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HomeMy WebLinkAboutItem 17 - Minutes IT 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 12th day of March, 2010 at 12:00 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to-wit: William D. Tate Mayor C. Shane Wilbanks Mayor Pro Tem 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 12:06 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 City Council Conference Room, 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. ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the meeting at 1:38 p.m. The motion prevailed by the following vote: 03/12/10 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 6th day of April, 2010. APPROVED: William D. Tate Mayor ATTEST: Linda Huff 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 March 16, 2010 at 5:45 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 Tem Sharron Spencer Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant. City Manager John F. Boyle, Jr. City Attorney Matthew Boyle. Assistant City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 5:48 p.m. ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding: (A) real property relative.to deliberation of the exchange, lease or value of City owned properties pursuant to Section 551.072, Texas Government Code; (B) conference with City Manager and Staff to discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate or expand in the City, with which businesses the City is conducting economic development negotiations under Section 551.087, Texas Government Code. Upon reconvening in open session in the Council Chambers, Mayor Tate asked if there was any action necessary relative to the closed session. Under Section 551.072, City Manager Bruno Rumbelow recommended the City Council accept the lease offer from Titan Operating LLC and authorize the City Manager to execute the appropriate lease documents. 03/16/10 Mayor Pro Tern Wilbanks, seconded by Council Member Stewart,offered a motion that the Council accept the lease offer from Titan Operating LLC. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Under Section 551.087, City Manager Rumbelow recommended the City Council authorize an economic development grant to Grapevine Mills LP in an amount not to exceed $1,000;000 subject to approval of the TIF No. 1 Board of Directors and an economic development agreement. Council Member Freed, seconded by Council Member Lease, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes: Tate, Wilbanks; Spencer, Stewart; Freed, Lease & Coy Nays: None NOTE. City Council continued with the Regular City Council meeting in open session in the City Council Chambers. ADJOURNMENT Council Member Coy, seconded by Council Member Lease,offered a motion to adjourn the meeting at 9:21 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 6th day of April, 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 16th day of March, 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 Monica Hotelling Member Jim Fechter Member Gary Martin Member Wayne Szot Alternate Elaine Martin Alternate constituting a quorum with Commissioner Mark Lowery absent, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:45 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Martin delivered the Invocation and led the Pledge of Allegiance. 03/16/10 ITEM 1. PRESENTATION, GRAPEVINE BLACKSMITH DAY PROCLAMATION Mayor Tate presented Blacksmith Bill Stoddard with a proclamation declaring March 20, 2010 as Grapevine Blacksmith Day and invited citizens to join in the re-opening of the Grapevine Blacksmith Shop to promote the preservation, restoration and appreciation of Grapevine's traditions and heritage. ITEM 2. PUBLIC HEARING CONDITIONAL USE APPLICATION CU09-48 DINO'S STEAK AND CLAW HOUSE Mayor Tate declared the public hearing open. Planning & Development Manager Ron Stombaugh reported that Conditional Use Application CU09-48 had been filed by Dino's Steak and Claw House requesting a conditional use permit to amend the site plan approved by Ordinance No. 20.08-15 for outside dining in conjunction with a restaurant. The Subject property is located at 342 South Main Street. and is zoned "CBD" Central Business District. The applicant plans a 670-square foot outdoor dining area adjacent to the front of the restaurant with seating for 24 patrons. At hree-foot wrought iron fence will separate the seating and sidewalk. Total indoor/ outdoor seating will accommodate 96 patrons. Parking is available west of the subject site within a parking lot available to patrons and visitors to the downtown area. Mr. Joe Gregory requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak. City Secretary Huff reported the Council and Commission had been copied the one letter of support. . Commissioner Wilson, seconded by Commissioner Fechter, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Martin & Szot Nays: None Absent: Lowery 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 3. