Loading...
HomeMy WebLinkAboutItem 15 - Minutes M STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 19th day of May, 2009 at 6:30 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to-wit: William D. Tate Mayor C. Shane Wilbanks Mayor Pro Tern Sharron Spencer Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager H. T. Hardy Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the workshop to order at 6:34 p.m. ITEM 1. UPDATE, JPS HOSPITAL OPERATIONS - GCISD SCHOOL BASED HEALTH CENTER JPS Hospital President and CEO, Mr. Robert Earley, briefed the Council regarding JPS's operations and future plans. He stated their goal is to become a level one trauma center within one year. Mr. Earley emphasized JPS's work with the school districts to establish school clinics that provide needed health care to students. He stated that he would make an annual report to the Council regarding the progress and programs provided by JPS Hospital for Tarrant County. There was no formal action taken by the City Council. ITEM 2. UPDATE, ICLEI GOALS AND STIMULUS PROGRAM FUNDING Public Works Director Matt Singleton reviewed the ICLEI Milestones met by the City since 2005 regarding greenhouse gas emission inventory, energy saving projects completed and he identified new projects to achieve carbon footprint reduction. He noted funding opportunities as well as highlighted proposed projects for Stimulus block grants. 05/19/09 The Council commended Staff for their actions. There was no formal action taken by the City Council. ITEM 3. MONTHLY FINANCIAL UPDATE Administrative Services Director John McGrane presented the monthly financial report noting that sales taxes are down over 19% and that Staff has been checking with the State Comptroller's to be sure that is accurate. He stated that Grapevine's unemployment rate is remaining steady at 5.6% and that Hotel Occupancy Taxes are on the rise. There was no formal action taken by the City Council. ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Stewart, 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 & Coy Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 2nd day of June, 2009. APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary 2 STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine,Texas met in Executive Session on this the 19th day of May, 2009 at 6:45 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to-wit: William D. Tate Mayor C. Shane Wilbanks Mayor Pro Tem Sharron Spencer Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager H. T. Hardy Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:12 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 after attending a brief reception for the Grapevine Heritage Foundation's 2009 Preservation Advocacy Award winners in the Mayor's Office. 05/19/09 ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Coy, offered a motion to adjourn the meeting at 8:40 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 2nd day of June, 2009. APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary 2 STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council and the Planning & Zoning Commission of the City of Grapevine, Texas met in Regular Joint Session on this the 19th day of May, 2009 at 7:30 p.m. in the City Council Chambers, Second Floor, 200 South Main Street, with the following members of the City Council present to-wit: William D. Tate Mayor C. Shane Wilbanks Mayor Pro Tem Sharron Spencer Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with the following members of the Planning &Zoning Commission: Larry Oliver Chairman Betty "BJ" Wilson Member Mark Lowery Member Monica Hotelling Member "'" Jim Fechter Member Gary Martin Member Elaine Martin Alternate constituting a quorum, with Commissioner Herbert Fry and Alternate Wayne Szot absent, with the following members of the City Staff: Bruno Rumbelow City Manager H. T. Hardy Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:37 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Council Member Spencer delivered the Invocation and led the Pledge of Allegiance. 05/19/09 ITEM 1. OATH OF OFFICE City Secretary Linda Huff administered the Oath of Office to re-elected Mayor William D. Tate, Council Member, Place 1, C. Shane Wilbanks and Council Member, Place 2, Sharron Spencer. ITEM 2. PRESENTATION, RECOGNITION OF ROTARIANS "OPEN WORLD" PROGRAM Mayor Tate recognized the six Russian delegates participating in the "Open World" Program that was established by the U. S. Congress in 1999 to enhance understanding and capabilities for cooperation between the United States and Russia. The Grapevine Rotary Club hosted the delegates giving them firsthand exposure to the American system of participatory democracy and free enterprise, as well as experiencing American family life and taking part in cultural and community activities. Mayor Tate