confirm external market comparators, identify benchmark jobs to survey (70+ jobs), gather external compensation data and calculate pay rates for benchmark jobs, assign job classifications to updated salary ranges, provide cost estimates for implementing updated pay ranges, and procedures to maintain and update the plan in future years to keep Grapevine's desired position (the 50th percentile) in the marketplace. Motion by Council Member Freed, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Stewart, Freed, Lease & Coy Nays: None Absent: Spencer 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. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Stewart, Freed, Lease & Coy Nays: None Absent: Spencer Item 9. Resolution,Authorize Interlocal Cooperative Purchasing Agreement, Cities of Keller, Southlake and Colleyville Administrative Services Director recommended approving a resolution authorizing an Interlocal Cooperative Purchasing Agreement with the Cities of Keller, Southlake and Colleyville, Texas for various goods and services commonly utilized by these entities. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: 7 05/15/12 Ayes: Tate, Wilbanks, Stewart, Freed, Lease & Coy Nays: None Absent: Spencer RESOLUTION NO. 2012-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE,TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO ENTER INTO AN INTERLOCAL COOPERATIVE PURCHASING AGREEMENT WITH THE CITIES OF KELLER, SOUTHLAKE AND COLLEYVILLE, TEXAS AND PROVIDING AN EFFECTIVE DATE Item 10. Resolution, Authorize Interlocal Cooperative Purchasing Agreement, City of Denton Administrative Services Director recommended approving a resolution authorizing an Interlocal Cooperative Purchasing Agreement with the City of Denton, Texas for various goods and services commonly utilized by both entities. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Stewart, Freed, Lease & Coy Nays: None Absent: Spencer RESOLUTION NO. 2012-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS,AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO ENTER INTO AN INTERLOCAL COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF DENTON, TEXAS AND PROVIDING AN EFFECTIVE DATE Item 11. Resolution, Authorize Cold Milling Machining Annual Contract Public Works Director recommended approving a resolution authorizing the Cold Milling Machining Annual Contract with Dustrol, Inc. in the amount not to exceed $100,000.00 through an existing Interlocal Cooperative Purchasing Agreement with Tarrant County, Texas. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: 8 05/15/12 Ayes: Tate, Wilbanks, Stewart, Freed, Lease & Coy Nays: None Absent: Spencer RESOLUTION NO. 2012-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS,AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO PURCHASE COLD MILLING MACHINING SERVICES THROUGH AN ESTABLISHED INTERLOCAL COOPERATIVE PURCHASING AGREEMENT AND PROVIDING AN EFFECTIVE DATE Item 12. Resolution, Authorize and Ratify Emergency Pump Repair Services Public Works Director recommended approving a resolution authorizing and ratifying the emergency purchase of pump repair services from Texas Municipal Equipment in the amount of $17,505.14 for the repair/replacement of the water pump on Unit 31448, Aquatech Jet/Vac Truck in Public Works Wastewater Division. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Stewart, Freed, Lease & Coy Nays: None Absent: Spencer RESOLUTION NO. 2012-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS,AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO APPROVE THE EMERGENCY REPAIR/REPLACEMENT MADE FOR A WATER PUMP ON UNIT 31448, JET/VAC TRUCK AND PROVIDING AN EFFECTIVE DATE Item 13. Renew Water and Wastewater Chemicals Annual Contract Public Works Director recommended approving the renewal of the Water and Wastewater Chemicals Annual Contract to DPC Industries, Inc., Altivia Corporation, Univar USA, Harcros Chemicals and Fort Bend Services, Inc. in the budgeted amount not to exceed $487,475.00. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: 9 05/15/12 Ayes: Tate, Wilbanks, Stewart, Freed, Lease & Coy Nays: None Absent: Spencer Item 14. Resolution, Authorize Local Operation Network Purchase Public Works Director recommended approving a resolution authorizing the purchase of a Local Operation Network(LON) in the amount of$16,623.00 from Schneider Electric as a sole source provider for new Rooftop Units (RTU) at the Community Activities Center (CAC) and Library. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Stewart, Freed, Lease & Coy Nays: None Absent: Spencer RESOLUTION NO. 2012-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE,TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO DECLARE SCHNEIDER ELECTRIC A SOLE SOURCE PROVIDER FOR LOCAL OPERATING SYSTEMS FOR NEW ROOFTOP UNITS TO BE INSTALLED AT THE LIBRARY AND COMMUNITY ACTIVITIES CENTER AND PROVIDING AN EFFECTIVE DATE Item 15. Resolution, Authorize Soccer Field Sprig Planting Services Parks & Recreation Director recommended approving a resolution authorizing the purchase of soccer field sprig planting services from Landscapes Unlimited, LLC in the amount not to exceed $34,159.00 through an Interlocal Participation Agreement with the Local Government Purchasing Cooperative (Buyboard). Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Stewart, Freed, Lease & Coy Nays: None Absent: Spencer RESOLUTION NO. 2012-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS,AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO PURCHASE 10 05/15/12 SOCCER FIELD SPRIG PLANTING SERVICES THROUGH AN ESTABLISHED INTERLOCAL AGREEMENT AND PROVIDING AN EFFECTIVE DATE Item 16. Resolution, Authorize Ambulance Purchase Public Works Director recommended approving a resolution authorizing the purchase of an ambulance from Professional Ambulance in the amount of $201,697.50 through an Interlocal Participation Agreement with the Local Governmental Purchasing Cooperative (Buyboard). Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Stewart, Freed, Lease & Coy Nays: None Absent: Spencer RESOLUTION NO. 2012-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS,AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO PURCHASE AN AMBULANCE THROUGH AN ESTABLISHED INTERLOCAL AGREEMENT AND PROVIDING AN EFFECTIVE DATE Item 17. Consideration of Minutes City Secretary recommended approval of the minutes of the May 1, 2012 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, Wilbanks, Stewart, Freed, Lease & Coy Nays: None Absent: Spencer RECESS AND RECONVENE Mayor Tate announced that the City Council would take a brief recess. Upon reconvening in the Council Chambers, all members of the City Council were present with the exception of Council Member Spencer. ITEM 18. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z12-02 ENCLAVE AT GRAPEVINE APARTMENTS 11 05/15/12 Chairman Larry Oliver reported the Planning &Zoning Commission voted 5-2 for approval of Zoning Application Z12-02 filed by Enclave at Grapevine Apartments granting rezoning of 11.01 acres from "R-MF-2" Multifamily District Regulations to"R-MF" Multifamily District Regulations for property located at 2311 West Grapevine Mills Circle for the development of a 243 unit multifamily complex. Council Member Freed, seconded by Council Member Stewart, 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, Wilbanks, Stewart, Freed & Lease Nays: Coy Absent: Spencer ORDINANCE NO. 2012-19 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 Z12-02 ON A TRACT OF LAND OUT OF THE H. SUGGS SURVEY, ABSTRACT NO. 1415 AND THE A.W.ANDERSON SURVEY,ABSTRACT NO. 26, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "R-MF-2" MULTIFAMILY DISTRICT REGULATIONS TO "R-MF" MULTIFAMILY 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 19. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU12-13 ENCLAVE AT GRAPEVINE APARTMENTS 12 05/15/12 Chairman Oliver reported the Planning & Zoning Commission voted 5-2 for approval of Conditional Use Application CU 12-13 filed by Enclave at Grapevine Apartments granting a conditional use permit to vary from established standards relative to density, height, parking and recreational open space on property located at 2311 West Grapevine Mills Circle. Mayor Pro Tem Wilbanks, seconded by Council Member Lease,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, Wilbanks, Stewart, Freed & Lease Nays: Coy Absent: Spencer ORDINANCE NO. 2012-20 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 CU12-13 TO VARY FROM THE ESTABLISHED STANDARDS CONTAINED IN SECTION 22 "R-MF" MULTIFAMILY DISTRICT REGULATIONS RELATIVE TO DENSITY, HEIGHT AND LOCATION OF OPEN SPACE, AND TO SECTION 56 OFF- STREET PARKING REQUIREMENTS IN A DISTRICT ZONED "R-MF" MULTIFAMILY 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 20. PLANNING & ZONING COMMISSION RECOMMENDATION PLANNED DEVELOPMENT OVERLAY PD12-01 ENCLAVE AT GRAPE- VINE APARTMENTS 13 05/15/12 Chairman Oliver reported the Planning & Zoning Commission voted 5-2 for approval of Planned Development Overlay PD12-01 filed by Enclave at Grapevine Apartments granting a planned development overlay to include but not be limited to deviation from building length, building separation and landscaping requirements. The subject property is located at 2311 West Grapevine Mills Circle. Council Member Freed, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the ordinance granting the planned development overlay. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Stewart, Freed & Lease Nays: Coy Absent: Spencer ORDINANCE NO. 2012-21 AN ORDINANCE ISSUING A PLANNED DEVELOPMENT OVERLAY IN ACCORDANCE WITH SECTION 41 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX"D"OF THE CITY CODE, BY GRANTING PLANNED DEVELOPMENT OVERLAY PD12-01 TO INCLUDE BUT NOT BE LIMITED TO BUILDING LENGTH, BUILDING SEPARATION, AND LANDSCAPING IN THE "R-MF" MULTIFAMILY 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 PLANNED DEVELOPMENT OVERLAY PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 21. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT LOT 1, BLOCK 1, ENCLAVE AT GRAPEVINE Chairman Oliver reported the Planning &Zoning Commission voted 7-0 for approval of the Statement of Findings and the preliminary plat of Lot 1, Block 1, Enclave at Grapevine 14 05/15/12 being platted for an apartment complex. The subject property is located north of Anderson-Gibson Road and west of the Grapevine Mills Mall. Council Member Lease, 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, Enclave at Grapevine. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Stewart, Freed & Lease Nays: Coy Absent: Spencer ITEM 22. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1, BLOCK 1, ENCLAVE AT GRAPEVINE Chairman Oliver reported the Planning &Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1, Block 1, Enclave at Grapevine. The property is being platted for the development of an apartment complex located at 2311 West Grapevine Mills Circle and is zoned "R-MF" Multifamily District Regulations. Mayor Pro Tem Wilbanks, 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 1, Block 1, Enclave at Grapevine. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Stewart, Freed & Lease Nays: Coy Absent: Spencer ITEM 23. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z12-03 BRAUM'S Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Zoning Application Z12-03 filed by Braum's granting rezoning of approximately 0.32 acres from "PO" Professional Office District Regulations to "HC" Highway Commercial District. The subject property is located at 206 North Starnes Street. Council Member Stewart, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the ordinance granting the rezoning. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Stewart, Freed, Lease & Coy Nays: None Absent: Spencer 15 05/15/12 ORDINANCE NO. 2012-22 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 Z12-03 ON A TRACT OF LAND OUT OF THE A. F. LEONARD SURVEY, ABSTRACT NO. 946, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS TO "HC" HIGHWAY COMMERCIAL DISTRICT; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND 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 24. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU12-15 BRAUM'S Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU12-15 filed by Braum's with the condition the applicant work with the Public Works Department to provide traffic control between the drive through and the handicap parking spaces, and push the dumpster back, eliminate the first two parking spaces and redesign the dumpster enclosure doors so as not to impede the new first two parking spaces. Approval grants a conditional use permit for a restaurant with drive through service. The subject property is located at 301 East Northwest Highway. Council Member Freed, seconded by Mayor Pro Tern Wilbanks, 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, Wilbanks, Stewart, Freed, Lease & Coy Nays: None Absent: Spencer 16 05/15/12 ORDINANCE NO. 2012-23 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 CU12-15 FOR A RESTAURANT WITH DRIVE THROUGH SERVICE IN A DISTRICT ZONED"HC"HIGHWAY COMMERCIAL 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 ITEM 25. PLANNING & ZONING COMMISSION RECOMMENDATION PLANNED DEVELOPMENT OVERLAY PD12-02 BRAUM'S Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Planned Development Overlay PD12-02 filed by Braum's granting a planned development overlay to include but not be limited to deviation from the landscape setback requirements. The subject property is located at 301 East Northwest Highway. Council Member Stewart, seconded by Council Member Coy, offered a motion to accept the Commission's recommendation and approve the ordinance granting the planned development overlay. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Stewart, Freed, Lease & Coy Nays: None Absent: Spencer ORDINANCE NO. 2012-24 AN ORDINANCE ISSUING A PLANNED DEVELOPMENT OVERLAY IN ACCORDANCE WITH SECTION 41 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE 17 05/15/12 ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX"D" OF THE CITY CODE, BY GRANTING PLANNED DEVELOPMENT OVERLAY PD12-02 TO INCLUDE BUT NOT BE LIMITED TO DEVIATION FROM THE LANDSCAPE SETBACK REQUIREMENT IN THE "HC" HIGHWAY COMMERCIAL 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 PLANNED DEVELOPMENT OVERLAY PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 26. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1, BLOCK 1, BRAUM'S ADDITION Chairman Oliver reported the Planning &Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1, Block 1, Braum's Addition being a replat of Lots 5, 6, 7 and 9, Starnes Addition and Lot N, J. J. Hall's Addition. The 1.25 acres is located at East Northwest Highway and Starnes Street and is being platted for the development of a Braum's Ice Cream and Dairy Store. Council Member Coy, seconded by Council Member Lease, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 1, Block 1, Braum's Addition. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Stewart, Freed, Lease & Coy Nays: None Absent: Spencer ITEM 27. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z12-04 NASH FARMSTEAD Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Zoning Application Z12-04 filed by the City of Grapevine (Nash Farmstead) granting rezoning of 5.426 acres from "GV" Grapevine Vintage District Regulations to "GU" 18 05/15/12 Governmental Use District for the farmstead. The subject property is located at 626 Ball Street. Council Member Lease, seconded by Council Member Coy, 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, Wilbanks, Stewart, Freed, Lease & Coy Nays: None Absent: Spencer ORDINANCE NO. 2012-25 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 Z12-04 ON ATRACT OF LAND OUT OF THE A. FOSTER SURVEY, ABSTRACT NO. 518, 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 "GV" GRAPEVINE VINTAGE DISTRICT REGULATIONS TO "GU"GOVERNMENTAL USE DISTRICT; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND 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 HISTORIC LANDMARK SUBDISTRICT HL12-03 NASH FARMSTEAD Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Historical Landmark Subdistrict Application HL12-03 filed by the City of Grapevine granting a historical landmark subdistrict overlay for the Nash Farmstead located at 626 Ball Street and adoption of the T. J. Nash Farmstead Historical Design Guidelines. The subject property is zoned "GU" Governmental Use District. 19 05/15/12 Council Member Stewart, seconded by Council Member Coy, offered a motion to accept the Commission's recommendation and approve the ordinance granting the historical landmark subdistrict overlay. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Stewart, Freed, Lease & Coy Nays: None Absent: Spencer ORDINANCE NO. 2012-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, DESIGNATING A HISTORIC LANDMARK SUBDISTRICT HL12-03 IN ACCORDANCE WITH SECTION 39 OF ORDINANCE NO. 82-73 (APPENDIX "D" OF THE CODE OF ORDINANCES), DESIGNATING THE AREA PLATTED AS LOT 1, BLOCK 1, NASH FARMSTEAD ADDITION AND MORE SPECIFICALLY DESCRIBED HEREIN, IN A DISTRICT ZONED "GU" GOVERNMENTAL USE DISTRICT; PROVIDING FOR THE ADOPTION OF THE T. J. NASH FARMSTEAD HISTORIC DISTRICT PRESERVATION CRITERIA; 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 29. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU12-16 SIDE STREET WINERY & BODEGA ` Chairman Oliver reported the Planning & Zoning Commission voted 6-1 for approval of Conditional Use Application CU12-16 with the condition the outside seating be removed. Approval of the application filed by Side Street Winery&Bodega allows for the possession, storage, retail sale and on-and off-premise consumption of alcoholic beverages(wine only) in conjunction with a winery. The subject property is located at 422 South Barton Street and is zoned "CBD" Central Business District. Council Member Stewart offered a motion to accept the Commission's recommendation and approve on first reading the ordinance granting the conditional use permit. The motion failed for lack of a second. 20 05/15/12 Mayor Pro Tem Ware, seconded by Council Member Lease, offered a motion to deny the conditional use application. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Stewart & Lease Nays: Coy Abstain: Freed Absent: Spencer ADJOURNMENT Mayor Pro Tem Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the meeting at 9:20 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Stewart, Freed, Lease & Coy Nays: None Absent: Spencer PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 5th day of June, 2012. APPROVED: 4g6127 -- William D. Tate Mayor ATTEST: Jo.r. Brown Cit Secretary 21