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HomeMy WebLinkAbout2009-07-21 Joint Meeting AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING WORKSHOP TUESDAY, JULY 21, 2009 AT 6:30 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER 1. Review cost estimates for underground electric service at Nash Farm. 2. Discuss wind energy systems in non-residential districts. 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 17th day of July, 2009 at 5:00 p.m. �l/ I , Joy. Brown As stant City Secretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 21st day of July, 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 H. T. Hardy Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the workshop to order at 6:30 p.m. ITEM 1. DISCUSS UNDERGROUND ELECTRIC SERVICE, NASH FARM Deputy Director of Public Works Stan Laster presented cost estimates for placing the overhead utilities underground on the south side of College Street adjacent to Nash Farm to preserve the trees. Following discussion, it was the consensus of the Council to negotiate with Oncor Electric for the City to partner with Oncor for maintenance of the Post Oak tree line on College Street. There was no formal action taken. ITEM 2. DISCUSS WIND ENERGY SYSTEMS, NON-RESIDENTIAL DISTRICTS Development Services Director Scott Williams reviewed possible amendments to the City's 4 Code to allow wind energy systems in non-residential districts. 07/21/09 Following discussion, it was the consensus of the Council to not consider any amendments to the Code relative to wind energy systems at this time. There was no formal action taken. ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the workshop at 6:55 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 4th day of August, 2009. APPROVED: 366ig." William D. Tate Mayor ATTEST: J•• C. Brown Assistant City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, JULY 21, 2009 AT 6:45 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER EXECUTIVE SESSION 1. City Council to conduct a closed session relative to: 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 pursuant to Section 551.087, Texas Government Code. City Council to reconvene in open session and take any necessary action relative to conference with employees under Section 551.087, Texas Government Code. 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 Agenda was prepared and posted on this the 17th day of July, 2009 at 5:00 p.m. WI& ,a • J,crC. Brown Assistant City Secretary ,, 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 21st day of July, 2009 at 6:45 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to-wit: William D. Tate Mayor C. Shane Wilbanks Mayor Pro Tem Sharron Spencer Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary.°A CALL TO ORDER Mayor Tate called the meeting to order at 6:51 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 Section 551.087, Texas Government Code. NOTE: City Council continued with the Regular City Council meeting in open session in the City Council Chambers. 07/21/09 ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Lease, offered a motion to adjourn the meeting at 9:05 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 4th day of August, 2009. APPROVED: 3516/2- William D. Tate Mayor ATTEST: aWaif XaA617/ eft* J•: . Brown Assistant City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL PLANNING & ZONING COMMISSION MEETING TUESDAY, JULY 21, 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 OATH OF OFFICE 1. City Secretary to administer the Oath of Office to reappointed Planning & Zoning Commissioner Herb Fry. JOINT PUBLIC HEARINGS 2. City Council and Planning &Zoning Commission to conduct a public hearing relative to Zoning Application Z09-03 filed by World Villages of Grapevine requesting rezoning of approximately 17 acres located at 3509 North Grapevine Mills Boulevard and owned by Gardens of Grapevine from "CC" Community Commercial District Regulations to "MXU" Mixed Use District Regulations. Conditional Use Application CU09-17 filed by Aloft and Element Hotels requesting a conditional use permit for on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant with private club and hotel development on property located at 3700 and 3730 Alpine Way and zoned "CC" Community Commercial District Regulations. 3. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU09-16 and Planned Development Overlay PD09- 04 filed by Faith Christian School located at 729 East Dallas Road. The conditional use permit requests to amend the site plan approved by Ordinance No. 2007-19, as amended, for six portable buildings. The planned development overlay requests to amend the site planned approved by Ordinance No. 2006-27 for a deviation from the masonry requirements for the portable buildings. The property is zoned "LI" Light Industrial District. 