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HomeMy WebLinkAboutItem 13 - Minutes 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 March, 2012 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 Tern Sharron Spencer Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member constituting a quorum, with Council Member Chris Coy absent,with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager John F. Boyle, Jr. City Attorney . Jodi C. Brown City Secretary CALL TO ORDER Mayor Tate called the workshop to order at 6:48 p.m. ITEM 1. DISCUSS PROPOSED AMENDMENTS TO CHAPTER 12 HEALTH AND SANITATION, ARTICLE VII, OIL AND GAS WELL DRILLING Development Services Director Scott Williams stated Chesapeake Energy had requested consideration of an amendment to the Grapevine Code of Ordinances, Chapter 12 Health and Sanitation, Article VI I, Oil and Gas Well Drilling to increase the time period of allowing a fresh water pond to remain on an inactive site from 9 months to up to two years,with the possibility of an administrative review for six month extensions. After discussion, it was the consensus of Council that Staff prepare an amendment for future consideration to Chapter 12 Health and Sanitation, Article VII, Oil and Gas Well Drilling allowing a fresh water pond to remain in place for one year following fracturing operations and allowing annual review by the Site Plan Review Committee for one year extensions. There was no formal action taken by the City Council. ITEM 2. MONTHLY FINANCIAL UPDATE 03/20/12 Administrative Services Director John McGrane presented the monthly financial update through February 2012, noting March sales tax revenue was down slightly, payment of delinquent propertytaxes was up, and that Staff would continue to monitor expenditures as part of the budget contingency plan. There was no action taken by the City Council. ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Freed, offered a motion to adjourn the workshop at 7:10 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 3rd day of April, 2012. APPROVED: William D. Tate Mayor ATTEST'", Jodi C. Brown City Secretary 2 STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Executive Session on this the 20th day of March, 2012 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 Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member constituting a quorum, with Council Member Chris Coy absent, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager John F. Boyle, Jr. City Attorney Jodi C. Brown City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:10 p.m. ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding: (A) Pending or contemplated litigation relative to CBS Billboard v. Grapevine and Grapevine Board of Zoning Adjustment, Cause No. 141-254547-11 pursuant to Section 551.071, Texas Government Code; and (B) Conference with City Manager and Staff to discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate or expand in the City; with which businesses the City is conducting economic development negotiations under Section 551.087, Texas Government Code. Upon reconvening in open session in the Council Chambers, Mayor Tate asked if there was any action necessary relative to the closed session. City Manager Bruno Rumbelow stated there was no action necessary relative to conference with City Manager and Staff under Section 551.087, Texas Government Code. 03/20/12 NOTE: item (A) pending or contemplated litigation under Section 551.071, Texas Government Code was not discussed. NOTE: City Council continued with the Regular City Council meeting in open session in the City Council Chambers. ADJOURNMENT Mayor Pro Tem Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 9:12 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 3rd day of April, 2012. APPROVED: William D. Tate Mayor ATTEST: Jodi C. Brown City Secretary 2 STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council and the Planning & Zoning Commission of the City of Grapevine, Texas met in Regular Joint Session on this the 20th day of March, 2012 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 constituting a quorum,with Council Member Chris Coy absent,with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Herbert Fry Vice Chairman Betty "BJ" Wilson Member Monica Hotelling Member Jim Fechter Member Gary Martin Member Beth Tiggelaar Member constituting a quorum,with Commissioners Wayne Szot and Elaine Martin absent,with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager John F. Boyle, Jr. City Attorney Jodi C. Brown City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:30 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Betty