Loading...
HomeMy WebLinkAboutItem 13 - Minutes ITEM # STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 18th day of May, 2010 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 H. T. Hardy Assistant City Manager Matthew Boyle Assistant City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the workshop to order at 6:35 p.m. ITEM 1. REVIEW DRAFT SOLID WASTE OPTIONS SURVEY Public Works Director Matt Singleton introduced Ms. Andrea Thomas, with National Service Research, who reviewed a draft solid waste options telephone survey instrumentlmethodologywith Council. The survey will be specific to the renewal option as presented to Council and the pay-as-you-throw option requested by a group of citizens. There was no formal action taken by the City Council. ITEM 2. UPDATE MUNICIPAL COURT Administrative Services Director John McGrane highlighted the improvements in the Municipal Court and the establishment of a Municipal Court Advisory Committee that acts in the capacity of a cross divisional review and discussion committee regarding major court issues. The committee is comprised of the Municipal Court Clerk's Office, the Police Department, Municipal Court Judge's Office and the City Manager's Office. Areas of improvement are the implementation of the hand held ticket writer system, improvement in 05/18/10 internal control procedures in the Clerk's office as well as continued participation in the Teen Court Program. There was no formal action taken by the City Council. ADJOURNMENT Council Member Coy, seconded by Council Member Stewart, offered a motion to adjourn the workshop at 7:03 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 1 st day of June, 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 18th day of May, 2010 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 H. T. Hardy Assistant City Manager Matthew Boyle Assistant City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:04 p.m. ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding: (A) pending or contemplated litigation relative to Fort Worth Star telegram vs. City of Grapevine pursuant to Section 551.071, 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. City Manager Bruno Rumbelow stated there was no action necessary relative to pending or contemplated litigation or conference with City Manager and Staff under Sections 551.071 or 551.087, Texas Government Code. 05/18/10 NOTE: City Council continued with the Regular City Council meeting in open session in the City Council Chambers. ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Lease, offered a motion to adjourn the meeting at 10:04 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 1st day of June, 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 18th day of May, 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 Betty "BJ" Wilson Member Mark Lowery Member Monica Hoteiliing Member Jim Fechter Member Elaine Martin Alternate constituting a quorum, with Vice Chairman Herb Fry, Commissioner Gary Martin and Alternate Wayne Szot absent, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager Matthew Boyle Assistant City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:33 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Lowery delivered the Invocation and led the Pledge of Allegiance. 05/18/10 ITEM 1. CANVASS 2010 CITY OFFICER ELECTION Mayor Tate conducted the canvass of the City Officer Election held on Saturday, May 8, 2010. City Secretary Linda Huff reported the city has a population of 49,878 and 27,536 registered voters with 1,480 voters (5.37%) casting votes for the following candidates: Council Place 3 Mike Lease........................................... 908 Michael E. Robbins .............................. 548 Council Place 4 Darlene Freed ...................................... 1,660 City Secretary Huff recommended approval of a resolution declaring Mike Lease re-elected to Council Place 3 and Darlene Freed re-elected to Council Place 4. Mayor Pro Tern Wilbanks, seconded by Council Member Stewart, offered a motion to accept the results and adopt the resolution declaring the following officials elected: Council Place 3 Mike Lease Council Place 4 Darlene Freed The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2010-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DECLARING THE RESULTS OF THE 2010 CITY OFFICER ELECTION AND PROVIDING AN EFFECTIVE DATE ITEM 2. OATH OF OFFICE City Secretary Linda Huff administered the Oath of Office to re-elected Council Member, Place 3, Mike Lease and re-elected Council Member, Place 4, Darlene Freed. ITEM 3. PROCLAMATION MOTORCYCLE SAFETY AWARENESS MONTH Mayor Tate presented a proclamation to Mr. Geoff Wills declaring the month of May as Motorcycle Safety Awareness Month and urged all citizens to join in a concerted effort to promote awareness, mutual respect and safety on streets. ITEM 4. PUBLIC CONDITIONAL USE APPLICATION CU10-06 RACETRAC PETROLEUM Mayor Tate declared the public hearing open. 2 05/18/10 Planning & Development Manager Ron Stombaugh reported that RaceTrac Petroleum had requested to table Conditional Use Application CU10-06 requesting a conditional use permit for gasoline service and