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HomeMy WebLinkAboutItem 09 - Minutes STATE OF TEXAS ITEM COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 16th day of August, 2010 at 5:30 p.m. in the City Council Conference Room, Second Floor,200 South Main Street, with the following members present to-wit: 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 Mayor William D. Tate 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 Gary Livingston Budget Manager CALL TO ORDER Mayor Pro Tern Wilbanks called the workshop to order at 5:30 p.m. ITEM 1. WORKSHOP, BUDGET FISCAL YEAR 2010-2011. In continuation of Fiscal Year2010-2011 budgetworkshop, City Manager Bruno Rumbelow reviewed the contingency plan developed by Department Heads for trimming additional positions from the proposed budget, if it were to become necessary. He stated the City will end this fiscal year at 21% General Fund balance and going back to the 20% requirement for next year frees up$420,000.00. The tax rate will remain at$.35 per$100 valuation with ad valorem revenue expected to rise over budget amounts as values under protest are settled. He stated that all major capital item purchases will be delayed until after the first quarter and that the City will remain on the "pay as you go" program. He stated that the proposed budget is $6.1 million less that the current fiscal year's budget. Council commended the City Staff for their preparation of the personnel contingency plan. There was no formal action taken by the City Council. ADJOURNMENT 08/16/10 Council Member Coy, seconded by Council Member Stewart, offered a motion to adjourn the workshop at 5:55 p.m. The motion prevailed by the following vote: Ayes: Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Absent: Tate PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 7th day of September, 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 Workshop on this the 17th day of August, 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 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 6:35 p.m. ITEM 1. DISCUSS PROPOSED AMENDMENTS, CHAPTER 12 HEALTH A_N_D__ SANITATION, OIL AND GAS WELL DRILLING Development Services Director Scott Williams reviewed the request by Chesapeake Energy to amend Chapter 12, Health and Sanitation relative to oil and gas well drilling to allow two years for removal of the frac pond instead of the current 60 day time period. Following discussion, it was the consensus of the City Council that Staff draft an ordinance to allow frac ponds for nine months for consideration by the City Council at a future meeting. There was no formal action taken by the City Council. ITEM 2. DISCUSS PROPOSED AMENDMENTS, CHAPTER 20 STREETS, SIDEWALKS AND OTHER PUBLIC WAYS, POLITICAL SIGNS Development Services Director Williams reviewed possible amendments to Chapter 20 Streets, Sidewalks and Other Public Ways regarding political signs in the right of way. The 08/17/10 proposal is to allow temporary political signs to be placed in the right of way only to coincide with early voting, During discussion, it was the consensus of the Council that Staff draft an ordinance regulating political signs in the right of way to coincide with early voting and to better define right of way. There was no formal action taken by the City Council ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Coy, offered a motion to adjourn the workshop at 6:58 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 7th day of September, 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 17th day of August, 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 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 7:00 p.m. ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding: (A) real property relative to the purchase of property on West Texas Street pursuant to Section 551.071, Texas Government Code; and (B) conference with City Manager and Staff to discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate or expand in the City; with which businesses the City is conducting economic development negotiations under Section 551.087, Texas Government Code. Upon reconvening in open session in the Council Chambers, Mayor Tate asked if there was any action necessary relative to the closed session. City Manager Bruno Rumbelow stated there was no action necessary relative to real property or conference with City Manager and Staff under Sections 551.071 or 551.087, Texas Government Code. NOTE: City Council continued with the Regular City Council meeting in open session in the City Council Chambers. 08/17/10 ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Coy, offered a motion to adjourn the meeting at 8:55 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 7th day of September, 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 17th day of August, 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 Monica Hotelling Member Jim Fechter Member Gary Martin Member Beth Tiggelaar Member Wayne Szot Alternate Elaine Martin Alternate 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 7:30 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Hotelling delivered the Invocation and led the Pledge of Allegiance. ITEM 1. PRESENTATION, GRAPEVINE PICTORIAL_HISTORY BOOK 08/17/10 Grapevine Historical Society Book Coordinators, Ms. Joe Ann Standlee and Ms. Margaret Harper, presented the new Grapevine Pictorial History Book"Images of Grapevine". The book is the first fund raising project for the new Grapevine Historical Society Museum.The new history book will be available beginning August 30. ITEM 2. PRESENTATION GIFTS FROM PARRAS DE LA FUENTE COAHUILA MEXICO Convention & Visitors Bureau Director