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HomeMy WebLinkAboutItem 06 - Minutes ITEM 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 19th day of January, 2010 at 6:45 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 Matthew Boyle Assistant 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) 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 Tate asked if there was any action necessary relative to the closed session. City Manager Bruno Rumbelow stated there was no action necessary relative to conference with City Manager and Staff under Section 551.087, Texas Government Code. NOTE: City. Council continued with the Regular City Council meeting in open session in the City Council Chambers. 01/19/10 ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 10:20 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 2nd day of February, 2010. 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 19th day of January, 2010 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 Mark Lowery Member Monica Hotelling Member Gary Martin Member Wayne Szot Alternate Elaine Martin Alternate constituting a quorum,with Commissioner Jim Fechter absent,with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager Matthew Boyle Assistant City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:38 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Fry delivered the Invocation and led the Pledge of Allegiance. 01/19/10 ITEM 1. INTRODUCTION, ONCOR'S AREA MANAGER CUSTOMER OPERATIONS On'cor's Fort Worth Regional Manager, Steve Taylor, introduced Ms. Suzan Greene,Area Manager Customer Operations,who will be the City of Grapevine's new contact with Oncor Electric Delivery. ITEM 2. PRESENTATION, TARRANT COUNTY PUBLIC HEALTH DEPARTMENT Development Services Director Scott Williams reported that the City has an interlocal agreement with Tarrant County Public Health Department for food service establishments, public swimming pool and day care health regulation. He then introduced Mr. David Jefferson, Environmental Manager, Tarrant County Public Health. Mr. Jefferson reviewed the services Tarrant County provides including routine periodic inspections of existing facilities and Sites. The department is also involved in the design and construction process for new establishments helping to prevent problems prior to the construction phase. They also provide periodic inspections throughout construction of new projects. Mr. Jefferson reviewed the various public health programs provided by the Public Health Department. ITEM 3: . . PRESENTATION, NORTHGATE CONSTRUCTORS, DFW CONNECTOR Director of Transportation Projects Jerry Hodge introduced representatives from NorthGate Constructors to provide an update regarding the DFW Connector Project. Ms. Selma Stockstil, Public Information Officer,for NorthGate Constructors, addressed the Council noting that the main goal of NorthGate Constructors during the DFW Connector Project is to be sure that the public is well informed before and during the construction process. Information will be provided on www.dfwconnector.com and an information hotline 1-877-411-4212. Mr. Mark Rothwell, MOT Manager for NorthGate Constructors, presented an overview of the DFW Connector Project and Phase 1A that begins on the east end of the project in early 2010 with the west end of the project beginning in mid to late 2010. Phase 1A duration is projected to last approximately 550 days and the major items of work include right of way acquisition, utilities, paving detour, paving bond breaker,drainage and grading. ITEM 4. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU09-46 YUM YUM YOGURT Mayor Tate declared the public hearing open. Planning & Development Manager Ron Stombaugh stated that Conditional Use Application CU09-46 had been filed by Yum Yum Yogurt requesting a conditional use permit for a yogurt restaurant on property located at 603 South Main Street, Suites 302 and 303, and zoned "CBD" Central Business District. The applicant proposes a 1,290 square foot, 25 seat, self serve frozen yogurt restaurant within two suites of the Westwood Centre development. The expected hours of operation for the yogurt restaurant are from 11:00 2 01/19/10 a.m. to 10:00 p.m. The total of 81 available parking spaces on site will adequately serve the proposed use. Ms. Cassie Uptmore 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 Fry, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Lowery, Hotelling, G. Martin & E. Martin Nays: None Absent: Pechter Council Member Coy, 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, tease & Coy Nays: None ITEM 5. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU09-47 FINAL PLAT, LOTS 1 R-1 AND 1 R-2, DFW INDUSTRIAL PARK,_PHASE 111, REPLAY OF LOT 1 DFW INDUSTRIAL PARK PHASE III Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that DFW Industrial Park representatives had filed Conditional Use Application CU09-47 and application forthe final plat of Lots 1 R-1 and 1 R-2, DFW Industrial Park, Phase I I I being a replat of Lot 1 DFW Industrial Park, Phase III. The conditional use application requests a conditional use permit to establish a planned industrial park on property located at 1702 and 1712 Minters Chapel Road. The subject property is zoned "LI" Light Industrial District. The applicant proposes to subdivide an existing lot with two industrial/warehouse structures into two lots to sale the southernmost lot(1712 Minters Chapel Road). Since the property is developed, a planned industrial park must be established allowing interior landscaping and building setback requirements along the common property line between the two newly established lots. To meet the open space, impervious area, front and rear yard setback requirements the application must go before the Board of Zoning Adjustment on February 1. Mr. Eugene Middleton requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. 