presented each delegate with a certificate making them an honorary citizen of Grapevine, Texas. ITEM 3. PRESENTATION, GRAPEVINE HERITAGE FOUNDATION'S 2009 PRESERVATION ADVOCACY AWARD WINNERS Mayor Tate presented Grapevine Heritage Foundation's 2009 Preservation Advocacy Award Winners. The Preservation Advocacy Awards commemorate outstanding preservation accomplishments within the City of Grapevine. Mayor Tate presented the following awards: Grapevine Township Project Award — Butch Etheridge and Faith Christian School for outstanding restoration of the historic Grapevine Band Hall/Homemaking Cottage to its original appearance at 730 East Worth Street; Restoration Project—Sarah and Jason Wright for their restoration of the historic Millican House at 603 East Worth Street; Rehabilitation Award —John Beck for the outstanding rehabilitation of the Historic Miles - Chambers House, its grounds and outbuildings at 626 South Church Street; New Infill Construction — Jackie and Vick Cox Residence for a new house that follows the City of Grapevine design guidelines and criteria to reflect Grapevine's historic past at 418 East Texas Street; Advocacy Award — Grapevine Masonic Lodge for leadership in restoration and preservation of the historic Grapevine Masonic Lodge building at 401 South Main Street and Special Recognition Advocacy Award — Mary Virginia Simmons for her support and contribution to the understanding of Grapevine's historical development and the enhancement of the cultural heritage of the City. ITEM 3A. SPECIAL RECOGNITION, MS. MADISON PACHALL Mayor Tate recognized Ms. Madison Pachall as his special guest during the City Council meeting. She attends Cross Timbers Middle School and was a guest of the Staff at City Hall on Tuesday to learn about City government. ITEM 4. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU09-08 BACK PORCH GRILL & TAVERN 2 05/19/09 Mayor Tate declared the public hearing open. Planning & Development Manager Ron Stombaugh reported that Conditional Use Application CU09-08 had been filed by Back Porch Grill &Tavern requesting a conditional use permit to amend the site plan approved by Ordinance No. 2004-22 to expand the restaurant 1,762 square feet for a non-smoking area. The subject property is zoned "CN" Neighborhood Commercial District Regulations and is located at 210 North Main Street. Ms. Kimberly Newton and Ms. Rachel McGallan 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. City Secretary Huff reported the Council and Commission had been copied the one letter of support for the application. Commissioner Wilson, seconded by Commissioner Hotelling, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Wilson, Lowery, Hotelling, Fechter, Martin & E. Martin Nays: None Absent: Fry & Szot Council Member Lease, seconded by Council Member Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 5. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU09-09, PLANNED DEVELOPMENT OVERLAY PD09-03 FINAL PLAT LOTS 10R-1, 10R-2 AND 10R-3, BLOCK 6, METROPLACE 21 INSTALLMENT Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that the applicant had requested to table the public hearing to June 16, 2009 for Conditional Use Application CU09-09, Planned Development Overlay PD09-03 and application for the final plat of Lots 10R-1, 10R-2 and 10R-3, Block 6, Metroplace 2nd Installment. The applications were filed by Fourmile Holdings. The conditional use application requests a permit to amend the site plan approved by Ordinance No. 2004-52 for a planned business park. The planned development overlay requests to deviate from but not limited to front yard setback. The subject property is located at 810 Mustang Drive and is zoned "BP" Business Park District. 3 05/19/09 Commissioner Lowery, seconded by Commissioner Wilson, offered a motion to table the public hearing to June 16, 2009. The motion prevailed by the following vote: Ayes: Oliver, Wilson, Lowery, Hotelling, Fechter, Martin & E. Martin Nays: None Absent: Fry & Szot Mayor Pro Tern Wilbanks, seconded by Council Member Freed, offered a motion to table the public hearing to June 16, 2009. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Mayor Tate announced there would be no additional notice provided to surrounding property owners. ITEM 6. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU09-10 FIRST PRESBYTERIAN CHURCH OF GRAPEVINE Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Conditional Use Application CU09-10 had been filed by First Presbyterian Church of Grapevine requesting a conditional use permit for a ground sign with changeable copy on property located at 1002 Park Boulevard. The subject property is zoned "R-7.5" Single Family Residential District. Mr. Rick Wilhelm 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. City Secretary Huff reported the Council and Commission had been copied the three letters of support. Commissioner Wilson, seconded by Commissioner E. Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Wilson, Lowery, Hotelling, Fechter, Martin & E. Martin Nays: None Absent: Fry & Szot 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 & Coy Nays: None 4 05/19/09 ITEM 7. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU09-11 PEACE BURGER Mayor Tate declared the public open. Planning & Development Manager Stombaugh reported that Conditional Use Application CU09-11 had been filed by Peace Burger requesting a conditional use permit to amend the site plan approved by Ordinance No. 92-24 to revise the floor plan for a new 2,315 square foot restaurant at 1228 William D. Tate Avenue and for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages). The subject property is zoned "CC" Community Commercial District Regulations. Mr. David Fisher and Mr. Tony Segovia 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. City Secretary Huff reported the Council and Commission had been copied the one letter of support. Commissioner G. Martin, seconded by Commissioner Hotelling, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Wilson, Lowery, Hotelling, Fechter, Martin & E. Martin Nays: None Absent: Fry & Szot Council Member Freed, seconded by Council Member Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 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 8. ELECT MAYOR PRO TEM 2009-2010 5 05/19/09 Council Member Stewart, seconded by Council Member Lease, offered a motion to appoint C. Shane Wilbanks as the Mayor Pro Tem for 2009-2010. The motion prevailed by the following vote: Ayes: Tate, Spencer, Stewart, Freed, Lease & Coy Nays: None Abstain: Wilbanks ITEM 9. ORDINANCE, AMEND CHAPTER 23 TRAFFIC Deputy Director of Public Works Stan Laster recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 23 Traffic relative to speed limits on State Highway 114 Frontage Roads located within the City limits. TxDOT conducted a speed limit survey and concurs with the proposed speed limits on the frontage road. Motion by Mayor Pro Tem Wilbanks, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2009-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES, CHAPTER 23 TRAFFIC, SECTION 23-26 SCHEDULES FOR CERTAIN PUBLIC STREETS AND WAYS, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF SECTIONS 167 AND 169 OF ARTICLE XIX, R.C.S. 6701 d, UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF GRAPEVINE AS SET OUT IN THE ORDINANCE; AUTHORIZING THE ERECTION OF TRAFFIC REGULATION SIGNS; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE 6 05/19/09 ITEM 10. ENGINEERING SERVICES CONTRACT, DFW CONNECTOR CDA PROJECT, HALFF ASSOCIATES, INC. Public Works Director Matt Singleton recommended approval of the award of an Engineering Services Contract with Halff Associates, Inc. in an amount not to exceed $180,000.00 for professional engineering, planning and construction services related to the upcoming DFW Connector CDA Project. Halff Associates' staff will provide the expertise and the manpower to address issues that are critical to the City from both a short term and long term impact perspective. Motion by Council Member Spencer, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 11. THIRD AMENDMENT, HOTEL/CONVENTION CENTER SUBLEASE AGREEMENT, OPRYLAND HOTEL — TEXAS LIMITED PARTNERSHIP Deputy Director of Public Works Laster recommended approval of the Third Amendment to the Hotel/Convention Center Sublease Agreement with Opryland Hotel — Texas Limited Partnership for the construction of the Convention Center Expansion and Swimming Pool Amenities on Corps of Engineer's land leased by the City. Gaylord's lenders asked for '"" ' modifications to the document approved October 21, 2008, primarily for clarification and to reference a New Master Lease with the Corps for the Corps property in the area around the hotel site totaling 177.77 acres. The sublease provides for a 50 year term, monthly rent during construction and upon substantial completion and that the rents received by the City shall be used for improvements to Corps property on Lake Grapevine. Motion by Council Member Freed, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 12. RESOLUTION, BRICKS FOR MAIN STREET PEDESTRIAN ENHANCEMENT PROJECT Public Works Director Singleton recommended approval of a resolution authorizing the purchase of bricks for the Main Street Pedestrian Enhancement Project from the sole source provider, Acme Brick Company, in the total amount not to exceed $74,214.00. The pedestrian crosswalks will extend from Dallas Road to Northwest Highway at the intersections with Main Street. The project will begin on May 31 and be completed by GrapeFest in September. 