possession, storage, retail sale and off-premise consumption of alcoholic beverages (beer and wine only) and a monument sign in conjunction with a convenience store. The subject property is located at 751 East Northwest Highway and is zoned "CC" Community Commercial District Regulations. Commissioner Wilson, seconded by Commissioner Hotelling, offered a motion to table the public hearing to July 20, 2010. The motion prevailed by the following vote: Ayes: Oliver, Wilson, Lowery, Hotelling, Fechter& E. Martin Nays: None Absent: Fry, Martin & Szot Council Member Coy, seconded by Council Member Freed, offered a motion to table the public hearing to July 20, 2010. The motion prevailed by the following vote: Ayes: Tate, Wilbanics, Spencer, Stewart, Freed, Lease & Coy Nays: None Mayor Tate announced there would not be any additional notice to the adjacent property owners. ITEM 5. PUBLIC HEARING .CONDITIONAL USE APPLICATION CU10-08 BALI_ STREET JOINT VENTURE Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Conditional Use Application CU10-08 had been submitted by Ball Street Joint Venture requesting a conditional use permit to amend the site plan approved by Ordinance No. 87-70 for the development of a 13,208 square foot multi-tenant retail building, drive through restaurant and two 40 foot pole signs on property located at 1303 and 1401 William D. Tate Avenue and zoned "HC Highway Commercial District. Several existing drives will provide access to the site from West State Highway 114 service road and William D. Tate Avenue. The proposed 120 seat restaurant(20 outdoor patio seats)will have frontage and access to the drive-through from William D. Tate Avenue. Mr. Don Sopranzi and Mr_ John Evans requested favorable consideration of the application. Deliberation ensued relative to the stacking of cars for the drive through restaurant,flow of traffic through the development and the effect the entrances would have on traffic on William D. Tate Avenue. Mr. Evans noted that the proposed entrances were recommended by City Staff,there would not be any pedestrian traffic along State Highway 114 and the facade along the highway would have landscaping. 3 05/18/10 Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner E. Martin, seconded by Commissioner Fry, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Wilson, Lowery, Hotelling, Fechter & E. Martin Nays: None Absent: Fry, Martin & Szot Council Member Spencer, 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 6. PUBLIC HEARING CONDITIONAL USE APPLICATION CU10-09 WESTGATE MARKET FINAL PLAT LOT 2R, BLOCK 2R, WESTGATE ADDiTION,_REPLAT OF LOT 2 BLOCK 2R WESTGATE PLAZA AND LOT 2 T. EASTER NO. 458 ADDITION-SOUTHLAKE Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Westgate Market had filed Conditional Use Application CU10-09 and application forthe final plat of Lot 2R, Block 2R, Westgate Addition being a replat of Lot 2, Block 2R, Westgate Plaza and Lot 2, T. Easter No.458 Add ition-South lake. The conditional use permit application requests to amend the site plan approved by Ordinance No, 2007-17 for the possession, storage, retail sale and off-premise consumption of alcoholic beverages (beer and wine only)with outside dining and a 20 foot pole sign in conjunction with development of a market/deli, carwash and two greenhouses. The property is located at 2215 Westgate Plaza and is zoned "CC" Community Commercial District Regulations. The applicant proposes to develop a 3,177 square foot, single story, market/deli, a 1,600 square foot car wash and two green houses. The market/deli will have indoor and outdoor dining and sell beer and wine for off-premise consumption. The green houses will offer bedding plants and flowers. Mr. Stombaugh advised that 24.45%of the property owners within 200 feet had filed letters opposing the conditional use application, therefore it will require a 3/4 vote of the City Council for approval. Mr. James McNeely and Mr. Bill McDonnell requested favorable consideration of the application. They highlighted the overall concept of the proposed development as an old world type market with high end food, wine, beverages as well as bedding plants, flowers and a car wash. 4 05/18/10 The City Council and the Planning & Zoning Commission questioned the location and accessibility of the proposed development as well as the structure of the greenhouses, lighting adjacent to the residential development and the car wash. Mayor Tate invited guests present to comment regarding the application. The following spoke in opposition to alcohol sales, increased traffic, car wash, noise, decrease in property values and stated they believed the property was more appropriate for medical facility development: 1: Mr. David Derasaugh, 2405 Bonham Trail 2. Dr. J. Bruce Nixon, 2700 West Highway 114 3. Ms. Jill Malouf, 3131 Turtle.Creek#1201, Dallas (Eye Consultants of Texas) 4. Dr. Phillips Kirk Labor, 1643 Lancaster Drive #305 (Eye Consultants of Texas) 5, Mr. Keith Schemp, 2403 Bonham Trail 6. Ms. Elaine Cary, 2253 Cameron Crossing 7. Ms. Sheree' Belanger, 500 Alamo Trail 8. Mr. David Jones, 2409 Bonham Trail City Secretary Huff reported the Council and Commission had been copied