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HomeMy WebLinkAboutItem 08 - MinutesITEM # STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 18th day of July, 2011 at 5:30 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to -wit: William D. Tate C. Shane Wilbanks Sharron Spencer Roy Stewart Darlene Freed Mike Lease Chris Coy Mayor Mayor Pro Tern Council Member Council Member Council Member Council Member Council Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager John McGrane Administrative Services Director CALL TO ORDER Mayor Tate called the workshop to order at 5:30 p.m. ITEM 1. DISCUSS 2012 BUDGET MAJOR ISSUES REPORT City Manager Bruno Rumbelow gave an overview of the 2012 Budget Major Issues noting that Grapevine has fared better than most through the economic downturn. The City Council had exceptional foresight during these years to recognize the need to develop new attractions, as well as bring additional retail establishments to the City. The incentive programs have helped to bolster declining revenue sources with added property and sales tax revenues. Also, Council adopted conservative fiscal policies that allowed for not only sound budget management, but economic development programs for growth and expansion. Staff continually monitored both revenues and expenditures in an effort to insure these fiscal policies are met. Administrative Services Director John McGrane reported the proposed budget keeps the Ad Valorem tax rate at $35 per $100 valuation. He noted there is a 7.7% increase in sales tax from the 2011 budget. There are no new positions budgeted for 2012 and the proposed budget includes a recommended 1 % market adjustment. Mr. McGrane stated all funds will meet or exceed the recommended fund balance reserves. The proposed budget incorporates cash funding for Permanent Capital Maintenance Fund and Permanent Street Maintenance Fund equipment projects except for 07/18/11 the funding of the fire pumper, Crime Control and Prevention District capital items and Golf Course replacement equipment. Mr. McGrane led discussion of the proposals for the General Fund, Quality of Life Fund, Convention & Visitors Bureau Fund, Crime Control and Prevention District Fund, Utilities Enterprise Fund, Lake Park Special Fund, Lake Enterprise Fund, PCMF and PSMF Fund and Storm Water Drainage Utility Fund. There was no formal action taken by the City Council. ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Coy, offered a motion to adjourn the workshop at 6:30 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 August, 2011. ATTEST: Linda Huff City Secretary 2 APPROVED: William D. Tate Mayor STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met !in Workshop on this the 19th day of July, 2011 at 7:00 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to -wit: William D. Tate C. Shane Wilbanks Sharron Spencer Roy Stewart Darlene Freed Mike Lease Chris Coy Mayor Mayor Pro Tern Council Member Council Member Council Member Council Member Council Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager John F. Boyle, Jr. City Attorney Jodi C. Brown Assistant City Secretary CALL TO ORDER Mayor Tate called the workshop to order at 7:00 p.m. ITEM 1. DISCUSS POSSIBLE AMENDMENTS APPENDIX "D" SECTION 52 TREE PRESERVATION Development Services Director Scott Williams reviewed proposed amendments relative to Appendix "D ", Section 52 Tree Preservation that provides language that clarifies that tree preservation applies to both developed and undeveloped properties, and that it specifically applies to rental properties. There was no formal action taken by the City Council. ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the workshop at 7:05 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 07/19/11 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 2nd day of August, 2011. ATTEST: Linda Huff City Secretary 2 APPROVED: William D. Tate Mayor 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 day of July, 2011 at 7:00 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to -wit: William D. Tate C. Shane Wilbanks Sharron Spencer Roy Stewart Darlene Freed Mike Lease Chris Coy Mayor Mayor Pro Tern Council Member Council Member Council Member Council Member Council Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager John F. Boyle, Jr... City Attorney Jodi C. Brown Assistant City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:05 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 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. ADJOURNMENT 07/19/11 Mayor Pro Tern Wilbanks, seconded by Council Member Coy, offered a motion to adjourn the meeting at 9:34 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 August, 2011 „ ATTEST: Linda Huff City Secretary 2 APPROVED: William D. Tate Mayor STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council and the Planning & Zoning Commission of the City of Grapevine, Texas met in Regular Joint Session on this the 19th day of July, 2011 7:30 p.m. in the City Council Chambers, Second