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HomeMy WebLinkAbout2011-09-06 Regular Meeting AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING WORKSHOP TUESDAY, SEPTEMBER 6, 2011 AT 6:15 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER 1. Update regarding 2012 City election. 2. Parks & Recreation Department update. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at(817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature,the Special City Council Meeting Workshop Agenda was prepared and posted on this the 2nd day of September, 2011 at 5:00 p.m. 4. Lin a Huff City Secretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 6th day of September, 2011 at 6:15 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to-wit: William D. Tate Mayor C. Shane Wilbanks Mayor Pro Tem Sharron Spencer Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the workshop to order at 6:16 p.m. ITEM 1. UPDATE, 2012 CITY ELECTION City Manager Bruno Rumbelow stated that due to adoption of SB100 during this last legislative session, the bill has created a conflict with the cities' May elections and the primary run-off elections. City Secretary Linda Huff advised that Tarrant County Commissioners had voted to restrict the number of voting machines that would be available to the Democratic and Republican parties for their run-off elections in May 2012;therefore, making voting machines available for the cities and school districts elections. Tarrant County Elections Administration will conduct the cities' and school districts' elections in May 2012 and 2013. Tarrant County requested that polling locations remain the same as they have been in the past to prevent voter confusion and frustration as voting will be taking place from February through possibly June. Following brief discussion, Council determined the polling location would remain at the Community Activities Center and that the City Council would have input regarding the selection of early voting and election day judges. There was no formal action taken by the City Council. ITEM 2. PARKS & RECREATION DEPARTMENT UPDATE 09/06/11 Parks & Recreation Director Doug Evans presented the Parks& Recreation Department's mission statement: "To enhance the quality of life of the citizens of Grapevine,through the stewardship of our natural resources and the responsive provision of quality leisure services". Mr. Evans noted that Staff works hard to provide the best maintained parks and facilities and to provide the most diverse recreation and environmental programs for the citizens in the community. He stated there are 68.29 full time employees, including 32.79 seasonal employees for support in aquatics, recreation programming and parks maintenance. He briefed the City Council on the responsibilities of the Administration Staff, Maintenance Division, Recreation Division and Lake Parks Special Revenue Fund Division. He stated that last year was the City's final year to host the Halloween on Main Street event. He noted that an event is being planned for the campgrounds on Halloween. Council discussion ensued relative to seeing more Quality of Life projects to benefit the citizens, neighborhood parks and residential areas. There was no formal action taken by the City Council. ADJOURNMENT Mayor Pro Tem Wilbanks, seconded by Council Member Coy, offered a motion to adjourn the workshop at 6:55 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 20th day of September, 2011. APPROVED: 495-17 William D. Tate Mayor ATTEST: C74. -Li lAt Linda Huff City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, SEPTEMBER 6, 2011 AT 7:00 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER EXECUTIVE SESSION 1. City Council to conduct a closed session relative to: A. 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. B. Real property relative to boundary/right-of-way agreement with the City of Colleyville pursuant to Section 551.072, Texas Government Code. C. 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 pursuant to Section 551.087, Texas Government Code. City Council to reconvene in open session and take any necessary action relative to pending or contemplated litigation, real estate and conference with employees under Sections 551.071, 551.072 and 551.087, Texas Government Code. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at(817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Special City Council Meeting Agenda was prepared and posted on this the 2nd day of September, 2011 at 5:00 p.m. Lin•a Huff City Secretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Executive Session on this the 6th day of September, 2011 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 7:05 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; (B) real property relative to boundary/right-of-way agreement with the City of Colleyville pursuant to Section 551.071, Texas Government Code; (C) 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 pending or contemplated litigation and 09/06/11 conference with City Manager and Staff under Sections 551.071 or 551.087, Texas Government Code. Regarding real property, City Manager Rumbelow, requested authorization for the City of Grapevine to enter into a boundary adjustment agreement that releases, relinquishes and discontinues any claim or entitlement to Tract A, as generally described, as a tract of land 50 feet south and west of the center line of Big Bear Creek and establishes the mutual city limits line between Colleyville and Grapevine as the center line of Big Bear Creek. Council Member Spencer, seconded by Council Member Stewart, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 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 8:25 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 September, 2011. APPROVED: 3665 - William D. Tate Mayor ATTEST: inda Huff City Secretary 2 SUPPLEMENTAL AGENDA REGULAR CITY COUNCIL MEETING CITY OF GRAPEVINE, TEXAS TUESDAY, SEPTEMBER 6, 2011 AT 7:30 P.M. PRESENTATION 2A. Presentation by Nikki Stinson, Chair of the 25th Anniversary of GrapeFest. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Regular City Council Meeting Supplemental Agenda was prepared and posted on this the 2nd day of September, 2011 at 5:00 p.m. ci7ft/te.lefe Linda Huff City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, SEPTEMBER 6, 2011 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE: Council Member Sharron Spencer PRESENTATION 1. Parras Sister City Committee Chairman Don Bigbie to present a plaque to Mayor Tate from Grapevine's Sister City—Parras de la Fuente, Coahuila, Mexico. 2. Mayor Tate to recognize Grapevine Elks Lodge #2483 for their sponsorship of the Grapevine Golf Course Jr. Club Championship Tournament. CITIZEN COMMENTS PUBLIC HEARING 3. City Council to conduct a public hearing relative to Fiscal Year 2011-2012 budget and take any necessary action. NEW BUSINESS 4. Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 25 Utilities and Services, Article V relative to establish the Drought Contingency Plan Implementation by Tarrant Regional Water District and take any necessary action. 5. Consider authorizing the purchase of a Solar Hot Water System for the Water Treatment and Wastewater Treatment Department and take any necessary action. CONSENT AGENDA Consent items are deemed to need little Council deliberation and will be acted upon as one business item. Any member of the City Council or member of the audience may request that an item be withdrawn from the consent agenda and placed before the City Council for full discussion. Approval of the consent agenda authorizes the City Manager, or his designee, to implement each item in accordance with Staff recommendations. 6. Consider the second and final reading of Ordinance No. 2011- filed by Esparza's granting approval of Zoning Application Z11-05 rezoning 0.2 acres from "R-7.5" Single Family District Regulations to "CBD" Central Business District. The subject property is located at 124 and 204 East Worth Street and is zoned "CBD" Central Business District. Development Services Director recommends approval. 7. Consider the second and final reading of Ordinance No. 2011- filed by Esparza's Restaurant granting approval of Conditional Use Application CU11-20 to amend the site plan approved by Ordinance No. 97-69, as amended, for outdoor dining and to enlarge the site for additional parking. The subject property is located at 124 and 204 East Worth Street and is zoned "CBD" Central Business District. Development Services Director recommends approval. 8. Consider the appointment of Mr. Robert Rainwater as a regular member to the Board of Zoning Adjustment to fill a one-year vacancy and appointment of Mr. George Dalton as an alternate member for a two year term. Council Member Roy Stewart recommends approval. 9. Consider approval of an Interlocal Agreement with the City of Fort Worth for continued participation in their Environmental Collection Center and Household Hazardous Waste Program. Public Works Director recommends approval. 10. Consider a resolution authorizing the donation of four surplus Fire Department self contained breathing apparatus units and eight air cylinders to Grapevine's Sister City, Parras de la Fuente, Coahuila, Mexico. Fire Chief recommends approval. 11. Consider a resolution authorizing the purchase of seven Motorola mobile workstations and associated equipment form DFW Communications through an interlocal agreement with the Houston-Galveston Area Council. Fire Chief recommends approval. 