Loading...
HomeMy WebLinkAboutItem 14 - Minutes ITEM __ STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Special Session on this the 8th day of September, 2009 at 5:05 p.m. in the City Council Chambers, 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 5:09 p.m. ITEM 1. ORDINANCE, ADOPT AD VALOREM TAX RATE City Manager Bruno Rumbelow recommended approval of an ordinance setting the Fiscal Year 2009-2010 ad valorem tax rate at $0.3500 per $100.00 valuation apportioned as follows: General Fund, a tax rate of$0.13643 per $100.00 value and Debt Service, a tax rate of $0.21357 per $100.00 value. Council Member Freed, seconded by Council Member Coy, offered a motion to adopt the ordinance as presented setting the ad valorem tax rate at $0.3500 per$100.00 valuation. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2009-34 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SETTING THE ANNUAL TAX RATE FOR TAX YEAR 2009; LEVYING TAXES FOR THE TAX YEAR 2009 TO BE 09/08/09 ASSESSED ON ALL TAXABLE PROPERTY WITHIN THE LIMITS OF THE CITY OF GRAPEVINE, TEXAS; PROVIDING PENALTIES AND INTEREST FOR THE DELINQUENT TAXES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 2. ORDINANCE, ADOPT FISCAL YEAR 2009-2010 BUDGET City Manager Rumbelow recommended approval of an ordinance adopting the Fiscal Year 2009-2010 budget. The budget includes the programs discussed at the City Council workshop held on August 11, 2009 and the public hearing on September 1, 2009. Mr. Rumbelow stated the budget has been prepared with the goals in mind of addressing needs to place the City on a sound financial footing with a 20% fund balance, including a 1% merit increase for employees and continuation of the pay as you go policy. The proposed budget is 3% less than the previous year. The FY 2009-2010 budget, as presented, requires a tax rate of$0.3500 and contains fund expenditures in the following amounts: General Fund $51,159,144 Utility Enterprise Fund 20,671,420 Debt Service Fund 13,660,688 Convention & Visitors Bureau Fund 18,131,599 Lake Enterprise Fund 3,184,039 Streets & Drainage Capital Projects 7,449,104 Permanent Street Maintenance Fund 1,530,000 General Permanent Capital Maintenance Fund 825,000 Utility Permanent Capital Maintenance Fund 750,000 Stormwater Drainage Fund 1,637,421 Lake Parks Fund 1,186,312 Water and Wastewater System Capital Projects 4,965,881 4B Fund 8,224,857 Crime Control & Prevention District Fund 12,486,361 Community Quality of Life Fund 1,400,000 Buildings & Facilities Capital Projects 5,587,000 Traffic Improvements Capital Projects 1,727,448 Capital Equipment Acquisitions 1,914,669 Council Member Spencer, seconded by Council Member Stewart, offered a motion to adopt the ordinance approving Fiscal Year 2009-2010 Budget as presented. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 2 09/08/09 ORDINANCE NO. 2009-35 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ADOPTING THE BUDGET FOR THE CITY OF GRAPEVINE, TEXAS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010; PROVIDING FOR INTRA- AND INTER- DEPARTMENTAL FUND TRANSFERS; PROVIDING FOR INVESTMENT OF CERTAIN FUNDS; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE ADJOURNMENT Council Member Lease, seconded by Council Member Coy, offered a motion to adjourn the meeting at 5:12 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 October, 2009. APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary 3 STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 15th day of September, 2009 at 6:30 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to-wit: William D. Tate 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 John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the workshop to order at 6:35 p.m. ITEM 1. 2009 GRAPEFEST ITINERARY Gayle Hall, Director of Festivals and Events, briefed the City Council regarding the upcoming events during the 23rd GrapeFest. ITEM 2. DISCUSS ONCOR TREE TRIMMING Mr. Carlos De La Torre and Mr. Larry Baldwin, representing ONCOR, addressed the Council's issues regarding tree trimming in the City that resulted from the June 10 severe storm. Their tree trimming policy is based on factors of safety, growth and sway equaling 10' 4" and it is ONCOR's plan to get on a four year tree trimming schedule. Residents are provided a phone number on door hangers advising of tree trimming in their area. The City has been provided an educational brochure for citizens titled: "Plan Before You Plant". It was noted that to bury the Nash Farm utility lines along College Street with the City providing the civil work is estimated at $23,000.00 There was no formal action taken by the City Council. 