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HomeMy WebLinkAboutItem 09 - MinutesI ISM STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Special Session on this the 13th day of September, 2011 at 6:09 p.m. in the City Council Chambers, Second Floor, 200 South Main Street, with the following members present to -wit: 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 Mayor William D. Tate absent, with the following members of the City Staff: Bruno Rumbelow Jennifer Hibbs Doug Connor Linda Huff John McGrane CALL TO ORDER City Manager Assistant City Manager Assistant City Attorney. City Secretary Administrative Services Director Mayor Pro Tem Wilbanks called the meeting to order at 6 :09 p.m. ITEM 1. ORDINANCE, ADOPT FISCAL YEAR 2011 -2012 BUDGET Administrative Services Director John McGrane stated the Fiscal Year 2011 -2012 Budget remains the same as was presented in the September 6th public hearing. The proposed budget for Fiscal Year 2011 -2012 (FY2012) responds to the Council's priorities and represents a continuing commitment to prudent fiscal management while providing essential services to the community. The service levels remain - consistent and there will not be any increase in utility rates. The proposed tax rate for FY2012 is reduced to $0.3480 per $100.00 valuation and the "pay as you go" policy will remain in effect. The proposed budget maintains a 20% fund balance. He noted that the proposed budget does not include any new positions in FY2012 and that the proposal includes a recommended 1 % market adjustment for employees. The budget contains fund expenditures in the following amounts: General Fund $53,253,516 Municipal Court Technology Fund 71,220 Convention & Visitors Bureau Fund 17,781,306 Stormwater Drainage Fund Crime Control & Prevention District Fund Lake Parks Special Revenue Fund 413 Economic Development Fund Debt Service Fund Utility Enterprise Fund Lake Enterprise (Golf) Fund General Permanent Capital Maintenance Fund Permanent Street Maintenance Fund Community Quality of Life Capital Project Fund Convention & Visitors Bureau Capital Projects Fund Capital Equipment Acquisitions 09/13/11 ,819,471 12,963,649 1,592,047 7,944,146 10,761,248 20,717,145 3,197,528 1,171,500 1,400,000 1,350,804 573,255 4,162,665 Council Member Lease, seconded by Council Member Coy, offered a motion to adopt the ordinance approving Fiscal Year 2011 -2012 budget as presented. The motion prevailed by the following vote: Ayes: Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Absent: Tate ORDINANCE NO. 2011 -45 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ADOPTING THE BUDGET FOR THE CITY OF GRAPEVINE, TEXAS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012; PROVIDING FOR INTRA- AND INTER- DEPARTMENTAL FUND TRANSFERS; PROVIDING FOR INVESTMENT OF CERTAIN FUNDS; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE ITEM 2. ORDINANCE ADOPT AD VALOREM TAX RATE City Manager Bruno Rumbelow recommended approval of an ordinance setting the Fiscal Year 2011 -2012 ad valorem tax rate at $0.3480 per $100.00 valuation apportioned as follows: General Fund, a tax rate of $0.142312 per $100 value and Debt Service, a tax rate of $0.205688 per $100 value. Council Member Coy, seconded by Council Member Stewart, offered a motion to adopt the ordinance as presented setting the ad valorem tax rate at $0.3480 per $100.00 valuation. The motion prevailed by the following vote: Ayes: Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Absent: Tate Od, 09/13/11 ORDINANCE NO. 2011 -46 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SETTING THE ANNUAL TAX RATE FOR TAX YEAR 2011; LEVYING TAXES FOR THE TAX YEAR 2011 TO BE ASSESSED ON ALL TAXABLE PROPERTY WITHIN THE LIMITS OF THE CITY OF GRAPEVINE, TEXAS; PROVIDING PENALTIES AND INTEREST FOR THE DELINQUENT TAXES; DECLARING AN EMERGENCYAND PROVIDING AN EFFECTIVE DATE ADJOURNMENT Council Member Coy, seconded by Council Member Stewart, offered a motion to adjourn the meeting at 6:12 p.m. The motion prevailed by the following vote: Ayes: Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Absent: Tate PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 4th day of October, 2011. ATTEST: Linda Huff City Secretary 3 UT-00-09119"I William D. Tate Mayor 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 September, 2011 at 6:15 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to -wit: William D. Tate C. Shane Wilbanks Sharron Spencer Roy Stewart Darlene Freed Mike Lease Chris Coy Mayor Mayor Pro Tern Council Member Council Member Council Member Council Member Council Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager John F. Boyle, Jr, City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the workshop to order at 6:15 p.m. ITEM 1. DISCUSS CONTROLLED ACCESS GATES, STONEBRIDGE OAKS Development Services Director Scott Williams reported that the residents and developer /builder of the Stonebridge Oaks townhomelsingle family development had requested consideration of establishing controlled access at all entrances to the subdivision as they have private streets and are responsible forthe upkeep. The controlled access would prohibit cut through traffic to State Highway 360 and also provide security to the subdivision. Council discussion ensued that criteria should be developed regarding controlled access to subdivisions, whether they are private or public. It was noted that a planned development overlay application containing the details associated with the gates location and operation would be required for consideration by the Planning & Zoning Commission and the City Council. It was the consensus of the City Council that specific criteria for controlled access and the number of private streets in the community should be reviewed prior to any decisions relative to controlled access to subdivisions. There was no formal action taken by the City Council. 09/20/11 ITEM 2. DISCUSS D.E. BOX ADDITION HISTORIC DISTRICT OVERLAY Township Restoration Coordinator David Klempin noted that the Historic Preservation Commission had unanimously approved an application for a historic landmark overlay for the 64 properties of the D.E. Box Addition. The Addition contains properties that are one - story, ranch -style structures constructed between 1948 and 1962. It was the consensus of the Council that the small strip of land between the Township and the D. E. Box Addition be researched for inclusion in the Township. There was no formal action taken by the City Council. ITEM 3. MONTHLY FINANCIAL UPDATE Administrative Services Director John McGrane presented the monthly financial update, noting that the General Fund revenues and expenditures are tracking with the FY2011 budget. Sales taxes are up slightly. He stated that water sales are up and that the Hotel Occupancy Tax has a slight decrease. The City's unemployment rate remains at 6.4 %. 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 7:00 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 4th day of October, 2011. ATTEST. Linda Huff City Secretary 2 APPROVED: William D. Tate Mayor 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 September, 2011 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 C. Shane Wilbanks Sharron Spencer Roy Stewart Darlene Freed Mike Lease Chris Coy Mayor Mayor Pro Tern Council Member Council Member Council Member Council Member Council Member constituting a quorum, with the following members of the Planning & Zoning Commission: Larry Oliver Herbert Fry Monica Hotelling Jim Fechter Beth Tiggelaar Wayne Szot Elaine Martin Chairman Vice Chairman Member Member Member Alternate Alternate constituting a quorum, with Commissioners Betty "BJ" Wilson and Gary Martin absent, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:33 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Szot delivered the Invocation and led the Pledge of Allegiance. ITEM 1. PESENTATION GRAPEVINE HERITAGE FOUNDATION'S 2011 PRESERVATION ADVOCACY AWARDS 09/20/11 Mayor Tate presented the Seventh Annual Grapevine Heritage Foundation's 2011 Preservation Advocacy Award Winners commemorating outstanding preservation accomplishments within the City of Grapevine. Awards were presented to the following: Restoration Award (residential properties) - Slade Myrick for the C. W. Goad House at 851 East Worth Street, in the D. E. Box Addition and Restoration Award - Hal and Patsy Heitz for the E. S. Farrington House at 508 East Worth Street; Advocacy Award - David Smith for the Terrill- Payne - Fuller House, c. 1865, at 504 West College Street; Restoration Award (commercial buildings) - Chuck and Sally Bultmann for the J. E. Foust Building, c. 1889, at 334 South Main Street; Grapevine Township Award - Joe and Izak Gregory for the First National Bank building, c. 1942, at 342 South Main Street; and Conservation Award - Phil Berkebile for the Tarrant County State Bank building, c. 1897 at 332 South Main Street. Mayor Tate stated these awards celebrate the careful work and outstanding results that preservation efforts have brought to our community. These efforts bring revitalization to the historic Grapevine Township as well as economic impact to the entire City. Thank you all for your commitment to our history and the landmarks that tell the story of the Grape