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HomeMy WebLinkAboutItem 13 - Minutes ( 5, STATE OF TEXAS ITEM COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 17th day of November, 2009 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 Sharron Spencer Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager Mana g Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the workshop to order at 6:35 p.m. ITEM 1. MONTHLY FINANCIAL REPORT Administrative Services Director John McGrane reported that Moody's Investor's had upgraded the City of Grapevine's General Obligation Ratings from Al to Aa3. He then presented the preliminary statement of revenues and expenditures for Fiscal Year ended September 30, 2009 noting the City would end the year with over 20% in the fund balance. He noted that sales taxes are down approximately 10%. He stated that due to the economy, permit fees and mixed beverage taxes continue to drop. He also noted that the City's unemployment rate is at 6.5% which is still below the national average of 10%. There was no formal action taken by the City Council. ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Coy, offered a motion to adjourn the workshop at 6:45 p.m. The motion prevailed by the following vote: 11/17/09 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 1st day of December, 2009. APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary 2 ax 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 17th day of November, 2009 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 Sharron Spencer Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 6:50 p.m. ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding: (A) personnel relative to City Manager's annual evaluation under Section 551.074, Texas Government Code; (B) conference with City Manager and Staff to discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate or expand in the City; with which businesses the City is conducting economic development negotiations under Section 551.087, Texas Government Code. RECESS AND RECONVENE 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. 11/17/09 Mayor Tate announced the City Council would reconvene in Executive Session after the Regular meeting to continue discussion of personnel under Section 551.074, Texas Government Code. NOTE: City Council continued with the Regular City Council meeting in open session in the City Council Chambers. RECESS AND RECONVENE Mayor Tate announced the City Council would recess to continue the Executive Session in the Council Conference Room regarding personnel under Section 551.074, Texas Government Code. Upon reconvening in open session in the Council Chambers, all members of the City Council were present. Mayor Tate announced there was no action necessary relative to the closed session regarding personnel under Section 551.074, Texas Government Code. ADJOURNMENT Mayor Pro Tem Wilbanks, seconded by Council Member Coy, offered a motion to adjourn the meeting at 9:38 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 1st day of December, 2009. APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary 2 STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council and the Planning & Zoning Commission of the City of Grapevine, Texas met in Regular Joint Session on this the 17th day of November, 2009 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 Sharron Spencer Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Herbert Fry Vice Chairman Betty "BJ" Wilson Member Monica Hotelling Member Jim Fechter Member Wayne Szot Alternate Elaine Martin Alternate constituting a quorum,with Commissioners Mark Lowery and Gary Martin absent, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:35 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Fry delivered the Invocation and led the Pledge of Allegiance. 11/17/09 ITEM 1. PRESENTATION, ONCOR ENERGY, TREE PARTNERSHIP PROGRAM Assistant Parks Director Kevin Mitchell briefly reviewed the City's Tree Partnership Program. He stated that citizens would receive a City voucher for a 30 gallon tree to replace trees removed by Oncor. He stated the tree sharing program had been expanded and the City is offering more educational classes and opportunities for citizens on tree pruning and maintenance. Mr. Mike Guyton, representing Oncor Energy, presented Mayor Tate a $25,000.00 check for Grapevine's Tree Sharing Program. He noted Oncor has brochures offering various educational opportunities for citizens regarding tree trimming. Mayor Tate expressed his appreciation to Oncor for their support of the Tree Partnership Program. Council Member Spencer thanked Mayor Tate for organizing the Mayor's Summit to address the metroplex's tree trimming issues with Oncor. ITEM 2. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU09-37 APPLEBEE'S Mayor Tate declared the public hearing open. Planner Albert Triplett reported that Conditional Use Application CU09-37 had been filed by Applebee's requesting a conditional use permit to amend the site plan approved by Ordinance No. 99-109 to revise the floor plan and elevations for a restaurant with outside dining. The property is located at 2215 East Grapevine Mills Circle and is zoned "CC" Community Commercial District Regulations. Mr. Triplett advised that 566 square feet of the 7,189 square foot structure will be converted as outdoor dining with seating for 44 patrons. Indoor seating will accommodate 194 patrons and 101 parking spaces are provided. No outdoor speakers will be utilized. Mr. Rick Civitarese 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 Wilson, seconded by Commissioner Fechter, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Szot & E. Martin Nays: None Absent: Lowery & G. Martin Council Member Freed, seconded by Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: 2 11/17/09 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 3. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU09-38 ANGELS' ATTIC Mayor Tate declared the public hearing open. Planner Triplett advised that Conditional Use Application CU09-38 had been filed by Angels' Attic requesting a conditional use permit for retail sales of secondhand goods in a building in excess of 3,000 square feet. The subject property is located at 1635 and 1637 West Northwest Highway and is zoned "SP" Site Plan. Mr. Triplett advised the store will expand to 5,816 square feet by the addition of 2,110 square feet in an adjoining suite. Mr. Phillip Bressinck 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. City Secretary Huff reported the Council and Commission had been copied the one letter of support. Commissioner Hotelling, seconded by Commissioner Fechter,offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Szot & E. Martin Nays: None Absent: Lowery & G. Martin Council Member Stewart, seconded by Mayor Pro Tern Wilbanks,offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 4. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU09-40 CVS PHARMACY Mayor Tate declared the public hearing open. Planner Triplett advised that Conditional Use Application CU09-40 had been filed by CVS Pharmacy requesting a conditional use permit to amend the site plan approved by Ordinance No. 2001-81 to amend the hours of operation of the on-site pharmacy. The property is located at 3701 Ira E. Woods Avenue and is zoned "HC" Highway Commercial District. 3 11/17/09 Mr. Chris Mallich, District Manager for CVS, requested favorable consideration of the application. He stated that the demand for prescription medications are not strong outside the hours of 9 a.m. to 9 p.m. and that the proposed hours for the operation of the pharmacy are in line with other similar stores in Grapevine. Discussion ensued relative to the previously approved hours for the pharmacy and the proposed hours of operation for the pharmacy. Council Member Spencer stated that the original approved hours for the pharmacy(October 2001)were to be the same as the store hours. Discussion ensued that the pharmacy had not been operating the same as the store hours, therefore the reason for the request to specify the pharmacy hours. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Fry, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Szot & E. Martin Nays: None Absent: Lowery & G. Martin Council Member Spencer, seconded by Council Member Lease, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy 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 5. APPROVE CONTRACT, TED R. WARE PLAZA CONSTRUCTION Convention & Visitors Bureau Director P. W. McCallum recommended approval of a contract with C. GreenScaping in the amount of $88,525.00 for the construction of the landscaping element of the Ted R. Ware Plaza at 627 South Church Street. The historic Keeling House property will serve as an outdoor gathering space for visitors to Grapevine's museum complex containing the Settlement to City, Donald School and Cotton Gin Museums. Motion by Council Member Coy, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: 4 11/17/09 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 6. RESOLUTION, INTERLOCAL AGREEMENT, NORTHEAST TARRANT COUNTY RADIO CONSORTIUM AND CITY OF ARLINGTON, SHARED PUBLIC SAFETY RADIO SYSTEM Police Chief Eddie Salame recommended approval of a resolution authorizing an interlocal agreement between Northeast Tarrant County Radio Consortium members (cities of Grapevine, Euless, Bedford, Colleyville, Southlake and Keller) and the City of Arlington to contract with Holland & Knight for lobbying services for the procurement of Federal grant money to assist in the purchase of a new shared public safety radio system. The total cost of the contract is $96,000.00 shared between seven cities with Grapevine's portion being $13,714.29. Motion by Council Member Freed, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2009-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO PARTICIPATION IN AN INTERLOCAL AGREEMENT WITH THE CITY OF ARLINGTON AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNATE TO EXECUTE SAID AGREEMENT AND PROVIDING AN EFFECTIVE DATE CONSENT AGENDA The next order of business for the City Council was to consider the consent agenda items, which were deemed to need little or no discussion and were acted upon as one business item. Mayor Tate asked if there was any member of the audience or the City Council who wished to remove an item from the consent agenda for full discussion. There were none. Item 7. Ordinance No. 2009-49, Second and Final Reading,Zoning Application Z09- 06 Mustang Elite Car Wash and Lube Center Development Services Director recommended approval of the second and final reading of an ordinance approving Zoning Application Z09-06 granting rezoning of 1.009 acres from "LI" Light Industrial District to "CC" Community Commercial District Regulations. The application was filed by Mustang Elite Car Wash and Lube Center for property located at 2125 Ira E. Woods Avenue. 5 11/17/09 Motion by Council Member Lease, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2009-49 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, 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 Z09-06 ON ATRACT OF LAND OUT OF THE T. EASTER SURVEY, ABSTRACT NO.474, 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 "LI" LIGHT INDUSTRIAL DISTRICT TO r, "CC" COMMUNITY COMMERCIAL 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 AND PROVIDING AN EFFECTIVE DATE Item 8. Ordinance No. 2009-50, Second and Final Reading, Conditional Use Application CU09-34 Mustang Elite Car Wash and Lube Center Development Services Director recommended approval of the second and final reading of an ordinance approving Conditional Use Application CU09-34 granting a conditional use permit to amend the site plan approved by SS94-02 to relocate the lube center and a pole sign on property located at 2125 Ira E. Woods Avenue. The Board of Zoning Adjustments granted the following variances: minimum open space, maximum impervious area for the reconfigured lot and a front and side yard setback encroachment for the existing automotive lube center. 6 11/17/09 Motion by Council Member Lease, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2009-50 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, 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 CU09-34 TO RELOCATE A LUBE CENTER WITH A 20 FOOT POLE SIGN IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS AND PROVIDING AN EFFECTIVE DATE Item 9. Authorize Purchase, Dump Trucks Public Works Director recommended approval of the purchase of four single axle dump trucks from Bruckner Truck Sales, Inc. in the total amount of$343,573.76. Motion by Council Member Lease, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 10. Authorize Purchase, Fitness Equipment 7 11/17/09 Parks & Recreation Director recommended approval of the purchase of fitness equipment from Fitness Center Outfitters in the total amount of $32,716.50 for the Community Activities Center. Motion by Council Member Lease, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 11. Authorize Purchase, Landscape Equipment, Municipal Golf Course Administrative Services Director recommended approval of the purchase of landscape equipment from Luber Brothers in the total amount of $61,476.80 for the Municipal Golf Course. Motion by Council Member Lease, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 12. Resolution, Authorize Purchase Rescue Equipment Fire Chief recommended approval of a resolution authorizing the purchase of rescue equipment from Casco Industries, Inc. in the total amount of $22,950.00 for the Fire Department. Motion by Council Member Lease, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2009-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNATE TO DECLARE CASCO INDUSTRIES A SOLE SOURCE PROVIDER FOR FIRE INNOVATIONS, LLC SAFETY EQUIPMENT AND PURCHASE THE SAFETY EQUIPMENT FROM CASCO INDUSTRIES AND PROVIDING AN EFFECTIVE DATE Item 13. Award Bid 330-2010 Janitorial Supplies and Paper Goods Annual Contract 8 11/17/09 Administrative Services Director recommended approval of the award of Bid 330-2010 Janitorial Supplies and Paper Goods Annual Contract to Empire Paper Company. Motion by Council Member Lease, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 14. Consideration of Minutes City Secretary recommended approval of the minutes of the October 27 and November 3, 2009 City Council meetings as published. Motion by Council Member Lease, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 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. ITEM 15. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU09-37 APPLEBEE'S Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU09-37 filed by Applebee's granting a conditional use permit to amend the site plan approved by Ordinance No. 99-109 to revise the floor plan and elevations for a restaurant with outside dining. The property is located at 2215 East Grapevine Mills Circle and is zoned "CC" Community Commercial District Regulations. 