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU10-02 PALIO'S PIZZA CAFE 2 03/16/10 Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Conditional Use Application CU10-02 had been filed by Palio's Pizza Caf.6 requesting a conditional use permit to amend the site plan approved by Ordinance No. 2007-58 for outside dining in conjunction with a restaurant with outdoor speakers. The subject property is located at 1000 Texan Trail#100 and is zoned "CC" Community Commercial District Regulations. The applicant proposes a 16-seat covered, outdoor patio dining area adjacent to the west side of the building with four outdoor speakers. A three-foot stone and wrought iron fence will provide separation from the seating and vehicle use area. The subject site has adequate parking. Mr. Joseph Schneider requested favorable consideration of the application. Council questioned the need for the outdoor speakers. Mr. Schneider responded they would be used only for background music. 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 Szot, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry,Wilson, Hotelling, Fechter, Martin & Szot Nays: None Absent:. Lowery 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 ITEM 4. PUBLIC HEARING FINAL PLAT LOT 1 R BLOCK 1 R FIRST NATIONAL BANK ADDITION Mayor Tate declared the public hearing open. Senior Civil Engineer Scott Dyer reported that the application for the final plat of Lot 1 R, Block 1 R, First National Bank Addition being a replat of a portion of Lot 1, Block 1, First National Bank Addition had been filed by Ball Street Joint Venture. The subject property is zoned "HC" Highway Commercial District and is located at 1400 South Main Street. The 3.632 acre site is being platted to reduce the lot size and adjust the west property line to the east. There were no questions from the City Council or the Planning & Zoning Commission. 3 03/16/10 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 Fechter,offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Martin & Szot Nays: None Absent: Lowery Mayor Pro Tern Wilbanks, seconded by Council Member Stewart,offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 5. PUBLIC HEARING FINAL PLAT LOT 1R2, BLOCK 1 R PAYTON-WRIGHT ADDITION, REPLAT OF A PORTION OF LOT_1 R, BLOCK 1 R, PAYTO N- W RIGHT ADDITION AND A PORTION OF LOT 1, BLOCK 1, FIRST NATIONAL BANK ADDITION Mayor Tate declared the public hearing open. Senior Civil Engineer Dyer reported that the application for the final plat of Lot 1 R2; Block 1 R, Payton--Wright Addition being a replat of a portion of Lot 1 R, Block.1 R, Payton-Wright Addition and a portion of Lot 1, Block 1, First National Bank Addition had been filed by Ball Street Joint.Venture. The subject property is zoned "HC Highway Commercial District and is located at 440 West State Highway 114. The 6.981 acre property is being platted to adjust east and west property lines to the.east.. 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, Wilson, Hotelling, Fechter, Martin & Szot Nays: None Absent: Lowery Council Member Stewart, seconded by Council Member Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: 4 03/16/10 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 6. PUBLIC . HEARIING CONDITIONAL USE APPLICATION CU10-03 PAPPADEAUX SEAFOOD KITCHEN FINAL PLAT, LOT 6, BLOCK 1, HAYLEY ADDITION, REPLAT OF LOT 5RB2B BLOCK 1, HAY_LEY ADDITION AND A PORTION OF LOT 1R1, BLOCK 1 R, PAYTON-WRIGHT ADDITION Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Conditional Use Application CU10-03 and the application for the final plat of Lot 6, Block 1, Hayley Addition being a replat of Lot 5RB2B, Block 1, Hayley Addition and a portion of Lot 1 R1, Blockl R, Payton- Wright Addition had been filed by Pappas Restaurants, Inc. The conditional use permit requests a permit to amend the site plan approved by Ordinance No. 97-107 for the possession, storage,retail sale and on-premise consumption of alcoholic beverages(beer, wine and mixed beverages), outside dining, and a 40 foot pole sign in conjunction with a restaurant (Pappadeaux Seafood Kitchen). The subject property is located at 600 West State Highway 114 and is zoned "HC" Highway Commercial District. The applicant proposes a 10,565 square foot restaurant with total seating for 442 including 45 outside patio seats. The site is the former Tia's Tex-Mex Restaurant that will be demolished to accommodate the larger restaurant and increased parking area. Approximately one acre of additional property will be added to the site from the adjacent former Payton-Wright Ford site to the east. Total parking required is 167 spaces with 220 being provided. A new 40- foot pole sign with changeable copy is also proposed. Mr. Dave Richards requested favorable consideration of the applications. 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 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, Martin & Szot Nays: None Absent: Lowery 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, Lease & Coy Nays: None 5 03/16/10 ITEM 7. PUBLIC HEARING, FINAL PLAT, LOT 2R, BLOCK 1, HAYLEY ADDITION, REPLAT OF LOTS 2, 3R-1 AND 3R-2, BLOCK 1, HAYLEY ADDITION Mayor Tate declared the public hearing open. Senior Civil Engineer Dyer reported that the application for the final plat of Lot 2R, Block 1, Hayley Addition being a replat of Lots 2, 3R-1 and 3R-2, Block 1, Hayley Addition had been filed by Ball Street Joint Venture. The subject property is zoned "HC"Highway Commercial District and is located at 1401 William D. Tate Avenue. The 2.384 acre site contains three lots that are being platted into one lot. 