Loading...
HomeMy WebLinkAbout2009-02-17 Joint Meeting AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING WORKSHOP TUESDAY, FEBRUARY 17, 2009 AT 7:00 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER 1. Monthly Financial Update. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at(817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Special City Council Meeting Workshop Agenda was prepared and posted on this the 13th day of February, 2009 at 5:00 p.m. Lr'd. Huff Os City Secretary 4w STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 17th day of February, 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 H. T. Hardy Assistant City Manager John F. Boyle, Jr. City Attorney +0,0,PJ Linda Huff City Secretary CALL TO ORDER Mayor Tate called the workshop to order at 7:20 p.m. ITEM 1. SALES TAX REPORT AND FINANCIAL UPDATE Administrative Services Director John McGrane reviewed the Monthly Financial Update noting that sales taxes are down as compared to last year. He reviewed the budget contingency action plan that would place capital improvements on hold, implement a hiring freeze, review of any purchase over$2,000.00 and departmental budget reductions. He noted that Grapevine's unemployment rate continues to be below 5%. 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 7:35 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 02/17/09 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 3rd day of March, 2009. APPROVED: 4%Sk. -- William D. Tate Mayor ATTEST: ' et-f-4-4w7,1441 Linda Huff City Secretary orm 2 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL WWI PLANNING & ZONING COMMISSION MEETING TUESDAY, FEBRUARY 17, 2009 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE: Commissioner Herb Fry JOINT PUBLIC HEARINGS 1. City Council and Planning &Zoning Commission to conduct a public hearing relative to Zoning Application Z08-13 and the application for the final plat of Lots 1 RA and 2R, Block 3, Lots 2R, 3, 4 and 5, Block 4, Grapevine Station being a replat of Lots 1R, 2, 4 and 5, Block 3 and Lot 2, Block 4, Grapevine Station. The applications were filed by Westwood Group requesting rezoning of approximately 15.98 acres from "BP" Business Park District and "CC" Community Commercial District Regulations to "MXU" Mixed Use Development for an apartment complex, office space and retail/office space. The subject property is located at 1020, 1022, 1024, 1028 and 1030 Texan Trail. (Item was tabled at the January 20, 2009 meeting.) 2. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU08-35 filed by Westwood Group requesting a conditional use permit to amend the site plan approved by Ordinance No. 2005-46 to reduce the planned business park for development of a multifamily complex. The subject property is located at 1026, 1034, 1038, 1044, 1046, 1048, 1050, 1052, 1054 and 1056 Texan Trail and is zoned "BP" Business Park District. (Item was tabled at the January 20, 2009 meeting.) 3. City Council and Planning &Zoning Commission to conduct a public hearing relative to Special Use Application SU08-06 filed by Chesapeake Energy requesting a special use permit for gas well drilling on property located at 2720 North Grapevine Mills Boulevard. The subject property is zoned "HCO" Hotel and Corporate Office District. (Applicant has requested to withdraw without prejudice.) 4. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU09-01 and Special Use Application SU09-01 filed by Tilted Kilt. The conditional use application requests to amend the site plan approved by Ordinance No. 2003-31 to amend the existing floor plan of a restaurant with the possession, storage, retail sale and on premise consumption of alcoholic .4 beverages(beer, wine and mixed beverages), add outside dining and a 40 foot pole sign. The special use application requests to allow one pool table. The subject property is located at 1041 West State Highway 114 and is zoned "CC" Community Commercial District Regulations. MOO 5. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU09-02 and Planned Development Overlay PD09- 01 filed by Grapevine Bluffs Personal Care Facility. The conditional use application requests a personal care facility with 153 beds and increased building height. The planned development overlay application requests a deviation from but not limited to front yard setback. The subject property is located at 2451 West Grapevine Mills Circle and is zoned "CC" Community Commercial District Regulations. 6. City Council and Planning &Zoning Commission to conduct a public hearing relative to the application filed by Brittain &Crawford for the final plat of Lot 1R and Tract 1, Block 4, Original Town of Grapevine being a replat of Lot 1, Block 4, Original Town of Grapevine. The subject 0.277 acre tract is located at 520 South Main Street and is zoned "CBD" Central Business District. END OF JOINT PUBLIC HEARINGS Planning & Zoning Commission to recess to Planning & Zoning Commission Conference Room, Second Floor to consider published agenda items. City Council to remain in session in the Council Chambers to consider published business. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at(817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Regular Joint City Council and Planning & Zoning Commission Meeting Agenda was prepared and posted on this the 13th day of February, 2009 at 5:00 p.m. digt, ,, _ A.%. / — Linea Hu 4 City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, FEBRUARY 17, 2009 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CITIZEN COMMENTS NEW BUSINESS 7. Consider a Temporary Use Permit for a Big Top Circus at Grapevine Mills Parkway and take any necessary action. 8. Consider an ordinance amending the Grapevine Code of Ordinances Chapter 7 Buildings and Construction and Chapter 25 Utilities and Services relative to irrigation systems and take any necessary action. 9. Consider award of a contract to Ed Bell Construction Company for the Euless Grapevine Road/Stone Myers Parkway Construction and take any necessary action. 10. Consider a resolution authorizing an Interim Investment Program and take any necessary action. 11. Consider approval of the City's Investment Policy pursuant to the Public Funds Investment Act and take any necessary action. 12. Consider award of a contract to DH Marketing/Federal Signal for the purchase and installation of an outdoor warning system and take any necessary action. CONSENT AGENDA Consent items are deemed to need little Council deliberation and will be acted upon as one business item. Any member of the City Council or member of the audience may request that an item be withdrawn from the consent agenda and placed before the City Council for full discussion. Approval of the consent agenda authorizes the City Manager, or his designee, to implement each item in accordance with Staff recommendations. 13. Consider the request submitted by Park Row Lighting for Conditional Use Permit CU07-39 for a one-year extension to expire on January 15, 2010 for a Planned Commercial Center on property located at 2850 North State Highway 121. Development Services Director recommends approval. 14. Consider the request submitted by Gaylord Entertainment for Conditional Use Permit CU08-01 for a one-year extension to expire on March 25, 2010 for expansion of the hotel and convention center and for Conditional Use Permit CU08-17 for a one-year extension to expire on September 16, 2010 for a resort pool complex and event pavilion on property located at 1501 Gaylord Trail. Development Services Director recommends approval. 15. Consider award of a contract to Facility Solutions Group for Wastewater Treatment Plant Control Panel Improvements. Public Works Director recommends approval. 16. Consider a resolution authorizing the donation of 26 computers to the Chico Independent School District. Information Technology Director recommends approval. 17. Consider renewal of Bid 240-2005 Traffic Materials and Supplies Annual Contracts to Vulcan, Inc.; 3M Company; Consolidated Traffic; Naztec, Inc.; Hall Signs and Roadrunner Traffic. Public Works Director recommends approval. 18. Consider authorizing a purchase order for Mesh Network for the Police Command Vehicle to Motorola Inc. through an existing HGAC contract. Police Chief recommends approval. 19. Consider a resolution supporting Regional Rail as a vital element of the Long Range Metropolitan Transportation Plan to address congestion and air quality throughout the Dallas/Fort Worth Region. Public Works Director recommends approval. 20. Consider moving the March 17, 2009 Joint City Council and Planning & Zoning Commission meeting to Tuesday, March 24, 2009. City Secretary recommends approval. 21. Consider the minutes of the February 3, 2009 City Council meetings as published. City Secretary recommends approval. Pursuant to the Texas Open Meetings Acts, Texas Government Code, Chapter 551.001 et seq, one or more of the above items may be considered in Executive Session closed to the public. Any decision held on such matter will be taken or conducted in open session following the conclusion of the executive session. PLANNING & ZONING COMMISSION RECOMMENDATIONS 22. Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z08-13 (Westwood Group) and a subsequent ordinance, if applicable. 23. Consider the recommendation of the Planning &Zoning Commission relative to the final plat of Lots 1 RA, 2R, Block 3, Lots 2R, 3, 4 and 5, Block 4, Grapevine Station A and take any necessary action. 24. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU08-35 (Westwood Group) and a subsequent ordinance, if applicable. 25. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU09-01 (Tilted Kilt) and a subsequent ordinance, if applicable. 26. Consider the recommendation of the Planning & Zoning Commission relative to Special Use Application SU09-01 (Tilted Kilt) and a subsequent ordinance, if applicable. 27. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU09-02 (Grapevine Bluffs Personal Care Facility)and a subsequent ordinance, if applicable. 28. Consider the recommendation of the Planning & Zoning Commission relative to Planned Development Overlay PD09-01 (Grapevine Bluffs Personal Care Facility) and a subsequent ordinance, if applicable. 