Floor, 200 South Main Street, with the following members of the City Council present to -wit: William D. Tate C. Shane Wilbanks Sharron Spencer Roy Stewart Darlene Freed Mike Lease Chris Coy Mayor Mayor Pro Tern Council Member Council Member Council Member Council Member Council Member constituting a quorum, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Betty "BJ" Wilson Member Monica Hotelling Member Jim Fechter Member Gary Martin Member Wayne Szot Alternate Elaine Martin Alternate constituting a quorum, with Commissioners Herb Fry and Beth Tiggelaar 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 Assistant City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:33 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Fechter delivered the Invocation and led the Pledge of Allegiance. ITEM 1. PRESENTATION, BAYLOR _REGIONAL MEDICAL CENTER AT GRAPEVINE 0711911 Mr. Doug Lawson, President of Baylor Regional Medical Center at Grapevine, gave an update on the hospital's 2011 accomplishments, completed and future expansion plans and involvement in the community's health issues. ITEM 2. PRESENTATION, GRAPEVINE MILLS MALL UPDATE Ms. Peggy Weaver, Grapevine Mills Mall General Manager, updated the Council on the mall's activities: new store openings, interior and exterior changes and record breaking attendance with the opening of Legoland and Sea Life Aquarium. ITEM 3. PUBLIC HEARING CONDITIONAL USE APPLICATION CU11 -14 WALGREENS Mayor Tate declared the public hearing open. Planning & Development Manager Ron Stombaugh advised that Conditional Use Application CU 11-14 had been filed by Walgreens requesting a conditional use permit to amend the site plan approved by Ordinance No. 2003 -48 for the possession, storage, retail sale and off - premise consumption of alcoholic beverages (beer and wine only) in conjunction with a retail store. The subject property is located at 912 West Northwest Highway and is zoned "HC" Highway Commercial District. Mr. Stombaugh stated the Code of Ordinances requires a 300 foot separation between an establishment and a school in order for a business to sell alcoholic beverages. The distance measures 362 feet from the nearest property line of the public school, along street lines to the nearest public entrance of the business. Mr. Jim Scott 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 it was noted that one letter of protest had been copied to the Council and Commission. Commissioner Wilson, seconded by Commissioner Hotelling, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Wilson, Hotelling, Fechter, G. Martin, Szot & E. Martin Nays: None Absent: Fry & Tiggelaar Council Member Lease, 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 RIA 07/19/11 ITEM 4. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU11 -15 THE FLATS Mayor Tate declared the public hearing open. Planning & Development Manager Ron Stombaugh advised that Conditional Use Application CU 11-15 had been filed by The Flats requesting a conditional use permit to amend the site plan approved by Ordinance No. 2001 -06, as amended, to revise the floor plan of the 2,800 square foot restaurant by modifying the floor plan and seating configurations. The restaurant will seat a total of 93 patrons, requiring 31 parking spaces. The subject property is located at 2140 Hall Johnson Road #118 and is zoned "CC" Community Commercial District Regulations. Mr. Matthew Kistler requested favorable consideration of the application. Questions from the City Council and the Planning & Zoning Commission ensued relative to the type of restaurant, hours of operation and parking. The applicant responded the restaurant serves American style food during lunch and dinner. Mr. Stombaugh clarified that out of the 134 park spaces available; 31 spaces were allocated to the restaurant, therefore meeting the City's parking requirements. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and one letter of support was reported. Commissioner Szot, seconded by Commissioner E. Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Wilson, Hotelling, Fechter, G. Martin, Szot & E. Martin Nays: None Absent: Fry & Tiggelaar Mayor Pro Tern Wilbanks, 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 5. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU11 -18 FUZZY'S TACO SHOP Mayor Tate declared the public hearing open. Planning & Development Manager Ron Stombaugh advised that Conditional Use Application CU11 -18 had been filed by Fuzzy's Taco Shop requesting a conditional use permit to amend the site plan approved by Ordinance No. 2002 -72, as amended, for a planned commercial center with the possession, storage, retail sale and on- premise 3 07/19/11 consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant to revise the existing floor plan and allow outside speakers. The applicant intends to remodel the existing 3,565 square foot restaurant by modifying the floor plan and seating configurations, relocating the main entry door and using two speakers on the existing patio. The restaurant seats a total of 158 patrons -98 seats inside and 60 seats in an outdoor covered patio area. The subject property is located at 2030 Glade Road #296 and is zoned "CC" Community Commercial District Regulations. Mr. Jason Cartmill requested favorable consideration of the application. City Council and the Planning & Zoning Commission questioned the use of outside speakers, hours of operation and exterior renovations. The applicant stated hours of operation were weekdays 7 am –10 pm and weekends until 11 pm; the speakers facing south provide background music and PA system for order pickup and that the existing exterior would not be changing. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and it was reported the Council and Commission had received one letter of protest. Commissioner Hotelling, seconded by Commissioner E. Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Wilson, Hotelling, Fechter, G. Martin, Szot & E. Martin Nays: None Absent: Fry & Tiggelaar 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 CONDITIONAL USE APPLICATION CU11 -19 AND PLANNED DEVELOPMENT OVERLAY APPLICATION PD11 -02 BANK OF THE WFST Mayor Tate declared the public hearing open. Planning & Development Manager Ron Stombaugh advised that Conditional Use Application CU11 -19 and Planned Development Overlay Application PD11 -02 had been filed by Bank of The West. CU11 -19 requests a conditional use permit to amend the site plan approved by Ordinance No. 2009 -46, as amended, to remove the "temporary" designation from the facility. PD11 -02 requests deviation from front yard landscape buffer, buffer to residential zoning, screening, and landscape buffer to adjacent property. The subject property is located at 201 North Main Street and is zoned "HC" Highway Commercial District Regulations. 4 07/19/11 Mr. David Washington requested favorable consideration of the application. City Council and Planning & Zoning Commission discussion ensued relative to screening, landscaping and the number of variances requested on the site. The Council and Commission recommended the applicant review the proposal and try to bring the development into compliance with the City's zoning ordinance. 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, Wilson, Hotelling, Fechter, G. Martin, Szot & E. Martin Nays: None Absent: Fry & Tiggelaar Council Member Freed, 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, CONDITIONAL USE APPLICATION CU11 -20 ESPARZA'S Mayor Tate declared the public hearing open. Planning & Development Manager Ron Stombaugh advised that Conditional Use Application CU11 -20 had been filed by Esparza's requesting a conditional use permit to amend the site plan approved by Ordinance No. 97 -69, as amended, requesting a conditional use permit for outdoor dining on property located at 124 East Worth Street. The subject property is zoned "CBD" Central Business District. With this request the applicant proposes to allow outside dining at the front of the property along East Worth Street and along the western property line. Also, the applicant proposes to construct a new drive at the southern end of the site to allow access to and from Franklin Street. Mr. John Levitt requested favorable consideration of the application briefly reviewing the proposed parking plans and new drive access to Franklin Street. Questions from the City Council and the Planning & Zoning Commission centered on the on- street parking in front of residential properties, use of public parking areas and possible creation of parking at the northeast corner of Jenkins and East Worth Streets. 5 07/19/11 The applicant requested the case be tabled. Mr. Jon Michael Franks, owner of 115 East Worth Street, stated there was a time frame and conditions listed in the purchase contract with Mr. Stephen Brown. Commissioner Wilson, seconded by Commissioner Fechter, offered a motion to table the public hearing until August 16, 2011. The motion prevailed by the following vote: Ayes: Oliver, Wilson, Hotelling, Fechter, G. Martin, Szot & E. Martin Nays: None Absent: Fry & Tiggelaar Council Member Coy, seconded by Council Member Stewart, offered a motion to table the public hearing until August 16, 2011. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Mayor Tate stated that this would be the only notification to adjacent property owners of the continued public hearing. ITEM 8. PUBLIC HEARING HISTORIC LANDMARK SUBDISTRICT HL11 -02 JUSTIN POWERS Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Historic Landmark Subdistrict HL11 -02 had been filed by Mr. Justin Powers for property located at 901 West Sunset Street. The applicant is requesting designation as a historic landmark subdistrict to be known as 901 West Sunset Street. 