4. City Council and Planning &Zoning Commission to conduct a public hearing relative to the application filed by Deena Abney for the final plat of Lots 1 and 2, Block 1, Adams Addition being a replat of Lots 1 and 2, Block 1, Premier Addition. The subject 1.77 acre tract is located at the southeast corner of Northwest Highway and Austin Street and is zoned "HC" Highway Commercial District Regulations. 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 17th day of July, 2009 at 5:00 p.m. di/ 'CRO7A11 -' Jo . Brown Assistant City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING >.n. TUESDAY, JULY 21, 2009 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CITIZEN COMMENTS PUBLIC HEARING 5. City Council to conduct a public hearing relative to Move In Building Application MIB09-01 filed by Faith Christian School for property located at 729 East Dallas Road, consider a resolution approving the application and take any necessary action. NEW BUSINESS 6. Consider an ordinance amending Chapter 16 Parks & Recreation relative to tobacco free parks and park facilities and take any necessary action. 7. Consider a resolution authorizing Tower/Ground Lease Agreements with Clear Wireless for the co-location of antennae and installation of communications equipment at the Barton Street Water Tower and the Dove Road Water Tower and take any necessary action. 8. Consider approval of Change Order No. 1 to the Euless Grapevine/Stone Myers Parkway Construction Project 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. 9. Consider approval of Adopt-An-Area agreements with the Lambertsen Family for a portion of Dove Loop Road; the Talluri Family for a portion of Roberts Road and Grapevine Yoga for a portion of West Wall Street. Parks & Recreation Advisory Board and Parks & Recreation Director recommend approval. 10. Consider authorizing the purchase of a storage area network from Parity Consultants for the IT Department. Assistant City Manager recommends approval. 11. Consider the minutes of the July 7, 2009 City Council meetings as published. City Secretary recommends. 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 12. Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z09-03 (World Villages of Grapevine) and a subsequent ordinance, if applicable. 13. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU09-17 (Aloft and Element Hotels)and a subsequent ordinance, if applicable. 14. Consider the recommendation of the Planning &Zoning Commission relative to the preliminary plat of World Villages of Grapevine and take any necessary action. 15. Consider the recommendation of the Planning&Zoning Commission relative to the final plat of Lot 1, Block 1 and Lots 1 and 2, Block 2, World Villages of Grapevine Phase 1 and take any necessary action. 16. Consider the recommendation of the Planning &Zoning Commission relative to the final plat of Lot 1, Block 5, World Villages of Grapevine Phase 2 and take any necessary action. 17. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU09-16 (Faith Christian School) and a subsequent ordinance, if applicable. 18. Consider the recommendation of the Planning & Zoning Commission relative to Planned Development Overlay PD09-04 (Faith Christian School)and a subsequent ordinance, if applicable. 19. Consider the recommendation of the Planning &Zoning Commission relative to the final plat of Lots 1 and 2, Block 1, Adams Addition and take any necessary action. 20. Consider the recommendation of the Planning &Zoning Commission relative to the final plat of Lot 1, Block 2, J. Powers 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 17th day of July, 2009 at 5:00 p.m. abikia/ Jo ' C. Brown As istant City Secretary AGENDA CITY OF GRAPEVINE SPECIAL BRIEFING SESSION PLANNING & ZONING COMMISSION TUESDAY, JULY 21, 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 July 21, 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 17th day of July, 2009 at 5:00 p.m. Ow ad-6 Oan/ilte■. J• . Brown Assistant City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, JULY 21, 2009 AT 7:30 P.M. PLANNING & ZONING COMMISSION CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET NEW BUSINESS 1. Consider Zoning Application Z09-03 (World Villages of Grapevine) and make a recommendation to the City Council. 2. Consider Conditional Use Application CU09-17 (Aloft and Element Hotels) and make a recommendation to the City Council. 3. Consider the preliminary plat of World Villages of Grapevine and make a recommendation to the City Council. 4. Consider the final plat of Lot 1, Block 1 and Lots 1 and 2, Block 2, World Villages of Grapevine Phase 1 and make a recommendation to the City Council. 5. Consider the final plat of Lot 1, Block 5, World Villages of Grapevine Phase 2 and make a recommendation to the City Council. 