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HomeMy WebLinkAbout2009-10-20 Joint Meeting AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING WORKSHOP TUESDAY, OCTOBER 20, 2009 AT 6:30 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER 1. Discuss Ordinance No. 2009-25 relative to tobacco free parks. 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 16th day of October, 2009 at 5:00 p.m. Linda Huff 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 20th day of October, 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 Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with Council Member Roy Stewart absent, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager Cathy Cunningham Assistant City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the workshop to order at 6:35 p.m. ITEM 1. DISCUSS TOBACCO FREE PARKS ORDINANCE City Manager Bruno Rumbelow reviewed Ordinance No.2009-25 that created tobacco free parks or park facilities owned or leased by the City of Grapevine. Discussion ensued to support tobacco free athletic fields,the Botanical Gardens and Pleasant Glade Pool, but to possibly reconsider the neighborhood parks. The consensus was to have the Parks & Recreation Advisory Board review the adopted ordinance and make a recommendation to the City Council regarding tobacco free neighborhood parks and consideration of a designated smoking area in the parking lots as well as signage to discourage smoking in the neighborhood parks. There was no formal action taken by the City Council. ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Coy, offered a motion to adjourn the workshop at 7:00 p.m. The motion prevailed by the following vote: 10/20/09 Ayes: Tate, Wilbanks, Spencer, Freed, Lease & Coy Nays: None Absent: Stewart PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 3rd day of November, 2009. APPROVED: William D. Tate Mayor ATTEST: (7)gee Ale* Linda Huff City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, OCTOBER 20, 2009 AT 7:00 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 16th day of October, 2009 at 5:00 p.m. i F 'o ILa.�r Alt - Linda Huff / 1 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 20th day of October, 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 Tern Sharron Spencer Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with Council Member Roy Stewart absent, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager Cathy Cunningham Assistant City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:01 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. 10/20/09 ADJOURNMENT Mayor Pro Tem Wilbanks, seconded by Council Member Coy, offered a motion to adjourn the meeting at 9:50 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Freed, Lease & Coy Nays: None Absent: Stewart PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 3rd day of November, 2009. APPROVED: William D. Tate Mayor ATTEST: Nowsk Linda Huff Itike City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL PLANNING & ZONING COMMISSION MEETING TUESDAY, OCTOBER 20, 2009 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE: Commissioner Jim Fechter PRESENTATION 1. ARTSNET President Cathy Hernandez to address the City Council. JOINT PUBLIC HEARINGS 2. City Council and Planning &Zoning Commission to conduct a public hearing relative to Special Use Application SU09-06 filed by Chesapeake Energy requesting a special use permit for gas well drilling and production on property located at 2720 North Grapevine Mills Boulevard. The subject property is zoned "HCO" Hotel and Corporate Office District. 3. City Council and Planning &Zoning Commission to conduct a public hearing relative to Zoning Application Z09-06, Conditional Use Application CU09-34 and application for the final plat of Lot 3-R and Tract A, Block 1, DFW Business Park being a replat of Lot 3, Block 1, DFW Business Park and a 1.009 acre tract of unpiatted land. The applications were filed by Mustang Elite Car Wash and Lube Center for property located at 2125 Ira E. Woods Avenue. The zoning application requests rezoning of 1.009 acres from "LI" Light Industrial District to"CC"Community Commercial District Regulations. The conditional use application requests to amend the site plan approved by SS94-02 to relocate the lube center and a pole sign. The Board of Zoning Adjustments will consider the requested variances at their November meeting. 4. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU09-33 filed by the Gaylord Texan Resort and Convention Center on Lake Grapevine for a resort pool/event area on property located at 1000 Gaylord Trail. The application requests to amend the site plan approved by Ordinance No. 2008-48 for a resort pool/event area with the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages), outdoor speakers and temporary signage for the "ICE" event. The property is zoned "PCD" Planned Commerce Development District. 5. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU09-35 filed by Bank of the West requesting a conditional use permit to amend the site plan approved by Ordinance No. 2006-76 to extend approval of a temporary bank facility to October 20, 2010 on property located at 108 West Northwest Highway. The subject property is zoned "HC" Highway Commercial District. 6. City Council and Planning &Zoning Commission to conduct a public hearing relative to Historic Landmark Subdistrict HL09-01 filed by Bruce and Sandra Cureton for property at located at 511 East Franklin Street. The application requests designation as a historical landmark subdistrict for the subject property that is zoned "R-7.5" Single Family 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 16th day of October, 2009 at 5:00 p.m. in. . Huff City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, OCTOBER 20, 2009 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CITIZEN COMMENTS NEW BUSINESS 7. Consider award of the State Highway 26 Waterline Improvements Construction Contract to Gin-Spen, Inc. and take any necessary action. 