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, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2009-51 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE 9 11/17/09 ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX"D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU09-37 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE. NO. 99-109 TO REVISE THE RESTAURANT FLOOR PLAN, ELEVATIONS AND ALLOW OUTSIDE DINING IN A DISTRICT ZONED"CC"COMMUNITY COMMERCIAL DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 16. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU09-38 ANGELS' ATTIC Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Permit CU09-38 filed by Angels'Attic granting a conditional use permit for retail sales of secondhand goods in a building in excess of 3,000 square feet. The subject property is located at 1635 and 1637 West Northwest Highway and is zoned "SP" Site Plan. Council Member Stewart, 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, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO 2009-52 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE NO 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, 10 11/17/09 TEXAS, SAME BEING ALSO KNOWN AS APPENDIX"D"OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU09-38 FOR RETAIL SALES OF SECONDHAND GOODS IN A STORE EXCEEDING 3,000 SQUARE FEET IN A DISTRICT ZONED "SP" SITE PLAN 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 17. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU09-40 CVS PHARMACY Chairman Oliver reported the Planning & Zoning Commission voted 6-1 for approval of Conditional Use Application CU09-40 filed by CVS Pharmacy granting a conditional use permit to amend the site plan approved by Ordinance No. 2001-81 to amend the store hours of operation from 7 a.m. to 12 midnight with no restrictions to the hours of the on-site pharmacy. The property is located at 3701 Ira E. Woods Avenue and is zoned "HC" Highway Commercial District. Council Member Freed, seconded by Council Member Coy, offered a motion to accept the Commission's recommendation with the condition of no restrictions to the pharmacy hours and approve the ordinance granting the conditional use permit. The motion failed by the following vote: Ayes: Tate, Freed & Coy Nays: Wilbanks, Spencer, Stewart & Lease Council Member Freed, seconded by Council Member Coy, offered an amendment to the motion to reflect the hours requested by the applicant as follows: Store Pharmacy 7 a.m. - 12 a.m. M-F 8 a.m. — 10 p.m. 7 a.m. — 12 a.m. Sat. 8 a.m. — 6 p.m. 8 a.m. — 10 p.m. Sun. 10 a.m. — 6 p.m. 11 11/17/09 The motion failed by the following vote: Ayes: Freed, Lease & Coy Nays: Tate, Wilbanks, Spencer & Stewart Council Member Freed, seconded by Council Member Coy, offered a second amendment to the motion to reflect the pharmacy hours as follows: Store Pharmacy 7 a.m. - 12 a.m. M-F 8 a.m. — 10 p.m. 7 a.m. — 12 a.m. Sat. 8 a.m. — 8 p.m. 8 a.m. — 10 p.m. Sun. 10 a.m. — 8 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2009-53 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, 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 CU09-40 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2001-81 FOR A RETAIL PHARMACY SPECIFICALLY TO AMEND THE HOURS OF OPERATION OF THE ON-SITE PHARMACY 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 12 11/17/09 EFFECTIVE DATE ITEM 18. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 3-R AND TRACT A, BLOCK 1, DFW BUSINESS PARK AND A 1.009 ACRE UNPLATTED TRACT Chairman Oliver reported the Planning&Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 3-R and Tract A, Block 1, DFW Business Park and a 1.009 acre tract of unpiatted land. The 1.712 acre property is located at 2125 Ira E. Woods Avenue and is being replatted due to the widening of State Highway 26. Council Member Coy, 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 3-R and Tract A, Block 1, DFW Business Park and a 1.009 acre tract of unpiatted land. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RECESS AND RECONVENE Mayor Tate announced the City Council would recess to continue the Executive Session in the Council Conference Room regarding personnel under Section 551.074, Texas Government Code. Upon reconvening in open session in the Council Chambers, all members of the City Council were present. Mayor Tate announced there was no action necessary relative to the closed session regarding personnel under Section 551.074, Texas Government Code. ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Coy, offered a motion to adjourn the meeting at 9:38 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 1st day of December, 2009. APPROVED: William D. Tate Mayor 13 11/17/09 ATTEST: Linda Huff City Secretary 14