6. Consider Conditional Use Application CU09-16(Faith Christian School)and make a recommendation to the City Council. 7. Consider Planned Development Overlay PD09-04 (Faith Christian School) and make a recommendation to the City Council. 8. Consider the final plat of Lots 1 and 2, Block 1, Adams Addition and make a recommendation to the City Council. 9. Consider the final plat of Lot 1, Block 2, J. Powers Addition and make a recommendation to the City Council. CONSIDERATION OF MINUTES 10. Consider the minutes of the June 16, 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 17th day of July, 2009 at 5:00 p.m. ea J•"C. Brown Assistant 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 21st day of July, 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 Tern Sharron Spencer Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with the following members of the Planning &Zoning Commission: Larry Oliver Chairman Herbert Fry Vice Chairman Betty "BJ" Wilson Member Mark Lowery Member Monica Hotelling Member Jim Fechter Member Wayne Szot Alternate constituting a quorum, with Commissioner Gary Martin 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 Fry delivered the Invocation and led the Pledge of Allegiance. 07/21/09 ITEM 1. OATH OF OFFICE City Secretary Huff administered the Oath of Office to reappointed Planning & Zoning Commissioner Herb Fry. ITEM 1. PUBLIC HEARING,ZONING APPLICATION Z09-03 WORLD VILLAGES OF GRAPEVINE, CONDITIONAL USE APPLICATION CU09-17 ALOFT AND ELEMENT HOTELS Mayor Tate declared the public hearing open. Planning & Development Manager Ron Stombaugh stated that Zoning Application Z09-03 had been filed by World Villages of Grapevine requesting rezoning of approximately 17 acres located at 3509 North Grapevine Mills Boulevard and owned by Gardens of Grapevine from "CC" Community Commercial District Regulations to "MXU" Mixed Use District Regulations for development of a multiphase apartment project. Conditional Use Application CU09-17 had been filed by Aloft and Element Hotels requesting a conditional use permit for on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant with private club (as the property is located in Dallas County) and hotel development on property located at 3700 and 3730 Alpine Way and zoned "CC" Community Commercial District Regulations. Mr. Sherman Thurston requested favorable consideration of the applications. He reviewed "'""'r the proposed plan noting there would not be any retail, commercial or office space in the mixed use proposal. There are 552 apartment units proposed in three buildings with adequate parking for all of the apartment structures. He also reviewed the proposed development of the dual-flagged hotel project consisting of a six-story, 177 room Aloft Hotel and a four-story, 123 room Element Hotel with a 10,000 square foot conference center, City Council and Planning & Zoning Commission discussion ensued relative to the mixed use request and that the proposed development does not have any mixed uses, i.e. no retail, commercial or office space in the proposal. It was suggested that the zoning case be withdrawn and brought back at a later date with mixed uses included. Mayor Tate invited guests present to comment regarding the application. The following spoke in opposition of the proposed zoning case and the location of the proposed apartments as they will impact the proposed river walk,gardens and international cultural center. It was noted that the Chinese government has agreed to build the largest Chinese gardens outside of China at the Grapevine location. They stated they had no opposition to the proposed hotels. Mr. Larry Leone, representing The Dream Gardens Dr. Clarence Teng, Ph.D, representing the Society for Environmental and Cultural Awareness and the Chinese Garden 2 07/21/09 Mr. Thurston addressed the City Council and the Commission requesting to withdraw the zoning case. Commissioner Wilson, seconded by Commissioner Fechter,offered a motion to accept the withdrawal without prejudice of Zoning Application Z09-03. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Lowery, Hotelling, Fechter & Szot Nays: None Absent: G. Martin Council Member Freed, seconded by Council Member Coy, offered a motion to accept the Commission's recommendation for withdrawal without prejudice of Zoning Application Z09- 03. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Commissioner Lowery, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Lowery, Hotelling, Fechter & Szot Nays: None Absent: G. Martin 2l/0f y Mayor Pro Tem11 , 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 3. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU09-16 AND PLANNED DEVELOPMENT OVERLAY PD09-04 FAITH CHRISTIAN SCHOOL Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh advised that Conditional Use Application CU09-16 and Planned Development Overlay PD09-04 had been filed by Faith Christian School located at 729 East Dallas Road. The conditional use permit requests to amend the site plan approved by Ordinance No. 2007-19, as amended, for six portable buildings for a period of five years with an extension not to exceed two years. The planned development overlay requests to amend the site plan approved by Ordinance No. 2006-27 for a deviation from the 70% masonry requirements for the portable buildings. The property is zoned "LI" Light Industrial District. 3 07/21/09 Dr. Ed Smith requested favorable consideration of the application. He stated the buildings would be utilized as temporary classrooms beginning in the fall of 2010. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Fry, seconded by Commissioner Hotelling, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Lowery, Hotelling, Fechter & Szot Nays: None Absent: G. Martin Council Member Stewart, 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 4. PUBLIC HEARING, FINAL PLAT LOTS 1 AND 2, BLOCK 1, ADAMS ADDITION, REPLAT OF LOTS 1 AND 2, BLOCK 1, PREMIER ADDITION Mayor Tate declared the public hearing open. Senior Civil Engineer Scott Dyer stated that Deena Abney had filed the application for the final plat of Lots 1 and 2, Block 1, Adams Addition being a replat of Lots 1 and 2, Block 1, Premier Addition. The subject 1.77 acre tract is located at the southeast corner of Northwest Highway and Austin Street and is zoned "HC" Highway Commercial District Regulations. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Wilson, seconded by Commissioner Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Lowery, Hotelling, Fechter & Szot Nays: None Absent: G. Martin Council Member Coy, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: 4 07/21/09 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 4A. CITIZEN COMMENTS, MR. ROBERT MEDIGOVICH Mr. Robert Medigovich, representing Community Waste Disposal (CWD), stated that the City's current disposal company contract expires in June,2010 and that Community Waste Disposal would like the opportunity to submit a competitive proposal. ITEM 5. PUBLIC HEARING, MOVE IN BUILDING APPLICATON MIB09-01 FAITH CHRISTIAN SCHOOL Mayor Tate declared the public hearing open. Development Services Director Scott Williams stated that Move In Building Application MIB09-01 had been filed by Faith Christian School to relocate six portable buildings from property on Worth Street to 729 East Dallas Road. The buildings will be used as temporary classrooms for a period of five years with an extension of two years, if necessary. Dr. Ed Smith requested favorable consideration of the application. There were no questions from the City Council. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Council Member Spencer, seconded by Mayor Pro Tem Wilbanks, 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 Mayor Tate announced the resolution authorizing the Move In Building Application would be considered after the Planning & Zoning Commission recommendations. Note: The following was considered after Item 20. 5 07/21/09 woogro Development Services Director Williams requested approval of a resolution authorizing Move In Building Application MIB09-01 that was submitted by Faith Christian School. Council Member Stewart, seconded by Council Member Coy, recommended approval of the Move In Building Permit filed by Faith Christian School. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2009-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS PROVIDING FOR THE ISSUANCE OF A PERMIT AUTHORIZING THE RELOCATION OF A BUILDING; PROVIDING FOR A NON-TRANSFERABLE PERMIT; PROVIDING A SITE PLAN AND PROVIDING AN EFFECTIVE DATE ITEM 6. ORDINANCE, AMEND CHAPTER 16 PARKS & RECREATION,TOBACCO FREE PARKS AND PARK FACILITIES Parks & Recreation Director Doug Evans recommended approval of an ordinance so amending Chapter 16 Parks& Recreation relative to tobacco free parks and park facilities. He stated that the Boards of the Grapevine Girls Softball Association, Grapevine Youth Baseball and the Grapevine-Southlake Soccer Association all support a tobacco free ordinance for the athletic fields in Grapevine. The Parks & Recreation Advisory Board supports a tobacco free ordinance for the athletic fields and recommends the Botanical Gardens be included. The Council Facilities Committee supports the proposed ordinance and recommends that the neighborhood parks be included in the ordinance. He noted the only parks not included were Town Square, Liberty Park, Bear Creek Park and Nature Preserve, Parr Park and the lake parks. Discussion ensued to include Bear Creek Park and Nature Preserve and Parr Park in the tobacco free ordinance. Motion by Council Member Spencer, seconded by Council