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HomeMy WebLinkAboutItem 17 - Minutes ITEM # STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 16th day of October, 2012 at 6:45 p.m. in the City Council Conference Room,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 City Manager Jennifer Hibbs Assistant City Manager John F. Boyle, Jr. City Attorney Jodi C. Brown City Secretary CALL TO ORDER Mayor Pro Tern Wilbanks called the workshop to order at 6:45 p.m. ITEM 1. MONTHLY FINANCIAL UPDATE Administrative Services Director John McGrane presented the monthly financial update, noting that ad valorem figures were up and that expenditures were less than the revenues for FY2012 for the General and Utility Funds. He commented that even with the transfers to the Quality of Life Fund and the Crime Control Prevention District Fund; the fund balance would still meet the 20% requirement. He noted that 30 out of the last 33 months have shown a positive trend for sales tax collections and anticipates a 9.5% increase in sales tax this year compared to the same time last year. The mixed beverage taxes are down due to the reduced percentage allocated by the State. The City's unemployment rate dropped from 6.1 to 5.6%. There was no formal action taken by the City Council. ADJOURNMENT u Council Member Coy, seconded by Council Member Stewart, offered a motion to adjourn the workshop at 6:56 p.m. The motion prevailed by the following vote: 10/16/12 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 6th day of November, 2012. APPROVED: William D. Tate Mayor ATTEST; Jodi C. Brown City Secretary 2 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 16th day of October, 2012 at 7:00 p.m. in the City Council Conference Room, 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 City Manager Jennifer Hibbs Assistant City Manager John F. Boyle, Jr. City Attorney Jodi C. Brown City Secretary CALL TO ORDER Mayor Pro Tern Wilbanks called the meeting to order at 7:02 p.m. ITEM 1. EXECUTIVE SESSION Mayor Pro Tern Wilbanks announced the City Council would conduct a closed session regarding: (A) Real property relative to Northwest Highway Section 551.071, Texas Government Code; and (B) Conference with City Manager and Staff to discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate or expand in the City; with which businesses the City is conducting economic development negotiations under Section 551.087, Texas Government Code. Upon reconvening in open session in the Council Chambers, Mayor Pro Tern Wilbanks asked if there was any action necessary relative to the closed session. City Manager Bruno Rumbelow stated there was no action necessary relative to real property or conference with City Manager and Staff under Sections 551.071 or 551.087, Texas Government Code. 10/16/12 NOTE: City Council continued with the Regular City Council meeting in open session in the City Council Chambers. ADJOURNMENT Council Member Lease, seconded by Council Member Coy, offered a motion to adjourn the meeting at 11:05 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 6th day of November, 2012. APPROVED: William D. Tate Mayor ATTEST, Jodi C. Brown 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 16th day of October, 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: 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 Planning & Zoning Commission: Larry Oliver Chairman Herbert Fry Vice Chairman Betty "BJ" Wilson Member Monica Hotelling Member Jim Fechter Member Beth Tiggelaar Member Elaine Martin Alternate constituting a quorum,with Commissioner 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 Jodi C. Brown City Secretary CALL TO ORDER Mayor Pro Tern Wilbanks 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. PRESENTATION, GRAPEVINE RECOGNIZED AS 2012 IFEA WORLD FESTIVAL AND EVENT CITY 10/16/12 Convention & Visitors Bureau Executive Director Paul McCallum stated the City of Grapevine had received the 2092 1FEA World Festival & Event City award from the Festivals and Events World Association. Mr. McCallum presented the award to Mayor Pro Tem Wilbanks noting that an international panel of judges selected Grapevine in recognition of the community leadership and ongoing, concerted efforts/support to provide a positive local environment that is conducive to and encourages the success and growth of festivals and events. ITEM 2. PRESENTATION, INTERNATIONAL ASSOCIATION OF CHIEF OF POLICE_ CISCO SYSTEMS COMMUNITY POLICING AWARD Police Chief Eddie Salame introduced International Association of Chief of Police (IACP) Community Policing Committee