12. Consider a resolution authorizing the purchase of a maintenance contract for various network software licenses from SHI Government Solutions, Inc.for one year plus an optional one year renewal established by the State of Texas Department of Information Resources ICT Co-op Contracts Program. City Manager recommends approval. 13. Consider renewal of the Traffic Conduit Installation Annual Contract to Multiple Cable Systems. Public Works Director recommends approval. 14. Consider the minutes of the August 16 and 22, 2011 City Council meetings as published. City Secretary recommends approval. Pursuant to the Texas Open Meetings Act, Texas Government Code, Chapter 551.001 et seq, one or more of the above items may be considered in Executive Session closed to the public. Any decision held on such matter will be taken or conducted in open session following the conclusion of the executive session. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at(817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature,the Regular City Council Meeting Agenda was prepared and posted on this the 2nd day of September, 2011 at 5:00 p.m. Lin a Huff City Secretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Regular Session on this the 6th day of September, 2011 at 7:30 p.m. in the City Council Chambers, 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 7:35 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Council Member Spencer delivered the Invocation and led the Pledge of Allegiance. ITEM 1. PRESENTATION, PLAQUE FROM PARRAS DE LA FUENTE, COAHUILA, MEXICO Parras Sister City Committee Chairman Don Bigbie reported on the recent Sister City trip to Parras de la Fuente, Coahuila, Mexico, noting the commitment from both cities to the Sister City Program. He stated that Grapevine has been very supportive of the Parras orphanage for many years and it remains in good hands with Jose Milmo's sons taking over its operations after Jose's passing. Mr. Bigbie stated that the City of Grapevine had provided and dedicated a plaque in memory of Jose Milmo to the orphanage. Over the years, the City of Parras has taken so much from the leadership Grapevine has provided and the many causes in Parras supported by Grapevine. This is evident in new streets, new paint on buildings and bicycle/walkway paths. Mr. Bigbie reported that this year marked the 15th year of the signing of the Sister City proclamation between Grapevine and Parras. Mr. Bigbie then presented Mayor Tate with a 09/06/11 plaque from Mayor Evaristo Madero Marcos commemorating the 15 year anniversary of the signing of the Sister City Proclamation. ITEM 2. PRESENTATION, GRAPEVINE ELKS LODGE #2483 Mayor Tate recognized Grapevine Elks Lodge #2483 for their sponsorship of the 2011 Grapevine Golf Course Jr. Club Championship Tournament. He expressed the City's appreciation for the Lodge's participation in a community activity that provides great opportunities for the young citizens of Grapevine. Mr. Asa Smith, Youth Activities Director for the Elks Lodge and Mr. Don Horton, President of the Elks Lodge, expressed their appreciation to the City for the opportunity to support the youth of Grapevine. ITEM 2A. PRESENTATION, 25TH ANNIVERSARY OF GRAPEFEST Ms. Nikki Stinson, Chair of the 25th Anniversary of GrapeFest, presented a brief overview of the upcoming "A Wine Experience" festival to be held September 15, 16, 17 and 18, 2011. The pre-festival events include the Italian CarFest and GrapeFest Golf Classic. During the festival there will be the Vintners' Auction Classic; Mayoral GrapeStomp, the People's Choice Wine Tasting Classic, Texas Wine Tribute Dinner,the Grapevine Winery Tasting Rooms Tours, the Champagne Terrace/Champagne Brunch, Wine and Beers of the World Pavilion, KidZone, live music on various stages, carnival rides, arts and crafts and much more for festival participants to enjoy. ITEM 2B. CITIZENS COMMENTS, MS. GLORIA CURRIE Ms. Gloria Currie, 4630 Kaitlyn Lane, spoke on behalf of her neighborhood of Stonebridge Oaks. She requested the City consider placing gates on the subdivision for safety and security due to the access to State Highway 360 and the amount of drive through traffic. She requested to be placed on a future agenda for consideration of gates on the three access points from their development to State Highway 360. City Manager Rumbelow stated that Staff would review the request and make a recommendation after research of the situation. ITEM 3. PUBLIC HEARING, FISCAL YEAR 2010-2011 BUDGET Mayor Tate declared the public hearing open. City Manager Bruno Rumbelow presented the proposed budget for Fiscal Year 2011-2012 (FY2012) noting the budget proposal responds to the Council's priorities and represents a continuing commitment to prudent fiscal management while providing essential services to the community. Mr. Rumbelow noted that the proposed budget does not include any new positions in FY2012 and that the proposal includes a recommended 1% market adjustment