8. Consider award of the 2009 Sanitary Sewer Replacement Project Contract to PM Construction, approval of Change Order No. 1 and take any necessary action. 9. Consider a resolution authorizing a Tower/Ground Lease Agreement with CLEAR WIRELESS for the co-location of antennae and installation of communications equipment at the Minter's Chapel Road Cell Tower and take any necessary action. 10. Consider approval of a resolution authorizing the purchase of Digital Photo Management Solution from VeriPic and take any necessary action. 11. Consider approval of a resolution authorizing the purchase of wireless access points from Motorola, Inc. and take any necessary action. 12. Consider authorizing an engineering design services contract for The Vineyards Campground and Cabins to Jacobs Engineering 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 renewal of an Interlocal Agreement with the cities of Colleyville and Southlake for the Metroport Teen Court Program. Administrative Services Director recommends approval. 14. Consider authorizing Speed Fab-Crete on behalf of Classic Hummer a one-year extension to expire on October 21, 2010 of Conditional Use Permit CU08-23 (Ordinance No. 2008-55) for property located at 2501 William D. Tate Avenue. Development Services Director recommends approval. 15. Consider authorizing Chesapeake Energy a one-year extension to expire on October 21, 2010 of Special Use Permit SU08-04 (Ordinance No. 2008-59)for gas well drilling on property located at 1048 East Wall Street. Development Services Director recommends approval. 16. Consider authorizing graphic design services for the Grapevine Visitor Shuttle Program from Big Image Graphics. Convention & Visitors Bureau Director recommends approval. 17. Consider a resolution directing publication of a Notice of Intention to issue Certificates of Obligation in the amount of $2,050,000. Administrative Services Director recommends approval. 18. Consider authorizing purchase of an ambulance from Professional Ambulance and Horton Manufacturing through a cooperative purchasing agreement with the Local Government Purchasing Cooperative (Buyboard.com). Fire Chief recommends approval. 19. Consider renewal of the Protective Clothing (bunker gear) Contract with Casco Industries. Fire Chief recommends approval. 20. Consider approval of a resolution authorizing the renewal of a maintenance agreement with ESRI, Inc as a sole source provider for the City Geographic Information Mapping System software. Assistant City Manager recommends approval. 21. Consider authorizing the purchase of an e-Citation/Mobile Ticket Writing System from Brazos Technology. Police Chief recommends approval. 22. Consider authorizing the purchase of additional Storage Area Network Hardware from The Harding Group. Assistant City Manager recommends approval. 23. Consider the minutes of the October 6, 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 24. Consider the recommendation of the Planning & Zoning Commission relative to Special Use Application SU09-06 (Chesapeake Energy) and a subsequent ordinance, if applicable. 25. Consider the recommendation of the Planning &Zoning Commission relative to the preliminary plat of Grapevine Mills Wells and take any necessary action. 26. Consider the recommendation of the Planning &Zoning Commission relative to the final plat of Grapevine Mills Wells and take any necessary action. 27. Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z09-06 (Mustang Elite Car Wash and Lube Center) and first reading of a subsequent ordinance, if applicable. 28. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU09-34 (Mustang Elite Car Wash and Lube Center) and first reading of a subsequent ordinance, if applicable. 29. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU09-33 (Gaylord Texan Resort and Convention Center on Lake Grapevine) and a subsequent ordinance, if applicable. 30. Consider the recommendation of the Planning &Zoning Commission relative to the preliminary plat of Lots 1 and 2, Block 1, Opryland Fourth Addition and take any necessary action. 31. Consider the recommendation of the Planning &Zoning Commission relative to the final plat of Lots 1 and 2, Block 1, Opryland Fourth Addition and take any necessary action. 32. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU09-35 (Bank of the West) and a subsequent ordinance, if applicable. 33. Consider the recommendation of the Planning & Zoning Commission relative to Historic Landmark Subdistrict HL09-01 (Crowley-Sanchez House) and a subsequent ordinance, if applicable. 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 16th day of October, 2009 at 5:00 p.m. Lin a Huff 11* City Secretary AGENDA CITY OF GRAPEVINE SPECIAL BRIEFING SESSION PLANNING & ZONING COMMISSION TUESDAY, OCTOBER 20, 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 October 20, 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 16th day of October, 2009 at 5:00 p.m. Lind. Huff City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, OCTOBER 20, 2009 AT 7:30 P.M. PLANNING & ZONING COMMISSION CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET NEW BUSINESS 1. Consider Special Use Application SU09-06 (Chesapeake Energy) and make a recommendation to the City Council. 2. Consider the preliminary plat of Grapevine Mills Wells and make a recommendation to the City Council. 3. Consider the final plat of Grapevine Mills Wells and make a recommendation to the City Council. 