7 05/19/09 Motion by Council Freed, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2009-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS,AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNATE TO DECLARE ACME BRICK COMPANY A SOLE SOURCE PROVIDER FOR RUMBLED FULL RANGE BRICK AND PURCHASE THE BRICK FROM ACME BRICK COMPANY AND PROVIDING AN EFFECTIVE DATE ITEM 13. PURCHASE SHUTTLE BUSES, VISITOR TRANSPORTATION SYSTEM Administrative Services Director John McGrane recommended approval of the purchase of four shuttle buses from National Bus Sales through an interlocal agreement with the Houston-Galveston Area Council in the amount of $377,036.00 for the Visitor Transportation System. At the end of the three year period, there is a re-purchase agreement with the bus manufacturer. Motion by Council Member Spencer, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Spencer, Stewart, Freed, Lease & Coy Nays: Wilbanks ITEM 14. AWARD DESIGN CONTRACT, CONVENTION & VISITORS BUREAU HEADQUARTERS AND MUSEUM COMPLEX Convention &Visitors Bureau Director P. W. McCallum recommended award of a contract to ArchiTexas for the design of the Convention & Visitors Bureau Headquarters and Museum Complex in an amount not to exceed $552,000.00. Motion by Council Member Freed, seconded by Mayor Pro Tern Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 15. TEMPORARY USE PERMIT, CARNIVAL, GRAPEVINE MILLS PARKWAY 8 05/19/09 Planner Albert Triplett recommended approval of a temporary use permit for a for-profit carnival, Talley Amusements, Inc., to be located at 3000 Grapevine Mills Parkway from June 1, 2009 through June 7, 2009. Motion by Council Member Spencer, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None CONSENT AGENDA The next order of business for the City Council was to consider the consent agenda items, which were deemed to need little or no discussion and were acted upon as one business item. Mayor Tate asked if there was any member of the audience or the City Council who wished to remove an item from the consent agenda for full discussion. There were none. Item 16. Second and Final Reading, Ordinance No. 2009-17 Zoning Application Z09- 01, Thompson, Chatfield and Johnson Development Services Director recommended approval of the second and final reading of Ordinance No. 2009-17 approving Zoning Application Z09-01 filed by Thompson, Chatfield and Johnson for property located at 4370, 5412, 5500 and 5516 Roberts Road be rezoned from "R-20" Single Family District Regulations to"R-7.5"Single Family District Regulations. Motion by Council Member Lease, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2009-17 AN ORDINANCE 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 Z09-01 ON A TRACT OF LAND OUT OF THE G.W. MINTER SURVEY,ABSTRACT NO. 1034, 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 "R-20" SINGLE FAMILY DISTRICT REGULATIONS TO "R-7.5" SINGLE FAMILY DISTRICT REGULATIONS; CORRECTING THE OFFICIAL ZONING 9 05/19/09 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 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 17. One Year Extension Conditional Use Application CU08-31, Planned Development Overlay PD08-04 Development Services Director recommended approval of the request submitted by Mike Farhat for a one year extension to expire on November 18, 2010 for Conditional Use Application CU08-31 and Planned Development Overlay PD08-04 submitted by Dulce Development Group LLC and Farhat Brothers, Inc. for property located at 3225 North Grapevine Mills Boulevard. The conditional use permit is for a three story multi-family complex with a planned development overlay to deviate from density, open space, setbacks, design requirements landscaping and parking. Motion by Council Member Lease, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 18. Award Contract, Golf Cart Purchase Administrative Services Director recommended approval of the award of a contract to E-Z- Go, Division of Textron, Inc. for the purchase of Golf Carts in the amount of$179,456.00. Motion by Council Member Lease, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 19. Resolution, Cooperative Purchasing Agreement, City of Euless Administrative Services Director recommended approval of a resolution establishing a cooperative purchasing agreement with the City of Euless. 