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HomeMy WebLinkAboutItem 27 - Minutes ITEM 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 Workshop on this the 15th day of June, 2010 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 W ilbanks 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 Herbert Fry Vice Chairman Betty °BJ" Wilson Member Monica Hotelling Member Jim Fechter Member Gary Martin Member constituting a quorum, with Alternates 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 Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 6:30 p.m. ITEM 1. DISCUSS, AMENDING SECTION 40 "MXU" MIXED USE DISTRICT Director of Development Services Scott Williams reviewed proposed amendments to Section 40, "MXU" Mixed Use District that would clarify the district, establish a geographic boundary from Northwest Highway, south to Nash Street,east to Dooley Street and west to Scribner Street. The amendment would set the minimum percentage requirements for residential and non-residential uses as well as address requirements for retail, free standing restaurants, movie theaters and hotels. 06/15/10 Discussion ensued relative to narrowing the district's northern boundary, consider rezoning areas in the historic district that are zoned for multifamily and reduce building height. There was no formal action taken by the City Council or the Planning & Zoning Commission. ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the workshop at 7:05 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 20th day of July, 2010. 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 15th day of June, 2010 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 Chris Coy Council Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:06 p.m. ITEM 1. . . EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding: (A) consultation with the City Attorney to receive legal advice on alcoholic beverage regulations pursuant to Section 551.071(2), 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 consultation with City Attorney or conference with City Manager and Staff under Sections 551.071(2) and 551.087, Texas Government Code. 06/15/10 NOTE: City Council continued with the Regular City Council meeting in open session in the City Council Chambers. ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Lease, offered a motion to adjourn the meeting at 9:10 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 20th day of July, 2010. 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 15th day of June, 2010 at 7:30 p.m. in the City Council Chambers, Second Floor, 200 South Main Street, with the following members of the City Council present to-wit: William D. Tate Mayor C. Shane Wilbanks Mayor Pro Tern Sharron Spencer Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum,with the following members of the Planning &Zoning Commission: Larry Oliver Chairman Herbert Fry Vice Chairman Betty "BJ" Wilson Member Mark Lowery Member Monica Hotelling Member Jim Fechter Member Gary Martin Member constituting a quorum, with Alternates 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 Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:38 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Wilson delivered the Invocation and led the Pledge of Allegiance. 06/15/10 ITEM 1. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU10-10 AND CU10-11 HARTNETT'S AMERICAN GRILL AND MEXICAN GRILL Mayor Tate declared the public hearing open. Planner Albert Triplett advised that Conditional Use Applications CU10-10 and CU10-11 had been submitted by Hartnett's American Grill and Mexican Grill requesting a conditional use permit to amend the site plan approved by Ordinance No. 2008-70 for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages), outside speakers and outside dining in conjunction with two restaurants. The subject property is located at 1265 and 1295 South Main Street and is zoned "PO" Professional Office District Regulations. Planner Triplett advised that the American Grill concept will have seating for 272 patrons (29 outdoor patio seats); the Mexican Grill concept will have seating for 212 (90 outdoor patio seats). Total parking demand for all four restaurants in the complex is 312 spaces; 328 are provided on site. A revised landscaping plan has been developed to create a "central plaza" amenity to serve as a common area for all four restaurants on the site. Outdoor speakers will serve as background music in the common area as well as the patio areas of the two new restaurants. Mr. Bryan Klein and Mr. Paul Guernsey requested favorable consideration of the applications. They estimate the first restaurant to be open by April, 2011 with the second to follow in approximately 30 days. Council expressed concern regarding the impact the outside music may have on residents in the area. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Lowery, seconded by Commissioner Fechter, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes:. Oliver, Fry, Wilson, Lowery, Hotefling, Fechter & Martin 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 & Coy Nays: None ITEM 2. PUBLIC HEARING CONDITIONAL USE APPLICATIOON CU10-.12 GAYLORD HOTELS Mayor Tate declared the public hearing open. 2 06/15/10 Planner Triplett advised that Conditional Use Application CU10-12 had been filed by Gaylord Hotels requesting a conditional use permit to amend the site plan approved by Ordinance No. 2009-24 for outdoor speakers in conjunction with a fireworks viewing area on the parking garage. The subject property is I^,- f d at 1501 Gayloird Trail Zino i�Zvi'nA "PCD" Planned Commerce Development District. The applicant requests approval for the fireworks viewing process to occur on an annual basis in conjunction with the Convention & Visitors Bureau fireworks display without the need to reapply for a conditional use permit each year. Ms. Angela Mitchell, representing the Gaylord Texan, 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. Mr. Michael Morris, 849 Riverside North, expressed his support for the fireworks viewing area. He also stated there had been no complaints from the neighborhood association. City Secretary Huff stated 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 & Markin 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, Stewart, Freed, Lease & Coy Nays: None ITEM 3. PUBLIC .HEARING, CONDITIONAL USE APPLICATION CU10-13 AND SPECIAL USE APPLICATION SU10-05 BOTTLECAP ALLEYIICEHOUSE GRILL Mayor Tate declared the public hearing open. Planner Triplett advised that Conditional Use Application CU10-13 and Special Use Application SU 10-05 had been filed by Bottlecap Alley/Icehouse Grill. The conditional use permit application requests to amend the site plan approved by Ordinance No. 97-08 for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant and a monument sign. The special use permit application requests a special use permit for one billiard table. The 3 06/15/10 subject property is located at 1469 West State Highway 114 #614 and is zoned "CC" Community Commercial District Regulations. Mr. Triplett advised that the applicant proposes to remodel a 3,960 square foot lease space for a 137 seat Bottlecap Alley/icehouse Grill restaurant with one billiard table and three video games. One M;nume„t sign, is proposed to he sharedarnong the adjoin yin Eg tenants and placed along Ira E. Woods Avenue. Mr. Greg Colchin and Mr. Larry Marsh 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 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 Freed, seconded by Council Member Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 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 4. PRESENTATION, SOLID WASTE SURVEY Public Works Director Matt Singleton reviewed the Solid Waste Survey conducted by National Service Research. The survey presented four solid waste options currently under review by the City: (1) current collection and recycle service, (2) current collection and increase recycle container size, (3) current collection, increase recycle container size and add coupon incentives and (4) pickup only once per week and increase recycle container size. He noted that more than half of the respondents preferred to keep their current service of once a week recycling in an 18 gallon bin and twice a week trash pick-up for $11.09 per month. 4 06/15/10 Based on the results of the survey, Mr. Singleton stated Staff would bring an item before the City Council at the next City Council meeting to renew the contract with Allied Waste for five years at $11.09 per month. Thom tai ad no 1b ii, activri tciken by iii` Ciiy Cvuii�.ii. ITEM 5. PRESENTATION, HIKE & BIKE TRAIL MASTER PLAN Parks & Recreation Director Doug Evans presented the Hike and Bike Trail Master Plan and reviewed how the trail and sidewalk system links parks, schools and businesses in the City. He also presented a plan showing possible future trails that would link more parks, schools, businesses and other cities in the area. The City has been very fortunate to have received approximately$5 million in grants from the state and federal governments for the planning and development of over 26 miles of hike and bike trails in the City. There was no formal action taken by the City Council. ITEM 6. ORDINANCE, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010 Administrative Services Director John McGrane recommended approval of an ordinance for the purpose of issuing City of Grapevine; Texas General Obligation Refunding Bonds, Series 2010, in the aggregate principal amount not to exceed $12;000,000.00. The bond ordinance is known as a parameters ordinance that allows for the refunding of bonds to take place within a period of time if certain parameters are met. The process is new to the City of Grapevine, but does allow greater flexibility in the sale of the refunding bonds_ Because of unstable market conditions,the ordinance gives the authority to staff to choose when to sell the bonds as long as it is within the parameters of the ordinance. Council Member Coy, seconded by Council Member Spencer, offered a motion to approve the ordinance as recommended. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2010-22 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF CITY OF GRAPEVINE, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010, IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $12,000,000; PROVIDING FOR THE AWARD OF THE SALE THEREOF IN ACCORDANCE WITH SPECIFIED PARAMETERS; LEVYING A TAX IN PAYMENT THEREOF; PRESCRIBING THE FORM OF SAID BONDS; APPROVING THE OFFICIAL STATEMENT;APPROVING EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT, A PAYING 5 06/15110 AGENT/REGISTRAR AGREEMENT, AND AN ESCROW AGREEMENT; AND ENACTING OTHER PROVISIONS RELATING THERETO ITEM 1. ORDINANCE A1v"END Cl-IAPTER 21 TAX ATION CONVENTION CQi VISITORS BUREAU Convention & Visitors Bureau Director P. W. McCallum recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 21 Taxation, Article 11 relative to the Convention & Visitors Bureau Advisory Board composition. The proposed amend merit would allow for representation of both larger and smaller properties, as well as one member to be a representative of a major retail operation or attraction. Council Member Spencer, seconded by Council Member Coy, offered a motion to approve the Ordinance as recommended. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2010-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES CHAPTER 21 TAXATION, ARTICLE 11. HOTEL OCCUPANCY TAX; CONVENTION AND VISITORS BUREAU, SECTIONS 21-28 RELATIVE TO BOARD MAKEUP AND APPOINTMENT OF CHAIRMAN.; AND SECTION 21-29 RELATIVE TO THE STAGGERING OF TERMS AND PROVIDING AN EFFECTIVE DATE ITEM 8 RESOLUTION, AMEND HERITAGE FOUNDATION ADVISORY BOARD Convention & Visitors Bureau Director McCallum recommended approval of a resolution amending the number of members and meeting schedule of the Heritage Foundation Advisory Board. The amendment reduces the board members from thirteen (13)to eleven (11) members; provides the option to hold less than twelve (12) regular monthly meetings and stipulates the Ex-Officio. non-voting members as the Executive Director of the Convention &Visitors Bureau and the President of the Grapevine Historical Society. Council Member Lease, seconded by Council Member Stewart, offered a motion to approve the ordinance as recommended. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2010-19 6 06/15/10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE RESOLUTIONS AUTHORIZING THE CREATION AND GOVERNANCE OF THE OPERATION OF THE GRAPEVINE HERITAGE Fni minATlnkl ;THE FO:,INDATION; BY AMENDING THE COMPOSITION OF THE ADVISORY BOARD; AND DECLARING AN EFFECTIVE DATE ITEM 9. CITIZEN APPOINTMENTS, BOARDS AND COMMISSIONS Citizen appointments were made to the following boards and commissions: 4B Economic Development Corporation Council Member Spencer, seconded by Mayor Pro Tern Wilbanks, offered a motion to reappoint the following members: Matt Carnes, Martin Honeycutt and Chris Reyher. The motion prevailed by the following votes: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Building Board of Appeals Council Member Spencer, seconded by Council Member Freed, offered a motion to reappoint the following members: Joe Lipscomb, Russell Kidd and Howard Hallman and that Robert Rainwater be appointed as a one year alternate. The motion prevailed by the following vote.: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Board of Zoning Admustments Council Member Stewart, seconded by Council Member Coy, made a motion to reappoint the following members: Carl Hecht, Dennis Luers, Richard Adams and Deborah Holt. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Convention &Visitors Bureau Council Member Spencer, seconded by Council Member Freed, made a motion to reappoint the following members: Steve Stinson, Paul Slechta and Tom Cherry as the alternate,with Peggy Weaver being appointed as a full member representing a major retail operation. The motion prevailed by the following vote: 7 06/15/10 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Council Member. Spencer, seconded by Mayor Pro Tern Wilbanks, offered a motion. to appoinf. Steve Stinson as Chair an. The r"r%fion nnnwailerd by the follo..l;n vote. Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Grapevine Heritage Foundation Council Member Lease, seconded by Council Member Spencer, offered a motion to reappoint the following members: Melva Stanfield, Dr. Curtis Ratliff, Balla Wright, Rick Lawlis and Nathan Loftice. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Golf Advisory Board Council Member Lease, seconded by Mayor Pro Tern Wilbanks, offered a motion to reappoint the following members: Elbridge Christison, Place 1; Dan Driscoll, Place 2; Doug DeWaters, Place 5; and Danny Langley, Place 6, with Tom Kormondy being appointed to Place.9. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Health Officer Mayor Pro Tern Wilbanks, seconded by Council Member Coy, offered a motion to reappoint Dr. Andrew Kilgus. The motion prevailed by the following vote: Ayes: Tate; Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Historic Preservation Commission Mayor Pro Tern Wilbanks, seconded by Council Member Freed, offered a motion to reappoint the following members: Burl D. Gilliam and Margaret Telford; appoint Ted R. Ware and Ashley Anderson as full members, and appoint Elspeth McDonald and Alyson Holt as one year alternates. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 8 06/15/10 Grapevine Housing Board of Commissioners Council Member Spencer, seconded by Mayor Pro Tern Wilbanks, offered a motion to reappoint the following members: Cathy Martin and Randy Bacon. The motion prevailed ht +ho fnllr%w;nry r+n Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Library Advisory Board Council Member Coy, seconded by Council Member Lease, offered a motion to reappoint the following members: Bruce Rider, Susan Peabody and Fred ShefFler with Diane DeWaters being appointed for a one year term. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Parks & Recreation Advisory Board Mayor Pro Tern Wilbanks, seconded by Council Member Stewart, offered a motion to reappoint the following members: Bob Tipton, Place 8 and Dave Buhr, Place 9. The motion prevailed by the following vote: Ayes- Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Mayor Tate appointed Larry Francis as the Chairman of the Parks & Recreation Advisory Board. Planning & Zoning Commission Council Member Freed, seconded by Council Member Lease,offered a motion to reappoint the following members: Monica Hotelling as a full member,Wayne Szot and Elaine Martin as one year alternates and Beth Tiggelaar as a full member. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Senior Citizens Advisory Board Council Member Stewart, seconded by Council Member Freed, offered a motion to reappoint the following members: Dick Guckel, Paul Ernst and leave one vacant position. The motion prevailed by the following vote: 9 06/1 5/10 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None AAnvnr Testa rannnnintind Dirk (,i rkel as Chairman Teen Court Council Member Freed, seconded by Mayor Pro Tern Wilbanks, offered a motion to appoint Traci Wilkinson to a two year term. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Mayor Tate reappointed all the City Council liaisons with the exception of appointing Council Member Coy as the Grapevine/Colleyville Independent School Board Liaison. 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 10. Cancel July 6, 2010 City Council Meeting City Manager recommended approval of canceling the July 6, 2010 City Council meeting due to lack of a quorum of the City Council. Motion by Council Member Coy, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 11. Ordinance, Amend Chapter 23 Traffic Stop Intersections Public Works Director recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 23, Traffic, Section 23-60, Stop Intersections to establish stop signs on Northbound Stone Myers Parkway at Mustang Drive. Motion by Council Member Coy, seconded by Council Member Stewart., to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 10 06/15/10 ORDINANCE NO. 2010-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 23 TRAFFIC, SECTION 23-30 RELATIVE TO STOP INTERSECTIONS; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) 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 Item 12. Authorize Interlocal Agreement, GCISD School Resource Officers Police Chief recommended approval of an Interlocal Agreement between Grapevine/Colleyville Independent School District and the City of Grapevine for the purpose of providing Police Services to the school district in the capacity of School Resource Officers. Motion by Council Member Coy, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 13. Authorize Purchase, Utility Truck Public Works Director recommended approval of the purchase of a replacement utility truck from The Thompson Group at Classic Chevrolet in the amount of$47,190.85. Motion by Council Member Coy, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Wil.banks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 14. Consideration of Minutes City Secretary recommended approval of the minutes of the June 1, 2010 City Council meetings as published. Motion by Council Member Coy, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: 11 06/15/10 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 15. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU10-10 HARTNETT'S AMERICAN GRILL Development Services Director Scott Williams reported the Planning&Zoning Commission voted 7-0 for approval of Conditional Use Application CU10-10 filed by Hartnett's American Grill granting a conditional use permit to amend the site plan approved by Ordinance No. 2008-70 for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages), outside speakers and outside dining in conjunction with a restaurant located at 1265 South Main Street. The subject property is zoned "PO" Professional Office District Regulations. Council Member Spencer, seconded by Council Member Freed,offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2010-25 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 CU10-10 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2008-70 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 "PO" PROFESSIONAL OFFICE 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 12 06/15/10 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 16. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU10-11 HARTNETT'S MEXICAN GRILL Development Services Director Williams reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU10-11 filed by Hartnett's Mexican Grill granting a conditional use permit to amend the site plan approved by Ordinance No. 2008-70 for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages), outside speakers and outside dining in conjunction with a restaurant located at 1295 South Main Street and zoned "PO" Professional Office District Regulations. Council Member Freed, seconded by Council Member Coy, 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. 2010-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE; TEXAS ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX"D"OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU10-11 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2008-70 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 "PO" PROFESSIONAL OFFICE 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 13 06/15/10 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 17. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU10-12 GAYLORD TEXAN Development Services Director Williams reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU 10-12, with the condition that the outdoor speakers be in conjunction with the Convention & Visitors Bureau outdoor fireworks display from May to September. Approval of the application filed by Gaylord Texan grants a conditional use permit to amend the site plan approved by Ordinance No. 2009-24 for outdoor speakers in conjunction with a fireworks viewing area. The subject property is located at 1501 Gaylord Trail and is zoned "PCD" Planned Commerce Development District. Mayor Pro Tern Wilbanks, seconded by Council Member Lease,offered a motion to accept the Commission's recommendation with the condition 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. 2010-27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX"D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU10-12 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2009-24 FOR OUTDOOR SPEAKERS IN CONJUNCTION WITH A FIREWORKS VIEWING AREA 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 14 06/15/10 ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 18. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU10-13 BOTTLECAP ALLEY/ICEHOUSE GRILL Development Services Director reported the Planning &Zoning Commission voted 6-1 for approval of Conditional Use Application CU10-13 filed by Bottlecap Alley/icehouse Grill granting a conditional use permit to amend the site plan approved by Ordinance No. 97-08 for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant and a monument sign. The subject property is located at 1469 West State Highway 114#614 and is zoned "CC" Community Commercial District Regulations. Council Member Stewart, seconded by Council Member Coy, 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. 2010-28 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 CU10-13 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 97-08 FOR A RESTAURANT WITH THE POSSESSION, STORAGE, RETAIL SALE AND ON- PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES), AND A MONUMENT SIGN IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED 15 06/15/10 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 19. PLANNING & ZONING COMMISSION RECOMMENDATION SPECIAL USE PERMIT APPLICATION SU10-05 BOTTLECAP ALLEY/ICEHOUSE GRILL Development Services Director Williams reported the Planning & Zoning Commission voted 7-0 for approval of Special Use Permit Application SU10-05 filed by Bottlecap Alley/Icehouse Grill granting a special use permit for one billiard table in conjunction with a restaurant. The subject property is located at 1469 West State Highway 111 #614 and is zoned "CC" Community Commercial District Regulations. Council Member Freed, seconded by Mayor Pro Tern Wilbanks,offered a motion to accept the Commission's recommendation and approve the ordinance granting the special use permit. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2010-29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS ISSUING A SPECIAL USE PERMIT IN ACCORDANCE WITH SECTION 49 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 SPECIAL USE PERMIT SU10-05 FOR A BILLIARD TABLE IN CONJUNCTION WITH A RESTAURANT IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS UNDER CITY OF GRAPEVINE ORDINANCE NO. 82-73 ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF 16 06/15/10 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 SPECIAL 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 Lease, offered a motion to adjourn the meeting at 9:10 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 20th day of July, 2010. APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary 17