29. Consider the recommendation of the Planning &Zoning Commission relative to the final plat of Lot 1R and Tract 1, Block 4, Original Town of Grapevine and take any necessary action. 30. Consider the recommendation of the Planning &Zoning Commission relative to the preliminary plat of Lots 1 and 2, Block 1, Hartnett Addition and take any necessary action. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at(817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Regular City Council Meeting Agenda was prepared and posted on this the 13th day of February, 2009 at 5:00 p.m. _. . Lind- Huff City Secretary AGENDA CITY OF GRAPEVINE SPECIAL BRIEFING SESSION PLANNING & ZONING COMMISSION TUESDAY, FEBRUARY 17, 2009 AT 7:00 P.M. PLANNING & ZONING CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER WORK SESSION 1. Planning & Zoning Commission to conduct a briefing session to discuss items scheduled to be heard in the February 17, 2009 public hearing. ADJOURNMENT If you plan to attend this briefing session and you have a disability that requires special arrangements at the meeting, please contact the office of Development Services at (817) 410-3154 at least 24 hours in advance. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et. seq. Acts of the 1993 Texas Legislature, the Planning and Zoning Commission Briefing Session Agenda was prepared and posted on this the 13th day of February, 2009 at 5:00 p.m. i 4 A..,� Linea Huff City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, FEBRUARY 17, 2009 AT 7:30 P.M. PLANNING & ZONING COMMISSION CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET NEW BUSINESS 1. Consider the Zoning Application Z08-13 (Westwood Group) and make a recommendation to the City Council. 2. Consider the final plat of Lots 1 RA, 2R, Block 3, Lots 2R, 3, 4 and 5, Block 4, Grapevine Station and make a recommendation to the City Council. 3. Consider Conditional Use Application CU08-35 (Westwood Group) and make a recommendation to the City Council. 4. Consider Conditional Use Application CU09-01 (Tilted Kilt) and make a recommendation to the City Council. 5. Consider Special Use Application SU09-01 (Tilted Kilt) and make a recommendation to the City Council. 6. Consider Conditional Use Application CU09-02 (Grapevine Bluffs Personal Care Facility) and make a recommendation to the City Council. 7. Consider Planned Development Overlay PD09-01 (Grapevine Bluffs Personal Care Facility) and make a recommendation to the City Council. 8. Consider the final plat of Lots 1R and Tract 1, Block 4, Original Town of Grapevine and make a recommendation to the City Council. 9. Consider the preliminary plat of Lots 1 and 2, Block 1, Hartnett Addition and make a recommendation to the City Council. CONSIDERATION OF MINUTES 10. Consider the minutes of the January 20, 2009 Planning & Zoning Commission meetings and take any necessary action. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at(817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Regular Planning & Zoning Commission Meeting Agenda was prepared and posted on this the 13th day of February, 2009 at 5:00 p.m. AsP A`". Linda Huff City Secretary 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 17th day of February, 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 Betty "BJ" Wilson Member Mark Lowery Member Monica Hotelling Member Jim Fechter Member Gary Martin Member Wayne Szot Alternate constituting a quorum, with Vice Chairman Herb Fry and Alternate Elaine Martin absent, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:45 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Szot delivered the Invocation and led the Pledge of Allegiance. 02/17/09 ITEM 1. PUBLIC HEARING, ZONING APPLICATION Z08-13 WESTWOOD GROUP FINAL PLAT OF LOTS 1 RA AND 2R, BLOCK 3, LOTS 2R, 3, 4 AND 5, BLOCK 4, GRAPEVINE STATION, REPLAT OF LOTS 1R, 2, 4 AND 5, BLOCK 3 AND LOT 2, BLOCK 4, GRAPEVINE STATION Mayor Tate declared the public hearing open. Planning& Development Manager Ron Stombaugh reported that the Westwood Group had filed Zoning Application Z08-13 and the application for the final plat of Lots 1 RA and 2R, Block 3, Lots 2R, 3, 4 and 5, Block 4, Grapevine Station being a replat of Lots 1 R, 2, 4 and 5, Block 3 and Lot 2, Block 4, Grapevine Station. The zoning application requests rezoning of approximately 15.98 acres from "BP" Business Park District and "CC" Community Commercial District Regulations to "MXU" Mixed Use Development for an apartment complex, office space and retail/office space. The subject property is located at 1020, 1022, 1024, 1028 and 1030 Texan Trail. Mr. Stombaugh reported the applicant has submitted a request to table the application. Mr. Gary Hazelwood requested the application be tabled to allow him an opportunity to explain the proposed project to those individuals in opposition as he has been made aware that misinformation regarding the project has been spread among local residents. Planning & Zoning Commissioners voted 7-0 for the public hearing to be held as many of the local residents were present and Mr. Hazelwood would have the opportunity to factually present his project. City Attorney John F. Boyle, Jr. advised