10 05/19/09 Motion by Council Member Lease, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2009-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE,TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNATE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF EULESS, TEXAS AND PROVIDING AN EFFECTIVE DATE Item 20. Interlocal Agreement, Micro-Surfacing and Slurry Seal Services Public Works Director recommended approval of an interlocal agreement with the City of Euless for an annual contract with Viking Construction for the purchase of Micro-Surfacing and Slurry Seal Services. Motion by Council Member Lease, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 21. Authorize Purchase Voice Recording System Police Chief recommended approval of the purchase of a Voice Recording System for the Public Safety Dispatch Center from A Third Opinion Corporation in the amount of $101,873.00. Motion by Council Member Lease, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 22. Renew Asphalt Milling Services Annual Contract Public Works Director recommended approval of the renewal of the Asphalt Milling Services Annual Contract with Dustrol, Inc. through an existing interlocal agreement and contract with Tarrant County. Motion by Council Member Lease, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: 11 05/19/09 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 23. Renew Computers and Associated Hardware and Software Annual Contract Assistant City Manager recommended approval of the renewal of the Computers and Associated Hardware and Software Annual Contract to Able Electronics. Motion by Council Member Lease, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 24. Authorize Purchase, Utility Vehicle Administrative Services Director recommended approval of the purchase of a utility vehicle for the Municipal Golf Course from John Deere Company in the amount of$16,949.75. Motion by Council Member Lease, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 25. Consideration of Minutes City Secretary recommended approval of the minutes of the May 5, 2009 City Council meetings as published. Motion by Council Member Lease, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 26. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU09-08 BACK PORCH GRILL & TAVERN Planning & Development Manager Ron Stombaugh reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU09-08 filed by the Back Porch Grill & Tavern granting a conditional use permit to amend the site plan approved by Ordinance No. 2004-22 to expand the restaurant 1,762 square feet fora non- smoking area. The subject property is zoned "CN" Neighborhood Commercial District Regulations and is located at 210 North Main Street. 12 05/19/09 Council Member Freed, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2009-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX"D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU09-08 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2004-22 FOR THE EXPANSION OF A RESTAURANT IN A DISTRCT ZONED "CN" NEIGHBORHOOD COMMERCIAL DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND ' SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC 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 27. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU09-10 FIRST PRESBYTERIAN CHURCH OF GRAPEVIINE Planning & Development Manager Stombaugh reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU09-10 filed by First Presbyterian Church of Grapevine granting a conditional use permit for a ground sign with changeable copy on property located at 1002 Park Boulevard. The subject property is zoned "R-7.5" Single Family Residential District. 13 05/19/09 Council Member Coy, seconded by Council Member Lease, 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, Spencer, Stewart, Freed, Lease & Coy Nays: None Abstain: Wilbanks ORDINANCE NO. 2009-19 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE N O. 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 CU09-10 FOR A GROUND SIGN WITH CHANGEABLE COPY IN CONJUNCTION WITH A CHURCH IN A DISTRICT ZONED "R-7.5" SINGLE FAMILY DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC 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 28. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU09-11 PEACE BURGER Planning & Development Manager Stombaugh reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU09-11 filed by Peace Burger granting a conditional use permit to amend the site plan approved by Ordinance No. 92-24 to revise the floor plan for a new restaurant at 1228 William D. Tate Avenue and for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages). The subject property is zoned "CC" Community Commercial District Regulations. 14 05/19/09 Council Member Spencer, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2009-20 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 CU09-11 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE. NO. 92-24 TO REVISE THE FLOOR PLAN FOR A RESTAURANT WITH THE POSSESSION, STORAGE, RETAIL SALE AND ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER,WINE,AND MIXED BEVERAGES)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 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 ADJOURNMENT Mayor Pro Tem Wilbanks, seconded by Council Member Coy, offered a motion to adjourn the meeting at 8:40 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 2nd day of June, 2009. J 15 05/19/09 APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary 16