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 Tate invited guests present to comment regarding the application. No one wished to speak and there were two letters of support reported. Commissioner Wilson, seconded by Commissioner Hotelling, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Wilson, Hotelling, Fechter, G. Martin, Szot & E. Martin Nays: None Absent: Fry & Tiggelaar Council Member Spencer, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: 0 07/19/11 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 9. PUBLIC HEARING, FINAL PLAT LOTS 1AAND 1B, BLOCK 1, DOUBLE B RANCH, REPLAT OF LOT 1, BLOCK 1, DOUBLE B RANCH Mayor Tate declared the public hearing open. Senior Civil Engineer Scott Dyer reported that an application had been filed by Mr. Jeffery Avery for the final plat of Lots 1A and 1 B, Block 1, Double B Ranch being a replat of Lot 1, Block 1, Double B Ranch. The 2.1 acre property is located at 3063 Parr Lane and is zoned "R -20" Single Family District Regulations. The property is being platted to divide the property into two lots, Lot 1 A has an existing single family residence and Lot 1 B will be for a future residence. . Jeffery Avery requested favorable consideration of the application. There were no questions from the Planning & Zoning Commission. Council inquired if the applicant had reviewed the deed restrictions and Mr. Avery stated he had not. 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 Hotelling, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Wilson, Hotelling, Fechter, G. Martin, Szot & E. Martin Nays: None Absent: Fry & Tiggelaar 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 10. PUBLIC HEARING AMENDMENTS APPENDIX "D" COMPREHENSIVE ZONING ORDINANCE NO. 82 -73, AS AMENDED, SECTION 20 "R -TH" TOWNHOUSE DISTRICT REGULATIONS: SECTION 21 "R -MF -1" MULTIFAMILY DISTRICT REGULATIONS: SECTION 22 "R -MF -2" MULTIFAMILY DISTRICT REGULATIONS; SECTION 41 "PD" PLANNED DEVELOPMENT_ OVERLAY; SECTION 45 CONCEPT PLANS; SECTION 47 SITE PLAN REVIEW; SECTION 54 MASONRY REQUIREMENTS AND SECTION 60 SIGN STANDARDS Mayor Tate declared the public hearing open. 7 0711911 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 20 "R -TH" Townhouse District Regulations; Section 21 "R -MF -1" Multifamily District Regulations; Section 22 "R -MF -2" Multifamily District Regulations; Section 41 "PD" Planned Development Overlay; Section 45 Concept Plans; Section 47 Site Plan Review; Section 54 Masonry Requirements and Section 60 Sign Standards relative to multifamily zoning. 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 E. Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Wilson, Hotelling, Fechter, G. Martin, Szot & E. Martin Nays: None Absent: Fry & Tiggelaar Council Member Stewart, 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 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. APPROVE ENGINEERING SERVICES CONTRACT, WASTEWATER TREATMENT PLANT HEADWORKS REHABILITATION AND REPLACEMENT Public Works Director Matt Singleton recommended approval of an engineering services contractwith Freese & Nichols, Inc. fordesign services on the Wastewater Treatment Plant Headworks Rehabilitation and Replacement in an amount of $253,400.00. Mr. Singleton stated the facility was constructed in the 1950's and has had two major expansions within the last 14 years. Overtime, the wastewater treatment plant (WWTP) inflow and collection structure, known as the headworks, has deteriorated due to age and highly corrosive conditions experienced at the WWTP entry point. Significant facility replacement and upgrade is necessary to continue to function and comply with TCEQ regulations. M. 07/19/11 Motion by Council Member Freed, seconded by Mayor Pro Tern Wilbanks, to approve the engineering services contract 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 12. Resolution, Authorize Purchase, Control Microsystem Equipment Public Works Director recommended approval of a resolution authorizing the purchase of Control Microsystem Equipment for the Water Treatment Plant from the sole source vendor, Pan -Tech Controls Company, in an amount not to exceed $63,739.00. Motion by Council Member Lease, 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. 201147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO DECLARE PAN - TECH CONTROLS COMPANY A SOLE SOURCE PROVIDER FOR CONTROL MICROSYSTEMS EQUIPMENT FOR THE WATER TREATMENT PLANT AND PROVIDING AN EFFECTIVE DATE Item 13. Authorize Purchase Replacement Servers City's Information Technology Computer Network Information Technology Manager recommended approval of purchasing replacement servers for the City's Information Technology Computer Network from Able Electronics in an amount not to exceed $18,507.00. Motion by Council Member Lease, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 9 0711911 Item 14. Resolution, _ Authorize Purchase, Data Storage System, Information Technology Information Technology Manager recommended approval of a resolution authorizing the purchase of a Data Storage System for Information Technologyfrom Insight Public Sector Inc. through a State DI Co -op Contract Program in an amount not to exceed $23,312.46. Motion by Council Member Lease, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2011 -48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO PURCHASE A