the five letters of opposition to the application. Commissioner Wilson, seconded by Commissioner Fechter, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Wilson, Lowery, Hotelling, Fechter & E. Martin Nays: None Absent: Fry, Martin & Szot 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 7. PUBLIC HEARING, CONDITIONAL USE APPLICATIONS CU10-10 AND CU10-11 HARTNETT'S AMERICAN GRIL AND MEXICAN GRILL Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that the applicant requested to table to June 15, 2010 Conditional Use Applications CU10-10 and CU10-11 submitted by Hartnett's American Grill and Mexican Grill. The applications request a conditional use permit to amend the site plan approved by Ordinance No. 2008-70 for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer; wine and mixed beverages), outside speakers and outside dining in conjunction with two restaurants. 5 05/18/10 The subject property is located at 1265 and 1295 South Main Street and is zoned "PO" Professional Office District Regulations. Commissioner Wilson, seconded by Commissioner E. Martin, offered a motion to table the public hearing to the June 15, 2010 meeting. The motion prevailed by the following vote: Ayes: Oliver, Wilson, Lowery, Hotelling, Fechter& E. Martin Nays: None Absent: Fry, Martin & Szot Mayor Pro Tern Wilbanks, seconded by Council Member Lease, offered a motion to table the public hearing to June 15, 2010. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Mayor Tate announced there would not be any additional notice to adjacent property owners. ITEM 8. HEARING, PLANNED DEVELOPMENT OVERLAY PD10-03 TOWNHOMES OF WESTGATE Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Planned Development Overlay PD 10-03 had been submitted by Townhomes of Westgate requesting a planned development overlay to amend the site plan approved by Ordinance No. 2010-05 for the development of 22 detached townhomes. The property is located at 2300 Westgate Plaza and is zoned "R-TH"Townhouse District Regulations. The applicant proposes to develop the remaining 22 lots as a "detached" product meeting all previously agreed to standards but with a five foot separation between each townhouse. No other changes are proposed with this request. Mr. Kos Makos and Mr. Jason Rose requested favorable consideration of the application. They reviewed the proposal to complete the development. Brief discussion ensued relative to market regarding townhomes. 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 two letters of support for the application. Commissioner Lowery, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote- 6 05/18/10 Ayes: Oliver, Wilson, Lowery, Hotelling, Fechter & E. Martin Nays: None Absent: Fry, Martin & Szot Mayor Pro Tern Wilbanks, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Freed, Lease & Coy Nays: None Abstain: Stewart ITEM 9. PUBLIC HEARING FINAL PLAT LOTS 1-6 BLOCK 1 NIGHTINGALE COURT REPLAT OF LOTS 26 SHORECREST ACRES AND 2.177 ACRES OF AN UNPLATTED TRACT Mayor Tate declared the public hearing open. Senior Civil Engineer Scott Dyer reported that an application had been filed by Mr. Gary Nightingale forthe final plat of Lots 1-6, Block 1, Nightingale Court being a replat of Lot 26, Shorecrest Acres and 2.177 acres of an unplatted tract. The 2.449 acre property is located at 1869 Chris Craft Drive and is zoned "R-7.5" Single Family District Regulations. The property is being platted to divide the property into six lots. 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 E. Martin, seconded by Commissioner Hotelling, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Wilson, Lowery, Hotelling, Fechter& E. Martin Nays: None Absent: Fry, Martin & Szot 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& Zonina Conference Room to consider published business- 7 05/18/10 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 in attendance. The following items were discussed after Item 25. ITEM 9A. CITIZEN COMMENTS, MR. BRUCE RIDER Mr. Bruce Rider, 325 West Worth Street, commended the City for its preservation of history. He requested the City Council consider a rededication ceremony of the Veteran's Memorial as it has been on Main Street for ten years. He also requested that the City Council consider allowing Veterans and Boy Scouts to lead the Pledge of Allegiance at the City Council meetings. ITEM 9B. CITIZEN COMMENTS MR. ARAM AZADPOUR Mr. Aram Azadpour, P.O. Box 2644, commented on the packet of comments/requests he had submitted to the City Council on April 13, 2010. ITEM 10_ UPDATE ADAPTIVE TRAFFIC SIGNAL SYSTEM Public Works Director Matt Singleton briefed the City Council on the operation of the Adaptive Traffic Signal System that will be the first installation in Texas. He stated the traffic impact on Grapevine is in excess of 500,000 cars per day and the adaptive system Will help to manage and improve signal coordination on all major corridors, especially during off-peak hours and weekends; reduce side street delays, especially at minor intersections; and will help improve air quality by reducing vehicle idling. The construction will be done in phases: State Highway 26 (State Highway 114 to Pool Road) will be online