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HomeMy WebLinkAboutItem 07 - MinutesSTATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Executive Session on this the 21 st day of January, 2014 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 C. Shane Wilbanks Sharron Spencer Roy Stewart Darlene Freed Mike Lease Chris Coy Mayor Mayor Pro Tern Council Member Council Member Council Member Council Member 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 Jodi C. Brown 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) Conference with City Manager and Staff to discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay, or expand in the City; deliberate the offer of a financial or other incentive; with which businesses the City is conducting economic development negotiations pursuant to Section 551.087, Texas Government Code. Upon reconvening in open session in the Council Chambers, Mayor Tate asked if there was any action necessary relative to the closed session. City Manager Bruno Rumbelow stated there was no action necessary relative to conference with City Manager and Staff under Section 551.087, Texas Government Code. NOTE: City Council continued with the Regular City Council meeting in open session in the City Council Chambers. 920101:11", 01/21/2014 Council Member Freed, seconded by Council Member Coy, offered a motion to adjourn the meeting at 8:54 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 4th day of February, 2014. Jodi C. Brown City Secretary 2 William D. Tate Mayor 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 21 st day of January, 2014 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 C. Shane Wilbanks Sharron Spencer Roy Stewart Darlene Freed Mike Lease Chris Coy Mayor Mayor Pro Tern Council Member Council Member Council Member Council Member Council Member constituting a quorum, with the following members of the Planning & Zoning Commission: Larry Oliver Herbert Fry Betty "BJ" Wilson Monica Hotelling Jim Fechter Beth Tiggelaar Dennis Luers Theresa Mason Chairman Vice Chairman Member Member Member Member Alternate Alternate constituting a quorum, with Commissioner Gary Martin absent, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager John F. Boyle, Jr. City Attorney Jodi C. Brown City Secretary Mayor Tate called the meeting to order at 7:43 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Betty "BJ" Wilson delivered the Invocation and led the Pledge of Allegiance. ITEM 1. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU13 -21 GRAPEVINE EXPRESS CAR WASH AND FINAL PLAT LOT 1 R1 BLOCK 01/21/2014 Mayor Tate declared the public hearing open. Planning and Development Manager Ron Stombaugh stated that Conditional Use Application CU 13-21 and the final plat of Lot 1R1, Block 10R and Lot 2R1, Block 13R, Starr Addition being a replat of Lot 1 R, Block 10R and Lot 2R, Block 13R, Starr Addition had been submitted by Lanny Wilkinson (Grapevine Express Car Wash). The conditional use application is requesting a permit to amend the site plan approved by Ordinance No. 2003 -55 for an automotive car wash facility, specifically to enlarge the site and add a vehicle inspection facility. The subject property is located at 214 West Northwest Highway and is zoned "HC" Highway Commercial District. Mr. Lanny Wilkinson requested favorable consideration of the application and answered questions relative to future signage, location of the inspection facility on the lot, vehicle stacking plan for inspection facility and use of non -paved surface to access adjacent property. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Hotelling, 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, Tiggelaar & Mason Nays: None Absent: Martin Council Member Stewart, 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 2. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU13 -35 LEGOLAND DISCOVERY CENTER Mayor Tate declared the public hearing open. Planning and Development Manager Stombaugh stated that Conditional Use Application CU 13-35 had been submitted by Legoland Discovery Center requesting a conditional use permit to amend the site plan approved by Ordinance No. 2010 -70, as amended, to allow an outdoor splash pad. The subject property is located at 3000 Grapevine Mills Parkway #519 and is zoned "CC" Community Commercial District Regulations. 01/21/2014 Mr. Glen Griggs requested favorable consideration of the application and answered questions regarding the outdoor concept, wet/dry transition areas and outdoor food sales. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and two letters of support were copied to the Council and Commission. Commissioner Fry, seconded by Commissioner Fechter, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Tiggelaar & Mason Nays: None Absent: Martin Mayor Pro Tern Wilbanks, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 3. PUBLIC HEARING, CONDITIONAL USEAPPLICATION CU13 -36 FARINA'S WINERY Mayor Tate declared the public hearing open. Planning and Development Manager Stombaugh stated that Conditional Use Application CU 13-36 had been submitted by Gary Farina (Farina's Winery) requesting a conditional use permit to allow the possession, storage, retail sale and on- and off - premise consumption of alcoholic beverage (beer and wine only) and outside dining in conjunction with a restaurant. The subject property is located at 418 and 420 South Main Street and is zoned "CBD" Central Business District. The applicant proposes to change the use on the subject property from a wine tasting room to a restaurant, and apply for a State Wine and Beer Retailer's Permit (BG). Mr. Gary Farina requested favorable consideration of the application, stated business name and hours of operation would not change, business focus will remain on being a winery, and answered questions relative to current food and alcohol sales. Mayor Tate invited guests present to comment regarding the application. Mr. Carl Young, 4113 Meadow Drive, expressed a concern on the difference between a wine testing facility and a restaurant with a banquet room. There was no correspondence to report. Commissioner Fechter, seconded by Commissioner Hotelling, offered a motion to close the public hearing. The motion prevailed by the following vote: 3 01/21/2014 Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Tiggelaar & Mason Nays: None Absent: Martin Council Member Lease, 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, Lease & Coy Nays: None Abstain: Freed ITEM 4. PUBLIC HEARING, HISTORIC LANDMARK SUBDISTRICT HL13 -05 HENRY C. AND DEEDIE YANCEY HOUSE Mayor Tate declared the public hearing open. Planning and Development Manager Stombaugh stated that Historic Landmark Subdistrict HL13 -05 had been submitted by Michael and Evon Harris requesting a Historical Landmark Subdistrict Overlay for property located 404 East Worth Street. The subject property is known as the Henry C. and Deedie Yancey House and is zoned "R -7.5" Single Family District Regulations. 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, Hotelling, Fechter, Tiggelaar & Mason Nays: None Absent: Martin Council Member Freed, seconded by Council Member Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 5. PUBLIC HEARING, HISTORIC LANDMARK SUBDISTRICT HL13 -06 710 EAST WALL STREET Mayor Tate declared the public hearing open. 0 01/21/2014 Planning and Development Manager Stombaugh stated that Historic Landmark Subdistrict HL13 -06 filed by Audrea Weimer requesting a Historical Landmark Subdistrict Overlay for property located at 710 East Wall Street. The subject property is zoned "R -7.5" Single Family District Regulations. 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 Fry, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Tiggelaar & Mason Nays: None Absent: Martin Council Member Lease, 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 FINAL PLAT LOTS 5A1 AND 5A2 BLOCK A GRAPEVINE MILLS CROSSING ADDITION; REPLAT LOT 5A BLOCK A. GRAPEVINE MILLS CROSSING ADDITION Mayor Tate declared the public hearing open. Engineering Manager John Robertson stated an application had been filed by Kyle Bennett for the final plat of Lots 5A1 and 5A2, Block A, Grapevine Mills Crossing Addition being a replat of Lot 5A, Block A, Grapevine Mills Crossing Addition. The subject property is located on the southwest corner of Grapevine Mills Boulevard and State Highway 121, is zoned "CC" Community Commercial District Regulations and is being platting into two lots. 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 Hotelling, seconded by Commissioner Tiggelaar, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Tiggelaar & Mason Nays: None Absent: Martin 5 01/21/2014 Council Member Coy, seconded by Mayor Pro Tem Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & 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 7A. CITIZENS COMMENTS CARL YOUNG Mr. Carl Young, 4113 Meadow Drive, expressed concern with the proposed Clean Brush Recycling Program and with the City Council for considering the implementation of another regulation on the citizens of Grapevine. ITEM 7B. CITIZENS COMMENTS SAL DEANGELO Mr. Sal DeAngelo, 1944 North Port Court, spoke on the lack of progress on the rail service citing concerns with inexperienced rail staff, no Grapevine representation on board, and slow contract negotiations. ITEM 7C. CITIZENS COMMENTS TIM YATKO Mr. Tim Yatko, 920 Ravenswood Drive, stated he was a participant in the Clean Brush Recycling Pilot Program and spoke in support of the proposed ordinance. ITEM 7. ORDINANCE, AMEND REPUBLIC SERVICES FRANCHISE AGREEMENT AND CHAPTER 25 UTILITIES AND SERVICES ARTICLE III