Member/Grand Prairie Police Chief Steve Dye who presented the Grapevine Police Department with the IACP CISCO Systems Community Policing Award for featuring innovative ideas utilizing the power of community policing, through collaboration and partnerships, to make local, national, and global communities safer from crime and terrorism. ITEM 3. PRESENTATION, INTERNATIONAL ASSOCIATION OF CHIEF OF POLICE OUTSTANDING ACHIEVEMENT IN LAW ENFORCEMENT VOLUNTEER PROGRAMS AWARD Police Chief Salame stated the Grapevine Police Department was the recipient of the IACP Award for Outstanding Achievement in Law Enforcement Volunteer Programs. He noted the Grapevine Police Volunteers perform many services through a variety of assignments including controlling traffic for festival and special events; providing foot patrol in the Historic Downtown Business District, City parks, trails and special events; staffing mobile Sky Watch Towers; and lending support for CID, administrative duties, motorist assist,jail fingerprinting;prisoner food and jail blanket delivery, school crossing guard replacement, pawn ticket collection, speed surveys, Project Lifesaver, and tourism. Chief Salame commended the volunteers for their contribution of nearly 59,000 hours of value-added service to the department and community. ITEM 4. PUBLIC HEARING, ZONING APPLICATION Z12-09 VINEYARD CREEK ESTATES Mayor Pro Tern Wilbanks continued the public hearing from the September 18, 2012 meeting. Planning and Development Manager Ron Stombaugh stated that Zoning Application Z12-09 had been filed by Contrast Development (Vineyard Creek Estates) requesting rezoning of 18.864 acres from "PCD" Planned Commerce Development District to "R-5.0" Zero Lot Line District Regulations. The subject property is located at 2011 Hall-Johnson Road. 2 10/16/12 Mr. Stombaugh advised the applicant intends to develop 53 single family lots on the subject property with access from Hall-Johnson Road, Hughes Road, and Crestwood Court. Lots would range from 7,060 square feet to 37,794 square feet,with the average lot size being 12,038 square feet, and density is 2.81 dwelling units per acre. Mr. Brad Meyer requested favorable consideration of the application, and stated that the homes proposed would not be less than 2,000 square feet and that the development would have their own home owner's association. Note: Council Member Spencer briefly left and returned during the presentation. Mayor Pro Tern Wilbanks invited guests present to comment regarding the application. The following spoke in opposition to the application, citing loss of home values, increased traffic, loss of trees, and quality of homes: Ken Davis, 4345 Crestwood Court John Thompson, 4353 Crestwood Court Robin Poehler, 4345 Crestwood Court Kent Collins, 4412 Timber Crest Court Slade Ashmore, 4400 Timber Crest Court Doug Walker, 1901 Hall-Johnson Road Carrie Hicks, 4357 Crestwood Court Carl Young, 4113 Meadow Drive Chris Hicks, 4357 Crestwood Court The following spoke in concern on part of the rezoning request relative to the four homes that would face the existing subdivision without the proposed lots being part of the home owner's association: Terry Reasner, 4349 Crestwood Court Terry Williams, 4341 Crestwood Court Discussion ensued relative to deed restrictions for the development, proposed drainage system, easements, masonry requirements and architectural designs for the development. The City Council and Planning&Zoning Commission were copied the one letter of support, one letter of concern and six letters of opposition. Commissioner Fechter, seconded by Commissioner E. Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hoteiling, Fechter, Tiggelaar & E. Martin Nays: None Absent: G. Martin Council Member Lease, seconded by Council Member Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Absent: Tate 3 10/16/12 ITEM 5. PUBLIC HEARING, ZONING APPLICATION Z12-12 WEST WALL STREET Mayor Pro Tern Wilbanks declared the public hearing open. Planning and Development Manager Stombaugh stated that Zoning Application Z12-12 had been filed by Shamrock Ventures Property Development Inc. (West Wall Street) requesting rezoning of 0.725 acres from "PO" Professional Office District Regulations to "R-7.5" Single Family District Regulations for the development of two residential lots. The subject property is located at 1331 West Wall Street. Mr. Stombaugh advised the applicant intends to rezone the property to develop two single family lots—a 17,197 square foot lot that will have frontage and access along Pebble Brook Drive and a 14,401 square foot lot that will