09/15/09 ITEM 3. DISCUSS IMPROVEMENTS, VINEYARDS CAMPGROUND Parks & Recreation Director Doug Evans presented the proposed concept plan for improvements at the Vineyards Campground. He reviewed the projected cost estimates for the improvements that include new camp sites, cabins and a camp store. There was no formal action taken by the City Council. ADJOURNMENT Mayor Pro Tem Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the workshop at 7:10 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 October, 2009. 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 15th day of September, 2009 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 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 John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:10 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 and 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 Sections 551.087, Texas Government Code. NOTE: City Council continued with the Regular City Council meeting in open session in the City Council Chambers. 09/15/09 ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the meeting at 9:30 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 6th day of October, 2009. 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 15th day of September, 2009 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 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 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 John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:36 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner G. Martin delivered the Invocation and led the Pledge of Allegiance. Note: Mayor Tate announced that Item 9 Special Use Application SU09-06 Chesapeake Energy would be considered prior to the other items on the agenda. 09/15/09 ITEM 1 . PUBLIC HEARING, ZONING APPLICATION Z09-04, CONDITIONAL USE APPLICATION CU09-21 (ALOFT HOTEL), CONDITIONAL USE APPLICATION CU09-22 (COURTYARD BY MARRIOT), CONDITIONAL USE APPLICATION CU09-23 (RENAISSANCE HOTEL) Mayor Tate declared the public hearing open. Planning & Development Manager Ron Stombaugh reported that the applicant had requested withdrawal without prejudice of Zoning Application Z09-04, Conditional Use Application CU09-21 (Aloft Hotel), Conditional Use Application CU09-22 (Courtyard by Marriot), Conditional Use Application CU09-23 (Renaissance Hotel). The applications were filed by Silver Lake Crossings for property located at the intersection north of State Highway 26 and Bass Pro Court. The zoning application requests rezoning of approximately 21.1 acres from "CC" Community Commercial District Regulations to"MXU" Mixed Use District Regulations for development of three hotel sites, multifamily complex and parking garage. The conditional use applications are for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with three hotels. Commissioner E. Martin, seconded by Commissioner Wilson, offered a motion to approve the applicant's request for withdrawal without prejudice. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, G. Martin & E. Martin Nays: None Absent: Lowery Council Member Stewart, seconded by Council Member Coy, offered a motion to approve the applicant's request for withdrawal without prejudice. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 2. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU09-20 BANK OF THE WEST Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Bank of the West had requested to withdraw without prejudice Conditional Use Application CU09-20. The application requested a conditional use permit to amend the site plan approved by Ordinance No. 2006-76 for a planned office center on property located at 108 West Northwest Highway. The subject property is zoned "HC" Highway Commercial District. 2 09/15/09 Commissioner Wilson, seconded by Commissioner Fechter, offered a motion to approve the applicant's request for withdrawal without prejudice. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, G. Martin & E. Martin Nays: None Absent: Lowery Mayor Pro Tern Wilbanks, seconded by Council Member Lease, offered a motion to approve the applicant's request for withdrawal without prejudice. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 3. PUBLIC HEARING, ZONING APPLICATION Z09-05 WORLD VILLAGES OF GRAPEVINE Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Zoning Application Z09-05 had been filed by World Villages of Grapevine requesting rezoning of 16.06 acres located at 3545, 3570 and 3575 Dream Gardens Way from "CC" Community Commercial District Regulations to "MXU" Mixed Use District Regulations for development of three apartment buildings and office/retail buildings. The applicant proposes to develop three, four-story apartment buildings with a total of 352 units and a multi-tenant retail/office structure. Parking will be both surface and partial below-grade. Density for the proposed apartment project is 37.8 units per acre. In addition to the apartment project, three multi-story, multi-tenant office/retail structure components are proposed to be wrapped around a four-level parking garage. The ground floor of each of these buildings will be utilized for retail only and the second through forth floors will be devoted to office related uses. The garage will contain parking for 932 vehicles. Mr. Sherman Thurston requested favorable consideration of the application noting there would be approximately 53,635 square feet of retail space with approximately 141,859 square feet of office space. Discussion ensued concerning the overall density of the proposed development. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and City Secretary Huff reported the Council and Commission had been copied the one letter of support for the proposal. 3 09/15/09 Commissioner Fry, 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, G. Martin & E. Martin Nays: None Absent: Lowery Council Member Freed, 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 4. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU09-24 LOVE AND WAR IN TEXAS Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Conditional Use Application CU09-24 had been filed by Love and War in Texas requesting a conditional use permit to amend the site plan approved by Ordinance No. 99-165, for outside dining with outdoor speakers for live music in conjunction with the operation of a restaurant. The property is located at 2505 East Grapevine Mills Circle and is zoned "CC" Community Commercial District Regulations. A portion of the existing parking lot will be converted for use as dining for 150 patrons, a performance area and will be screened by an eight foot wooden fence. The required parking for 500 patrons (indoor and outdoor) is 167 of which 148 parking spaces are on site and 25 spaces will be utilized at the adjacent Discount Tire after they have closed. The applicant also requests to use outdoor speakers for the performances. Mr. Tye Phillips requested favorable consideration of the application noting the hours for the outside speakers would be 9 p.m. to 12 a.m. on Thursday, Friday and Saturday only. City Council and Planning &Zoning Commission questioned the need for outdoor speakers and the affect they would have on adjacent neighbors. Mr. Phillips responded there would not be any concerts, just song writers and their stories. Mayor Tate invited guests present to comment regarding the application. 1. Mr. K. D. Tuck Whitaker, Pastor of the Cowboy Heritage Church, that meets at Love and War every Sunday morning, expressed his support for the proposal. 2. Mr. Mike Morris, 849 Riverside Drive North, expressed his support for the request noting that it is a family venue for song writers to present their material. City Secretary Huff reported the Council and Commission had been copied the one letter of support. 4 09/15/09 Commissioner E. Martin, seconded by Commissioner G. Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, G. Martin & E. Martin Nays: None Absent: Lowery 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 ITEM 5. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU09-29 RAINBOW PLANTS Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Rainbow Plants had requested to withdraw Conditional Use Application CU09-28. The application requested a conditional use permit to amend the site plan approved by Ordinance No. 2006-79 for an outdoor farmer's market to be located on the parking lot of property located at 3000 Grapevine Mills Parkway #700. The property is zoned "CC" Community Commercial District Regulations. Commissioner Wilson, seconded by Commissioner Hotelling, offered a motion to approve the withdrawal of the application. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, G. Martin & E. Martin Nays: None Absent: Lowery Council Member Freed, seconded by Council Member Coy, offered a motion to approve the withdrawal of the application. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 6. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU09-29 GRAPEVINE FORD Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Conditional Use Application CU09-29 had been filed by Grapevine Ford requesting a conditional use permit for an 5 09/15/09 automotive dealership with sales and service of new and used vehicles, a 40-foot pole sign and two monument signs. The property is located at 801 East State Highway 114 and is zoned "PCD" Planned Commerce Development District. The subject site is the current location of the Texas Toyota automotive dealership. This dealership and the adjacent Grapevine Ford automotive dealership to the west are under the same ownership and the owner intends to switch dealership locations. The Grapevine Ford dealership will relocate both their 35-foot pole sign and 24-foot pole sign to new locations along the State Highway 114 service road at the new dealership location. Mr. Steve Loe 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 City Secretary Huff reported there was one letter of support copied to the Council and Commission. 