3 01/19/10 Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner G. Martin, seconded by Commissioner Wilson,offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Lowery, Hotelling, G. Martin & E. Martin Nays: None Absent: Fechter Council Member Stewart, seconded by Council Member Freed, 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, FINAL PLAT, LOTS 1, 2 AND.3, BLOCK 1, MiLLICAN PLACE. ADDITION REPLAT OF A PORTION OF LOT 2 BLOCK 38 ORIGINAL TOWN OF GRAPEVINE Mayor Tate declared the public hearing open. Deputy Director of Public Works Stan Laster reported that the application for the final plat of Lots 1, 2 and 3, Block 1, Millican Place Addition being a replat of a portion of Lot 2, Block 38, Original Town of Grapevine was filed by Avery Homes. The subject property is located at 405 East Texas Street and is zoned "R-7.5" Single Family Residential District. The property is being platted to build single family residences. Mr. Laster reported a public hearing will be held relative to an appeal filed regarding Certificate of Appropriateness ACA09-57 relative to the subject property. The Council will not be able to act on the final plat until a decision has been made relative to the filed appeal. Mr. Jeff Avery 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 for the application in their packets. Commissioner Hotelling, seconded by Commissioner E. Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: 4 01/19/10 Ayes: Oliver, Fry, Wilson, Lowery, Hotelling, G. Martin & E. Martin Nays: None Absent: Fechter Mayor Pro Tom Wilbanks, 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 7. PUBLIC HEARING PROPOSED AMENDMENTS GRAPEVINE CODE OF ORDINANCES APPENDIX"D" COMPREHENSIVE ZONING ORDINANCE NO. 82-73, AS AMENDED, SECTION 43_NONCONFORMING USES AND STRUCTURES Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reviewed the proposed amendments to the Grapevine Code of Ordinances, Appendix"D", Comprehensive Zoning Ordinance No. 82- 73, as amended, Section 43 Nonconforming Uses and Structures relative to right-of-way acquisition by a Governmental Agency. Due to significant right of way acquisition for the U W Connector Project, TxDOT has requested that an ordinance be adopted to incorporate the previous administrative policy of exempting propertyth'at has been affected by right of way acquisition from meeting the required setback. The ordinance incorporates the previous policy by exempting property that has been affected by right of way acquisition to the extent that the violation is caused by the acquisition. The exemption would not apply in the case of a subsequent zoning change initiated by the property owner, but a City initiated zoning change would not affect the exemption. 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 Lowery, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Lowery, Hotelling, G. Martin & E. Martin Nays: None Absent: Fechter Council Member Lease, 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 5 01/19/10 RECESS AND RECONVENE Mayor Tate announced the Planning&Zoning Commission would recess to the Planning& Zoning Conference Room to consider published business. Mayor Tate announced the City Council would take a brief recess. Upon reconvening in the City Council Chambers, all member of the Council were present. ITEM 8. PUBLIC HEARING,APPEAL TO CERTIFICATE OF APPROPRIATENESS #CA09-57, 405 EAST TEXAS STREET City Manager Bruno Rumbelow stated the City Council would conduct a public hearing relative to an appeal to Certificate of Appropriateness#CA09-57 relative to 405 East Texas Street as governed by the Grapevine Code of Ordinances, Appendix"G", Section 13. He noted that on November 18, 2009 the Historic Preservation Commission approved a Certificate of Appropriateness for a request for Mary Fuller by her niece Vincent Bradford to replat the 0.94 acre Millican property located at 405 E. Texas Street into three single-family lots. At that meeting, the HPC approved the request as follows: 1. Replat the existing 0.94 acre property into three separate single-family lots with R- 7.5 zoning. 2. Move or remove the existing outbuilding so that two new single-family dwellings can be constructed. (This request was modified by the HPC to require that the materials from the barn be used to build an accessory structure on the existing property with the original house.) 3. Remodel existing main residence at a future date under a separate Certificate of Appropriateness application. After that meeting, Mr. Vick Cox, 418 E. Texas Street filed an appeal to the decision of the Commission as allowed by Section 13 of Appendix G of the Grapevine Code of Ordinances. Mayor Tate declared the public hearing open. Historic Preservation Officer/Township Coordinator David Klempin presented Certificate of Appropriateness#CA09-57 application that was submitted on behalf of the property owner, Ms. Mary Fuller, by her niece Ms.Vincent Bradford (10001 Big Geronimo Street, San Antonio,Texas)to replat the historic 0.94 acre Millican property, located at 405 East Texas Street into three single-family lots. In order to create three lots,three outbuildings would be removed including: a wooden shed; a two-room cottage; and, most importantly,the historic Millican barn that was enlarged in 1959 with building materials from the original Millican Blacksmith Shop c. 1909. The historic Millican home, built in 1935 bythe owner's parents, William and Helen Millican, as their family home, would remain standing on one of the three lots. Presently all of the structures are protected from demolition by Historic Landmark Overlay HL01-04 of Grapevine's Preservation Ordinance. 