P. W. McCallum presented gifts from Grapevine's Sister City—Parras de la Fuente, Coahuila, Mexico, that were given to Mayor Tate during Grapevine's recent visit to Parras. He then presented Mayor Tate the following gifts from Parras: the newly elected Alcalde of Parras presented a symbolic silver wine holder and bottle of Madera wine;the Fire Chief of Parras presented his badge to Mayor Tate and the Grape Harvesters Queen presented the traditional Queen's sash that has been handed down through the years. Mayor Tate elaborated on the wonderful relationship between the cities of Parras and Grapevine noting that the gifts presented to him were very heartfelt gifts from each of the individuals making their presentations. He expressed appreciation to the City and citizens that have been able to donate ambulances, fire trucks, bunker gear, hospital equipment and supplies, Library books, playground equipment and assistance to the orphanage through the years of the Sister City Program. ITEM 3. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU10-14 AMC THEATER Mayor Tate declared the public hearing open. Planning & Development Manager Ron Stombaugh reported. that Conditional Use Application CU 10-14 had been filed by AMC Theatre requesting a conditional use permit to amend the site plan approved by Ordinance No. 98-118 for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a movie theatre/restaurant with outside dining. The subject property is located at 3150 Grapevine Mills Parkway and is zoned "CC" Community Commercial District Regulations. Mr. Bill Dalhstrom and Mr. George Patterson requested favorable consideration of the application. Mr. Patterson reviewed the proposal for the theater noting that 13 of the 30 auditoriums would be reconstructed for in theater dining with all of the theaters being converted to digital. He stated there would be alcoholic beverage sales only in the dine in theaters and the new outside dining area located on the west wing of the theater. Anyone ordering alcoholic beverages would be carded. Discussion ensued relative to menus (they will be comparable to Chili's and Houston's)and theater ticket prices (they will remain the same) with food being charged separately. 2 0$117110 Mayor Tate invited guests present to comment regarding the application. No one wished to speak and City Secretary Huff reported that the Council and Commission had been copied the three letters of support. Commissioner Fry, seconded by Commissioner Hotelling, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Martin & Tiggelaar Nays: None Council Member Stewart, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 4. PUBLIC HEARING ZONING APPLICATION Z10-03 AND MASTER PLAN LAND USE MAP MP10-01 CITY OF GRAPEVINE Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Zoning Application Z10-03 and Master Plan Land Use Map MP10-01 had been filed for property located at 4201 Pool Road. The applications were filed by the City of Grapevine. The zoning application requests rezoning of approximately 4.851 acres from "CN" Neighborhood Commercial District Regulations to"R-7.5" Single Family District Regulations. The future land use map amendment is to revise the map from "LC" Commercial Low Intensity to "RL" Residential Low Density. The subject property is owned by Compass Christian Church. The applications were a result of discussions between the church and City Staff. Mr. Ed Cox requested favorable consideration of the applications noting the facility would be utilized to serve the youth and family ministry activities with the non-profits utilizing no more than 10% of the facility. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the applications. No one wished to speak and City Secretary Huff reported the Council and Commission had been copied the two letters of support. Commissioner Wilson, seconded by Commissioner Fry, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Martin &Tiggelaar Nays: None 3 08/17/10 Council Member Coy, 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 5. PUBLIC HEARING CONDITIONAL USE APPLICATION CU10-19 JOE'S CRAB SHACK Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Conditional Use Application CU10-19 had been filed by Joe's Crab Shack requesting a conditional use permit to amend the site plan approved by Ordinance No. 97-144 to revise the floor plan and exterior elevations. The subject property is located at 101 West State Highway 114 and is zoned "CC" Community Commercial District Regulations. Mr. John King requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Martin, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Martin & Tiggelaar Nays: None Mayor Pro Tern Wilbanks, seconded by Council Member 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 ITEM 6. PUBLIC HEARING, AMEND GRAPEVINE CODE OF ORDINANCES, APPENDIX D THE COMPREHENSIVE ZONING ORDINANCE NO. 82-73, AS AMENDED, SECTION 40 "MXU" MIXED USE DISTRICT REGULATIONS Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reviewed the proposed amendment to the Grapevine Code of Ordinances, Appendix D, the Comprehensive Zoning Ordinance No. 82-73, as amended, to rescind all of Section 40 "MXU" Mixed Use District Regulations. 4 08/17/10 After Planning &Zoning Commission workshops, it was their recommendation that until the geographic boundary and use issues of the district can be better defined,the district should be removed from the zoning ordinance. 