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, G. Martin & E. Martin 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: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 7. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU09-30 TEXAS TOYOTA, FINAL PLAT LOTS 1 AND 2, BLOCK 1, VTG GRAPEVINE, REPLAT OF LOT 1R1, BLOCK 1, AMENDED PLAT OF AUTONATION FORD AND LOT 1R, BLOCK A, TIGUE GRAPEVINE ADDITION Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Texas Toyota had filed Conditional Use Application CU09-30 and the final plat application of Lots 1 and 2, Block 1, VTG Grapevine being a replat of Lot 1R1, Block 1, amended plat of Autonation Ford and Lot 1 R, Block A, Tigue Grapevine Addition. The conditional use application requests a conditional use permit for an automotive dealership with sales and service of new and used vehicles and two pole signs. The subject property is located at 701 East State Highway 114 and is zoned "PCD" Planned Commerce Development District. The subject site is the current location of the Grapevine Ford automotive dealership. This dealership and the adjacent Texas Toyota automotive dealership to the east are under the same ownership 6 09/15/09 and the owner intends to switch dealership locations. The Texas Toyota dealership will be relocating their two pylon signs to a new location along the State Highway 114 service road at the new dealership location. Mr. Steve Loe 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 City Secretary Huff reported the Council and Commission had been copied the one letter of support. 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, G. Martin & E. Martin Nays: None Absent: Lowery Mayor Pro Tem 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 8. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU09-32 COURTYARD BY MARRIOTT, FINAL PLAT, LOT 1 , BLOCK 1 , SILVER LAKE CROSSINGS ADDITION, REPLAT OF A PORTION OF LOTS 1 AND 2, BLOCK 1, THE BLUFFS AT GRAPEVINE AND A PLAT OF UNPLATTED TRACTS OF LAND, A. W. ANDERSON SURVEY, ABSTRACT NO. 26 Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh advised that Courtyard by Marriott had filed Conditional Use Application CU09-32 and application for the final plat of Lot 1 , Block 1, Silver Lake Crossings Addition being a replat of a portion of Lots 1 and 2, Block 1, The Bluffs at Grapevine and a plat of unplatted tracts of land in the A. W. Anderson Survey, Abstract No. 26. The conditional use application requests a permit for a seven story, 301 room hotel with the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant, outdoor speakers, increased building height and a 20-foot pole sign. The property is located at 2100 Bass Pro Court and is zoned "CC" Community Commercial District Regulations. Mr. Mike Patel requested favorable consideration of the applications. 7 09/15/09 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 City Secretary Huff reported the Council and Commission had been copied the one letter of support. Commissioner Fry, 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, G. Martin & E. Martin 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: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Note: The following item was discussed at the beginning of the meeting. Mayor Tate recused himself from discussion of the item and turned the meeting over to Mayor Pro Tem Wilbanks ITEM 9. PUBLIC HEARING, SPECIAL USE APPLICATION SU09-06 CHESAPEAKE ENERGY Note: This item was considered before Item 1. Mayor Pro Tem Wilbanks declared the public hearing open. Planning & Development Manager Stombaugh advised that Chesapeake Energy had requested that Special Use Application SU09-06 be tabled to the October 20, 2009 meeting. The application requests a special use permit for gas well drilling and production on property located at 2720 North Grapevine Mills Boulevard. The subject property is zoned "HCO" Hotel and Corporate Office District. Commissioner Fry, seconded by Commissioner Hotelling, offered a motion to table the item to the October 20, 2009 meeting. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, G. Martin & E. Martin Nays: None Absent: Lowery Council Member Coy, seconded by Council Member Lease, offered a motion to table the item to the October 20, 2009 meeting. The motion prevailed by the following vote: 8 09/15/09 Ayes: Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Abstain: Tate Note: Mayor Pro Tern Wilbanks returned the meeting to Mayor Tate. 