Vine Prairie. ITEM 2. UPDATE, DFW CONNECTOR PROJECT Ms. Maribel Chavez, P.E. District Engineer of TxDOT, introduced Mr. Rob Anderson, NorthGate Deputy Project Director, to present an update on the DFW Connector Project. Mr. Anderson presented an overview of the project noting that the DFW Connector Project is 50% complete and that by Christmas this year, it will be 60% complete. He reviewed the major traffic switches that are necessary to accommodate the traffic and he noted the progress being made on the bridges. There was no formal action taken by the City Council. ITEM 3. PUBLIC HEARING,_ ZONING APPLICATION Z11 -03, CONDITIONAL USE APPLICATION CU11 -24 AND PLANNED DEVELOPMENT OVERLAY PD11 -04 RESIDENCES AT GRAPEVINE STATION Mayor Tate declared the public hearing continued from August 16, 2011. Planning & Development Manager Ron Stombaugh reported that Zoning Application Z1 1 - 03, Conditional Use Application CU11 -24 and Planned Development Overlay PD11 -04 had been filed by Residences at Grapevine Station. The zoning application requests rezoning of 10.16 acres from "BP" Business Park District and "CC" Community Commercial District Regulations to "R -MF" Multifamily District Regulations for the development of a three -story, 273 unit apartment complex. The conditional use application requests a permit to vary from density, height and parking. The planned development overlay to include but not be limited to deviation from building separation and location, width of side yard, buffer area, location of off - street parking, and building design relative to articulation. The subject property is located at 1022 Texan Trail. 2 0912011 Mr. Mike Pacillio requested favorable consideration of the application highlighting the changes made to the site plans as a result of the August meeting. The proposal now includes nine structures containing 273 units; the main buildings contain the bulk of the units within the complex; three smaller two story buildings containing three units each are located at western edge of the property to serve as a buffer between the existing residentially zoned property and the main portion of the complex. Total parking onsite is now 470 spaces with 103 attached garage parking and 13 new detached garage spaces. The Planning & Zoning Commission questioned the need for the multifamily housing, the perception of deterioration of the apartment complex over the years and why residential development instead of retail. Mr. Pacillio responded that 75% of the property will be small one bedrooms with 25% of the complex being two bedrooms. The proposed development will feel like a mixed use district with the other buildings in the area. He stated that all quality materials will be utilized in the construction of the apartment complex. It was noted that five acres in the area will be for retail development. Mayor Tate invited guests present to comment regarding the applications. The following spoke in support of the applications, supporting the continued development in the area and the availability of rental property for local employees and empty nesters: Ms. Brenda Stuckert, North Star Bank, 1002 Texan Trail Mr. Robert Venable, Buchanan Technologies, Inc., 1026 Texan Trail Mr. Kris Fagala, 621 North Main Street The following spoke in opposition of the applications noting there are enough apartments in the community, expressing concern regarding deterioration of the property overtime and the need for green space in Grapevine: Ms. Susan Peabody, 613 Oak Lane Ms. Julie McCarty, 703 Peach Court Mr. Douglas Rivers, 706 Peach Court Ms. Dionne Gauthier, 702 Peach Court City Secretary Huff reported the Council and Commission had been copied the following letters of support and opposition: Property owners within notification area: support — 6, opposition - 1 Concerned citizens that do not own property within notification area: support 18, opposition — 36 Grapevine business owners: support — 11 Grapevine residents unable to verify any property ownership: support-18. opposition- 1 Commissioner Fechter, seconded by Commissioner Fry, offered a motion to close the public hearing. The motion prevailed by the following vote: 09/20/11 Ayes: Oliver, Fry, Hotelling, Fechter, Tiggelaar, Szot & E. Martin Nays: None Absent: Wilson & G. Martin Council Member Freed, seconded by Council Member Coy, 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 CU11 -21 GRAPEVINE STATION Mayor Tate declared the public hearing continued from the August 16, 2011 meeting. Planning & Development Manager Stombaugh reported that Conditional Use Application CU11 -21 had been filed by Grapevine Station requesting a conditional use permit to amend the site plan approved by Ordinance No. 2005 -46 to reduce the size of the planned business park for development of an apartment complex. The subject property located at 1024 Texan Trail is zoned "BP" Business Park District. Mr. Stombaugh advised that this case was in conjunction with the previous case. 