that the Council could vote to table or conduct the public hearing, but that the Planning & Zoning Commission would hold the public hearing as posted tonight. Council Member Stewart offered a motion to table the public hearing. Following discussion that the Council would be hearing the public hearing tonight as the Commission had voted to conduct the public hearing, the motion failed for lack of a second. Mayor Tate declared the joint public hearing would be conducted. Mr. Hazelwood and Mr. Matt Harris requested favorable consideration of the application. They stated the project would include office, retail, commercial and residential uses. The residential portion will be a four-story building containing 369 luxury apartment homes. The main entry to the development will be from Texan Trail with the retail and office buildings fronting on Texan Trail and the residential building at the back of the development. Residential surface parking will be on the west side of the building with a five-story enclosed parking garage surrounded by the apartment building. Along the west side of the property, neighborhood residents will be given 15-20 foot screening trees, and a masonry wall will be installed between the single family neighbors and the apartment community. The residential building will be set back 75 feet from the western property line. It was 2 02/17/09 noted the retail buildings would be at a 360 degree elevation and the development would be accessible to all citizens. The Council and Commission questioned the time frame for construction of the proposed project. Mr. Hazelwood responded the estimated start date for the residential would be March 2009 and a projected finish date of May 2011 and that the retail buildings will be market driven. Mayor Tate invited guests present to comment regarding the application. The following spoke in opposition to the application: Mr. Barry Conklin, 914 East Texas Street Mr. Mike Cevey, 834 East Worth Street Mr. Bill Crabtree, 905 East Worth Street Mr. Gary C. Evans, 1048 Texan Trail (GreenHunter Energy, Inc.) Mr. Phillip Teer, 924 East Worth Street They expressed opposition to the height and elevation of the project, too close to the residential neighborhood, concern about residential buffer and blocking of sunlight, belief that the proposal is in direct conflict with the City's Master Plan, project is too large and obtrusive and would impact the continuance of the residential life style. Opposition was expressed relative to a multifamily development in an office/retail complex. The following spoke in support of the application: Mr. Jim Striegel, 4108 Napa Court, Flower Mound Mr. Ev Barnes, 315 Drexel Drive Mr. Dan Wineberger, 2826 Cripple Creek Trail They stated their support of the high end project that would generate additional business and customers for Grapevine. City Secretary Huff reported the Council and Commission had been copied the letters and petitions containing 23 signatures supporting and 121 signatures opposing the applications. The total percent of property in opposition within 200 feet is 23.63 percent; therefore a 3/4 vote of the City Council is required for approval of the application. Commissioner Wilson, seconded by Commissioner Szot, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Wilson, Lowery, Hotelling, Fechter, Martin & Szot Nays: None Absent: Fry 3 02/17/09 Mayor Pro Tern Wilbanks, seconded by Council Member Spencer, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 2. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU08-36 WESTWOOD GROUP Mayor Tate declared the public hearing open. Planning& Development Manager Stombaugh reported Conditional Use Application CU08- 35 had been filed by Westwood Group requesting a conditional use permit to amend the site plan approved by Ordinance No. 2005-46 to reduce the planned business park for development of a multifamily complex. The subject property is located at 1026, 1034, 1038, 1044, 1046, 1048, 1050, 1052, 1054 and 1056 Texan Trail and is zoned "BP" Business Park District. Mr. Stombaugh advised that this application is associated with the previous case and if that case does not pass, there would not be any reason to consider the current item. Commissioner Hotelling, 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, Martin & Szot Nays: None Absent: Fry Council Member Freed, 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 3. PUBLIC HEARING, SPECIAL USE APPLICATION SU08-06 CHESAPEAKE ENERGY Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported the applicant had requested to withdraw without prejudice Special Use Application SU08-06 filed by Chesapeake Energy requesting a special use permit for gas well drilling on property located at 2720 North Grapevine Mills Boulevard. The subject property is zoned "HCO" Hotel and Corporate Office District. Commissioner Fechter, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: 4 02/17/09 Ayes: Oliver, Wilson, Lowery, Hotelling, Fechter, Martin & Szot Nays: None Absent: Fry Council Member Freed, seconded by Council Member Spencer, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RECESS AND RECONVENE Mayor Tate announced the City Council and the Planning & Zoning Commission would take a brief recess. Upon reconvening in the Council Chambers, all members of the City Council and the Planning & Zoning Commission were present. ITEM 4. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU09-01 AND SPECIAL USE APPLICATION SU09-01 TILTED KILT Mayor Tate declared the public hearing open. Planning& Development Manager Stombaugh advised Conditional Use Application CU09- :., 01 and Special Use Application SU09-01 had been filed by Tilted Kilt. The conditional use application requests to amend the site plan approved by Ordinance No. 2003-31 to amend the existing floor plan of a restaurant with the possession, storage, retail sale and on premise consumption of alcoholic beverages (beer, wine and mixed beverages), outside dining and a 40 foot pole sign. The special use application requests to allow one pool table. The subject property is located at 1041 West State Highway 114 and is zoned "CC" Community Commercial District Regulations. Mr. Stombaugh advised there would be seating for 59 on the outside patio and overall seating in the restaurant for 246. Ms. Kristin Cronhardt requested favorable consideration of the application noting that the Tilted Kilt is a Celtic sports venue with at least 60% food sales. There were no questions from the City Council or Commission. Mayor Tate invited guests present to comment regarding the application. Mr. Greg Sippel and Ms. Laura Pitzer, representing Outback Steakhouse, 1031 State Highway 114 West, expressed their opposition to the outside dining patio and noise. Mr. Mike Stevens, representing the Tilted Kilt, stated there would not be any outside speakers, or music, but there would be two televisions. 5 02/17/09 City Secretary Huff reported the Council and Commission had been copied the 19 letters of opposition to the application. Commissioner Martin, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Wilson, Lowery, Hotelling, Fechter, Martin & Szot Nays: None Absent: Fry Council Member Lease, seconded by Council Member Spencer, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 5. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU09-02 AND PLANNED DEVELOPMENT OVERLAY PD09-01 GRAPEVINE BLUFFS PERSONAL CARE FACILITY Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh advised Conditional Use Application CU09- """` 02 and Planned Development Overlay PD09-01 had been filed by Grapevine Bluffs Personal Care Facility. The conditional use application requests a personal care facility with 113 rooms with 153 beds and increased building height due to the topography of the site. The planned development overlay application requests a deviation from but not limited to reducing the front yard setback from 25 to 15 feet due to the topography. The subject property is located at 2451 West Grapevine Mills Circle and is zoned "CC" Community Commercial District Regulations. Mr. Roger Davis and Mr. Mark Stewart requested favorable consideration of the application. They stated there would be no clear cutting of trees and that the facility would be a green energy efficient building. It would be 180 feet from the nearest structure with a 360 degree façade. Proposed is a split level building with five stories planned for the northern side of the site and four stories on the southern half of the site. The high quality facility would provide food and shelter, personal care services, social and recreation services, transportation and some minor medical treatment services for residents age 62 and older. Discussion ensued relative to the services that would be provided as there would not be a 24 hour on-site medical staff and there would not be a commercial kitchen. Mr. Davis responded that there would be a wellness/activity/social director and an exam room for doctors to visit the residents. He also noted that meals would be catered by local restaurants and the residents could choose to dine in the dining room, or prepare their meals in their own apartment kitchen. ..., . 6 02/17/09 Mayor Tate invited guests present to comment regarding the application. The following spoke in opposition to the proposed application: Mr. Jerry L. Pittman, 2627 Eagle Drive Ms. Mary Ann Higgins, 2610 Eagle Circle Mr. Wayne Alexander, 2606 Eagle Circle Mr. John Gary, 2617 Eagle Drive Ms. Laurel Geise, 2633 Eagle Drive Mr. John Aflatouni, 3405 Windsor Court, Colleyville They were opposed to the proposed development due to the five story height of the building, density, affect the construction will have on the trees, lack of sunlight due to building height, drainage and erosion problems, traffic and parking on the site and decline in property values. 