have frontage and access along Springbrook Court. The subject property is currently part of the historic Yancy Farmhouse which received historic landmark designation in December 2007. It was determined that preservation of the actual Yancy Farmhouse structure is of primary importance and that the surrounding vacant property is not necessary to insure the care of the farmhouse. If the rezoning is considered favorably, two readings of the ordinance is required since a case before the Board of Zoning Adjustment is scheduled for November 5, 2012 to consider a variance to the buffer yard requirement. Mr. Jim O'Conner requested favorable consideration of the application and stated that the Yancy Farmhouse was scheduled for a total renovation. Note: Council Member Coy briefly left and returned during the presentation. Mayor Pro Tern Wilbanks 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: Fry, Wilson, Hotelling, Fechter, Tiggelaar& E. Martin Nays: None Abstain: Oliver Absent: 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: Wilbanks, Spencer, Stewart, Freed & Coy Nays: None Abstain: Lease Absent: Tate 4 10/16/12 ITEM 6. PUBLIC HEARING CONDITIONAL USE APPLICATION CU12-21 7-ELEVEN Mayor Pro Tern Wilbanks declared the public hearing open. Planning and Development Manager Stombaugh stated that Conditional Use Application CU12-21 filed by 7-Eleven had been deferred back to the Planning and Zoning Commission for readvertisement and reconsideration at the September 18, 2012 City Council meeting. The application requests a conditional use permit to amend the site plan approved by Ordinance No. 2012-10, as amended, for the possession, storage, retail sale and off-premise consumption of alcoholic beverages (beer and wine only) in conjunction with a convenience store. The subject property is located at 520 South Main Street#202 and is zoned "CBD" Central Business District. Mr. Nandu Madireddi, Mr. John Eiskamp and Mr. Mike McCormick requested favorable consideration of the application. Discussion ensued on normal hours of operation and during City festivals, product selection and floor plan. Mayor Pro Tem Wilbanks invited guests present to comment regarding the application. Mr. Dan Weinberger, 2826 Cripple Creek Trail, spoke in support of the application. The following spoke in opposition to 7-Eleven being located in the historic downtown area: Rebecca Knop, 326 South Main Street Becky Anderson, 1333 Pine Street Wayne Turner, 224 Austin Street Brock Bultmann, 812 Spring Creek Drive The City Council and Planning & Zoning Commission were copied the four letters of opposition. Commissioner Wilson, seconded by Commissioner Tiggelaar, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Tiggelaar& E. Martin Nays: None Absent: 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: Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Absent: Tate ITEM 7. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU12-38 SOUTHWEST BANK 5 10/16/12 Mayor Pro Tern Wilbanks declared the public hearing open. Planning and Development Manager Stombaugh stated that Conditional Use Application CU 12-38 had been filed by BDI Engineering (Southwest Bank)requesting a conditional use permit for a drive through banking facility. The subject property is located at 2050 Hall- Johnson Road and is zoned "CC" Community Commercial District Regulations. Mr. Stombaugh advised the applicant intends to develop a two story, 16,718 square foot bank with two drive through lanes that will be accessed on the east side of the subject site from an existing private drive and a newly created drive on the northbound State Highway 121 Service Road. One monument sign 10 feet in height and 40 square feet in area is proposed at the southwest corner of the site. Ms. Evelyn Dedman requested favorable consideration of the application and answered the Commission's question that the other tenants would be a possible law firm and business offices. Mayor Pro Tern Wilbanks invited guests present to comment regarding the application. Mr. Carl Young, 4113 Meadow Drive, spoke in concern to the application citing traffic flow and access. 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, Wilson, Hotelling, Fechter, Tiggelaar & E. Martin Nays: None Absent: 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: Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Absent: Tate ITEM 8. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU12-39 ANIMAL EMERGENCY OF NORTH TEXAS Mayor Pro Tern Wilbanks declared the public hearing open. Planning and Development Manager Stombaugh stated that Conditional Use Application CU 12-39 had been filed by Homeyer Engineering Inc. (Animal Emergency of North Texas) requesting a conditional use permit to amend the site plan approved by Ordinance No. 2007-17 for expansion of an existing veterinary hospital and associated overnight stays. The subject property is located at 2700 West State Highway 114 and is zoned "CC" Community Commercial District Regulations. 6 10/16/12 Mr. Steve Homeyer requested favorable consideration of the application, and answered questions on parking. The first phase would add 43 new parking spaces and the second phase would add an 11,210 square foot building and additional 30 spaces for a total of 122 parking spaces. Mayor Pro Tern Wilbanks 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 Fry, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Tiggelaar & E. Martin Nays: None Absent: G. Martin Council Member Lease, seconded by Council Member Spencer, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Absent: Tate ITEM 9. PUBLIC HEARING, HISTORIC LANDMARK SUBDISTRICT HL12-04 JOE TEAKELL GIDEON HOUSE Mayor Pro Tern Wilbanks declared the public hearing open. Planning and Development Manager Stambaugh stated that Historic Landmark Subdistrict HL12-04 had been filed by Joe Teakell for property located at 708 East Worth Street requesting designation as a historic landmark subdistrict (Gideon House). The subject property is zoned "R-7.5" Single Family District Regulations. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Pro Tern Wilbanks invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. 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, Hotelling, Fechter, Tiggelaar& E. Martin Nays: None Absent: G. Martin Council Member Stewart, seconded by Council Member Freed, offered a motion to close the public hearing, The motion prevailed by the following vote: 7 10/16/12 Ayes: Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Absent: Tate RECESS AND RECONVENE Mayor Pro Tern Wilbanks announced the Planning &Zoning Commission would recess to the Planning & Zoning Conference Room to consider published business. The City Council took a brief recess and reconvened in the Council Chambers to consider published business. ITEM 10A. CITIZENS COMMENTS, ARAM AZADPOUR Mr. Aram Azadpour, P. O. Box 2644, complimented the City on the redesigned web site and spoke in opposition to the November 6, 2012 .bond proposition to expand the Community Activities Center. ITEM 10. APPROVE MEMORANDUM OF UNDERSTANDING, SWAT TEAM CONSOLIDATION AND CREATION Police Chief Eddie Salame requested approval of a Memorandum of Understanding between the City of Grapevine Police Department and the Police Departments from the Cities of Hurst, Euless, and Bedford for the consolidation of resources, manpower, and equipment to create the Northeast Tarrant County Area SWAT Team. Chief Salame stated the existence of a SWAT team to respond to critical incidents and to execute high risk warrants is a necessary part of protecting Grapevine's citizens, and that the City is fortunate that the team's use is infrequent. In an effort to reduce the expense and commitment required of each City,the cities of Hurst;Euless and Bedford have agreed to consolidate their SWAT teams and create the Northeast Tarrant County Area SWAT Team (NETCAST). He noted that each participating City will have nine team member positions and three negotiators. Council Member Spencer, seconded by Council Member Freed, offered a motion to approve the Memorandum of Understanding as recommended. The motion prevailed by the following vote.: Ayes: Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Absent: Tate ITEM 11. APPROVE VERIFIED CHARTER AMENDMENT PETITION RESULTS City Secretary Jodi Brown requested approval of the verification of the results of the Charter Amendment Petition that was submitted on September 17, 2012, by Kathleen 8 10/16/12 Thompson and Aram Azadpour, relative to term limits for Mayor and City Council Members. City Secretary Brown stated the City had contracted with the Tarrant County Elections Office to provide signature verification services on the 186 page petition since Tarrant County has the voter registration records and software that was used to aid in the petition verification process. Ms. Brown noted that 192 out of 1,772 signatures on the petition had been crossed out prior to submittal on September 17, resulting in 1,580 signatures to be verified. On October 1, Tarrant County Elections Office submitted the verification findings and certified the findings as follows: Total Signatures Verified 1,580 Signatures Accepted 