Wilson delivered the Invocation and led the Pledge of Allegiance. ITEM 1. PUBLIC HEARING ZONING APPLICATION Z11-04 PLANNED DEVELOPMENT OVERLAY APPLICATION PD11-05 AND FINAL PLAT APPLICATION LOTS 1-9 BLOCK A LOTS 1-6 BLOCK B AND LOTS 1-6 03/20/12 BLOCK C. LAS PALOMAS BEING A REPLAT OF LOT 1, BLOCK 10, PARRA LINDA ESTATES, SECTION IV Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Zoning Application Z11-04, Planned Development Application PD11-05 and the final plat application of Lots 1-9, Block A, Lots 1-6, Block B and Lots 1-6, Block C, Las Palomas being a replat of Lot 1, Block 10, Parra Linda Estates, Section IV had been filed by Las Palomas Townhomes. The subject property is located at 3091 Dove Road. Zoning Application Z11-04 requests rezoning of 2.74 acres from "PO" Professional Office District Regulations to"R-TH"Townhouse District Regulations for the development of 19 residential detached townhomes on the southeast corner of Dove Road and Kimball Road. Planned Development Application PD11-05 requests a planned development overlay to include but not be limited to deviation to the attached family dwelling, building coverage, front yard setback, rear yard setback, side yard setback, side yard setback adjacent to a street, front lots upon public streets, buffer area and building separation. . David McMahan requested favorable consideration of the application. The City Council and the Planning & Zoning Commission questioned placement of trash bins for collection, resident and guest parking, and availability of sidewalks. Mr. McMahan stated residents would not place bins curbside but would use designated areas, that additional parking areas were available in the development and that sidewalks were planned for project. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and it was noted the Council and the Commission had been copied the one letter of protest. Commissioner Hotelling, seconded by Commissioner Fechter,offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Martin & Tiggelaar Nays: None Council Member Stewart, seconded by Council Member Lease, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy ITEM 2. PUBLIC HEARING CONDITIONAL USE APPLICATION CU12-04 FIRST FINANCIAL BANK 2 03/20/12 Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh stated Conditional Use Application CU 12-04 had been filed by First Financial Bank requesting a conditional use permit to amend the site plan approved by Ordinance No. 2011-25 for a monument sign with changeable copy in excess of 30%. The subject property is located at 1015 West Northwest Highway and is zoned "HC" Highway Commercial District. The applicant proposes to install one electronic message center LED type monument sign on Northwest Highway that has 100%changeable copy, measures 9.5 x 10 feet, containing 43 square feet of sign face and that photometric plan shows all lighting requirements would be met. Mr. Tom Purvis requested favorable consideration of the application. Council and Commission expressed concern for driver safety, the amount of changeable copy and display time on the requested LED monument sign. Mayor Tate invited guests present to comment regarding the application. Mr. Carl Young, 4113 Meadow Drive, expressed concerns on sign location, line of site and display timing. There was no correspondence to report. Commissioner Fry, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Martin & Tiggelaar Nays: None Mayor Pro Tern Wilbanks, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy ITEM 3. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU12-07 MC CORNER Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Conditional Use Application CU 12-07 had been filed by MC Corner requesting a conditional use permit to amend the site plan approved by Ordinance No. 97-82 for the possession, storage, retail sale and off- premise consumption of alcoholic beverages (beer and wine only) in conjunction with a convenience store with gasoline sales. The subject property is located at 513 East Northwest Highway and is zoned "CC" Community Commercial District Regulations. 3 03/20/12 The applicant intends to demolish the existing structures, construct a new 2,881 square foot convenience store, eliminate the Dooley Street driveway, and replace the existing 20 foot pole sign with a monument sign. If approved, this will be the first reading of an ordinance as the Board of Zoning Adjustment must consider the request for approval of a special exception, due to minimum open space requirements, maximum impervious area, front yard setback, side yard setback, rear yard setback, and landscaping, along with variances to address the existing lot size and width. Mr. Jace Huffman, representing the applicant, requested favorable consideration of the application. Council inquired if the food mart area was being expanded, along with the type of products sold. It was stated the applicant was not enlarging the food area and that typical prepackaged food items would be available. 