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 Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Martin & Szot Nays: None Absent Lowery Mayor Pro Tem.. Wilbanks,seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following voter Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 8. PUBLIC . HEARING SPECIAL USE APPLICATION_SU10-01 CLEAR WIRELESS LLC Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh recommended that Special Use Application SU10-01 be tabled to the April 20, 2010 meeting. The application was filed by Clear Wireless LLC requesting a special use permit to establish a 49 square foot ground lease and the collocation of three cellular antennas and four microwave dishes on property located at 1900 Minters Chapel Road. The subject property is zoned "LI" Light Industrial District. Commissioner Fechter, seconded by Commissioner Wilson, offered a motion to table the public hearing to the April 20, 2010 meeting. The motion prevailed by the following vote: 6 03/16/10 Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Martin & Szot Nays: None Absent: Lowery Council Member Stewart, seconded by Council Member Lease, offered a motion to table the public hearing to the April 20, 2010 meeting. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Mayor Tate announced there would be no additional notice to adjacent property owners. ITEM 9. PUBLIC HEARING HISTORIC LANDMARK SUBDISTRICT DESIGNATION HL10-03 DON GERSCHICK FINAL PLAT LOT 24R BLOCK 1 ORIGINAL TOWN OF GRAPEVINE REPLAT OF LOTS 23 AND 24; BLOCK 1, ORIGINAL TOWN OF GRAPEVINE Mayor Tate declared the public hearing open. Planning& Development Manager Stombaugh reported that Historic Landmark Subdistrict designation HL10-03 and the application for the final plat of Lot 24R, Block 1, Original Town of Grapevine being a replat of Lots 23 and 24, Block 1, Original Town of Grapevine had been filed by Mr. Don Gerschick. The application requests a Historic Landmark Subdistrict designation on property located at 316 Barton Street. The subject property is zoned "CBD" Central Business District. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Wilson, seconded by Commissioner Fechter, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Martin & Szot Nays: None Absent: Lowery Council Member Lease, 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 7 03/16/10 Note: Mayor Tate announced that the Planning &Zoning Commission would remain in the City Council Chambers during Item 10 public hearing for the discussion regarding the proposed amendments to Chapter 12 Oil and Gas Well Drilling. ITEM 10." PUBLIC HEARING, AMENDMENTS TO CHAPTER 12 HEALTH AND SANITATION, ARTICLE VII; OIL AND GAS WELL DRILLING Mayor Tate declared the public hearing open. Development Services Director Scott Williams reviewed the proposed amendments to the Grapevine Code of Ordinances, Chapter 12 Health and Sanitation,Article VI I, Oil and Gas Well Drilling. The proposed amendments provide maximum time periods forthe required installation of screening walls and landscaping and removal of the frac pond. There are provisions in the proposed amendments that allow delays of these requirements if wells are being continuously drilled. The amendments also require the screening fence be raised from a minimum of six feet to eight feet in height and that it be constructed of masonry. The proposed amendments to Chapter 12-144, Site Plan requirements, make it clear that all of the submittals contained in the drilling ordinance are part of the required Special Use Permit submittal. Section 12-150 has been modified to provide additional notification requirements to the City. Mayor Tate invited guests to comment regarding the proposed amendments. Ms. Lynda Gearheart, representing Chesapeake Energy, presented Chesapeake's concerns regarding the proposed amendments. She noted the challenges of the proposed amendments as safety and security concerns, aesthetical situations, flexible timing and that one solution does not fit all situations. She requested that the City table the ordinance until all solutions and goals can be clarified for the mutual benefit of both the City and Chesapeake. Council discussion ensued that the City's goals for oil and gas well drilling has been made clear and that all applicants know what is required for submittal of an application to the City of Grapevine. Motion by Mayor Pro Tern Wilbanks, seconded by Council Member Spencer, to close the public hearing prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Motion by Council Member Coy, seconded by Council Member Spencer, to approve the ordinance as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 8 03/10/10 ORDINANCE NO. 2010-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS,AMENDING THE GRAPEVINE CODE OF ORDINANCES CHAPTER 12 HEALTH AND SANITATION, ARTICLE VII, OIL AND GAS WELL DRILLING, REPEALING CONFLICTING ORDINANCES PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE 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 11_ RESOLUTION. EXTEND 2011 MAIN STREET OUTDOOR ADVENTURE FESTIVAL Convention & Visitors Bureau Director P. W. McCallum recommended approval of a resolution extending the 2011 Main Street Outdoor Adventure Festival.f0 four days. The expansion of Main Street Outdoor Adventure hours to a permanent four-day festival starting in 2011 and the extension of hours was presented to the Convention & Visitors Bureau Board of Directors and unanimously recommended to forward to the City Council for approval. Motion by Council Member Spencer, seconded by Council Member Coy, to approve