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 Szot, seconded by Commissioner Hotelling, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Hotelling, Fechter, Tiggelaar, Szot & E. Martin Nays: None Absent: Wilson & G. Martin Mayor Pro Tem Wilbanks, seconded by Council Member Stewart, 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 5. PUBLIC_ HEARING, CONDITIONAL USEAPPLICATION CU11- 23TOWERS OF GRAPEVINE Mayor Tate declared the li hearing open. ►1 09/20/11 Planning & Development Manager Stombaugh reported that Conditional Use Application CU 11-23 had been filed by Towers of Grapevine requesting a conditional use permit to amend the site plan approved by Ordinance No. 2010 -35 to revise the lot configuration for a restaurant with drive through service, outdoor speakers and to relocate a 20 foot pole sign. The property is located at 1281, 1283, 1301 and 1401 William D. Tate Avenue and is zoned "HC Highway Commercial District. Mr. Don Sopranzi and Mr. John Evans requested favorable consideration of the application for the proposed development of an In and Out Burger restaurant. Questions from the City Council and the Planning & Zoning Commission related to driveway access, parking, traffic congestion and car stacking for the flow of traffic through the development. Mr. Evans responded that he had worked with City Staff to achieve the recommended driveway access and that the business owner would monitor traffic flows during the hours of operation. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Hotelling, seconded by Commissioner E. Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Hotelling, Fechter, Tiggelaar, Szot & E. Martin Nays: None Absent: Wilson & G. (Martin Council Member Stewart, 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 ITEM 6. _ ._ PUBLIC HEARING, CONDITIONAL USE APPLICATION CU11 -25 AND FINAL PLAT LOT 1 BLOCK 1 BOBBER DOWN ADDITON REPLAT OF LOT 2R, BLOCK 1, M.L. HURST ADDITION AND AN UN_PLATTED 0.224 ACRES Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Conditional Use Application CU11 -25 and the application for the final plat of Lot 1, Block 1, Bobber Down Addition being a replat of Lot 2R, Block 1, M. L. Hurst Addition and an unplatted 0.224 acres had been filed by 7- Eleven. The conditional use application requests a conditional use permit to allow gasoline sales and the possession, storage, retail sale and off - premise 5 09/20/11 consumption of alcoholic beverages (beer and wine only) in conjunction with a convenience store located at 897 West Northwest Highway. The subject property is zoned "HC" Highway Commercial District. Mr. Stombaugh advised that 26.20% of the property owners within 200 feet of the subject property oppose the request; therefore, it will require a % vote of the City Council for approval of the applications. Mr. Michael Montgomery and Mr. Jason Keene requested favorable consideration of the applications. Comments by the City Council and the Planning & Zoning Commission noted concerns regarding the size of the property not being adequate for the proposed development, concerns about the curb cut on Ball Street, concern that the traffic flow at the intersections at Northwest Highway and Ball Street, as well as the intersection of Bali and Wall Streets, is very congested now without the addition of the proposed 7- Eleven. Mayor Tate invited guests present to comment regarding the application. Mr. Eric Stober, 901 West Northwest Highway, spoke in opposition to the application due to the proximity of the school, curb cuts on Ball Street and safety concerns. Note: Council Member Freed left the dais. Commissioner E. Martin, seconded by Commissioner Fry, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, III lotelling, Fechter, Martin, Tiggelaar, Szot & E. Martin Nays: None Absent: Wilson & G. Martin Council Member Coy, 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, Lease & Coy Nays: None Absent: Freed ITEM 7. PUBLIC HEARING HISTORIC LANDMARK SUBDISTRICT HL10 -07 MR. MARK BORN Mayor Tate declared the public hearing open. Note: Council Member Freed returned to the dais. Planning & Development Manager Stombaugh reported that Historic Landmark Subdistrict HL10 -07 had been filed by Mr. Mark Born requesting a Historic Landmark Subdistrict designation on property