4. Consider Zoning Application Z09-06 (Mustang Elite Car Wash and Lube Center) and make a recommendation to the City Council. 5. Consider Conditional Use Application CU09-34(Mustang Elite Car Wash and Lube Center) and make a recommendation to the City Council. 6. Consider Conditional Use Application CU09-33 (Gaylord Texan Resort and Convention Center on Lake Grapevine) and make a recommendation to the City Council. 7. Consider the preliminary plat of Lots 1 and 2, Block 1, Opryland Fourth Addition and make a recommendation to the City Council. 8. Consider the final plat of Lots 1 and 2, Block 1, Opryland Fourth Addition and make a recommendation to the City Council. 9. Consider Conditional Use Application CU09-35 (Bank of the West) and make a recommendation to the City Council. 10. Consider the recommendation of the Planning & Zoning Commission relative to Historic Landmark Subdistrict HL09-01 (Crowley-Sanchez House) and make a recommendation to the City Council. CONSIDERATION OF MINUTES 11 Consider the minutes of the September 15, 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 16th day of October, 2009 at 5:00 p.m. w°d. 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 20th day of October, 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 Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with Council Member Roy Stewart absent, 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 Gary Martin Member Wayne Szot Alternate Elaine Martin Alternate 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 Cathy Cunningham City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:36 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Jim Fechter delivered the Invocation and led the Pledge of Allegiance. 10/20/09 ITEM 1. PRESENTATION, ARTSNET PRESIDENT faitew ARTSNET President Cathy Hernandez introduced herself to the City Council noting that ., , ARTSNET serves 16 cities in the metroplex. She stated that she looks forward to further promoting local artists and working for the benefit of schools, hospitals and the community in promoting the arts. ITEM 2. PUBLIC HEARING, SPECIAL USE APPLICATION SU09-06 CHESAPEAKE ENERGY Note: Mayor Tate recused himself from the meeting and turned the meeting over to Mayor Pro Tem Wilbanks. Mayor Pro Tem Wilbanks declared the public hearing open. Planning & Development Manager Ron Stombaugh reported that Special Use Application SU09-06 had been filed by Chesapeake Energy requesting a special use permit for gas well drilling and production on property located at 2720 North Grapevine Mills Boulevard. The subject property is zoned "HCO" Hotel and Corporate Office District. The applicant proposes two wells on the subject site and has requested a variance of 311 feet to the 500 foot setback requirement from an established property line along Grapevine Mills Circle. An eight foot stone wall and landscaping is proposed after the first well is drilled. Mr. Bill Dahlstrom requested favorable consideration of the application. He stated there would be two wells on a three acre site with the frac pond on a one acre site. All of the trees will remain on the perimeter of the site. Drilling will begin by the end of the year and the frac pond will be in place no longer than 24 months. An eight foot screening wall and landscaping will be in place after the first well is drilled and the entire four acres will be screened after the frac pond is removed. Mr. Dahlstrom noted the possibility of creating a learning center on the screening panels to educate citizens about gas well drilling. He stated there are plans to sell the remaining 30 acres for development. Discussion ensued relative to noise abatement during drilling and it was noted that baffling blankets will be installed around the site and will meet with City standards. Questions were asked regarding location of the pipeline that will connect to the main line at Fellowship Church. It was stated that the pipeline would go to the east and that the permit for the location of the pipeline would be filed by another company. Mayor Pro Tern Wilbanks invited guests present to comment regarding the application. Ms. Peggy Weaver, representing Grapevine Mills Mall, read the following letter into the record: 2 10/20/09 Mr. Bruno Rumbelow City of Grapevine 200 South Main Street Grapevine, TX 76051 Dear Bruno, Per our conversation of today, I wanted to send you a note reiterating our desire to see the City of Grapevine grant approval to Chesapeake Energy's plans for the addition of a natural gas drill site on the property adjacent to Grapevine Mills. As mineral owners we have a vested interest in having the minerals produced, and as taxpayers we would like to see ad valorem taxes increase in the City of Grapevine. We greatly appreciate the strong relationship between Grapevine Mills and the City of Grapevine and have an enormous amount of respect for Mayor Tate, the City Council and of course you and your staff. I know everyone involved is concerned about maximizing the development of Grapevine Mills and the adjoining properties for its highest and best use. Please rest assured we are confident that the proposed drill site would in no way impede the progress of such development and we respectfully request that the Grapevine City Council and Planning and Zoning Commission vote to approve a Conditional Use Permit for said drill site. Thank you as always for your time and consideration. Best regards, s\Gregg M. Goodman President Commissioner Wilson, seconded by Commissioner Fechter, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Lowery, Hotelling, Fechter & Martin Nays: None Council Member Lease, seconded by Council Member Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes : Wilbanks, Spencer, Freed, Lease & Coy Nays: None Abstain: Tate Absent: Stewart 3 10/20/09 Note: Mayor Pro Tern Wilbanks returned the meeting to Mayor Tate. ITEM 3. PUBLIC HEARING, ZONING APPLICATION Z09-06, CONDITIONAL USE APPLICATION CU09-34, FINAL PLAT LOT 3-R AND TRACT A, BLOCK 1, DFW BUSINESS PARK, REPLAT OF LOT 3, BLOCK 1, DFW BUSINESS PARK AND A TRACT OF UNPLATTED LAND, MUSTANG ELITE CAR WASH AND LUBE CENTER Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Zoning Application Z09-06, Conditional Use Application CU09-34 and application for the final plat of Lot 3-R and Tract A, Block 1, DFW Business Park being a replat of Lot 3, Block 1, DFW Business Park and a 1.009 acre tract of unplatted land had been filed by Mustang Elite Car Wash and Lube Center. The subject property is located at 2125 Ira E. Woods Avenue. The zoning application requests rezoning of 1.009 acres from "LI" Light Industrial District to "CC" Community Commercial District Regulations. The conditional use application requests to amend the site plan to relocate the lube center and a 20 foot pole sign. If approved, this will be the first reading of the ordinance as there are four variances requested before the Board of Zoning Adjustments relative to open space, maximum impervious area for the reconfigured lot, front and side yard setback encroachments for the structure. Mr. Eric Warden requested favorable consideration of the applications. He stated the requests are a result of the planned future widening of Ira E. Woods Avenue/State Highway 26 that will take approximately 65 feet of frontage at 2125 Ira E. Woods Avenue. Planning &Zoning Commission questioned the use of the current lube center, stacking of cars from the car wash and flow of traffic on the site. Mr. Warden explained the traffic flow and stated the existing lube center would be used for full detailing and paintless dent repair. Mayor Tate invited guests present to comment regarding the application. Mr. George Hill, Sempco Surveying, Inc., requested favorable consideration of the application noting that the additional land being rezoned and platted would allow continuation of the existing business. City Secretary reported the Council and Commission had been copied the one letter of support. Commissioner Martin, 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 & Martin WOW Nays: None 4 10/20/09 Mayor Pro Tern Wilbanks, seconded by Council Member Coy,offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Freed, Lease & Coy Nays: None Absent: Stewart ITEM 4. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU09-33 GAYLORD TEXAN RESORT AND CONVENTION CENTER ON LAKE GRAPEVINE Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Conditional Use Application CU09-33 had been filed by the Gaylord Texan Resort and Convention Center on Lake Grapevine for a resort pool/event area on property located at 1000 Gaylord Trail. The application requests to amend the site plan approved by Ordinance No. 2008-48 for a resort pool/event area with the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer,wine and mixed beverages), outdoor speakers and temporary signage for the "ICE" event. The property is zoned "PCD" Planned Commerce Development District. Mr. Bennett Westbrook requested favorable consideration of the application. He stated the resort pool would accommodate 1200 guests and would be for hotel guests only. Plans are to be under construction in November and completed by June, 2010. Planning&Zoning Commission questioned whether lighting and sound would be an issue. It was noted that it would not due to the location of the resort pool. Mayor Tate invited guests present to comment regarding the application. Mr. Mike Morris, 839 Riverside North, expressed his support of the proposed resort pool and its location. City Secretary Huff advised there was no correspondence to report. Commissioner Wilson, seconded by Commissioner Fry, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Lowery, Hotelling, Fechter& Martin Nays: None Council Member Spencer, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: 5 10/20/09 Ayes: Tate, Wilbanks, Spencer, Freed, Lease & Coy Nays: None Absent: Stewart ITEM 5. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU09-35 BANK OF THE WEST Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Conditional Use Application CU09-35 had been filed by Bank of the West requesting a conditional use permit to amend the site plan approved by Ordinance No. 2006-76 to extend approval of a temporary bank facility to October 20, 2012 on property located at 108 West Northwest Highway. The subject property is zoned "HC" Highway Commercial District. The temporary building will house the mortgage branch of the bank for a period not to exceed three years. Mr. Sean Faulkner and Mr. Mike Pearce requested favorable consideration of the application. The Planning & Zoning Commission expressed concern that the drive through will remain on the temporary building. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and City Secretary Huff reported there was one letter of support copied to the Council and Commission. Commissioner Martin, seconded by Commissioner Fechter, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Lowery, Hotelling, Fechter & Martin Nays: None Mayor Pro Tem Wilbanks, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Freed, Lease & Coy Nays: None Absent: Stewart ITEM 6. PUBLIC HEARING, HISTORIC LANDMARK SUBDISTRICT HL09-01 BRUCE AND SANDRA CURETON Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Historic Landmark Subdistrict HL09-01 had been filed by Bruce and Sandra Cureton for property located at 511 East 6 10/20/09 Franklin Street. The application requests designation as a historical landmark subdistrict for the subject property known as the Crowley-Sanchez House and that is zoned "R-7.5" Single Family District Regulations. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there 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& Martin Nays: None Council Member Spencer, seconded by Council Member Coy,offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Freed, Lease & Coy Nays: None Absent: Stewart RECESS AND RECONVENE Mayor Tate announced the Planning &Zoning Commission would recess to the Planning& Zoning Conference Room to consider published business. Mayor Tate announced the City Council would take a brief recess. Upon reconvening in the Council Chambers, all members of the City Council were present with the exception of Council Member Roy Stewart. ITEM 6A. CITIZENS COMMENTS, MR. MIKE MORRIS Mr. Mike Morris, 849 Riverside North, addressed the City Council regarding the Trash & Treasures Community Clean Up on Saturday, October 24, 2009 from 8 a.m. to 11 a.m. Volunteers of all ages are invited to join in the clean up of trash at designated beaches, parks, creeks and highways in Grapevine. ITEM 7. AWARD STATE HIGHWAY 26 WATERLINE IMPROVEMENTS CONSTRUCTION CONTRACT Public Works Director Matt Singleton recommended approval of the award of the State Highway 26 Waterline Improvements Construction Contract to Gin-Spen, Inc. in the amount of $593,366.00 and authorization of Staff to execute said contract. The project consists of relocating and construction of approximately 9,720 feet of water lines and appurtenances in preparation for TxDOT widening of State Highway 26. 7 10/20/09 Motion by Council Member Freed, seconded by Mayor Pro Tern Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Freed, Lease & Coy Nays: None Absent: Stewart ITEM 8. AWARD 2009 SANITARY SEWER REPLACEMENT PROJECT CONTRACT Public Works Director Singleton recommended approval of the award of the 2009 Sanitary Sewer Replacement Project Contract to PM Construction in the amount of$771,369.95, approval of Change Order No. 1 in the amount of$177,436.25 and authorization for Staff to execute said contract and Change Order. The project replaces existing sanitary sewer lines in the Lakeview area. Motion by Mayor Pro Tem Wilbanks, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Freed, Lease & Coy Nays: None Absent: Stewart ITEM 9. RESOLUTION, AUTHORIZE TOWER/GROUND LEASE AGREEMENT, "" MINTER'S CHAPEL ROAD CELL TOWER Deputy Director of Public Works Stan Laster recommended approval of a resolution authorizing a Tower/Ground Lease Agreement with CLEAR WIRELESS for the co-location of antennae and installation of communications equipment at the Minter's Chapel Road Cell Tower and authorization for the City Manager to enter into the agreement. The City will receive an annual lease payment of $20,000 for the three proposed dishes on the tower. The lease agreement represents a five-year term with provisions for four automatic five-year renewals and payment increases. Motion by Council Member Spencer, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Freed, Lease & Coy Nays: None Absent: Stewart RESOLUTION NO. 2009-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, APPROVING TOWER/GROUND LEASE AGREEMENTS WITH CLEAR WIRELESS, LLC, FOR THE INSTALLATION OF COMMUNICATIONS EQUIPMENT AND PROVIDING AN EFFECTIVE DATE 8 10/20/09 ITEM 10. RESOLUTION, AUTHORIZE PURCHASE, DIGITAL PHOTO MANAGEMENT SOLUTION Police Chief Eddie Salame recommended approval of a resolution authorizing the purchase of Digital Photo Management Solution from VeriPic as a sole source provider in the amount of$32,462.00. The VeriPic system creates an electronic record of crime scene photographs and videos to maintain a chain-of-custody for evidentiary purposes. Motion by Council Member Coy, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Freed, Lease & Coy Nays: None Absent: Stewart RESOLUTION NO. 2009-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO THE PURCHASE OF A DIGITAL PHOTO LAB; DETERMINING THAT THE DIGITAL PHOTO LAB IS AVAILABLE FROM ONLY ONE SOURCE AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS AND DOCUMENTS AND PROVIDING AN EFFECTIVE DATE ITEM 11. RESOLUTION, AUTHORIZE PURCHASE WIRELESS ACCESS POINTS Police Chief Salame recommended approval of a resolution authorizing the purchase of four wireless access points from Motorola, Inc. in the amount of$26,769.00 for uploading traffic stop videos from the patrol cars, wirelessly. The system will allow all video recorded in a patrol car to be wirelessly transferred to the server in the station once the car enters the parking lot. Motion by Mayor Pro Tern Wilbanks,seconded by Council Member Spencer,to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Freed, Lease & Coy Nays: None Absent: Stewart RESOLUTION NO. 2009-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO THE PURCHASE OF FOUR 9 10/20/09 WIRELESS ACCESS POINTS; DETERMINING THAT THE ACCESS POINTS ARE AVAILABLE FROM ONLY ONE SOURCE AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS AND DOCUMENTS AND PROVIDING AN EFFECTIVE DATE ITEM 12. AUTHORIZE ENGINEERING DESIGN SERVICES, THE VINEYARDS CAMPGROUND AND CABINS Assistant Director of Parks & Recreation Joe Moore recommended approval of an engineering design services contract for The Vineyards Campground and Cabins to Jacobs Engineering in the amount of $115,500.00. The improved amenities at The Vineyards Campground will further support the 858 acres of lake park property and provide an opportunity to increase revenue at The Vineyards Campground with additional cabins, additional sites and connecting all RV sites on the City sanitary sewer system. Motion by Council Member Freed, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Freed, Lease & Coy Nays: None Absent: Stewart 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. Council