1,499 Signatures Rejected 81 With the petition signatures being verified and containing more than the 1,172 minimum signatures required, the Charter Amendment Petition is considered valid, therefore, requiring the City Council to conduct a special Charter Amendment Election on the next uniform election date of May 11, 2013. Council Member Freed, seconded by Council Member Coy,offered a motion accepting the verification results of the Charter Amendment Petition. Ayes: Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Absent: Tate CONSENT AGENDA The next order of business forthe City Council was to considerthe consent agenda items, which were deemed to need little or no discussion and were acted upon as one business item. Mayor Pro Tern Wilbanks 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 12. Authorize Joint Election Services Contract City Secretary recommended approval of a joint election services contract with Tarrant County for an estimated cost of $32,905.00 to provide election services for the November 6, 2012 Special Bond Election. Motion by Council Member Stewart, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: 9 10/16/12 Ayes: Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Absent: Tate Item 13. Renew Geographic Information Software Maintenance Agreement Information Technology Director recommended approving the renewal of a maintenance agreement for geographic information software with ESRI, Inc. in the amount of $35,000.00. Motion by Council Member Stewart, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Absent: Tate Item 14. Renew Managed Data Storage Services Annual Contract City Manager recommended approving the renewal of an annual contract for managed data storage services with One Safe Place Media Corporation in the amount of $42,000.00. Motion by Council Member Stewart, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Absent: Tate Item 15. Renew Pavement Stabilization Annual Contract Public Works Director recommended approving the renewal of an annual contract for pavement stabilization with Nortex Concrete Lift and Stabilization, Inc. in the budgeted amount of $100,000.00 through an existing Interlocal Agreement with the City of Grand Prairie. Motion by Council Member Stewart, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Absent: Tate Item 16. Renew Protective Clothing Annual Contract 10 10/16/12 Fire Chief recommended approving the renewal of an annual contract for the purchase of various types of protective clothing (bunker gear) from Casco Industries, Inc. in the budgeted amount of $21,000.00 through an Interlocal Agreement with the City of North Richland Hills. Motion by Council Member Stewart, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Absent: Tate Item 17. Appointment to the Planning & Zoning Commission Council Member Darlene Freed recommended approving the appointment of Dennis Luers, as an alternate member, to the Planning & Zoning Commission to fill the unexpired one- year term of resigning Alternate Member Wayne Szot. Term to expire in 2013. Motion by Council Member Stewart, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Wilbanks, Spencer, Stewart, Freed, Lease &'Coy Nays: None Absent: Tate Item 18. Consideration of Minutes City Secretary recommended approval of the minutes of the September 18 and October 2, 2012 City Council meetings as published. Motion by Council Member Stewart, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Wilbanks, Spencer, Stewart, Freed, Lease &,Coy Nays: None Absent: Tate RECESS AND RECONVENE Mayor Pro Tem Wilbanks announced that the City Council would take a brief recess. All members of the City Council that were present prior to the break reconvened in the Chambers. ITEM 19. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z12-09 VINEYARD CREEK ESTATES 11 10/16/12 Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Zoning Application Z12-09 filed by Contrast Development (Vineyard Creek Estates) with the exception of Lots 4-7, Block 1 which were tabled to November 20th to allow the developer time to work out concerns with the adjacent neighborhood, or to develop deed restrictions for consideration similar to the adjacent neighborhood (Crestwood Hollow). The application requested rezoning of 18.864 acres from "PCD" Planned Commerce Development District to "R-5.0" Zero Lot Line District Regulations for the development of 53 single family lots. The subject property is located at 2011 Hall-Johnson Road. Council Member Freed, seconded by Council Member Spencer,offered a motion to accept the Commission's recommendation with the conditions outlined and approve the first reading of the ordinance granting the rezoning. The motion prevailed by the following vote: Ayes: Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Absent: Tate ITEM 20. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT, LOTS 1-25, BLOCK 1, LOTS 1-28, BLOCK 2 AND TRACTS 1_AND 2, VINEYARD CREEK ESTATES Chairman Oliver reported the Planning & Zoning Commission voted 7-0 to deny the Statement of Findings and the preliminary plat of Lots 1-25, Block 1, Lots 1-28, Block 2, and Tracts 1 and 2, Vineyard Creek Estates. Council Member Coy, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation for denial of the Statement of Findings and the preliminary plat of Lots 1-25, Block 1, Lots 1-28, Block 2, and Tracts 1 and 2, Vineyard Creek Estates. The motion prevailed by the following vote: Ayes: Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Absent: Tate ITEM 21. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z12-12 WEST WALL STREET Chairman Oliver reported the Planning & Zoning Commission voted 6-0-1 for approval of Zoning Application Z12-12 filed by Shamrock Ventures Property Development Inc. (West Wall Street) requesting rezoning of 0.725 acres from "PO" Professional Office District Regulations to "R-7.5" Single Family District Regulations for the development of two residential lots. The subject property is located at 1331 West Wall Street. Council Member Freed, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the first reading of the ordinance granting the rezoning. The motion prevailed by the following vote: 12 10/16/12 Ayes: Wilbanks, Spencer, Stewart, Freed & Coy Nays: None Abstain: Lease Absent: Tate ITEM 22. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT LOTS 1-3 BLOCK 1 SHAMROCK VENTURES ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 6-0-1 for approval of the Statement of Findings and the preliminary plat of Lots 1-3, Block 1,Shamrock Ventures Addition. The 2.256 acres is being platted for the development of two residential lots with the existing professional office building remaining on Lot 3. The subject property is located at the intersection of Pebble Brook Drive and Wall Street. 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 preliminary plat of Lots 1-3, Block 1, Shamrock Ventures Addition. The motion prevailed by the following vote: Ayes: Wilbanks, Spencer, Stewart, Freed & Coy Nays: None Abstain: Lease Absent: Tate ITEM 23. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU12-21 7-ELEVEN Chairman Oliver reported the Planning & Zoning Commission voted 4-3 for approval with the following conditions: the entire site is the premise; hours of operation are 5 a.m. to 2 a.m.;during festivals the store shall operate same hours as festival and during festivals no sales of alcoholic beverages shall be allowed. Conditional Use Application CU12-21 was filed by 7-Eleven requesting a conditional use permit to amend the site plan approved by Ordinance No. 2012-10, as amended, for the possession, storage, retail sale and off- premise consumption of alcoholic beverages (beer and wine only) in conjunction with a convenience store. The subject property is located at 520 South Main Street#202 and is zoned "CBD" Central Business 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: Wilbanks, Spencer, Stewart, Freed & Coy Nays: Lease Absent: Tate 13 10/16/12 ORDINANCE NO. 2012-54 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE,TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU12-21 FOR THE POSSESSION, STORAGE, RETAIL SALE AND OFF- PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER AND WINE ONLY) IN CONJUNCTION WITH A CONVENIENCE STORE IN A DISTRICT ZONED "CBD" CENTRAL BUSINESS DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 24. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU12-38 SOUTHWEST BANK Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU12-38 fled by BDI Engineering (Southwest Bank)granting a conditional use permit for a drive through banking facility. The subject property is located at 2050 Hall-Johnson Road and is zoned "CC" Community Commercial District Regulations. Council Member Spencer, 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: Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Absent: Tate 14 10/16/12 ORDINANCE NO. 2012-55 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 CU12-38 FOR A BANK 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 PRELIMINARY PLAT, LOT 1, BLOCK 1, SWB ADDITION 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, SWB Addition for the development of a bank. The subject property is located at the northeast corner of State Highway 121 and Hall-Johnson Road. 