located at 231 and 235 Austin Street known as the Tillery/Smith Homeplace. The subject property is zoned "R -7.5" Single Family District Regulations. R. 09/20/11 There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Fry, seconded by Commissioner Hotelling, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Hotelling, Fechter, Tiggelaar, Szot & E. Martin Nays: None Absent: Wilson & G. Martin Council Member Stewart, seconded by Council Member Spencer, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, 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 8. RESOLUTION, EXPRESSING INTENT TO FINANCE EXPENDITURES. KIMBALL ROAD Administrative Services Director John McGrane recommended approval of a resolution expressing intent to finance expenditures in the amount of $1,500,000.00 related to the widening and improvements to Kimball Road prior to the issuance of debt obligations. Motion by Council Member Freed, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2011 -62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE EXPRESSING INTENT TO FINANCE EXPENDITURES TO BE INCURRED AND PROVIDING AN EFFECTIVE DATE 7 0912011 ITEM 9. CHANGE ORDER NO. 1, MEADOWMERE_ _ _PARK BOAT RAMP IMPROVEMEMTS Parks & Recreation Director Doug Evans recommended approval of Change Order No. 1 to the Meadowmere Park Boat Ramp Improvements construction contract with Dean Electric dba Dean Construction in the amount $48,750.00. Change Order No. 1 will allow the low water boat ramp to be extended another 36 feet due to the lake being below normal level. Motion by Mayor Pro Tern Wilbanks, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 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 10. Renew Bid 291 -2007 Various Aggregate Materials Public Works Director recommended approval of the renewal of Bid 291 -2007 Various Aggregate Materials to TXI Industries, Inc., Hanson Aggregates, U.S. Silica Company, Big Sandy Sand Company, Trinity Materials Inc. and Top Way Properties. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 11. Renew Managed Data Services Annual Contract City Manager recommended approval of the renewal of the Managed Data Storage Services Annual Contract in the amount of $48,600.00 to One Safe Place Media Corporation. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None E-3 09/20/11 Item 12. Resolution, Authorize Purchase, Motorola Radios Fire Chief recommended approval of a resolution authorizing the purchase of Motorola radios and associated equipment in the amount of $39,534.18 for the Fire Department from DFW Communications through an interlocal agreement with the Houston - Galveston Area Council. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2091 -63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO PURCHASE MOTOROLA RADIOS THROUGH AN ESTABLISHED INTERLOCAL AGREEMENT AND PROVIDING AN EFFECTIVE DATE Item 13. Award Bid 372 -2011 Temporary Employment Services Annual Contract Administrative Services Director recommended award of Bid 372 -2011 Temporary Employment Services Annual Contract to Temporaries of Texas, Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 14. Authorize Purchase Emer enc By-Pass Pump, Kimball Lift Station Public Works Director recommended approval of the purchase of an emergency by -pass pump for Kimball Lift Station for the Wastewater Plant in amount of $38,640.00 from Odessa Pump and Equipment, Inc. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 15. Approval City Fund Balance Policy E* 09/20/11 Administrative Services Director recommended approval of the City Fund Balance Policy pursuant to Government Accounting Standards Board (GASB) Statement No. 54, Fund Balance Report and Government Financial Type Definitions. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 16. Consideration of Minutes City Secretary recommended approval of the minutes of the September 6, 2011 City Council meetings as published. Motion by Council Member Stewart, seconded by Council Member Lease, 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 City Council Chambers, all members of the City Council were present. ITEM 17. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z11 -03 RESIDENCES AT GRAPEVINE STATION Chairman Larry Oliver reported the Planning & Zoning Commission voted 5 -2 for approval of Zoning Application Z11 -03 filed by Residences at Grapevine Station granting rezoning of 10.16 acres from "BP" Business Park District and "CC" Community Commercial District Regulations to "R -MF" Multifamily District Regulations forthe development of a three -story, 273 unit apartment complex located at 1022 Texan Trail. 