Member Coy removed Item 15 One-Year Extension Special Use Permit SU08-04 Chesapeake Energy, Ordinance No. 2008-59. Item 13. Renew Interlocal Agreement, Metroport Teen Court Program Administrative Services Director recommended approval of a one-year renewal of an Interlocal Agreement with the cities of Colleyville and Southlake for the Metroport Teen Court Program. Motion by Council Member Freed, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Freed, Lease & Coy Nays: None Absent: Stewart Item 14. Authorize One-Year Extension Conditional Use Permit CU08-23 Classic Hummer, Ordinance No. 2008-55 10 10/20/09 Development Services Director recommended approval of authorizing Speed Fab-Crete on behalf of Classic Hummer a one-year extension to expire on October 21, 2010 of Conditional Use Permit CU08-23 (Ordinance No. 2008-55) for property located at 2501 William D. Tate Avenue. Motion by Council Member Freed, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Freed, Lease & Coy Nays: None Absent: Stewart ITEM 15. AUTHORIZE ONE-YEAR EXTENSION SPECIAL USE PERMIT SU08-04 CHESAPEAKE ENERGY, ORDINANCE NO. 2008-59 This item was removed from the consent agenda by Council Member Coy and discussed after Item 23. Note: Mayor Tate recused himself from the meeting and turned the meeting over to Mayor Pro Tem Wilbanks. Development Services Director recommended approval of authorizing Chesapeake Energy a one-year extension to expire on October 21, 2010 of Special Use Permit SU08-04 (Ordinance No. 2008-59)for gas well drilling on property located at 1048 East Wall Street. Council Member Coy recommended that conditions relative to screening, landscaping and removal of the frac pond be placed on the conditional use as it is currently open ended. Assistant City Attorney Cathy Cunningham advised that the Council could place conditions on the extension and the applicant can then decide whether to accept the conditions or to withdraw the request for the extension. Council Member Coy offered the motion to extend Special Use Permit SU08-04 for one year with the stipulation that the site, except for the driveway, be screened and landscaped within 90 days of drilling and fracing of the first well and that the frac pond be removed within one year of any drilling or fracing. Chesapeake representative Jonathan Fauchenberry stated that they agreed to the conditions. Council Member Spencer offered a second to the motion with the conditions. The motion prevailed by the following vote: Ayes: Wilbanks, Spencer, Freed, Lease & Coy Nays: None 11 10/20/09 Abstain: Tate Absent: Stewart Note: Mayor Pro Tern Wilbanks returned the meeting to Mayor Tate. Item 16. Authorize Grapevine Visitor Shuttle Program Graphic Design Services Convention & Visitors Bureau Director recommended approval of authorizing graphic design services for the Grapevine Visitor Shuttle Program in the amount of $19,860.00 from Big Image Graphics. Motion by Council Member Freed, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Freed, Lease & Coy Nays: None Absent: Stewart Item 17. Resolution, Publication of Notice of Intention, Certificates of Obligation Administrative Services Director recommended approval of a resolution directing publication of a Notice of Intention to issue Certificates of Obligation in the amount of $2,050,000.00 for financing of improvements at The Vineyards Campground and purchase of the e-Citation Mobile/Ticket Writing System. Motion by Council Member Freed, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Freed, Lease & Coy Nays: None Absent: Stewart RESOLUTION NO. 2009-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, RELATING TO THE GIVING OF NOTICE OF INTENTION TO ISSUE CITY OF GRAPEVINE, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2009A AND PROVIDING AN EFFECTIVE DATE Item 18. Authorize Purchase of Ambulance Fire Chief recommended approval of authorizing the purchase of an ambulance in the amount of$185,000.00 from Professional Ambulance and Horton Manufacturing through a cooperative purchasing agreement with the Local Government Purchasing Cooperative (Buyboard.com). 12 10/20/09 Motion by Council Member Freed, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Freed, Lease & Coy Nays: None Absent: Stewart Item 19. Renew Protective Clothing Contract Fire Chief recommended approval of the renewal of the Protective Clothing (bunker gear) Contract with Casco Industries in the amount of$42,600.00. Motion by Council Member Freed, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Freed, Lease & Coy Nays: None Absent: Stewart Item 20. Resolution, Authorize Renewal, Maintenance Agreement, City Geographic Information Mapping System Software Assistant City Manager recommended approval of a resolution authorizing the renewal of a maintenance agreement in the amount of $35,000.00 with ESRI, Inc. as a sole source provider for the City Geographic Information Mapping System software. Motion by Council Member Freed, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Freed, Lease & Coy Nays: None Absent: Stewart RESOLUTION NO. 2009-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO THE PURCHASE OF A MAINTENANCE AGREEMENT; DETERMINING THAT THE MAINTENANCE IS AVAILABLE FROM ONLY ONE SOURCE AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS AND DOCUMENTS AND PROVIDING AN EFFECTIVE DATE Item 21. Authorize Purchase, e-Citation/Mobile Ticket Writing System 13 10/20/09 Police Chief recommended approval of authorizing the purchase of an e-Citation/Mobile Ticket Writing System in the amount of $253,340.00 from Brazos Technology. Motion by Council Member Freed, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Freed, Lease & Coy Nays: None Absent: Stewart Item 22. Authorize Purchase, Storage Area Network Hardware