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 preliminary plat of Lot 1, Block 1, SWB Addition. The motion prevailed by the following vote: Ayes: Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Absent: Tate ITEM 26. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT, LOT 1, BLOCK 1, SWB ADDITION 15 10/16/12 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, SWB Addition for the development of a bank. The 1.35 acre property is located at 2050 Hall-Johnson Road and is zoned "CC" Community Commercial District Regulations. 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 final plat of Lot 1, Block 1, SWB Addition. The motion prevailed by the following vote: Ayes: Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Absent: Tate ITEM 27. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU12-39 ANIMAL EMERGENCY OF NORTH TEXAS Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU12-39 filed by Homeyer Engineering Inc. (Animal Emergency of North Texas) granting a conditional use permit to amend the site plan approved by Ordinance No. 2007-17 for expansion of an existing veterinary hospital and to allow associated overnight stays. The subject property is located at 2700 West State Highway 114 and is zoned "CC" Community Commercial District Regulations. Council Member Lease, seconded by Council Member Spencer,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: Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Absent: Tate ORDINANCE NO. 2012-56 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 CU12-39 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2007-17 FOR A VETERINARY HOSPITAL WITH OVERNIGHT STAYS 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 16 10/16/12 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 28. PLANNING & ZONING COMMISSION RECOMMENDATION AMENDED FINAL PLAT LOT 3R BLOCK 2R WESTGATE PLAZA Chairman Oliver reported the Planning &Zoning Commission voted 7-0 for approval of the Statement of Findings and the amended final plat of Lot 3R, Block 2R, Westgate Plaza, being an amended plat of Lots 3 and 4, Block 2R, Westgate Plaza. The 3.15 acre site is located at 2700 West State Highway 114 and is being platted into one lot to build a larger parking lot. 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 amended final plat of Lot 3R, Block 2R, Westgate Plaza. The motion prevailed by the following vote: Ayes: Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Absent: Tate ITEM 29. PLANNING & ZONING COMMISSION RECOMMENDATION HISTORIC LANDMARK SUBDISTRICT HL12-04 JOE TEAKELL/GIDEON HOUSE Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Historic Landmark Subdistrict HL12-04 filed by Joe Teakell for property located at 708 East Worth Street requesting designation as a historic landmark subdistrict for the Gideon House. The subject property is zoned "R-7.5" Single Family District Regulations. Council Member Freed, seconded by Council Member Stewart, 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: Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Absent: Tate 17 10/16/12 ORDINANCE NO. 2012-57 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, DESIGNATING A HISTORIC LANDMARK SUBDISTICT HL12-04 IN ACCORDANCE WITH SECTION 39 OF ORDINANCE NO. 82-73 (APPENDIX"D"OF THE CODE OF ORDINANCES), DESIGNATING THE AREA LEGALLY DESCRIBED AS LOT 9, BLOCK 107, COLLEGE HEIGHTS ADDITION, ESTHER MOORE SURVEY, ABSTRACT NO. 1029 AND MORE SPECIFICALLY DESCRIBED HEREIN, IN A DISTRICT ZONED "R-7.5" SINGLE FAMILY DISTRICT REGULATIONS; PROVIDING FOR THE ADOPTION OF THE GIDEON HOUSE 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 30. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 17 BLOCK 1 SHAMROCK SHORES ESTATES Chairman Oliver reported the Planning&Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 17, Block 1, Shamrock Shores Estates for the development of one residential lot. The 1.694 acre property is located north of Killarney Street and is zoned "R-7.5" Single Family District Regulations. Council Member Stewart, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 17, Block 1, Shamrock Shores Estates. The motion prevailed by the following vote: Ayes: Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Absent: Tate 18 10/1 6/12 ADJOURNMENT Council Member Lease, seconded by Council Member Coy,offered a motion to adjourn the meeting at 11:05 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 6th day of November, 2012. APPROVED: William D. Tate Mayor ATTEST: Jodi C. Brown City Secretary 19