SOLID WASTE DISPOSAL, CLEAN BRUSH AND YARD WASTE PROGRAM Public Works Director Stan Laster presented an ordinance amending the City's current franchise agreement (Ordinance No. 95 -35, as amended) with Republic Services (dba Allied Waste Services of Fort Worth, LLC) to allow a Clean Brush and Yard Waste Program and an ordinance amending the Grapevine Code of Ordinances, Chapter 25 Utilities and Services, Article III Solid Waste Disposal to reflect adjustments to the residential solid waste agreement necessary to implement the program. Mr. Laster stated the City Council approved a three -month clean brush and yard waste pilot program in two of Grapevine's ten residential recycle routes on July 16, 2013. The pilot program was conducted in the three -month period of September through November, 2013 with positive results. Based on the results, Republic Services has 1 01/21/2014 proposed a brush diversion program for residential service by providing for clean brush and yard waste collection and diversion. The clean brush and yard waste collection will alternate weekly on Wednesdays with the bulk and brush collection starting the week of March 5th. Discussion ensued relative to implementing the program on alternating weeks versus on a set schedule. Council Member Freed offered a motion to approve the ordinances amending the franchise agreement and the Grapevine Code of Ordinances with the change that the clean brush and yard waste collection and landfill diversion be set for pick -up on the first and third Wednesdays of each month, and that bulk items be set for pick -up on the second, fourth and fifth Wednesdays. Council Member Coy seconded the motion which prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2014 -01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING ORDINANCE 95 -35, AS AMENDED, THE SOLID WASTE FRANCHISE; ALLOWING FOR CLEAN BRUSH AND YARD WASTE DIVERSION; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE CODE OF ORDINANCES, CHAPTER 25 UTILITIES AND SERVICES, ARTICLE III SOLID WASTE DISPOSAL; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 8. ORDINANCE, RESTRICT RESIDENCY OF CONVICTED CHILD SEX OFFENDERS Police Chief Eddie Salame stated on November 5, 2013, a workshop was held to discuss the feasibility of implementing an ordinance placing residency restrictions on convicted child sex offenders. Council requested the proposed ordinance include the elements of a 2,000 foot buffer zone around premises where children commonly gather; a definition of "places where children commonly gather" to include, a park, playground, school, day care facility, video arcade facility, public or private youth center, registered home daycare, recreational hiking and biking trails, or public swimming pools; and a definition of a sex offender as an offender whose victim was under 18 years old. A map of the City was 7 01/21/2014 presented outlining the restricted areas based on the current list of places where children commonly gather. Chief Salame answered questions regarding current rental lease agreements and the notification process to landlords. Council Member Coy offered a motion to approve the ordinance as presented. The motion was seconded by Council Member Freed and prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2014 -03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE CODE OF ORDINANCES ADDING A NEW ARTICLE REGULATING SEX OFFENDER RESIDENCY; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE 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. Item 11 relative to orthstar Bank, and Items 12 and 13 relative to 4B Economic Development Sales Tax Revenue Bonds were removed from the Consent Agenda. Item 9. Adopt -An- Agreement for Horseshoe Trails Park Parks & Recreation Director recommended approval of an Adopt -An- Agreement with the Lake Grapevine Runners and Walkers Club for Horseshoe Trails Park. Motion by Council Member Spencer, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 10. Resolution, Calling 2014 City Officers Election Staff recommended approval of a resolution calling the 2014 City Officers Election for City Council Places 5 and 6 to be conducted at the Grapevine Convention Center on Saturday, May 10, 2014 in compliance with the Texas Election Code. 0 01/21/2014 Motion by Council Member Spencer, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2014 -05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, PROVIDING FOR THE 2014 CITY OFFICER ELECTION TO BE HELD ON MAY 10, 2014; DETERMINING THE POLLING PLACE; PROVIDING SPECIFIC INSTRUCTIONS FOR THE CONDUCTING OF SAID ELECTION; REPEALING INCONSISTENT RESOLUTIONS AND PROVIDING AN EFFECTIVE DATE ITEM 11. RESOLUTION, AUTHORIZE NORTHSTAR BANK ACCOUNT SIGNATORY This item was removed from the Consent Agenda and considered after Item 21. Administrative Services