6 01/19/10 Mr. Klempin reported a that a letter of hardship, dated October 21, 2009, was received from Ms. Bradford indicating that her aunt, Ms. Fuller, needed to sell the property to pay the back taxes on the property and to the IRS. The property had been offered for sale for 850 days at an original listing price of$999,999.99 and received only one offer.The offer to purchase the property is contingent on being able to divide the property into three lots.The potential buyer indicated that the placement of a new home on the property would be hindered, if not impossible, due to the locations of the outbuildings. The owner is requesting, on a hardship basis, that the Historic Preservation Commission waive the landmark designation on the outbuildings and allow for their removal, and for the division of the property into three separate lots. Mr. Klempin stated that Staff had recommended denial of Certificate of Appropriateness #CA09-57 for the removal of the historic Millican barn and outbuildings and the subdivision of the property into three lots. He reported the first to approve the application as requested was denied by a vote of 3-4,the second motion to deny the application as recommended did not receive a second; and then the Historic Preservation Commission voted 4-1-2 to approve the application as written with the condition that the materials from the barn be used to build an accessory structure on the existing property with the original house. Ms. Vincent Bradford representing Ms. Mary Fuller reviewed the Certificate of Appropriateness application thatwas submitted to the Historic Preservation Commission. She reviewed the financial hardship appeal and noted the barriers to selling the property: cost, historic preservation barrier and financing for potential buyers. It was Ms: Bradford's opinion that only the residence was historically landmarked, not the entire property. She asked that Mr. Jeff Avery, the potential buyer, be permitted to complete her presentation for approval of the Certificate of Appropriateness. Mr. Jeff Avery began his comments reiterating the previous comments by Ms. Bradford. Mayor Tate questioned whether he had elevations for the proposed single family residences and Mr. Avery responded that he did not. Mayor Tate questioned the City Attorney as to whether the landmark overlay was applicable to the entire parcel. Assistant City Attorney Matthew Boyle responded that the landmark designation was applicable to the entirety of the addressed parcel and that any new construction would be subject to receipt of a Certificate of Appropriateness prior to issuance of a building permit. Mayor Tate then asked that the following materials be accepted into evidence at this public hearing: Historic Preservation Commission November 18, 2009 agenda packet; the letter from the appellant; revised Historic Preservation Commission draft minutes from November 18, 2009; and the support materials presented by applicant. Historic Preservation Commission Chairman Burl Gilliam reviewed the Historic Preservation Commission's discussion and voting process during the November 18, 2009 meeting. He noted this was the first time an appeal had been filed as a result of the Commission's actions. 7 01/19/10 Mr. Vick Cox, 418 East Texas Street, presented his appeal to the approval of the Certificate of Appropriateness regarding 405 East Texas Street. He filed the appeal due to the complexity of the issues and his belief that the City Council should review the decision and make a final ruling. It was his opinion that the asking price for the property ($999,999.00)was too high for too long and that the property was being overlooked due to the high price. He stated that the subject property is the most unique piece remaining in the Township due to its size, as well as its tie to the past and the open farm-like setting provides a sense of history unlike any other east side property. Mayor Tate invited those present to speak for or against the Certificate of Appropriateness Application. The following expressed their support for the decision made by the Historic Preservation Commission relative to 405 East Texas Street: Mr. Mike Buick, 320 East Texas Street Mr. Mark Miller 3212 Rolling Hills Council Member Freed, 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 Mays: done Council Member Spencer questioned Director of Heritage Programs and Preservation Ross Bannister regarding the information provided on the Historic Landmark Designation Form for the property. Mr. Bannister reported that Ms. Susan Kline, a property research consultant for Heritage Programs and Preservation,who reviews historical records filed at the County Courthouse, provided the information from her research. There was also a written document by an aunt of Mary Fuller that provided information noting that the property had been used