DATA STORAGE SYSTEM THROUGH A STATE DIR CO -OP CONTRACT PROGRAM AND PROVIDING AN EFFECTIVE DATE Item 15. Resolution, Authorize Purchase, 2012 F450 Truck Public Works Director recommended approval of a resolution authorizing the purchase of a 2012 Ford F -450 Truck with specified utility body in an amount not to exceed $46,954.56 for the Parks Department from Sam Pack's Five Star Ford through a cooperative agreement with the State of Texas Co -Op Purchasing Program. Motion by Council Member Lease, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2011 -49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO PURCHASE A 2012 FORD F -450 TRUCK THROUGH AN ESTABLISHED COOPERARATIVE AGREEMENT AND PROVIDING AN EFFECTIVE DATE Item 16. Resolution, Authorize Purchase, Toro Sidewinder Golf Mower W 0711911 Administrative Services Director recommended approval of a resolution authorizing the purchase of a Toro Sidewinder Golf Mower for the Municipal Golf Course from the sole source vendor, Professional Turf Products, in an amount not to exceed $27,498.39. Motion by Council Member Lease, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2011 -50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO DECLARE PROFESSIONAL TURF PRODUCTS A SOLE SOURCE PROVIDER FOR TORO MOWERS FOR THE GOLF COURSE AND PROVIDING AN EFFECTIVE DATE Item 17. Consideration of Minutes City Secretary recommended approval of the minutes of the July 5, 2011 City Council meetings as published. Motion by Council Member Lease, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None NOTE: Mayor Tate announced the City Council would take a brief recess. Upon reconvening in the Council Chambers, all members of the City Council were present. ITEM 18. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU11 -14 WALGREENS Chairman Oliver reported the Planning & Zoning Commission voted 7 -0 for approval of Conditional Use Application CU11 -14 fled by Walgreens granting a conditional use permit to amend the site plan approved by Ordinance No. 2003 -48 for the possession, storage, retail sale and off - premise consumption of alcoholic beverages (beer and wine only) in conjunction with a retail store on property located at 912 West Northwest Highway. Council Member Coy, 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: I[ 07/19/11 Ayes; Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2011 -29 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE NO. 82 -73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU11 -14 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2003 -48 FOR THE POSSESSION, STORAGE, RETAIL SALE AND OFF- PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER AND WINE ONLY) IN CONJUNCTION WITH A RETAIL STORE 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 19. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU11 -15 THE FLATS Chairman Oliver reported the Planning & Zoning Commission voted 7 -0 for approval of Conditional Use Application CU 11-15 filed by The Flats granting a conditional use permit to amend the site plan approved by Ordinance No. 2001 -06, as amended, to revise the floor. plan of the restaurant on property located at 2140 Hall Johnson Road #118 and is zoned "CC" Community Commercial District Regulations. Council Member Stewart, 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: 12 07/19/11 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2011-30 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE NO. 82 -73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU11 -15 AMENDING THE SITE PLAN APPROVED BY ORDINANCE NO. 2001 -06 TO REVISE THE FLOOR PLAN OF 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 20. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU11 -18 FUZZY'S TACO SHOP Chairman Oliver reported the Planning & Zoning Commission voted 7 -0 for approval of Conditional Use Application CU 11-18 filed by Fuzzy's Taco Shop with the stipulation the hours of operation are limited to within 7:00 am to 10:00 pm Sunday through Thursday and 7:00 am to 11:00 pm on Friday and Saturday, and granting a conditional use permit to amend the site plan approved by Ordinance No. 2002 -72, as amended, to revise the existing floor plan and allow outside speakers in conjunction with a restaurant on property located at 2030 Glade Road #296. Council Member Coy, seconded by Council Member Freed, offered a motion to acceptthe Commission's recommendation for approval with the condition in the ordinance granting the conditional use permit. The motion prevailed by the following vote: 13 07/19/11 Ayes: Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: Tate ORDINANCE NO. 2011 -31 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE N O. 82 -73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU11 -18 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2002 -72 TO REVISE THE FLOOR PLAN AND ALLOW OUTDOOR SPEAKERS, 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 21. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU 11-19 BANK OF THE WEST Chairman Oliver reported the Planning & Zoning Commission voted 7 -0 to table the conditional use application to the August 16, 2011 meeting. Mayor Pro Tern Wilbanks, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation to table the conditional use application. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 22. PLANNING & ZONING COMMISSION RECOMMENDATION PLANNED DEVELOPMENT OVERLAY APPLICATION PD11 -02 BANK OF THE WEST ME 07/19/11 Chairman Oliver reported the Planning & Zoning Commission voted 7 -0 to table the planned development overlay application to the August 16, 2011 meeting. Council Member Stewart, seconded by Mayor Pro Tern Wilbanks, offered a motion to accept the Commission's recommendation to table the planned development overlay application. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 23. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU11 -20 ESPARZA'S There was no action as this item was tabled during the public hearing. ITEM 24. PLANNING & ZONING COMMISSION RECOMMENDATION HISTORIC LANDMARK SUBDISTRICT HL11 -02 JUSTIN POWERS Chairman Oliver reported the Planning & Zoning Commission voted 7 -0 for approval of Historical Landmark Subdistrict Application HL11 -02 filed by Mr. Justin Powers granting a Historical Landmark Subdistrict Overlayfor property located at 901 West Sunset Street and adoption of the Historical Design Guidelines. The subject property is zoned "R -7.5" Single Family District Regulations. Council Member Lease, seconded by Mayor Pro Tern Wilbanks, offered a motion to accept the Commission's recommendation and approve the ordinance granting the Historical Landmark Subdistrict Overlay. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2011 -32 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DESIGNATING A HISTORIC LANDMARK SUBDISTICT HL11 -02 IN ACCORDANCE WITH SECTION 39 OF ORDINANCE NO. 82-73 (APPENDIX "D" OF THE CODE OF ORDINANCES), DESIGNATING THE AREA LEGALLY DESCRIBED AS LOT 1, BLOCK 2, J POWERS ADDITION, A FOSTER SURVEY, ABSTRACT 518 AND MORE SPECIFICALLY DESCRIBED HEREIN, IN A DISTRICT ZONED "R -7.5" SINGLE FAMILY DISTRICT REGULATIONS; PROVIDING FOR THE ADOPTION OF THE 901 WEST SUNSET STREET HISTORIC DISTRICT DESIGN GUIDELINES; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO 15 07/19/11 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 LOTS 1A AND 2B BLOCK 1 DOUBLE B RANCH Chairman Oliver reported the Planning & Zoning Commission voted 7 -0 for approval of the Statement of Findings and the final plat of Lots 1A and 1 B, Block 1, Double B Ranch being platted to divide the property into two lots to allow for a future residence. The 2.1 acres is located at 3063 Parr Lane and is zoned "R -20" Single Family District Regulations. Council Member Coy, 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 Lots 1A and 2B, Block 1, Double B Ranch. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 26. PLANNING & ZONING COMMISSION RECOMMENDATION AMENDMENTS APPENDIX "D ", COMPREHENSIVE ZONING ORDINANCE NO. 82- 73,-AS AMENDED, SECTION 20 "R -TH" TOWNHOUSE DISTRICT REGULATIONS; SECTION 21 "R -MF -1" MULTIFAMILY DISTRICT REGULATIONS; SECTION 22 "R -MF -2" MULTIFAMILY DISTRICT REGULATIONS; SECTION 41 "PD" PLANNED DEVELOPMENT OVERLAY; SECTION 45 CONCEPT PLANS; SECTION 47 SITE PLAN REVIEW; SECTION 54 MASONRY REQUIREMENTS AND SECTION 60 SIGN STANDARDS Chairman Oliver reported the Planning & Zoning Commission voted 7 -0 for approval of the amendments to the Grapevine Code of Ordinances, Appendix D, Comprehensive Zoning Ordinance No. 82 -73, as amended, Section 20 "R -TH" Townhouse District Regulations; Section 21 "R -MF -1" Multifamily District Regulations; Section 22 "R -MF -2" Multifamily District Regulations; Section 41 "PD" Planned Development Overlay; Section 45 Concept Plans; Section 47 Site Plan Review; Section 54 Masonry Requirements and Section 60 Sign Standards relative to multifamily developments. Council Member Freed, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the ordinance amending the Grapevine Code of Ordinances, Appendix D. The motion prevailed by the following vote: 16 07/19/11 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2011-33 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING ORDINANCE NO. 82 -73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY PROVIDING FOR AMENDMENTS AND CHANGES TO ZONING REGULATIONS BY DELETING SECTION 21, "R- MF-1" MULTIFAMILY DISTRICT REGULATIONS; RENAMING SECTION 22, "R -MF -2" MULTIFAMILY DISTRICT REGULATIONS; AND AMENDING SECTION 20, "R -TH" TOWNHOUSE DISTRICT REGULATIONS; SECTION 41, "PD" PLANNED DEVELOPMENT OVERLAY; SECTION 45, CONCEPT PLANS; SECTION 47, SITE PLAN REVIEW; SECTION 54, MASONRY REQUIREMENTS; AND SECTION 60, SIGN STANDARDS 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 ADJOURNMENT Council Member Spencer, seconded by Council Member Coy, offered a motion to adjourn the meeting at 9:34 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 August, 2011. APPROVED: William D. Tate Mayor 1h ATTEST: Linda Huff City Secretary 18 0711911