for employees. He stated there will be a review in December or January to determine whether 2 09/06/11 a 2-3% salary increase is warranted to remain competitive with metroplex cities. Mr. Rumbelow stated the service levels would remain consistent and there would not be any increase in utility rates. He stated that the proposed tax rate for FY2012 is reduced from $0.35 to $0.3480 per$100.00 valuation. He stated that that the "pay as you go" policy will remain in effect. The proposed budget contains a change to a new third party insurance administrator that should save approximately $1.4 million. The budget contains fund expenditures in the following amounts: General Fund $53,253,516 Municipal Court Technology Fund 71,220 Convention & Visitors Bureau Fund 17,781,306 Stormwater Drainage Fund 1,819,471 Crime Control & Prevention District Fund 12,963,649 Lake Parks Special Revenue Fund 1,592,047 4B Economic Development Fund 7,944,146 Debt Service Fund 10,761,248 Utility Enterprise Fund 20,717,145 Lake Enterprise (Golf) Fund 3,197,528 General Permanent Capital Maintenance Fund 1,171,500 Permanent Street Maintenance Fund 1,400,000 Community Quality of Life Capital Project Fund 1,350,804 Convention & Visitors Bureau Capital Projects Fund 573,255 Capital Equipment Acquisitions 4,162,665 Mayor Tate invited guests present to speak regarding the proposed budget. No one wished to speak and there was no correspondence to report. Motion by Council Member Coy, seconded by Council Member Stewart,to close the public hearing prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 4. ORDINANCE, AMEND CHAPTER 25 UTILITIES AND SERVICES, DROUGHT CONTINGENCY PLAN IMPLEMENTATION Public Works Director Matt Singleton recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 25 Utilities and Services by the addition of a new Subsection 25 — 139 regarding Drought Contingency to establish the Drought Contingency Plan Implementation by Tarrant Regional Water District (TRWD) as a component of the City's approved Drought Contingency Plan. Virtually all of Tarrant County is served by TRWD and as a client of Trinity River Authority (TRA) and thus TRWD, the City is obligated to comply with their conservation program when the conditions warrant. The ordinance clarifies the additional component to the City's Drought Contingency Program. 3 09/06/11 Motion by Council Member Freed, seconded by Mayor Pro Tem Wilbanks, to approve the ordinance as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2011-42 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING CHAPTER 25,ARTICLE V DROUGHT CONTINGENCY PLAN BY THE ADDITION OF A NEW SUBSECTION 25-139 REGARDING DROUGHT CONTINGENCY; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE IN VIOLATION OF THE ORDINANCE AND PROVIDING FOR AN EFFECTIVE DATE ITEM 5. AUTHORIZE PURCHASE, SOLAR HOT WATER SYSTEM, WATER TREATMENT AND WASTEWATER TREATMENT DEPARTMENT Public Works Director Singleton recommended approval of the purchase of a Solar Hot Water System for the Water Treatment and Wastewater Treatment Department from Sunrise Solar Dallas Fort Worth, Inc. under an Energy Conservation Block grant from the Department of Energy in the total annual amount of$19,000. The City received an Energy Conservation Block Grant in the amount of$503,500 from the Department of Energy. One of the projects approved as part of this grant award in helping reduce electrical consumption is the installation of Solar Hot Water Heaters at the Water Treatment and Wastewater Treatment Plants. Solar Water panels will be installed on the roof of the buildings and new hot water tanks installed in the buildings. 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 CONSENT AGENDA The next order of business for the City Council to consider was 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 6. Ordinance, Second and Final Reading of Ordinance No. 2011-43 Zoning Application Z11-05 Esparza's Restaurant 4 09/06/11 Development Services Director recommended approval of the second and final reading of Ordinance No. 2011-43 filed by Esparza's granting approval of Zoning Application Z11-05 rezoning 0.2 acres from "R-7.5" Single Family District Regulations to "CBD" Central Business District. The subject property is located at 124 and 204 East Worth Street and is zoned "CBD" Central Business District. Motion by Council Member Stewart, seconded by Council Member Coy, to approve the second and final reading of the ordinance granting the rezoning as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2011-43 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 Z11-05 ON A TRACT OF LAND OUT OF THE WILLIAM DOOLEY SURVEY, ABSTRACT NO. 422, 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-7.5" SINGLE FAMILY DISTRICT REGULATIONS TO"CBD"CENTRAL BUSINESS DISTRICT; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR 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 7. Ordinance, Second and Final Reading of Ordinance No. 2011-44 Conditional Use Application CU11-20 Esparza's Restaurant Development Services Director recommended approval of the second and final reading of Ordinance No. 2011-44 filed by Esparza's Restaurant granting approval of Conditional Use Application CU11-20 to amend the site plan approved by Ordinance No. 97-69, as 5 09/06/11 amended, for outdoor dining and to enlarge the site for additional parking. The subject property is located at 124 and 204 East Worth Street and is zoned "CBD"Central Business District. Motion by Council Member Stewart, seconded by Council Member Coy, to approve the second and final reading of the ordinance granting the conditional use permit as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2011-44 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 CU11-20 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 97-69 FOR A RESTAURANT TO ALLOW OUTSIDE DINING AND TO ENLARGE THE SITE 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 AND PROVIDING AN EFFECTIVE DATE Item 8. Board of Zoning Adiustment Appointments Council Member Stewart recommended approval of the appointment of Mr. Robert Rainwater as a regular member to the Board of Zoning Adjustment to fill a one-year vacancy and appointment of Mr. George Dalton as an alternate member for a two year term. 6 09/06/11 Motion by Council Member Stewart, 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 9. Approve Interlocal Agreement, City of Fort Worth, Environmental Collection Center and Household Waste Program Public Works Director recommended approval of an Interlocal Agreement with the City of Fort Worth for continued participation in their Environmental Collection Center and Household Hazardous Waste Program. Motion by Council Member Stewart, 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 10. Resolution, Authorize Donation, Self Contained Breathing Apparatus Units and Air Cylinders Fire Chief recommended approval of a resolution authorizing the donation of four surplus Fire Department self contained breathing apparatus units and eight air cylinders to Grapevine's Sister City, Parras de la Fuente, Coahuila, Mexico. Motion by Council Member Stewart, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2011-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, DECLARING CERTAIN PROPERTY SURPLUS; PROVIDING FOR THE DONATION OF SAID PROPERTY TO PARRAS DE LA FUENTE, COAHUILA, MEXICO; AND PROVIDING AN EFFECTIVE DATE Item 11. Resolution, Authorize Purchase, Motorola Mobile Workstation and Equipment Fire Chief recommended approval of a resolution authorizing the purchase of seven Motorola mobile workstations and associated equipment in the amount not to exceed $40,704.30 from DFW Communications through an interlocal agreement with the Houston- Galveston Area Council. 7 09/06/11 Motion by Council Member Stewart, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2011-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO PURCHASE MOTOROLA MOBILE WORKSTATIONS THROUGH AN ESTABLISHED INTERLOCAL AGREEMENT AND PROVIDING AN EFFECTIVE DATE Item 12. Resolution, Authorize Purchase, Maintenance Contract, Network Software Licenses City Manager recommended approval of a resolution authorizing the purchase of a maintenance contract for various network software licenses in the total annual amount of $38,673.75 from SHI Government Solutions, Inc. for one year plus an optional one year renewal established by the State of Texas Department of Information Resources ICT Co- op Contracts Program. Motion by Council Member Stewart, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2011-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE,TEXAS,AUTHORIZING THE CITY MANAGER OR THE CITY MANAGERS' DESIGNEE TO PURCHASE A ONE YEAR MAINTENANCE AGREEMENT WITH AN OPTIONAL ONE YEAR RENEWAL FOR VARIOUS NETWORK SOFTWARE THROUGH A STATE DIR CO-OP CONTRACT PROGRAM AND PROVIDING AN EFFECTIVE DATE Item 13. Authorize Renewal, Traffic Conduit Installation Annual Contract Public Works Director recommended renewal of the Traffic Conduit Installation Annual Contract in the amount of$30,000.00 to Multiple Cable Systems. Motion by Council Member Stewart, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: 8 09/06/11 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 14. Consideration of Minutes City Secretary recommended approval of the minutes of the August 16 and 22, 2011 City Council meetings as published. Motion by Council Member Stewart, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Lease, offered a motion to adjourn the meeting at 8:25 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 September, 2011. APPROVED: 366-g- William D. Tate Mayor ATTEST: Linda Huff (/ City Secretary 9