for in-town farming activities. Council Member Freed expressed her support of the Historic Preservation Commission ("Commission")during the meeting and that the process was handled properly. She stated the charge is given to the Commission to make decisions and she supports their decision. Council Member Freed offered a motion to accept the decision made by the Historic Preservation Commission. Mayor Pro Tem Wilbanks stated he was at the Commission's meeting as the Council liaison. He noted the motions were trying to develop a compromise as noted by the various motions. He stated that Chairman Gilliam did an outstanding job during the meeting and that everyone had an opportunity to speak. He stated the decision rendered was a valid one and the majority ruled. Council Member Lease stated the process was a good one and he complimented everyone for presenting the case in a professional manner. He commended Mr. Cox for his 8 01/19/10 commitment to historical preservation. Council Member Lease offered a second to Council Member Freed's motion. Mayor Tate stated that the Commission performed a good and thorough job. The Council charged the Commission members with making preservation decisions and it would be unfair to pass the authority back to the Council. Their decision should stand unless there is something grievously wrong, so that others will have confidence in the Commission's decisions in the future. Regarding 405 East Texas Street, if the Historic District rules and regulations were not in place, the property would be worth very little. Mayor Tate stated that the changes in the property should add to the Historic District and that it has to be a part of the Certificate of Appropriateness to know what is to be built on the property. He stated the elevations of the properties contribute to the Historic District and he hopes that the Commission holds the Fine to make sure those proposed residences meet the criteria. Assistant City Attorney Boyle requested clarification of the motion. Council Member Freed amended her motion, seconded by Council Member Lease, to accept the decision made by the Historic Preservation Commission and include the conditions and approvals that were made by the Historic Preservation. Commission. Council Member Coyexpressed his appreciation for the Commission's diligence in making a good decision. He thanked those making their presentations. Council Member Stewart noted his support for all of the statements made by Council and expressed his appreciation for everyone's presentations. Council Member Spencer thanked the Staff for their completeness in preparing the information. She noted the Commission has a difficult job and has to vote sometimes when they don't want to. The Commission's job is to always advocate first for Historic Preservation and that is it commendable this is the first appeal in 19 years. Mayor Tate called for a vote on the motion that was on the table. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None The following items were discussed after Item 20. ITEM 9. CHANGE ORDER NO. 3, EULESS GRAPEVINE/STONE MYERS PARKWAY CONSTRUCTION PROJECT 9 01/19/10 Deputy Director of Public Works Stan Laster requested approval of Change Order No. 3 to the Euless Grapevine/Stone Myers Parkway Construction Project in the amount of $381,140.29 and authorization for Staff to execute the change order. The change order addresses the following items- street light foundations and conduit; hand rails and sidewalks with handicap ramps. Motion by Mayor Pro Tern Wilbanks, seconded by Council Member Lease, to approve Change Order No. 3 to the Euless Grapevine/Stone Myers Parkway Construction Project in the amount of$381,140.29 prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 10. AUTHORIZE PURCHASE, AUTOMATED EMERGENCY EXHAUST SYSTEMS, FIRE DEPARTMENT Fire Chief Steve Bass requested approval of the purchase of automated emergency exhaust systems from Air Cleaning Technologies in the amount of $102,346.00 to be installed in various configurations at Fire Stations One through Five and the fire reserve building at the City Service Center. Diesel exhaust accumulation in the living quarters of fire stations has proven to cause many associated health problems for firefighters. Carcinogens such as Benzene and Carbon Monoxide are the byproducts of diesel exhaust and are the root of many respiratory diseases. Air Cleaning Technologies will provide a cost effective product that will meet the requirements of the exhaust system. Motion by Council Member Spencer, 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 11. Resolution Overhaul of Blower Assemblies Wastewater Treatment Plant Public Works Director recommended approval of a resolution awarding the overhaul of five blower assemblies at the Wastewater Treatment Plant to Air Mac, Inc. in the estimated amount of$29,400.00. Motion by Council Member Freed, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: 10 01/19/10 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2010-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO THE PURCHASE OF REPAIR OVERHAUL SERVICES AND PARTS TO THREE CENTRIFUGAL BLOWERS AND AUTHORIZING THE CITY MANAGER OR THE MANAGER'S DESIGNEE TO EXECUTE SAID DOCUMENTS AND PROVIDING AN EFFECTIVE DATE Item 12: Authorize Purchase, Security Monitoring Equipment and Annual Monitoring Services Contract, Grapevine Municipal Golf Course Administrative Services Director recommended approval of the purchase of security monitoring equipment and an annual contract for monitoring services from Guardian Services in the total amount of $19,852.54 for the Municipal Golf Course. 