Member Coy, to approve the ordinance as recommended with Bear Creek Park and Nature Preserve and Parr Park included prevailed by the following vote: Ayes: Spencer, Stewart, Lease & Coy Nays: Tate, Wilbanks & Freed 6 07/21/09 ORDINANCE NO. 2009-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE,TEXAS AMENDING CHAPTER 16 PARKS AND RECREATION,ARTICLE I, BY THE ADDITION OF SECTION 16-18 RELATING TO CERTAIN TOBACCO FREE PARKS AND PARK FACILITIES; PROVIDING FOR THE PLACEMENT OF SIGNS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE IN VIOLATION OF THE ORDINANCE AND PROVIDING FOR AN EFFECTIVE DATE ITEM 7. RESOLUTION, AUTHORIZE TOWER/GROUND LEASE AGREEMENTS, BARTON STREET WATER TOWER AND DOVE ROAD WATER TOWER, CLEAR WIRELESS Deputy Director of Public Works Stan Laster recommended approval of a resolution authorizing Tower/Ground Lease Agreements with Clear Wireless for the co-location of antennae and installation of communications equipment at the Barton Street Water Tower and the Dove Road Water Tower. The leases would be for an initial five-year term with four automatic five-year renewals and rent of$20,000.00 annually for each year. 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 RESOLUTION NO. 2009-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, APPROVING TOWER/GROUND LEASE AGREEMENTS WITH CLEAR WIRELESS, L.L.C., FOR THE INSTALLATION OF COMMUNICATIONS EQUIPMENT AND PROVIDING AN EFFECTIVE DATE ITEM 8. APPROVE CHANGE ORDER NO. 1, EULESS GRAPEVINE/STONE MYERS PARKWAY CONSTRUCTION PROJECT Deputy Director of Public Works Laster recommended approval of Change Order No. 1 to the Euless Grapevine/Stone Myers Parkway Construction Project in the amount of $69,118.18. The change order includes future water connections at the First Baptist Church site and waste water line manhole rehabilitation. Motion by Council Member Freed, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: 7 07/21/09 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 9. Adopt-An-Area Agreements, Lambertsen Family, Talluri Family and Grapevine Yoga Parks & Recreation Advisory Board and Parks & Recreation Director recommended approval of Adopt-An-Area agreements with the Lambertsen Family for Dove Loop Road from Main Street to Dooley Street and for the creek to the west of the Grapevine Cemetery on Dooley Street; the Talluri Family for Roberts Road from Hall-Johnson Road to Glade Road and Grapevine Yoga for West Wall Street from Main Street to Dove Road. Motion by Council Member Stewart, 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 10. Purchase Storage Area Network, Parity Consultants Assistant City Manager recommended approval of the purchase of a storage area network from Parity Consultants in the amount of $33,948.00 for the IT Department. Motion by Council Member Stewart, 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 11. Consideration of Minutes City Secretary recommended approval of the minutes of the July 7, 2009 City Council meetings as published. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: alwIto Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 8 07/21/09 ITEM 12. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z09-03 WORLD VILLAGES OF GRAPEVINE Planning & Development Manager Stombaugh reported that the zoning case had been withdrawn by the applicant during the public hearing portion of the meeting. ITEM 13. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU09-17 ALOFT AND ELEMENT HOTELS Planning & Development Manager Stombaugh reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU09-17 filed by Aloft and Element Hotels granting a conditional use permit for on-premise consumption of alcoholic beverages (beer, wine and mixed beverages)in conjunction with a restaurant with private club and hotel development on property located at 3700 and 3730 Alpine Way and zoned "CC" Community Commercial District Regulations. Council Member Spencer, seconded by Council Member Freed, 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. 2009-26 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 CU09-17 TO ALLOW THE POSSESSION, STORAGE, RETAIL SALE, AND ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE,AND MIXED BEVERAGES) IN CONJUNCTION WITH A RESTAURANT WITH A PRIVATE CLUB AND HOTEL DEVELOPMENT 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 9 07/21/09 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 14. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT, WORLD VILLAGES OF GRAPEVINE Planning & Development Manager Stombaugh reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the preliminary plat of the World Villages of Grapevine. The 142.1 acre property is located between FM 2499 and State Highway 121 and north of Grapevine Mills Boulevard North. The property is being platted for hotel development and is zoned "CC" Community Commercial District Regulations. 