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, Martin & Szot Nays: None Absent: Fry 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 6. PUBLIC HEARING, FINAL PLAT LOT 1R AND TRACT 1, BLOCK 4, ORIGINAL TOWN OF GRAPEVINE, REPLAT OF LOT 1, BLOCK 4, ORIGINAL TOWN OF GRAPEVINE Mayor Tate declared the public hearing open. Senior Civil Engineer Scott Dyer reported that Brittain & Crawford had filed an application for the final plat of Lot 1R and Tract 1, Block 4, Original Town of Grapevine being a replat of Lot 1, Block 4, Original Town of Grapevine. The subject 0.277 acre tract is located at 520 South Main Street and is zoned "CBD"Central Business District. The property is being platted to separate ownership of the existing parking lot from the calaboose. There were no questions from the City Council or the Planning & Zoning Commission. 7 02/17/09 Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Martin, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Wilson, Lowery, Hotelling, Fechter, Martin & Szot Nays: None Absent: Fry Council Member Spencer, 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 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 7. TEMPORARY USE PERMIT, BIG TOP CIRCUS Development Services Director Scott Williams recommended approval of a Temporary Use Permit for a Big Top Circus at Grapevine Mills Mall, 3000 Grapevine Mills Parkway from March 20-23, 2009. Motion by Council Member Freed, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 8. ORDINANCE, AMEND CHAPTER 7 BUILDINGS AND CONSTRUCTION AND CHAPTER 25 UTILITIES AND SERVICES Development Services Director recommended approval of an ordinance amending the Grapevine Code of Ordinances Chapter 7 Buildings and Construction and Chapter 25 Utilities and Services relative to irrigation systems. The amendments would bring the City's design and installation of irrigation systems in compliance with the rules and regulations adopted by the Texas Commission on Environmental Quality during the 80th Texas MOW Legislature. 8 02/17/09 Motion by Council Member Freed, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2009-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE CODE OF ORDINANCES CHAPTER 7 BUILDINGS AND CONSTRUCTION, ARTICLE XII IRRIGATION CODE; IN ADDITION TO AMENDING CHAPTER 25 UTILITIES AND SERVICES, SECTIONS 25-147 AND 25-148; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY, NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH SEPARATE OFFENSE 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 9. AWARD CONTRACT, ED BELL CONSTRUCTION COMPANY, EULESS GRAPEVINE ROAD/STONE MYERS PARKWAY Public Works Director Matt Singleton recommended approval of the award of a contract to Ed Bell Construction Company in the amount of$5,585,632.90 for the Euless Grapevine Road/Stone Myers Parkway Construction project. The scope of the project is the reconstruction and widening of Euless Grapevine Road from State Highway 360 north to Westport Parkway from a two-lane rural roadway to a four-lane urban roadway with underground storm drainage, curb and gutter and the widening of the bridge crossing Big Bear Creek, and the construction of a new four-lane urban roadway extending from the current intersection of Stone Myers Parkway at Prospect Parkway north across DFW Airport property and intersecting with Mustang Drive. A new 12" waterline will be constructed with the Stone Myers Parkway segment of the project to improve the water network in the area. Funds will be 40% from the City and 60% from the North Central Texas Council of Governments. 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 10. RESOLUTION, INTERIM INVESTMENT PROGRAM 9 02/17/09 Administrative Services Director John McGrane recommended approval of a resolution authorizing an Interim Investment Program. The program will allow the Administrative Services Director authority to open City bank accounts at local banks for the purpose of purchasing short-term investments, when rates are advantageous to comparable term State Investment Pool investments. The program will be open to all local banks. Motion by Council Member Stewart, seconded by Mayor Pro Tem Wilbanks,to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2009-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS APPROVING A PROGRAM TO OPEN BANK ACCOUNTS FOR THE PURPOSE OF PURCHASING INTERIM SHORT-TERM INVESTMENTS THAT WILL OFFER RATES TO A PREMIUM OVER STATE INVESTMENT POOLS AND PROVIDING AN EFFECTIVE DATE ITEM 11. APPROVE CITY'S INVESTMENT POLICY Administrative Services Director McGrane recommended approval of the City's Investment Policy pursuant to the Public Funds Investment Act. He recommended one change to the Investment Policy that does not affect the fundamental nature of this policy which is for a stable and conservative investment policy to safeguard the City's funds. The change is on Page 10 - 11 —Allowable Collateral and Policy "To change the collateralization level of market value of principal and accrued interest on deposits and investments to more accurately reflect current market trends." Motion by Council Member Freed, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 12. AWARD CONTRACT, DH MARKETING/FEDERAL SIGNAL, OUTDOOR WARNING SYSTEM Emergency Management Coordinator Carrie Little recommended approval of the award of a contract to DH Marketing/Federal Signal in the amount of$335,480.20 for the purchase and installation of an outdoor warning system. The upgrade includes replacement of nine existing sirens, installation of additional sirens to improve siren coverage within the City, 10 02/17/09 implementation of a new computer controller, and integration of a battery back-up system to allow for siren system operation during utility outages. Motion by Mayor Pro Tem Wilbanks, 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. Extend Conditional Use Permit CU07-39, Park Row Lighting Development Services Director recommended approval of the request submitted by Park Row Lighting for Conditional Use Permit CU07-39 for a one-year extension to expire on January 15, 2010 for a Planned Commercial Center on property located at 2850 North State Highway 121. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 14. Extend Conditional Use Permit CU08-01 and Conditional Use Permit CU08- 17, Gaylord Entertainment Development Services Director recommended approval of the request submitted by Gaylord Entertainment for Conditional Use Permit CU08-01 for a one-year extension to expire on March 25, 2010 for expansion of the hotel and convention center and for Conditional Use Permit CU08-17 for a one-year extension to expire on September 16, 2010 for a resort pool complex and event pavilion on property located at 1501 Gaylord Trail. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 11 02/17/09 Item 15. Award Contract, Facility Solutions Group, Wastewater Treatment Plant Control Panel Improvements Public Works Director recommended approval of the award of a contract to Facility Solutions Group for the total amount of $67,545.00 for Wastewater Treatment Plant Control Panel Improvements. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 16. Resolution, Authorize Donation of Computers, Chico Independent School District Information Technology Director recommended approval of a resolution authorizing the donation of 26 computers to the Chico Independent School District. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2009-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, DECLARING CERTAIN PROPERTY SURPLUS AND/OR SALVAGE; PROVIDING FOR THE DONATION OF SAID PROPERTY TO THE CHICO INDEPENDENT SCHOOL DISTRICT AND PROVIDING AN EFFECTIVE DATE Item 17. Renew Bid 240-2005 Traffic Materials Public Works Director recommended approval of the renewal of Bid 240-2005 Traffic Materials and Supplies Annual Contracts to Vulcan, Inc.; 3M Company; Consolidated Traffic; Naztec, Inc.; Hall Signs and Roadrunner Traffic. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 12 02/17/09 Item 18. Authorize Purchase, Motorola Inc., Mesh Network, Police Command Vehicle Police Chief recommended approval of authorizing a purchase order for Mesh Network in the amount of $24,804.00 for the Police Command Vehicle to Motorola Inc. through an existing HGAC contract. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 19. Resolution, Support Regional Rail Public Works Director recommended approval of a resolution supporting Regional Rail as a vital element of the Long Range Metropolitan Transportation Plan to address congestion and air quality throughout the Dallas/Fort Worth Region. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2009-07 A RESOLUTION OF THE CITY OF GRAPEVINE CITY COUNCIL EXPRESSING SUPPORT FOR REGIONAL RAIL AS A VITAL ELEMENT OF THE LONG RANGE METROPOLITAN TRANSPORTATION PLAN TO ADDRESS CONGESTION AND AIR QUALITY THROUGHOUT THE DALLAS/FORT WORTH REGION AND PROVIDING AN EFFECTIVE DATE Item 20. Move Second Meeting in March City Secretary recommended moving the March 17, 2009 Joint City Council and Planning& Zoning Commission meeting to Tuesday, March 24, 2009 due to the Grapevine-Colleyville Independent School District spring break. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 13 02/17/09 Item 21. Consideration of Minutes City Secretary recommended approval of the minutes of the February 3, 2009 City Council meetings as published. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RECESS AND RECONVENE Mayor Tate announced the City Council would take a brief recess. Upon reconvening in the Council Chambers, all member of the City Council were present. ITEM 22. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z08-13 WESTWOOD GROUP Chairman Oliver reported the Planning & Zoning Commission voted 7-0 to approve the Westwood Group's request to withdraw without prejudice Zoning Application Z08-13 requesting rezoning of approximately 15.98 acres from "BP" Business Park District and me* "CC" Community Commercial District Regulations to"MXU" Mixed Use Development for an apartment complex, office space and retail/office space. The subject property is located at 1020, 1022, 1024, 1028 and 1030 Texan Trail. Council Member Freed, seconded by Mayor Pro Tern Wilbanks,offered a motion to accept the Commission's recommendation to approve the withdrawal without prejudice of the application. 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 RA, 2R, BLOCK 3, LOTS 2R, 3, 4 AND 5, BLOCK 4, GRAPEVINE STATION Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for denial of the application filed by Westwood Group for the final plat of Lots 1 RA, 2R, Block 3, Lots 2R, 3, 4 and 5, Block 4, Grapevine Station. Mayor Pro Tern Wilbanks, seconded by Council Member Freed,offered a motion to accept the Commission's recommendation for denial of the final plat request. The motion prevailed by the following vote: 14 02/17/09 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 24. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU08-35 WESTWOOD GROUP Chairman Oliver reported the Planning &Zoning Commission voted 7-0 for denial without prejudice of Conditional Use Application CU08-35 filed by Westwood Group requesting a conditional use permit to amend the site plan approved by Ordinance No. 2005-46 to reduce the planned business park for development of a multifamily complex. The subject property is located at 1026, 1034, 1038, 1044, 1046, 1048, 1050, 1052, 1054 and 1056 Texan Trail and is zoned "BP" Business Park District Council Member Stewart, seconded by Council Member Coy, offered a motion to accept the Commission's recommendation for denial without prejudice of the application. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 25. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU09-01 TILTED KILT Chairman Oliver reported the Planning & Zoning Commission voted 5-2 for approval of „k Conditional Use Application CU09-01 filed by the Tilted Kilt requesting to amend the site plan approved by Ordinance No. 2003-31 to amend the existing floor plan of a restaurant with the possession, storage, retail sale and on premise consumption of alcoholic beverages (beer, wine and mixed beverages), add outside dining and a 40 foot pole sign. The subject property is located at 1041 West State Highway 114 and is zoned "CC" Community Commercial District Regulations. Council Member Freed, seconded by Council Member Spencer, offered a motion for denial of the conditional use permit due to the outside dining patio. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Freed, Lease & Coy Nays: Stewart ITEM 26. PLANNING & ZONING COMMISSION RECOMMENDATION SPECIAL USE APPLICATION SU09-01 TILTED KILT Chairman Oliver reported the Planning & Zoning Commission voted 5-2 for approval of Special Use Application SU09-01 filed by the Tilted Kilt requesting to allow one pool table in conjunction with a restaurant. The subject property is located at 1041 West State Highway 114 and is zoned "CC" Community Commercial District Regulations. 15 02/17/09 Council Member Freed, seconded by Mayor Pro Tern Wilbanks, offered a motion for denial of the special use application. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Freed, Lease & Coy Nays: Stewart ITEM 27. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU09-02 GRAPEVINE BLUFFS PERSONAL CARE FACILITY Chairman Oliver reported the Planning & Zoning Commission voted 4-3 for denial of Conditional Use Application CU09-02 filed by Grapevine Bluffs Personal Care Facility requesting a personal care facility with 153 beds and increased building height. The subject property is located at 2451 West 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 for denial of the conditional use application. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 28. PLANNING & ZONING COMMISSION RECOMMENDATION PLANNED DEVELOPMENT OVERLAY PD09-01 GRAPEVINE BLUFFS PERSONAL CARE FACILITY Chairman Oliver reported the Planning & Zoning Commission voted 4-3 for denial of Planned Development Overlay PD09-01 filed by Grapevine Bluffs Personal Care Facility requesting a deviation from but not limited to front yard setback. The subject property is located at 2451 West Grapevine Mills Circle and is zoned "CC" Community Commercial District Regulations. Mayor Pro Tern Wilbanks, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation for denial of the application. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 29. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1R AND TRACT 1, BLOCK 4, ORIGINAL TOWN OF GRAPEVINE Chairman Oliver reported the Planning &Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1R and Tract 1, Block 4, Original Town of 16 02/17/09 Grapevine. The subject 0.277 acre tract is located at 520 South Main Street and is zoned "CBD"Central Business District. The property is being platted to separate ownership of the existing parking lot from the calaboose. 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 1R and Tract 1, Block 4, Original Town of Grapevine. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 30. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT LOTS 1 AND 2, BLOCK 1, HARTNETT ADDITION Chairman Oliver reported the Planning &Zoning Commission voted 7-0 for approval of the Statement of findings and the preliminary plat of Lots 1 and 2, Block 1, Hartnett Addition The two acres are located at 3218 Rolling Hills Lane and are being platted to build a residence on Lot 1. Council Member Freed, seconded by Council Member Lease, 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, Hartnett 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 Coy, offered a motion to adjourn the meeting at 11:33 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 3rd day of March, 2009. APPROVED: William D. Tate Mayor 17 02/17/09 ATTEST: Linda Huff City Secretary met WOW 18