by July 2010; Northwest Highway, State Highway 26 (Ruth Wall to Mills Mall), Bass Pro Drive will be online by September 2010; Main Street and Texan Trail will be online by October 2010; William D. Tate Avenue/Ball Street will be online by November 2010; Glade Road/Mustang Drive will be online by December 2010 and manual signal retiming (Hall-Johnson, Dove Loop, Farm to Market Road 2499 and State Highway 121) will start in September and be completed by December 2010. ITEM 11. ELECT MAYOR PRO TEM 2010-2011 Council Member Stewart, seconded by Council Member Coy, offered a motion to reappoint Shane Wilbanks as the Mayor Pro Tern for 2010-2011. The motion prevailed by the following vote: Ayes: Tate, Spencer, Stewart, Freed, Lease & Coy Nays: None Abstain: Wilbanks 8 05/18/10 ITEM 12. APPROVE,AWARD OF 35TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT STREET RECONSTRUCTION PROJECT De�uty Director of Public Works Stan Laster recommended approval of the award of the 35� Year Community Development Block Grant (CDBG) Street Reconstruction Project to Stabile&Winn, Inc. in the amount of$235,879.50 and authorization for Staff to forward the approval recommendation to Tarrant County officials. Grapevine's funding participation is $85,714.68 with CDBG funding for the project in the amount of$173,752.77. The project consists of street reconstruction of the 500 and 800 blocks of East Worth Street with a new asphalt roadway section with concrete curb and gutter. 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 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 13. _Second and Final Reading, Ordinance No. 2010-18, Conditional Use Application .CU 10-05 Grapevine Lawn Equipment Center Development Services Director recommended approval of the second and final reading of Ordinance No. 2010-18 approving Conditional Use Application CU10-05 filed by Grapevine Lawn Equipment Center granting a conditional permit for sales, service and outside storage of lawn equipment on property located at 204 West Dallas Road. The property is zoned "LI" Light Industrial District. 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 ORDINANCE NO. 2010-18 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 9 05/18/10 THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU10-05 FOR SALES, SERVICE AND OUTDOOR STORAGE OF LAWN EQUIPMENT IN A DISTRICT ZONED "LI" LIGHT INDUSTRIAL DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING. ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS;AND PROVIDING AN EFFECTIVE DATE Item 14. Authorize Monthly Rental Contract, DS3 Circuit Assistant City Manager recommended approval of authorizing the monthly rental contract for a DS3 Circuit for the City's computer network system from Qwest Communications through a contract established by the State of Texas Department of Information Resources in the annual amount of$45,732.00. 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 Item 15. Authorize Purchase, CATS Outdoor and IMSA Traffic Signal Cable Public Works Director recommended approval of the purchase of CAT5 Outdoor and IMSA Traffic Signal Cable forthe Adaptive Traffic Signal Control System from Traffic Signal, Inc. in the amount not to exceed $44,165.00. 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 Item 16. Resolution, Amend Golf Course Concession Agreement, PRP„Food Service, Inc. 10 05/18/10 Administrative Services Director recommended approval of a resolution amending the Golf Course Concession Agreement with PRP Food Service, Inc. to delete the Concourse Meeting Facility from the agreement and bring the building under the City's control. 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. 2010-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE GOLF COURSE CONCESSION AGREEMENT AND PROVIDING AN EFFECTIVE DATE Item 17. Consideration of Minutes City Secretary recommended approval of the minutes of the May 4 and 11, 2010 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 The following items were discussed after Item 9. ITEM 18. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU10-08 BALL STREET JOINT VENTURE Chairman Larry Oliver reported the Planning &Zoning Commission voted 5-1 for approval of Conditional Use Application CU10-08 filed by Ball Street Joint Venture granting a conditional use permit to amend the site plan approved by Ordinance No. 87-70 for the development of a multi-tenant retail building, drive through restaurant and two 40 foot pole signs on property located at 1303 and 1401 William D. Tate Avenue and zoned "HC" Highway Commercial District. 