Director recommended approval of a resolution authorizing Mayor William D. Tate, City Manager Bruno Rumbelow, Administrative Services Director John McGrane and Controller Karen Walker as authorized signers on all accounts and transactions with Northstar Bank. Council Member Freed, seconded by Mayor Pro Tern Wilbanks, offered a motion to approve the resolution as recommended. Ayes: Tate, Wilbanks, Spencer, Freed, Lease & Coy Nays: None Abstain: Stewart ' • • • to A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING PERSONS NAMED BELOW TO SIGN ON ALL ACCOUNTS AND TRANSACTIONS WITH NORTHSTAR BANK AND PROVIDING AN EFFECTIVE DATE NOTE: Mayor Tate turned the meeting over to Mayor Pro Tern Wilbanks during consideration of Items 12 and 13. 01/21/2014 Administrative Services Director John McGrane stated that on December 12, 2013 Resolution No. 4B 2013 -02 authorized the expenditure of up to $29.5 million in 4B Economic Development Corporation funds for the purchase of 185 acres of real estate. He then presented a resolution approving actions of the Board of Directors of the Grapevine 4B Economic Development Corporation on December 17, 2013, authorizing the issuance and sale of Grapevine 4B Economic Development Corporation Sales Tax Revenue Bonds, Taxable Series 2014, in the aggregate principal amount of not to exceed $19,500,000; prescribing the form of said bonds; providing for the security for and payment of said bonds; approving execution and delivery of a bond purchase agreement, authorizing the execution and delivery of a paying agent/registrar agreement; approving an engagement letter; approving the official statement; and containing other provisions relating to the subject. Council Member Spencer offered a motion to approve the resolution as recommended. Council Member Lease seconded the motion which prevailed by the following vote: Ayes: Wilbanks, Spencer, Stewart, Lease & Coy Nays: Freed Abstain: Tate RESOLUTION NO. 2014 -07 s • , be ITEM 13. CONCURRENT RESOLUTION, PROVIDE FOR COLLECTION HANDLING AND TRANSFER OF SALES TAX REVENUES DUE AND OWED TO GRAPEVINE 4B ECONOMIC DEVELOPMENT CORPORATION City Manager recommended approval of a concurrent resolution which provides for the collection and transfer of sales tax provided by the one- quarter of one -half percent imposed for 4B economic development. At the December 17, 2013 Joint City Council and 4B Economic Development Board meeting, a public hearing was held and a subsequent 4B resolution was approved providing for the collection, handling and transfer of sales tax revenues due and owing to the Grapevine 4B Economic Development Corporation. Council Member Stewart, seconded by Council Member Spencer, offered a motion to approve the concurrent resolution as recommended. The motion prevailed by the following vote: 10 01/21/2014 Ayes: Wilbanks, Spencer, Stewart, Lease & Coy Nays: Freed Abstain: Tate RESOLUTION NO. 2014 -08 PROVIDING •. COLLECTION, TRANSFER OF . LES TAX REVENUES DUE AND OWING TO GRAPEVINE 413 ECONOMIC DEVELOPMENT CORPORATION NOTE: Mayor Pro Tern Wilbanks relinquished control of the meeting to Mayor Tate. Item 14. Renew Bid 377 -2012 Masonry Construction and Repair Services Annual Contract Parks & Recreation Director recommended approval for the renewal of Bid 377 -2012 Masonry Construction and Repair Services Annual Contract with Austin Masonry Construction Inc. as primary vendor and Chibli Stone Works as the secondary vendor. This is the second annual renewal of the four optional, one -year renewals available, and funding has been budgeted in the Parks Signage Replacement Fund and Quality of Life Fund in an estimated budgeted amount of $183,000.00. Motion by Council Member Spencer, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 15. Renew Personal Services Laundry Contract Parks & Recreation Director recommended approval of the renewal of a personal services contract with Jiffy Wash for the laundering of linens and towels for The Vineyards Campground & Cabins and the Grapevine Golf Course. This is the second annual renewal of the four optional, one -year renewals available and funding is limited to the budgeted amount by each department in an estimated amount of $26,000.00. Motion by Council Member Spencer, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ill 01/21/2014 Item 16. Renew Bid 350 -2011 Grounds Management Services Annual Contract Parks & Recreation Director recommended approval for the renewal of Bid 350 -2011 Grounds Management Services Annual Contract with VMC Landscape Services. This is the third annual renewal of the four optional, one -year renewals available and funding is limited to the budgeted amount by each department in an estimated amount of $1,294,500.00. Motion by Council Member Spencer, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 17. Resolution