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, Spencer, Stewart, Freed & Lease Nays: Wilbanks & Coy ORDINANCE NO. 2011 -47 AN ORDINANCE AMENDING ORDINANCE NO. 82 -73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS 10 09/20/11 APPENDIX "D" OF THE CITY CODE OF GRAPEVINE, TEXAS, GRANTING ZONING CHANGE Z11 -03 ON A TRACT OF LAND OUT OF THE E. MOORE SURVEY, ABSTRACT 1029, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS AND "BP" BUSINESS PARK DISTRICT 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 18. PLANNING & ZONING COMMISSION RECOMMENDATION, CONDITIONAL USE APPLICATION CU11 -24 RESIDENCES AT GRAPEVINE STATION Chairman Oliver reported the Planning & Zoning Commission voted 5 -2 for approval of Conditional Use Application CU11 -24 filed by Residences at Grapevine Station granting a conditional use permit to vary from density, height, open space, front yard setback, parking and a planned development to include but not be limited to deviation of the density, height, open space, parking, front yard setback, landscape buffer, length of buildings, building articulation, accessory uses between building line and property line. The subject property is located at 1022 Texan Trail and a three -story, 273 unit apartment complex is planned for development. Council Member Lease, seconded by Council Member Stewart, 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, Spencer, Stewart, Freed & Lease Nays: Wilbanks & Coy ORDINANCE NO. 2011 -48 1 09/20/11 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 CU11 -24 TO VARY FROM THE ESTABLISHED STANDARDS CONTAINED IN SECTION 22 "R -MF" MULTIFAMILY DISTRICT REGULATIONS RELATIVE TO DENSITY, AND HEIGHT, 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 19. PLANNING & ZONING COMMISSION RECOMMENDATION PLANNED DEVELOPMENT OVERLAY PD11 -04 RESIDENCES AT GRAPEVINE STATION Chairman Oliver reported the Planning & Zoning Commission voted 5 -2 for approval of Planned Development Overlay PD 11-04 filed by Residences at Grapevine Station granting a planned development overlay on property located at 1022 Texan Trail for the development of a three -story, 273 unit apartment complex. The planned development overlay to include but not be limited to deviation of the density, height, open space, parking, front yard setback, landscape buffer, length of buildings, building articulation, accessory uses between building line and property line. Council Member Spencer, seconded by Council Member Freed, 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, Spencer, Stewart, Freed & Lease Nays: Wilbanks & Coy ORDINANCE NO. 2011 -49 12 0912011 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 PD11 -04 TO INCLUDE BUT NOT BE LIMITED TO BUILDING SEPARATION AND LOCATION, WIDTH OF SIDE YARD, REAR YARD BUFFER AREA, LOCATION OF OFF - STREET PARKING, AND BUILDING ARTICULATION, AND 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 20. PLANNING & ZONING COMMISSION RECOMMENDATION AMENDING FINAL PLAT LOTS 2R AND 3, BLOCK 4, GRAPEVINE STATION Chairman Oliver reported the Planning & Zoning Commission voted 5 -2 for approval of the Statement of Findings and the amending final plat of Lots 2R and 3, Block 4, Grapevine Station. The 13.64 acre tract located at the southwest corner of Texan Trail and Wall Street is being platted from three lots into two. The subject property is zoned "BP" Business Park District. Council Member Stewart, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the amending final plat of Lots 2R and 3, Block 4, Grapevine Station. The motion prevailed by the following vote: Ayes: Tate, Spencer, Stewart, Freed & Lease Nays: Wilbanks & Coy 13 09/20/11 ITEM 21. _PLANNING & ZONING COMMISSION RECOMMENDATION, CONDITIONAL USE APPLICATION CU11 -21 GRAPEVINE STATION Chairman Oliver reported the Planning & Zoning Commission voted 6 -1 for approval of Conditional Use Application CU 11-21 filed by Grapevine Station granting a conditional use permit to amend the site plan approved by Ordinance No. 200546 to reduce the size of the planned business park for development of an apartment complex. The subject property located at 1024 Texan Trail is zoned "BP" Business Park District. Council Member Freed, seconded by Council Member Stewart, 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, Spencer, Stewart, Freed & Lease Nays: Wilbanks & Coy ORDINANCE NO. 2011-50 AN ORDINANCE ISSUING ACONDITIONAL 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 CU11 -21 AMENDING THE SITE PLAN APPROVED BY ORDINANCE NO. 2005 -46 TO REDUCE THE SIZE OF THE PLANNED BUSINESS PARK IN A DISTRICT ZONED "BP" BUSINESS PARK DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 22. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATIOON CU11 -23 TOWERS OF GRAPEVINE 14 09/20/11 Chairman Oliver reported the Planning & Zoning Commission voted 7 -0 for approval of Conditional Use Application CU11 -23 filed by the Towers of Grapevine granting a conditional use permit to amend the site plan approved by Ordinance No. 2010 -35 to revise the lot configuration for a restaurant with drive through service, outdoor speakers and to relocate a 20 foot pole sign. The property is located at 1281, 1283, 1301 and 1401 William D. Tate 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 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. 2011 -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 ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU11 -23 AMENDING THE SITE PLAN APPROVED BY ORDINANCE NO. 2010 -35 FOR A PLANNED COMMERCIAL CENTER SPECIFICALLY TO REVISE THE LOT LAYOUT FOR A RESTAURANT WITH DRIVE - THROUGH SERVICE, ALLOW OUTDOOR SPEAKERS, AND ALLOW FOR A NEW 20 -FOOT POLE SIGN 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 23. PLANNING & ZONING COMMISSION RECOMMENDATION. 15 09/20/11 CONDITIONAL USE APPLICATION CU11 -25 7- ELEVEN Chairman Oliver reported the Planning & Zoning Commission voted 7 -0 for denial of Conditional Use Application CU11 -25 filed by 7- Eleven requesting a conditional use permit to allow gasoline sales and the possession, storage, retail sale and off - premise consumption of alcoholic beverages (beer and wine only) in conjunction with a convenience store located at 897 West Northwest Highway. The subject property is zoned "HC" Highway Commercial District. Council Member Spencer, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation for denial of the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 24. PLANNING & ZONING COMMISSION RECOMMENDATION. FINAL PLAT LOT 1, BLOCK 1, BOBBER DOWN ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 7 -0 for denial of the Statement of Findings and the final plat of Lot 1, Block 1, Bobber Down Addition. The 0.737 acre tract is located west of Ball Street between Northwest Highway and Wall Street. The property is zoned "HC" Highway Commercial District. Council Member Freed, seconded by Council Member Lease, offered a motion to accept the Commission's recommendation for denial of the Statement of Findings and the final plat of Lot 1, Block 1, Bobber Down Addition. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 25. PLANNING & ZONING COMMISSION RECOMMENDATION, HISTORIC LANDMARK SUBDISTRICT HL10 -07 TILLERYISMITH HOMEPLACE Chairman Oliver reported the Planning & Zoning Commission voted 7 -0 for approval of Historic Landmark Subdistrict HL10 -07 filed by Mr. Mark Born for property located at 231 and 235 Austin Street, known as the Tillery/Smith Homeplace. The subject property is zoned "R -7.5" Single Family District Regulations. Mayor Pro Tem Wilbanks, seconded by Council Member Lease, offered a motion to accept the Commission's recommendation and approve the ordinance granting the historic landmark subdistrict. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2011 -52 16 09/20/11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DESIGNATING A HISTORIC LANDMARK SUBDISTICT HL10 -07 IN ACCORDANCE WITH SECTION 39 OF ORDINANCE NO. 82-73 (APPENDIX "D" OF THE CODE OF ORDINANCES), DESIGNATING THE AREA LEGALLY DESCRIBED AS LOTS 1A AND 2A, BLOCK 105, COLLEGE HEIGHTS ADDITION, E. MOORE SURVEY ABSTRACT 1029 AND MORE SPECIFICALLY DESCRIBED HEREIN, IN A DISTRICT ZONED "R -7.5" SINGLE FAMILY DISTRICT REGULATIONS; PROVIDING FOR THE ADOPTION OF THE TILLERYISMITH HOMEPLACE HISTORIC DISTRICT DESIGN GUIDELINES; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 26. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 2A -1, 2A -2. 2A -3 AND 4A, BLOCK 1, HAYLEY ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 7 -0 for approval of the Statement of Findings and the amending final plat of Lots 2A -1, 2A -2, 2A -3 and 4A, Block 1, Hayley Addition. The 7.1908 acre property is platting five lots into four lots on property located at 1401 William D. Tate Avenue. The subject property is zoned "HC" Highway Commercial District. Council Member Stewart, seconded by Council Member Coy, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lots 2A -1, 2A -2, 2A -3 and 4A, Block 1, Hayley Addition. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Lease, offered a motion to adjourn the meeting at 10:00p.m. The motion prevailed by the following vote: BFI 09/20/11 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 4th day of October, 2011. ATTEST Linda Huff City Secretary 18 APPROVED: William D. Tate Mayor