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: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 11 05/18/10 ORDINANCE NO. 2010-19 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 CU10-08 AMENDING THE SITE PLAN APPROVED BY ORDINANCE NO. 87-07 FOR THE DEVELOPMENT OF A MULTI-TENANT RETAIL BUILDING,A RESTAURANT WITH DRIVE-THROUGH SERVICE AND OUTSIDE DINING, AND TWO 40-FOOT POLE SIGNS 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 CU10-09 WESTGATE MARKET Chairman Oliver reported the Planning & Zoning Commission voted 6-0 for denial of Conditional Use Application CU10-09 filed by Westgate Market to amend the site plan approved by Ordinance No, 2007-17 for the possession, storage, retail sale and off- premise consumption of alcoholic beverages (beer and wine only)with outside dining and a 20 foot pole sign in conjunction with development of a market/deli, carwash and two greenhouses. The property is located at 2215 Westgate Plaza and is zoned "CC" Community Commercial District Regulations. Council Member Freed, seconded by Mayor Pro Tern Wilbanks,offered a motion to accept the Commission's recommendation for denial of the conditional use permit. The motion prevailed by the following vote: 12 05/18/10 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 20_ PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT, LOT 2R,- BLOCK 2R, WESTGATE ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 6-0 for denial of the Statement of Findings and the final plat of Lot 2R, Block 2R,Westgate Addition. The 1.593 acre property is located at 2215 Westgate Market. The property is zoned "CC"Community Commercial District Regulations. Council Member Spencer, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation for denial of the Statement of Findings and the final plat of Lot 2R, Block 2R, Westgate Addition. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 21. PLANNING & ZONING COMMISSION RECOMMENDATION PLANNED DEVELOPMENT OVERLAY PD10-03 TOWNHOMES OF WESTGATE Chairman Oliver reported the Planning & Zoning Commission voted 6-0 for approval of Planned Development Overlay PD10-03 filed by Townhomes of Westgate granting a planned development overlay to amend the site plan approved by Ordinance No. 2010-05 for the development of 22 detached townhomes. The property is located at 2300 Westgate Plaza and is zoned "R-TH Townhouse District Regulations. Council Member Freed, seconded by Council Member Lease, offered a motion to accept the Commission's recommendation and approve the ordinance granting the planned development overlay. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Freed, Lease & Coy Nays: None Abstain: Stewart ORDINANCE NO. 2010-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE,TEXAS ISSUING A PLANNED DEVELOPMENT OVERLAY IN ACCORDANCE WITH SECTION 41 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 PLANNED DEVELOPMENT OVERLAY PD10-03 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2010-05 FOR THE 13 05/18/10 DEVELOPMENT OF 22 DETACHED TOWNHOMES 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 PLANNED DEVELOPMENT OVERLAY 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 22. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT LOTS 1-6, BLOCK 1, NIGHTINGALE COURT Chairman Oliver reported the Planning &Zoning Commission voted 6-0 for approval of the Statement of Findings and the preliminary plat of Lots 1-6, Block 1, Nightingale Court. The 2.449 acre property is located at 1869 Chris Craft Drive and is being platted to divide the property into six lots. Council Member Coy, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the preliminary plat of Lots 1-6, Block 1, Nightingale Court. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 23. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT, LOTS 1-6, BLOCK 1, NIGHTINGALE COURT Chairman Oliver reported the Planning &Zoning Commission voted 6-0 for approval of the Statement of Findings and the final plat of Lots 1-6, Block 1, Nightingale Court. The 2.449 acre property is located at 1869 Chris Craft Drive and is being platted to divide the property into six lots. Mayor Pro Tem Wilbanks, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation and approve the Statement of Findings. The 2.449 acre property is located at 1869 Chris Craft Drive and is being platted to divide the property into six lots. The motion prevailed by the following vote: 14 05/18/10 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 24. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT, LOTS 1 AND 2, BLOCK 1,_FOX ADDITION Chairman Oliver reported the Planning&Zoning Commission voted 6-0 for approval of the Statement of Findings and preliminary plat of Lots 1 and 2, Block 1, Fox Addition. The 8.527 acre property is located at 4302 Heritage Avenue and is being platted to build a single family residence on Lot 2 with an existing home remaining on Lot 1. Council Member Stewart, seconded by Council Member Coy, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the preliminary plat of Lots 1 and 2, Block 1, Fox Addition. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 25. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT, LOT 2, BLOCK 1, FOX ADDITION Chairman Oliver reported the Planning &Zoning Commission voted 6-0 for approval of the Statement of Findings and the final plat of Lot 2, Block 1, Fox Addition. The 0.831 acre property is located at 4302 Heritage Avenue and is being platted to build a single family residence. 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 2, Block 1, Fox Addition. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Lease, offered a motion to adjourn the meeting at 10:04 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 1 st day of June, 2010. 15 05/18/10 APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary 16