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 Fry, seconded by Commissioner Hotelling, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Martin & Tiggelaar Nays: None Council Member Spencer, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RECESS AND RECONVENE MayorTate 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. The following item was discussed after Item 21. ITEM 7. OLD BUSINESS SPECIAL USE APPLICATION SU10-06 AND CONDITIONAL USE APPLICATION CU10-16 COMPASS CHRISTIAN CHURCH These items were tabled by the City Council at the July 20, 2010 City Council meeting. As the property was being considered for rezoning to residential, it is not necessary for the special use permit;therefore, Compass Christian Church has requested the withdrawal of Special Use Application SU10-06 for property located at 4201 Pool Road. Council Member Spencer, seconded by Council Member Coy, offered a motion for approval of the withdrawal of Special Use Application SU10-06. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 5 08/17/10 City Secretary Huff requested the City Council consider Conditional Use Application CU10- 16 filed by Compass Christian Church, 4201 Pool Road.Approval grants a conditional use permit for three non profit institutions in conjunction with a church. The following conditions were agreed upon by the applicant: non-profit (GRACE) collections would be conducted on-site six days per week; there will be no outside storage of donations, materials, or containers; non-profits will have administrative offices only and will be limited to no more than ten percent of the overall floor area as recommended by the Planning & Zoning Commission. Council Member Spencer, seconded by Council Member Coy, amended the previous motion for approval of the withdrawal of Special Use Application SU 10-06 and for approval of the ordinance adopting Conditional Use Application CU10-16 with the conditions as presented. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2010-39 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 CU10-16 FOR NONPROFIT INSTITUTIONS IN CONJUNCTION WITH A CHURCH IN A DISTRICT ZONED "R-7.5" SINGLE FAMILY DISTRICT REGULATIONS ALL IN ACCORDANCE WITH ASITE 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 8. RESOLUTION, ACCEPT CERTIFIED TAX ROLLS 6 08/17/10 Managing Director of Financial Services Fred Werner recommended approval of a resolution accepting the Certified Tax Rolls having a total appraised value of $9,629,702,250.00 less exemptions of $3,765,059,104.00 for a net taxable value of $5,864,643,146.00. Mayor Pro Tern Wilbanks, seconded by Council Member Spencer, offered a motion for approval of the resolution accepting the Certified Tax Rolls. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2010-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS APPROVING THE TAX ROLLS FOR 2010 ON PROPERTY WITHIN THE CITY; AND PROVIDING AN EFFECTIVE DATE ITEM 9. APPROVE CHANGE ORDER NOS. 4 AND . 5, EULESS-GRAPEVINE ROAD/STONE MYERS PARKWAY CONSTRUCTION PROJECT Deputy Director of Public Works Stan Laster recommended approval of Change Order Nos. 4 and 5 to the Euless-Grapevine Road/Stone Myers Parkway Construction Project in an amount of $11,058.04 and $331,528.88 respectively and authorization for Staff to execute said change orders. 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 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. Renew Interlocal Agreement,Tarrant County, Funding,Participation, Euless Grapevine/Stone Myers Parkway Construction Project Public Works Director recommended approval of the renewal of an interlocal agreement for Fiscal Year 2011 with Tarrant County for their funding participation in the Euless Grapevine/Stone Myers Parkway Construction Project in an amount of$1,000,000.00. 7 08/17/10 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 11. Ordinance, Amend Chapter 23 Traffic, Section 23-63 No Parking Fairway Drive Public Works Director recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 23 Traffic, Section 23-63 by the addition of"No Parking, No Stopping, No Standing" restriction along both sides of Fairway Drive from Treatment Trail to the Grapevine-Flower Mound city limits. 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 ORDINANCE NO. 2010-40 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS,AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 23 TRAFFIC, SECTION 23-63 RELATIVE TO NO PARKING ZONES, RESTRICTED PARKING ZONES; AUTHORIZING THE ERECTION OF TRAFFIC REGULATION SIGNS; 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. Ordinance Amend Chapter 23 Traffic Section 23-26 Speed Zones Stone Myers Parkway Public Works Director recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 23 Traffic, Section 23-26 to establish speed zones on Stone Myers Parkway. Motion by Council Member Stewart, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: 8 08/17/10 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2010-41 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 Item 13. Renew Tree Maintenance Annual Contract Parks & Recreation Director recommended renewal of the Tree Maintenance Annual Contract with Preservation Tree Services, primary contractor, and Northwest Services dba Horton Tree Service, secondary contractor. 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. 14. . Approve Purchase Washer/Extractor and D er Fire Chief recommended approval of the purchase of a Washer/Extractor and Dryer from Casco Industries with a grant from the Department of Homeland Security, Assistance to Firefighters Grant Program in the total amount of$15,994.00. 9 08/17/10 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 15. Resolution, Sole Source Purchase Pump Impellers Public Works Director recommended approval of a resolution authorizing the sole source purchase of Pump Impellers for the Wastewater Treatment Plant from Environmental Improvements Incorporated in the total amount of$18,000.01. 