Assistant City Manager recommended approval of the purchase of additional Storage Area Network Hardware from The Harding Group in the amount of$53,400.00. Motion by Council Member Freed, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Freed, Lease & Coy Nays: None Absent: Stewart emok Item 23. Consideration of Minutes City Secretary recommended approval of the minutes of the October 6, 2009 City Council meetings as published. Motion by Council Member Freed, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Freed, Lease & Coy Nays: None Absent: Stewart ITEM 22. PLANNING & ZONING COMMISSION RECOMMENDATION SPECIAL USE APPLICATION SU09-06 CHESAPEAKE ENERGY Note: Mayor Tate recused himself from the meeting and turned the meeting over to Mayor Pro Tem Wilbanks. Chairman Larry Oliver reported the Planning &Zoning Commission voted 7-0 for approval of Special Use Application SU09-06 with the conditions that the applicant work with City Staff to relocate the ingress and regress from North Grapevine Mills Boulevard to Grapevine Mills Circle and that the frac pond shall be removed within 24 months of the commencing of drilling of the first well, which will begin no later than December 31, 2009. 14 10/20/09 The application was filed by Chesapeake Energy requesting a special use permit for gas well drilling and production on property located at 2720 North Grapevine Mills Boulevard. Council discussion ensued regarding a stipulation that the location of the pipeline from the well to the main line use the existing right of way, or immediately adjacent to the existing right of way. There was also a request to review the plan for the proposed learning center at the well site. During discussion, Mr. Dahlstrom advised that the pipeline permitting and location would be processed through a separate company with the City. Council questioned if the applicant preferred to table the item to the first meeting in November in order to provide the requested information regarding the pipeline location. Mr. Dahlstrom requested the item be tabled to the first meeting in November. Council Member Spencer, seconded by Council Member Coy,offered a motion to table the item to the November 3, 2009 meeting. The motion prevailed by the following vote: Ayes: Wilbanks, Spencer, Freed, Lease & Coy Nays: None Abstain: Tate Absent: Stewart ITEM 25. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT, GRAPEVINE MILLS WELLS Chairman Oliver reported the Planning &Zoning Commission voted 7-0 for approval of the Statement of Findings and the preliminary plat of Grapevine Mills Wells. The subject 33.515 acre property is located at 2800 Grapevine Mills Parkway and is being platted to drill gas wells. Council Member Freed, seconded by Council Member Coy, offered a motion to table the preliminary plat of Grapevine Mills Wells to the November 3, 2009 meeting. The motion prevailed by the following vote: Ayes: Wilbanks, Spencer, Freed, Lease & Coy Nays: None Abstain: Tate Absent: Stewart ITEM 26. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1, BLOCK 1, GRAPEVINE MILLS WELLS Chairman Oliver reported the Planning &Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1, Block 1, Grapevine Mills Wells. The 3.030 acre property is located at 2800 Grapevine Mills Parkway and is being platted to drill gas wells. 15 10/20/09 Council Member Lease, seconded by Council Member Coy, offered a motion to table the final plat of Grapevine Mills Wells to the November 3, 2009 meeting. The motion prevailed by the following vote: Ayes: Wilbanks, Spencer, Freed, Lease & Coy Nays: None Abstain: Tate Absent: Stewart Note: Mayor Pro Tem Wilbanks returned the meeting to Mayor Tate. ITEM 27. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z09-06 MUSTANG ELITE CAR WASH AND LUBE CENTER Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Zoning Application Z09-06 filed by Mustang Elite Car Wash and Lube Center granting rezoning of 1.009 acres from "LI" Light Industrial District to "CC" Community Commercial District Regulations. The subject property is located at 2125 Ira E. Woods Avenue. Council Member Freed, seconded by Council Member Lease, offered a motion to accept the Commission's recommendation and approve the first reading of the ordinance granting the rezoning. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Freed, Lease & Coy Nays: None Absent: Stewart ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE OF GRAPEVINE, TEXAS, GRANTING ZONING CHANGE Z09-06 ON A TRACT OF LAND OUT OF THE T. EASTER SURVEY, ABSTRACT NO. 474, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "LI" LIGHT INDUSTRIAL DISTRICT TO "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING 16 10/20/09 TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES AND PROVIDING AN EFFECTIVE DATE ITEM 28. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU09-34 MUSTANG ELITE CAR WASH AND LUBE CENTER Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU09-34 with the condition that the current lube center shall be for the following uses only: paintless dent repair,tire rotations, window tinting, car wash detailing, state inspections and automotive retail sales and installation. The application was filed by Mustang Elite Car Wash and Lube Center and approval grants a conditional use permit to amend the site plan to relocate the lube center and a 20 foot pole sign. The subject property is located at 2125 Ira E. Woods Avenue. Council Member Spencer, seconded by Council Member Coy, offered a motion to accept the Commission's recommendation with the conditions and approve the first reading of the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Freed, Lease & Coy Nays: None Absent: Stewart ORDINANCE NO. 