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 preliminary plat of the World Villages of Grapevine. The motion prevailed by the following vote: °' ` Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 15. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT, LOT 1, BLOCK 1 AND LOTS 1 AND 2, BLOCK 2, WORLD VILLAGES OF GRAPEVINE Planning & Development Manager Stombaugh reported the Planning & Zoning Commission voted 7-0 for denial of the Statement of Findings and the final plat of Lot 1, Block 1 and Lots 1 and 2, Block 2, World Villages of Grapevine Phase 1. Council Member Freed, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation for denial of the Statement of Findings and the final plat of Lot 1, Block 1 and Lots 1 and 2, Block 2, World Villages of Grapevine. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 16. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT, LOT 1, BLOCK 5, WORLD VILLAGES OF GRAPEVINE PHASE 2 10 07/21/09 Planning & Development Manager Stombaugh reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1, Block 5, World Villages of Grapevine Phase 2. The 12.522 acre property is located north of Grapevine Mills Boulevard North and State Highway 121. The subject property is zoned "CC" Community Commercial District Regulations and is being platted for development of a hotel complex. Council Member Freed, 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 5, World Villages of Grapevine. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 17. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU09-16 FAITH CHRISTIAN SCHOOL Planning & Development Manager Stombaugh reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU09-16 filed by Faith Christian School to amend the site plan approved by Ordinance No. 2007-19, as amended, for six portable buildings on property located at 729 East Dallas Road. The subject property is zoned "LI" Light Industrial District. Mayor Pro Tem Wilbanks, 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. 2009-27 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 CU09-16 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2007-19 TO ALLOW PORTABLE BUILDINGS 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 11 07/21/09 AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 18. PLANNING & ZONING COMMISSION RECOMMENDATION PLANNED DEVELOPMENT OVERLAY PD09-04 FAITH CHRISTIAN SCHOOL Planning & Development Manager Stombaugh reported the Planning & Zoning Commission voted 7-0 for approval of Planned Development Overlay PD09-04 filed by Faith Christian School granting a planned development overlay to amend the site planned approved by Ordinance No. 2006-27 for a deviation from the masonry requirements for the six portable buildings. The subject property is zoned "LI" Light Industrial District. Council Member Lease, seconded by Council Member Coy, 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, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2009-28 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 PD09-04 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2006-27 FOR DEVIATION FROM THE MASONRY REQUIREMENT FOR PORTABLE BUILDINGS 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 12 07/21/09 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 19. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1 AND 2, BLOCK 1, ADAMS ADDITION Planning & Development Manager Stombaugh reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 1 and 2, Block 1, Adams Addition. The 1.77 acre property is located at the southeast corner of Northwest Highway and Austin Street and is zoned "HC" Highway Commercial District. The property is being platted to place an existing rock building on Lot 2 and the rest of the property on Lot 1. Council Member Coy, 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 Lots 1 and 2, Block 1, Adams Addition. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 20. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1, BLOCK 2, J. POWERS ADDITION Planning & Development Manager Stombaugh reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1, Block 2, J. Powers Addition. The 0.210 acre property is being platted for construction of a single family residence and the property is located at 901 West Sunset Street. Council Member Coy, seconded by Mayor Pro Tem Wilbanks, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 1, Block 2, J. Powers Addition. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ADJOURNMENT 13 07/21/09 Mayor Pro Tern Wilbanks, seconded by Council Member Lease, offered a motion to adjourn the meeting at 9:05 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 4th day of August, 2009. APPROVED: 4 William D. Tate Mayor ATTEST: - oBairk, 11010 J.rC. Brown Assistant City Secretary 14