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 10. ORDINANCE, AMEND CHAPTER 8 COURTS AND CRIMINAL PROCEDURES, TECHNOLOGY FEE Police Chief Eddie Salame recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 8 Courts and Criminal Procedures relative to establishing a $3.00 Municipal Court Technology Fee and repealing the Security Fee. The technology fee will fund the e-citation system that will benefit the Police Department and Municipal Court, as well as the Fire Department and Code Enforcement. Motion by Council Member Freed, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2009-36 AN ORDINANCE OF CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ESTABLISHING A MUNICIPAL COURT TECHNOLOGY FUND; PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A MUNICIPAL COURT TECHNOLOGY FEE; AMENDING THE GRAPEVINE CODE OF ORDINANCES, CHAPTER 8 COURTS AND CRIMINAL PROCEDURES, SECTION 8-13; PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 11. ORDINANCE, ABANDON A PORTION OF BASS PRO DRIVE RIGHT OF WAY Deputy Director of Public Works Stan Laster recommended approval of an ordinance abandoning approximately a 1 ,000 linear feet portion of Bass Pro Drive right of way west of State Highway 26 for the planned development of a hotel complex. 9 09/15/09 Motion by Mayor Pro Tern Wilbanks, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2009-37 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A PORTION OF BASS PRO DRIVE RIGHT OF WAY IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED AND PROVIDING AN EFFECTIVE DATE 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. Item 13 Contract, EMS Medical Services was removed. Item 12. Resolution, Authorize Purchase, Work Order Software System Public Works Director recommended approval of a resolution authorizing the sole source purchase in the total amount of$23,380.00 from Facility Wizard Software of a Work Order Software System for Facility Services. Motion by Council Member Spencer, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2009-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO THE PURCHASE OF A WORK ORDER SOFTWARE SYSTEM AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS AND DOCUMENTS AND PROVIDING AN EFFECTIVE DATE ITEM 13. AUTHORIZE CONTRACT, EMS MEDICAL SERVICES This item was removed from the consent agenda by Mayor Pro Tern Wilbanks and discussed after Item 6. 10 09/15/09 Fire Chief Bass recommended approval of authorizing a contract for EMS Medical Services with Dr. Roy Yamada, M.D. F.A.C.E.P. for the total annual amount of $21 ,000.00. Chief Bass noted Dr. Yamada provides services to several Metroplex cities. Mayor Pro Tem Wilbanks requested that provisions for payment on a quarterly basis and a 90 day cancellation term be placed in the contract. Following discussion, Council Member Freed, seconded by Council Member Coy, offered a motion to approve the contract with amendments providing for quarterly payments and a 90 day cancellation term. The motion was approved by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 14. Approve Maintenance Agreement, Various Network Software Licenses Information Technology Director recommended approval of a maintenance agreement with SHI Government Solutions, Inc. in an amount not to exceed $31 ,739.00 for various network software licenses. Motion by Council Member Spencer, 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. Resolution, Renewal Services and Maintenance, Library Information System Library Director recommended approval of a resolution declaring SirsiDynix, Inc. a sole source provider and renewal of the services and maintenance contract for the Library Information System in an amount not to exceed $10,715.74. Motion by Council Member Spencer, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2009-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO THE PURCHASE OF A MAINTENANCE AGREEMENT; DETERMINING THAT THE MAINTENANCE IS AVAILABLE FROM ONLY ONE SOURCE AND AUTHORIZING THE CITY MANAGER TO EXECUTE 11 09/15/09 SAID CONTRACTS AND DOCUMENTS AND PROVIDING AN EFFECTIVE DATE Item 16. Consideration of Minutes City Secretary recommended approval of the minutes of the September 1, 2009 City Council meetings as published. Motion by Council Member Spencer, 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 17. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z09-05 WORLD VILLAGES OF GRAPEVINE Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Zoning Application Z09-05 with the following conditions: Z09-05, SP09-09, SP09-10, SP09-11 are approved with the condition that Lot 1, Block 2, Phase 1 and Lot 1 , Block 3, Phase 1 shall apply for a building permit simultaneously and that the Certificate of Occupancy for the shell building for the retail buildings I, II and III and the parking garage on Lot 1, Block 3, Phase 1 shall be issued prior to the issuance of the Certificate of Occupancy for the residential project on Lot 1, Block 2, Phase 1. The application was filed by World Villages of Grapevine granting rezoning of 16.06 acres located at 3545, 3570 and 3575 Dream Gardens Way from "CC" Community Commercial District Regulations to "MXU" Mixed Use District Regulations for development of three apartment buildings and office/retail buildings. Council Member Spencer, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation with the conditions and approve the ordinance granting the rezoning. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart & Lease Nays: Freed & Coy ORDINANCE NO. 2009-38 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 OF GRAPEVINE, TEXAS, GRANTING ZONING CHANGE Z09-05 ON A TRACT OF LAND OUT OF THE JAMES GIBSON SURVEY, ABSTRACT NO. 587, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF 12 09/15/09 GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS TO"MXU"MIXED USE DISTRICT REGULATIONS CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 18. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1 , BLOCK 1 AND LOT 1, BLOCK 2, WORLD VILLAGES OF GRAPEVINE, PHASE 1 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 and Lot 1 , Block 2,World Villages of Grapevine, Phase 1. The 122.387 acre property is located north of Grapevine Mills Boulevard North and east of Farm to Market 2499. The property is being platted to build an apartment complex. Mayor Pro Tem Wilbanks, 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, Block 1 and Lot 1, Block 2, World Villages of Grapevine, Phase 1. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart & Lease Nays: Freed & Coy ITEM 19. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1 , BLOCK 3, WORLD VILLAGES OF GRAPEVINE, PHASE 3 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 3, World Villages of Grapevine, Phase 3. The 5.252 acre property is located north of Grapevine Mills Boulevard North and east of Farm to Market 2499 and is being platted to build an office/retail complex. 13 09/15/09 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 1 , Block 3, World Villages of Grapevine, Phase 3. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart & Lease Nays: Freed & Coy ITEM 20. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU09-24 LOVE AND WAR IN TEXAS Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU09-24 filed by Love and War in Texas granting a conditional use permit to amend the site plan approved by Ordinance No. 99-165, for outside dining with outdoor speakers for live music in conjunction with the operation of a restaurant. The property is located at 2505 East Grapevine Mills Circle and is zoned "CC" Community Commercial District Regulations. Council Member Freed, seconded by Council Member Coy, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Wilbanks, Stewart, Freed, Lease & Coy Nays: Tate & Spencer ORDINANCE NO. 2009-39 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 CU09-24 AMENDING THE SITE PLAN APPROVED BY ORDINANCE. NO. 99-165 TO ALLOW OUTSIDE DINING WITH OUTDOOR SPEAKERS 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 14 09/15/09 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 CU09-28 RAINBOW PLANTS This item was withdrawn during the public hearing portion of the meeting. ITEM 22. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU09-29 GRAPEVINE FORD Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU09-29 filed by Grapevine Ford granting a conditional use permit for an automotive dealership with sales and service of new and used vehicles, a 40- foot pole sign and two monument signs. The property is located at 801 East State Highway 114 and is zoned "PCD" Planned Commerce Development District. Council Member Freed, seconded by Mayor Pro Tern Wilbanks, 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. 2009-40 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 CU09-29 FOR AN AUTOMOBILE DEALERSHIP, A 40-FOOT POLE SIGN AND TWO MONUMENT SIGNS IN A DISTRICT ZONED "PCD" PLANNED COMMERCE DEVELOPMENT 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; 15 09/15/09 PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 23. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU09-30 TEXAS TOYOTA Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU09-30 filed by Texas Toyota granting a conditional use permit for an automotive dealership with sales and service of new and used vehicles and two pole signs. The subject property is located at 701 East State Highway 114 and is zoned "PCD" Planned Commerce Development District. Council Member Freed, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2009-41 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 CU09-30 FOR AN AUTOMOBILE DEALERSHIP AND TWO POLE SIGNS IN A DISTRICT ZONED"PCD"PLANNED COMMERCE DEVELOPMENT 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; 16