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 CU09-34 TO RELOCATE A LUBE CENTER WITH A 20 FOOT POLE SIGN IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER 17 10/20/09 PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS AND PROVIDING AN EFFECTIVE DATE ITEM 29. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU09-33 GAYLORD TEXAN RESORT AND CONVENTION CENTER ON LAKE GRAPEVINE Chairman Oliver reported that the Planning &Zoning Commission voted 6-1 for approval of Conditional Use Application CU09-33 filed by Gaylord Texan Resort and Convention Center on Lake Grapevine granting a conditional use permit to amend the site plan approved by Ordinance No. 2008-48 for a resort pool/event area with the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages), outdoor speakers and temporary signage for the "ICE" event. The property is located at 1000 Gaylord Trail. woo Council Member Freed, seconded by Mayor Pro Tem Wilbanks,offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Freed, Lease & Coy Nays: None Absent: Stewart ORDINANCE NO. 2009-45 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 CU09-33 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2008-48 FOR A RESORT POOL/EVENT AREA, IN CONJUNCTION WITH A HOTEL AND CONVENTION CENTER WITH THE POSSESSION, STORAGE, RETAIL SALE AND ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES), OUTDOOR SPEAKERS, kr 18 10/20/09 AND TEMPORARY SIGNAGE FOR THE SEASONAL "ICE" EVENT IN A DISTRICT ZONED "PCD" PLANNED COMMERCE DEVELOPMENT DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; 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 30. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT LOTS 1 AND 2, BLOCK 1, OPRYLAND FOURTH ADDITION Chairman Oliver reported that the Planning &Zoning Commission voted 6-1 for approval of the Statement of Findings and the preliminary plat of Lots 1 and 2, Block 1, Opryland Fourth Addition. The 25.23 acre property is located at 1000 Gaylord Trail and being platted for development of a resort pool/event area. The subject property is zoned "PCD" Planned Commerce Development District. Council Member Freed, seconded by Council Member Coy, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the preliminary plat of Lots 1 and 2, Block 1, Opryland Fourth Addition. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Freed, Lease & Coy Nays: None Absent: Stewart ITEM 31. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1 AND 2, BLOCK 1, OPRYLAND FOURTH ADDITION Chairman Oliver reported the Planning &Zoning Commission voted 6-1 for approval of the final plat of Lots 1 and 2, Block 1, Opryland Fourth Addition. The 25.23 acre property is located at 1000 Gaylord Trail and being platted for development of a resort pool/event area. The subject property is zoned `PCD" Planned Commerce Development District. 19 10/20/09 Council Member Coy, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lots 1 and 2, Block 1, Opryland Fourth Addition. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Freed, Lease & Coy Nays: None Absent: Stewart ITEM 32. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU09-35 BANK OF THE WEST Chairman Oliver reported the Planning & Zoning Commission voted 5-2 for approval of Conditional Use Application CU09-35 with the condition that the drainage and paving issues be resolved. The application was filed by Bank of the West requesting to extend approval of a temporary bank facility to October 20, 2012. The subject property is located at 108 West Northwest Highway. Council Member Spencer, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation with the stipulation that the issues be resolved within 90 days and approve the ordinance granting the conditional use. The motion prevailed by the following vote: mwo Ayes: Tate, Wilbanks, Spencer, Freed, Lease & Coy Nays: None Absent: Stewart ORDINANCE NO. 2009-46 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 CU09-35 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2006-76 TO EXTEND APPROVAL OF A TEMPORARY BANK FACILITY IN A DISTRICT ZONED "HC" HIGHWAY COMMERCIAL DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC 20 10/20/09 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 33. PLANNING & ZONING COMMISSION RECOMMENDATION HISTORIC LANDMARK SUBDISTRICT HL09-01 CROWLEY-SANCHEZ HOUSE Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Historic Landmark Subdistrict HL09-01 filed by Bruce and Sandra Cureton granting a Historic Landmark Subdistrict on property located at 511 East Franklin Street known as the Crowley-Sanchez House. Mayor Pro Tern Wilbanks, seconded by Council Member Lease, offered a motion to accept the Commission's recommendation and approve the ordinance granting the Historic Landmark Subdistrict. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Freed, Lease & Coy Nays: None Absent: Stewart ORDINANCE NO. 2009-47 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DESIGNATING A HISTORIC LANDMARK SUBDISTICT HL09-01 IN ACCORDANCE WITH SECTION 39 OF ORDINANCE NO. 82-73 (APPENDIX"D"OF THE CODE OF ORDINANCES), DESIGNATING THE AREA LEGALLY DESCRIBED AS LOT 3, BLOCK 113, COLLEGE HEIGHTS ADDITION, WILLIAM DOOLEY SURVEY AND MORE SPECIFICALLY DESCRIBED HEREIN, IN A DISTRICT ZONED "R-7.5" SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS; PROVIDING FOR THE ADOPTION OF THE CROWLEY-SANCHEZ HOUSE HISTORIC DISTRICT DESIGN GUIDELINES; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR 21 10/20/09 EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Coy, offered a motion to adjourn the meeting at 9:50 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Freed, Lease & Coy Nays: None Absent: Stewart PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 3rd day of November, 2009. APPROVED: 4isigg William D. Tate Mayor ATTEST: Lin a Huff City Secretary 22