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 Item 13. . . . Authorize Purchase, Cisco Switches Assistant City Manager recommended approval of the purchase of Cisco Switches from H. Co. Computer Products, dba Think CP Tech through Schedule 70 of the Federal GSA Program in the total annual amount of$25,905.00. 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 Item 14. Authorize Purchase, Emergency Standby Generators and Switches for Lift Stations Public Works Director recommended approval of the purchase of emergency standby generators and switches from Facility Solutions Group in the total amount of$384,722.66 for the lift stations at Dove #1, Hilton, Dove #2, Minters Chapel and Hood Lane. 11 01/19/10 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 Item 15. Resolution, Setting Population Assistant City Manager recommended approval of a resolution setting the population at 49,878 as of December 31, 2009. 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. 2010-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING OFFICIAL THE FINDING AND DETERMINATION AS TO THE POPULATION AND NUMBER OF INHABITANTS OF AND WITHIN THE CITY OF GRAPEVINE, T ERAS, AS OF DECEMBER 31, 2009 AND PROVIDING AN EFFECTIVE DATE Item 16. Consideration of Minutes City Secretary recommended approval of the minutes of the January 5, 2010 City Council meetings as published. 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 The following items were discussed after Item #8. ITEM 17. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU09-46 YUM YUM YOGURT Planning & Development Manager Stombaugh reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU09-46 filed by Yum Yum Yogurt granting a conditional use permit for a yogurt restaurant. The subject property is located at 603 South Main Street, Suites 302 and 303, and is zoned "CBD" Central Business District. 12 01/19/10 Council Member Coy, 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: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2010-01 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 CU09-46 FOR A YOGURT RESTAURANT IN A DISTRICT ZONED "CBD" CENTRAL BUSINESS DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 18. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU09-47 DFW INDUSTRIAL PARK Planning & Development Manager Stombaugh reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU09-47 filed by DFW Industrial Park granting a conditional use permit to establish a planned industrial park on property located at 1702 and 1712 Minters Chapel Road. The subject property is zoned "LI" Light Industrial District. This will be the first reading of the ordinance as the applicant must appear before the Board of Zoning Adjustments on February 1, 2010 due to open space, impervious area and front and rear yard setback requirements. 13 01/19/10 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 conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 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 CU09-47 FORA PLANNED INDUSTRIAL PARK IN A DISTRICT ZONED"LI°LIGHT INDUSTRIAL DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER 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 10. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1, 2 AND 3, BLOCK 1, MILLICAN PLACE ADDITION Planning & Development Manager Stombaugh reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and final plat of Lots 1, 2 and 3, Block 1, Millican Place Addition. The subject property is located at 405 East Texas Street and is being platted to build single family residences. The property is zoned "R-7.5" Single Family Residential 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 final plat of Lots 1, 2 and 3, Block 2, Millican Place Addition. The motion prevailed by the following vote: 14 01/19/10 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 20. PLANNING &ZONING COMMISSION RECOMMENDATION AMENDMENTS, GRAPEVINE CODE OF ORDINANCES, APPENDIX,"D" COMPREHENSIVE ZONING ORDINANCE NO. 82-73, AS AMENDED, SECTION 43 NONCONFORMING USES AND STRUCTURES Planning & Development Manager Stombaugh reported the Planning & Zoning Commission voted 7-0 for approval of the proposed amendments to the Grapevine Code of Ordinances, Appendix "D", Comprehensive Zoning Ordinance No. 82-73, as amended, Section 43 Nonconforming Uses and Structures relative to right of way acquisition by a Governmental Agency. Council Member Freed,seconded by Mayor Pro Tern Wilbanks,offered a motion to accept the Commission's recommendation and approve the ordinance amending Appendix"D Section 43. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2010-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING APPENDIX D, ZONING, OF THE CODE OF ORDINANCES BY AMENDING SECTION 43, NONCONFORMING USES AND STRUCTURES, BY ADDING SECTION 43 1, RIGHT-OF-WAY ACQUISITION BY GOVERNMENTAL AGENCY, TO PROVIDE FOR AN EXEMPTION FROM AN ORDINANCE OR REGULATION WHERE VIOLATION OF SAID ORDINANCE OR REGULATION IS CAUSED BYACQUISITION OF RIGHT-017- WAY BY A GOVERNMENTAL AGENCY; PROVIDING A SEVERABILITY CLAUSE;AND PROVIDING AN EFFECTIVE DATE ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 10:20p.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 2nd day of February, 2010. 15 01/19/10 APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary 16