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. 2010-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS,AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO DECLARE ENVIRONMENTAL IMPROVEMENTS INCORPORATED A SOLE SOURCE PROVIDER FOR HAYWARD GORDON PARTS AND PURCHASE PUMP IMPELLERS TO REPLACE INEFFECTIVE PARTS AND PROVIDING AN EFFECTIVE DATE Item 16. Consideration of Minutes City Secretary recommended approval of the minutes of the August 2 and 3, 2010 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 ITEM 17. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU10-14 AMC THEATRE Chairman Larry Oliver reported the Planning &Zoning Commission voted 7-0 for approval of Conditional Use Application CU 10-14 filed by AMC Theatre granting a conditional use permit to amend the site plan approved by Ordinance No. 98-118 for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and 10 08/17/10 mixed beverages) in conjunction with a movie theatre/restaurant with outside dining. The subject property is located at 3150 Grapevine Mills Parkway and is zoned "CC"Community Commercial 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. 2010-42 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 CU10-14 AMENDING THE SITE PLAN APPROVED BY ORDINANCE. NO. 98-118 FOR THE POSSESSION, STORAGE, RETAIL SALE,AND ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES(BEER,WINE AND MIXED BEVERAGES)AND OUTSIDE DINING IN CONJUNCTION WITH A RESTAURANT/MOVIE THEATRE 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 ITEM 18. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z10-03 CITY OF GRAPEVINE Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Zoning Application Z10-03 filed by the City of Grapevine granting rezoning of approximately 11 08/17/10 4.851 acres from "CN" Neighborhood Commercial District Regulations to "R-7.5" Single Family District Regulations. The subject property is owned by Compass Christian Church. Council Member Coy, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the ordinance granting the rezoning. The motion prevailed by the following vote: Ayes: Tate; Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2010-43 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 Z10-03 ON A TRACT OF LAND OUT OF THE C. DOSS SURVEY, ABSTRACT NO. 439, DESCRIBED AS BEINGATRACT 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 "CN" NEIGHBORHOOD COMMERCIAL DISTRICT REGULATIONS TO "R-7.5" SINGLE FAMILY DISTRICT REGULATIONS; 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; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 19. PLANNING & ZONING COMMISSION RECOMMENDATION MASTER PLAN LAND USE MAP MP10-01 CITY OF GRAPEVINE Chairman Oliver reported the Planning &Zoning Commission voted 7-0 for approval of the amendment to the Master Plan Land Use Map MP10-01 filed by the City of Grapevine approving an amendment to revise the future land use map from "LC" Commercial Low Intensity to "RL" Residential Low Density. The subject property is owned by Compass Christian Church. 12 08/17/10 Mayor Pro Tern Wilbanks, seconded by Council Member Lease,offered a motion to accept the Commission's recommendation and approve the ordinance granting the amendment to the land use map. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2010-44 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING ORDINANCE NO. 87-11 WHICH ADOPTED THE COMPREHENSIVE MASTER PLAN 1974-1994 UPDATE 1987 OF THE CITY OF GRAPEVINE, TEXAS ADOPTING AN AMENDMENT TO MAP 2 LAND USE PLAN OF THE COMPREHENSIVE MASTER PLAN UPDATE 1987 OF THE CITY OF GRAPEVINE, TEXAS; PROVIDING A SEVERABLITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 20. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU10-19 JOE'S CRAB SHACK Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU 10-19 filed by Joe's Crab Shack granting an amendment to the site plan approved by Ordinance No. 97-144 to revise the floor plan and exterior elevations. The subject property is located at 101 West State Highway 114 and is zoned "CC" Community Commercial District Regulations. 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. 2010-45 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 CU10-19 AMENDING THE SITE PLAN APPROVED BY ORDINANCE NO. 97-144 TO REVISE THE FLOOR PLAN AND EXTERIOR ELEVATIONS OF A RESTAURANT IN A DISTRICT ZONED "CC"COMMUNITY COMMERCIAL DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED 13 08/17/10 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 21. PLANNING & ZONING COMMISSION RECOMMENDATION AMEND COMPREHENSIVE ZONING ORDINANCE NO. 82-73 AS AMENDED, APPENDIX D Chairman Oliver reported the Planning&Zoning Commission voted 7-0 for approval of the amendment to the Grapevine Code of Ordinances, Appendix D, the Comprehensive Zoning Ordinance No. 82-73, as amended, Section 40 "MXU" Mixed Use District Regulations to delete Section 40 "MXU" Mixed Use District Regulations from the City Code. Council Member Spencer, seconded by Council Member Coy, offered a motion to accept the Commission's recommendation and approve the ordinance amending the Grapevine Code of Ordinances. The motion prevailed by the following vote: Ayes; Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2010-46 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY DELETING SECTION 40, "MXU" MIXED USE DISTRICT IN ITS ENTIRETY; 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 EMERGENCYAND PROVIDING AN EFFECTIVE DATE 14 08/17/10 ADJOURNMENT Mayor Pro Tem Wlbanks, seconded by Council Member Coy, offered a motion to adjourn the meeting at 8:55 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 7th day of September, 2010. APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary 15