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 Tiggelear, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Martin & Tiggelaar Nays: None Council Member Spencer, seconded by Council Member Lease, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy ITEM 4. PUBLIC HEARING CONDITIONAL USE APPLICATION CU12-08 JAKE'S HAMBURGERS Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Conditional Use Application CU 12-08 had been filed by Jake's Hamburgers requesting a conditional use permit for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant. The subject property is located at 520 South Main Street#201 and is zoned "CBD" Central Business District. The applicant proposes an 87-seat, full service restaurant in a 2,775 square foot portion of a multi-tenant structure located at the southwest corner of West Franklin Street and South Main Street. The development has 42 on-site parking spaces,with the restaurant requiring 29 spaces. Adequate parking is available in the immediate vicinity to accommodate the 4 03/20/12 proposed restaurant and the building's future tenants with the use of public parking lots. Mr. Greg Garvey requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Martin, seconded by Commissioner Hotelling, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Martin & Tiggelaar Nays: None Council Member Lease, seconded by Council Member Freed,offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy ITEM 5. PUBLIC HEARING AM12-01 AMENDMENTS GRAPEVINE CODE OF ORDINANCES,APPENDIX"D", COMPREHENSIVE ZONING ORDINANCE NO. 82-73, AS AMENDED, SECTION 22 "R-MF" MULTIFAMILY DISTRICT REGULATIONS AND SECTION 56 OFF-STREET PARKING REQUIREMENTS Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reviewed the proposed amendments to the Grapevine Code of Ordinances,Appendix"D", the Comprehensive Zoning Ordinance No. 82-73, as amended, Section 22 "R-MF" Multifamily District Regulations relative to open space, landscaping and design requirements, and Section 56 Off-Street Parking Requirements relative to multifamily use parking requirements. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. Mr. Kenneth Fambro, 1005 Sumac Drive, Keller, commented on proposed amendments to open space, asking that the Council and Commission consider not only the interior of a courtyard but the overall site plan of a development. There was no correspondence to report. Commissioner Wilson, seconded by Commissioner Fechter, offered a motion to close the public hearing. The motion prevailed by the following vote: 5 03/20/12 Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Martin & Tiggelaar Nays: None Council Member Freed, 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 Nays: None Absent: Coy 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 6. PRESENTATION RELAY FOR LIFE Ms. Debbie Reynolds, Event Chair for Relay For Life briefed the City Council on the upcoming cancer fund raising event to be held at Cross Timbers Middle School on April 27 and 28, 2012. ITEM 7. RECONSIDER CONDITIONAL USE APPLICATION CU12-01 TINT WORLD Development Services Director Scott Williams presented a request by Council Member Stewart to reconsider the Council vote on Conditional Use Application CU12-01 filed by Tint World for property located at 1231 William D. Tate Avenue #100 requesting a conditional use permit to amend the site plan approved by Ordinance No. 99-46 for automotive repair(window tinting, audio,detailing and alarm installation)on property zoned "CC" Community Commercial District Regulations. Council Member Stewart, seconded by Mayor Pro Tern Wilbanks, offered a motion to reconsider the vote of the Council on February 21, 2012 for denial of Conditional Use Application CU12-01. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart & Lease Nays: Freed Absent: Coy After discussion ensued, it was the consensus of the Council to have the applicant re-file the case, therefore, allowing changes or modifications to the previously filed application. 6 03/20/12 Mayor Pro Tem Wilbanks, seconded by Council Member Lease, offered a motion to deny Conditional Use Application CU12-01 without prejudice. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy ITEM 8. AUTHORIZE AGREEMENTS FOR UTILITY POLE REMOVAL, CVB VIEWING PLAZA Public Works Director Stan Laster recommended authorizing the City Manager to enter into agreements with ONCOR, Verizon and Time Warner in the estimated amounts of $30,600.00, $16,700.00 and $4,500.00, respectively, for the removal of the utility pole at the southeast corner of Hudgins Street and Main Street to enhance the planned viewing plaza in the area. The three utility companies estimated the project to take approximately four to six weeks once scheduled, which would allow completion of the viewing plaza by May 2012. Council inquired if the tree at Hudgins Street and Main Street would be removed. Convention & Visitors Bureau Director McCallum assured Council the tree would not be removed. Council Member Freed, seconded by Council Member Lease, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy 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 Spencer removed Item 17 Award Annual Medical Physicals Contract for Fire and Police Departments. Item 9. Ordinance, Abandon Portion of Drainage and Utility Easement, Lot 9 Block 4_Austin Oaks Addition Public Works Director recommended approval of an ordinance abandoning a two foot strip of a 7.5 foot wide drainage and utility easement across the rear of the residence at 2417 San Jacinto Lane (Lot 9, Block 4, Austin Oaks Addition). 7 03/20/12 Motion by Council Member Lease, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy ORDINANCE NO. 2012-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A PORTION OF A 7.5 FOOT WIDE DRAINGE AND UTILITY EASEMENT ON LOT 9, BLOCK 4, AUSTIN OAKS ADDITION IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Item 10. __. Appointments to Grapevine Housing Authority Board of Commissioners, Building Board of Appeals and Convention &Visitors Bureau Advisory Board Council Member Spencer recommended appointing Karen Rice to the Grapevine Housing Authority Board of Commissioners to fill the vacancy that expires in June 2012; Rex Young, as a regular member, to the Building Board of Appeals for a one-year term expiring in 2013; and Lance Marrin to the Convention &Visitors Bureau Advisory Board, as a regular member, for a one-year term expiring in 2013. Motion by Council Member Lease, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy Item 11. Ordinance, Final Reading of Atmos Franchise Renewal City Manager recommended approval of an ordinance on second and final reading granting the Atmos Franchise renewal for a period of 15 years. After publication and acceptance by Atmos, the ordinance will become effective May 1, 2012. Motion by Council Member Lease, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy ORDINANCE NO. 2012-09 8 03/20/12 AN ORDINANCE GRANTING TO ATMOS ENERGY CORPORATION,ATEXAS AND VIRGINIA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO FURNISH, TRANSPORT AND SUPPLY GAS TO THE GENERAL PUBLIC IN THE CITY OF GRAPEVINE,TARRANT COUNTY, TEXAS, FOR THE TRANSPORTING, DELIVERY, SALE, AND DISTRIBUTION OF GAS IN, OUT OF, AND THROUGH SAID MUNICIPALITY FOR ALL PURPOSES; PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF THE STREETS, ALLEYS, AND PUBLIC WAYS; REPEALING ALL PREVIOUS ATMOS ENERGY GAS FRANCHISE ORDINANCES; PROVIDING THAT IT SHALL BE IN LIEU OF OTHER FEES AND CHARGES, EXCEPTING AD VALOREM TAXES; PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS AND LIMITATIONS UNDER WHICH SUCH FRANCHISE SHALL BE EXERCISED; PROVIDING A MOST FAVORED NATIONS CLAUSE, ANDA SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE Item 12. Resolution, Authorize Purchase of Virtual Desktops City Manager recommended approval of a resolution authorizing the purchase of virtual desktops forthe Information Technology Department from Flair Data Systems, Inc. through the State of Texas Department of Information Resources (DIR) Information and Communications Technologies (ICT) Cooperative Contracts Program in the amount of $67,217.02. Motion by Council Member Lease, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy RESOLUTION NO. 2012-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE,TEXAS,AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO PURCHASE VIRTUAL DESKTOPS FOR THE INFORMATION TECHNOLOGY DEPARTMENT THROUGH A STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES (DIR) CONTRACT PROGRAM AND PROVIDING AN EFFECTIVE DATE Item 13. Resolution, Authorize Chair Purchase, CVB Headquarters 9 03/20/12 Convention &Visitors Bureau Director recommended approval of a resolution authorizing the purchase of chairs for the CVB Headquarters' meeting hall from Virco Mfg. Corporation through an established cooperative agreement with U. S. Communities in the amount of $24,584.00. Motion by Council Member Lease, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy RESOLUTION NO. 2012-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO PURCHASE CHAIRS FOR CVB HEADQUARTERS' MEETING HALL THROUGH AN ESTABLISHED NATIONAL COOPERATIVE PURCHASING AGREEMENT AND PROVIDING AN EFFECTIVE DATE Item 14. Award Bid 379-2012, Police Motorcycles Public Works Director recommended awarding Bid 379-2012 forthe purchase offive Police motorcycles to Longhorn Harley Davidson in an amount not to exceed $109,405.80. Motion by Council Member Lease, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy Item 15. Award Bid 381-2012, Police Vehicles Public Works Director recommended awarding Bid 381-2012 to Reliable Chevrolet for the purchase of 17 Police vehicles in an amount not to exceed $571,030.35. Motion by Council Member Lease, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy 10 03/20/12 Item 16. Approve Adopt-An-Area Agreements, Magnus LaDue and Demmilee Video Productions Parks & Recreation Advisory Board and Parks & Recreation Director recommended approving the Adopt-An-Area Agreements with Magnus LaDue for a portion of Big Bear Creek Trail, from Bear Creek Park to the Church at the Cross pond, and with Demmilee Video Productions for the portion of Lake Grapevine shoreline between Trawick Boat Ramp and Dove Loop Boat Ramp. Motion by Council Member Lease, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy ITEM_ 17. AWARD ANNUAL MEDICAL PHYSICALS CONTRACT, FIRE AND POLICE DEPARTMENTS This item was removed from the Consent Agenda and discussed after Item 18. Staff recommended awarding a professional services contract to Huguley Assessment Center to provide annual medical physicals for the Fire and Police Departments !in an amount not to exceed $47,400.00. Council Member Spencer expressed concern with using a facility outside of Grapevine, resulting in additional travel expense. Fire Chief Bass stated a local provider had previously been used, and that Huguley Assessment Center was better equipped at handling the specialized physicals that would be conducted on-site in City facilities. Motion by Council Member Spencer, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy Item 18. Consideration of Minutes City Secretary recommended approval of the minutes of the March 6, 2012 City Council meetings as published. Motion by Council Member Lease, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: 1 03/20/12 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy ITEM 19. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z11-04 LAS PALOMAS TOWNHOMES Chairman Oliver reported the Commission voted 7-0 for denial of Zoning Application Z11-04 filed by Las Palomas Townhomes requesting rezoning of 2.74 acres from "PO" Professional Office District Regulations to "R-TH" Townhouse District Regulations for property located at 3091 Dove Road for the development of 19 residential townhomes. Council Member Spencer, seconded by Mayor Pro Tern Wilbanks, offered a motion to accept the Commission's recommendation for denial of the application. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy ITEM 20. PLANNING & ZONING COMMISSION RECOMMENDATION PLANNED DEVELOPMENT OVERLAY APPLICATION PD11-05 LAS PALOMAS TOWNHOMES Chairman Oliver reported the Commission voted 7-0 for denial of Planned Development Overlay Application PD11-05 filed by Las Palomas Townhomes requesting approval of the planned development overlay for the development at 3091 Dove Road with deviation from the attached family dwelling, building coverage,front yard setback, rear yard setback, side yard setback, side yard setback adjacent to a street, landscape buffer and building separation. Mayor Pro Tern Wilbanks, seconded by Council Member Lease,offered a motion to accept the Commission's recommendation for denial of the planned development overlay. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy ITEM 21. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1-9, BLOCK A, LOTS 1-6, BLOCK B AND LOTS 1-6, BLOCK C, LAS PALOMAS Chairman Oliver reported the Commission voted 7-0 for denial of the Statement of Findings and the final plat of Lots 1-9, Block A, Lots 1-6, Block B and Lots 1-6, Block C, Las 12 03/20/12 Palomas. The 2.74 acres is located at the southeast corner of Kimball Road and Dove Road. Council Member Freed, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation for denial of the Statement of Findings and the final plat of Lots 1-9, Block A, Lots 1-6, Block B and Lots 1-6, Block C, Las Palomas. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy ITEM 22. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU12-04 FIRST FINANCIAL BANK Chairman Oliver reported the Commission voted 7-0 for denial of Conditional Use Application CU 12-04 filed by First Financial Bank requesting a conditional use permit to amend the site plan approved by Ordinance No. 2011-25 for a monument sign with changeable copy in excess of 30% located at 1015 West Northwest Highway. Mayor Pro Tern Wilbanks, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation for denial of the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart & Lease Nays: Freed Absent: Coy ITEM 23. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU12-07 MC CORNER Chairman Oliver reported the Commission voted 7-0 for approval of Conditional Use Application CU 12-07 filed by MC Corner granting a conditional use permit to amend the site plan approved by Ordinance No. 97-82 forthe possession, storage, retail sale and off- premise consumption of alcoholic beverages (beer and wine only) in conjunction with a convenience store with gasoline sales located at 513 East Northwest Highway. Council Member Stewart, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation and approve the first reading of the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy 13 03/20/12 ITEM 24. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU12-08 JAKE'S HAMBURGERS Chairman Oliver reported the Commission voted 7-0 for approval of Conditional Use Application CU 12-08 filed by Jake's Hamburgers granting a conditional use permit for the possession, storage, retail sale and on-premise consumption of alcoholic beverages(beer, wine and mixed beverages) in conjunction with a restaurant located at 520 South Main Street#201. 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 Nays: None Absent: Coy ORDINANCE NO. 2012-10 AN ORDINANCE 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 CU12-08 FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) IN CONJUNCTION WITH A RESTAURANT IN A DISTRICT ZONED "CBD" CENTRAL BUSINESS 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 25. PLANNING & ZONING COMMISSION RECOMMENDATION AM12-01 AMEND APPENDIX D, COMPREHENSIVE ZONING ORDINANCE 14 03/20/12 NO. 82-73, AS AMENDED SECTION 22 "R-MF" MULTIFAMILY DISTRICT REGULATIONS AND SECTION 56 OFF-STREET PARKING REQUIREMENTS Chairman Oliver reported the Commission voted 7-0 for approval with changes to Section 22 "R-MF" Multifamily District Regulations ofAM12-01 amendments to the Grapevine Code of Ordinances, Appendix D, Comprehensive Zoning Ordinance No. 82-73, as amended, Section 22 "R-MF"Multifamily District Regulations relative to open space, landscaping and design requirements, and Section 56 Off-Street Parking Requirements relative to multifamily use parking requirements. Council Member Freed, seconded by Mayor Pro Tern Wilbanks,offered a motion to accept the Commission's recommendation with changes and approve the ordinance amending the Grapevine Code of Ordinances, Appendix D. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy ORDINANCE NO. 2012-11 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, BY PROVIDING FOR AMENDMENTS AND CHANGES TO ZONING REGULATIONS BY AMENDING SECTION 22 "R-MF" MULTIFAMILY DISTRICT REGULATIONS AND SECTION 56 OFF-STREET PARKING REQUIREMENTS 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 26. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT LOTS 1 AND 2 BLOCK 1 OGLETREE ADDITION Chairman Oliver reported the Commission voted 7-0 for approval of the Statement of Findings and the preliminary plat of Lots 1 and 2, Block 1, Ogletree Addition which is being platted to divide the property into two lots. The subject property is zoned "R-7.5" Single Family District Regulations. Council Member Stewart, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the 15 03/20/12 preliminary plat of Lots 1 and 2, Block 1, Ogletree Addition. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy ITEM 27. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1 AND 2, BLOCK 1, OGLETREE ADDITION Chairman Oliver reported the Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 1 and 2, Block 1, Ogletree Addition which is being platted into two lots to allow for a future residence on Lot 2. The 0.502 acres is located at 1819 Dunn Street and is zoned "R-7.5" Single Family District Regulations. Council Member Freed, seconded by Council Member Lease, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lots 1 and 2, Block 1, Ogletree Addition. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 9:12 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: None Absent: Coy PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 3rd day of April, 2012. APPROVED: William D. Tate Mayor 16 03/20/12 ATTEST: Jodi C. Brown City Secretary 17