the resolution as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2010-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS ENDORSING THE EXTENSION OF THE MAIN STREET OUTDOOR ADVENTURE FESTIVAL TO A FOUR-DAY FESTIVAL, THURSDAY THROUGH SUNDAY AND PROVIDING AN EFFECTIVE DATE 9 03/16/10 ITEM 12. RESOLUTION, AUTHORIZE MASTER UTILITY ADJUSTMENT AGREEMENT, NORTHGATE CONSTRUCTORS Public Works Deputy Director Stan Laster recommended approval of a resolution authorizing a Master Utility Adjustment Agreement with NorthGate Constructors in an amount not to exceed $1,819,646.80 for the necessary relocation and adjustment of City Water and wastewater facilities due to the DFW Connector construction. The agreement would streamline the design and construction process by taking advantage of NorthGate's large engineering staff on site and subcontractors under contract to quickly adapt to an evolving schedule. The City reserves the right to review all plans and can impose restrictions on the work schedule to protect the City's interests during peak use times of the year. Utility Adjustment Agreement Amendments (UAAA)will be approved by Staff as the construction components are designed and are ready for construction. Cumulative Staff approval of UAAA's will not exceed the cost estimate established in this Master Agreement without City Council approval. Motion by Council Member Coy, seconded by Council Member Lease, to approve the resolution as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2010-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS APPROVING A MASTER UTILITY ADJUSTMENT AGREEMENT,AUTHORIZING ASSOCIATED EXPENDITURES OF UP TO $1,819,646.80, AUTHORIZING THE CITY MANAGER TO EXECUTE ALL ASSOCIATED DOCUMENTS AND AMENDMENTS AND PROVIDING AN EFFECTIVE DATE ITEM 13. AUTHORIZE CONTRACT,TERRACON CONSULTANTS INCORPORATED, MATERIAL TESTING AND INSPECTION SERVICES, _GRAPEVINE CONVENTION & VISITORS BUREAU HEADQUARTERS AND MUSEUM COMPLEX Public Works Deputy Director Laster recommended approval of a contract with Terracon Consultants, Incorporated for Material Testing and Inspection Services on the Grapevine Convention & Visitors Bureau Headquarters and Museum Complex in an amount not to exceed $28,243.20. The proposed scope of testing is consistent with similar site improvement projects and addresses the standard testing and observations required by the building permit and inspection staff. Motion by Council Member Coy, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: 10 03/16/10 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 14. Renew Contract, Traffic Materials and Supplies Annual Contract Public Works Director recommended approval of the renewal of the Traffic Materials and Supplies Annual Contract to Vulcan, Inc.; 3M Company; Consolidated Traffic; Naztec, Inc.; Hall Signs and Roadrunner Traffic. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 15. Consideration of Minutes City Secretary recommended approval of the minutes of the February 23, March 2 and 5, 2010 City Council meetings as published. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RECESS AND RECONVENE Mayor Tate announced the City Council would take a brief recess. Upon reconvening in the City Council Chambers, all members of the City Council were present. ITEM 16. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU09-48 DI NO'S STEAK AND CLAW HOUSE Chairman Larry Oliver reported the Planning &Zoning Commission voted 7-0 for approval of Conditional Use Application CU09-48 filed by Dino's Steak and Claw House granting a conditional use permit to amend the site plan approved by Ordinance No. 2008-15 for 11 03/16/10 outside dining in conjunction with a restaurant located at 342 South Main Street. The subject property is zoned "CBD" Central Business District. Mayor Pro Tem Wilbanks, 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. 2010-08 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 CU09-48 AMENDING THE SITE PLAN APPROVED BY ORDINANCE. NO. 2008-15 FOR OUTSIDE DINING IN CONJUNCTION WITH A 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 17. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU10-02 PALIP'S PIZZA CAFE Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU 10-02 filed by Palio's Pizza Cafe granting a conditional use permit to amend the site plan approved by Ordinance No. 2007-58 for outside dining in conjunction with a restaurant with outdoor speakers. The subject property is located at 1000 Texan Trail #100 and is zoned "CC" Community Commercial District Regulations. 12 03/16/10 Council Member Freed, seconded by Council Member Lease, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. Council discussion ensued relative to the outdoor speakers that would be adjacent to a residential neighborhood. Following discussion, Council Member Freed, seconded by Mayor Pro Tern Wilbanks, amended her motion to accept the Commission's recommendation with the exception of allowing the outdoor speakers. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2010-09 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 CU10-02 AMENDING THE SITE PLAN APPROVED BY ORDINANCE NO. 2007-58 FOR OUTSIDE DINING IN CONJUNCTION WITH A RESTAURANT IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION.47 OF ORDINANCE. NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN;CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 18. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1R, BLOCK 1 R FIRST NATIONAL BANK ADDITION 13 03/16/10 Chairman Oliver reported the Planning &Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1 R, Block 1 R, First National Bank Addition. The 3.632 acre property is located at 1400 South Main Street and is being platted to reduce the lot size and adjust the west property line to the east. Council Member Stewart, seconded by Council Member Lease, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 1 R, Block 1R, First National Bank Addition. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 19. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT, LOT 1 R2, BLOCK 1 R, PAYTON-WRIGHT ADDITION Chairman Oliver reported the Planning&Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1 R2, Block 1 R, Payton-Wright Addition. The subject property is located at 440 West State Highway 114 and is being replatted to adjust east and west property Fines to the east. Council Member Lease, seconded by Mayor Pro Tern Wilbanks,offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 1 R2, Block 1 R, Payton-Wright Addition. The motion prevailed by the following voter Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 20. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU10-03 PAPPADEAUX SEAFOOD KITCHEN Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU10-03 filed by Pappadeaux Seafood Kitchen granting a conditional use permit to amend the site plan approved by Ordinance No. 97-107 for the possession, storage,retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages), outside dining, and a 40 foot pole sign in conjunction with a restaurant (Pappadeaux Seafood Kitchen). The subject property is located at 600 West State Highway 114 and is zoned "HC" Highway Commercial District. Mayor Pro Tern Wilbanks, 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 14 03/16/10 ORDINANCE NO. 2010-10 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 CU10-03 AMENDING THE SITE PLAN APPROVED BY ORDINANCE NO. 97-107 FOR A PLANNED COMMERCIAL CENTER FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE, AND MIXED BEVERAGES), OUTSIDE DINING, AND A 40-FOOT POLE SIGN IN CONJUNCTION WITH A RESTAURANT 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 21. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT, LOT 6, BLOCK 1, HAYLEY ADDITION Chairman Oliver reported the Planning&Zoning Commission voted 7-0 for the approval of the Statement of Findings and the final plat of Lot 6, Block 1, Hayley Addition. The 2.788 acre property is located 696 West State Highway 114 and is being platted to build a restaurant. 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 6, Block 1, Hayley Addition. The motion prevailed by the following vote: 15 03/16/10 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 22. PLANNING.& ZONING COMMISSION RECOMMENDATION FINAL PLAT, LOT 2R, BLOCK 1, HAYLEY ADDITION Chairman Oliver reported the Planning&Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 2R, Block 1, Hayley Addition. The 2.384 acre property is located at 1401 William D. Tate Avenue and is platting three lots into one lot. Council Member Spencer, seconded by Council Member Lease,offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 2R, Block 1, Hayley Addition. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 23. PLANNING.&ZONING COMMISSION RECOMMENDATION SPECIAL USE APPLICATION_SU10-01 CLEAR WIRELESS LLC Chairman Oliver reported this item had been tabled to April 20, 2010 during the public hearing portion of the meeting. ITEM 24. PLANNING & ZONING COMMISSION RECOMMENDATION HISTORIC LANDMARK SUBDISTRICT DESIGNATION HL10-03 DON GERSCHICK Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Historic Landmark Subdistrict designation HL10-03 filed by Don Gerschick granting a Historic Landmark Subdistrict designation on property located at 316 South Barton Street. Council Member Freed seconded by Council Member Lease, offered a motion to accept the Commission's recommendation and approve the ordinance granting the Historic Landmark Subdistrict designation. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2010-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DESIGNATING A HISTORIC LANDMARK SUBDISTICT HL10-03 IN ACCORDANCE WITH SECTION 39 OF ORDINANCE NO. 82-73 (APPENDIX"D"OF THE CODE OF ORDINANCES), DESIGNATING THE AREA LEGALLY DESCRIBED AS LOT 24R, BLOCK 1, ORIGINAL 16 03/16/10 TOWN OF GRAPEVINE ADDITION, WILLIAM DOOLEY SURVEY AND MORE SPECIFICALLY DESCRIBED HEREIN, IN A DISTRICT ZONED "CBD" CENTRAL BUSINESS DISTRICT; PROVIDING FOR THE ADOPTION OF THE 316 SOUTH BARTON STREET 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 25. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT, LOT 1, BLOCK 1; A. C. STONE 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, A. C. Stone. The 3.33 acre property is located west of Euless-Grapevine Road and north of State Highway 360. The property is being platted to drill gas wells. 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, A. C_ Stone. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ADJOURNMENT Council Member Coy, seconded by Council Member Lease,offered a motion to adjourn the meeting at 9:21 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 6th day of April, 2010. 17 03/16/10 APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary 18