Authorize Chevrolet Tahoe Purchase Public Works Director recommended approval of a resolution authorizing the purchase of a Chevrolet Tahoe for the Police Department in an amount not to exceed $27,675.88 from Reliable Chevrolet through a Cooperative Agreement with the State of Texas CO -OP Purchasing Program. This vehicle was approved for replacement in the FY 2014 budget. Motion by Council Member Spencer, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2014 -09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO PURCHASE A CHEVROLET TAHOE THROUGH AN ESTABLISHED COOPERATIVE AGREEMENT AND PROVIDING AN EFFECTIVE DATE Item 18. Resolution, Authorize Purchase of three Utility Vehicles Public Works Director recommended approval of a resolution authorizing the purchase of three, model 3650 utility vehicles in an amount not to exceed $54,724.43 from Bobcat of Dallas, the local dealer for the Bobcat Company, through an Interlocal Participation Agreement with The Local Government Purchasing Cooperative (Buyboard). Public Works Wastewater Division received approval to replace the vehicles in the FY 2014 budget. Motion by Council Member Spencer, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: m 01/21/2014 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2014 -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO PURCHASE UTILITY VEHICLES THROUGH AN ESTABLISHED INTERLOCAL PARTICIPATION AGREEMENT AND PROVIDING AN EFFECTIVE DATE Item _1.9. _ Resolution, Authorize Purchase of Backhoe Loader Public Works Director recommended approval of a resolution authorizing the purchase of a backhoe loader in an amount not to exceed $111,240.84 from RDO Equipment Co. through an Interlocal Participation Agreement with The Local Government Purchasing Cooperative (Buyboard). The Public Works Department received approval in the FY 2014 budget to replace the equipment. Motion by Council Member Spencer, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2014 -11 Item 20. Award Quote, Purchase of Harley- Davidson Police Motorcycle Public Works Director recommended approval to award a Quote in the amount not to exceed $22,534.71 for the purchase of a Harley- Davidson police motorcycle from Longhorn Harley- Davidson /Buell. Motion by Council Member Spencer, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 13 01/21/2014 Item 21. Consideration of Minutes City Secretary recommended approval of the minutes of the December 17, 2013 and January 7, 2014 City Council meetings as published. Motion by Council Member Spencer, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 22. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USEAPPLICATION CU13 -21 GRAPEVINE EXPRESS CAR WASH Development Services Director Scott Williams reported the Planning & Zoning Commission voted 7 -0 for approval of Conditional Use Application CU13 -21 filed by Lanny Wilkinson (Grapevine Express Car Wash) granting a permit to amend the site plan approved by Ordinance No. 2003 -55 for an automotive car wash facility, specifically to enlarge the site and add a vehicle inspection facility. The subject property is located at 214 West Northwest Highway and is zoned "HC" Highway Commercial District. Council Member Freed, seconded by Mayor Pro Tern Wilbanks, 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. 2014 -04 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 CU13 -21 AMENDING THE SITE PLAN APPROVED BY ORDINANCE NO. 2003 -55 TO ENLARGE THE LOT AND ADD A STATE INSPECTION FACILITY, IN A DISTRICT ZONED "HC" HIGHWAY COMMERCIAL 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 IV 01/21/2014 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 ZONING ITEM 23. PLANNING & COMMISSION RECOMMENDATION FINAL . T, LOT 1 R1, BLOCK 1 AND • BLOCK STAR! ADDITION Development Services Director Williams reported the Planning & Zoning Commission voted 6 -1 for approval of the Statement of Findings and the final plat of Lot 1 R1, Block 1 OR and Lot 2R1, Block 13R, Starr Addition filed by Lanny Wilkinson. The 1.709 acres is located at 214 and 312 West Northwest Highway and is being platted to add a vehicle inspection facility. Council Member Stewart, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 1R1, Block 1 O and Lot 2R1, Block 13R, Starr Addition. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 24. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU13 -35 LEGOLAND DISCOVERY CENTER Development Services Director Williams reported the Planning & Zoning Commission voted 7 -0 for approval of Conditional Use Application CU 13 -35 filed by Legoland Discovery Center granting a conditional use permit to amend the site plan approved by Ordinance No. 2010 -70, as amended, to allow an outdoor splash pad; with the stipulation that a separate conditional use application be filed for future outdoor speakers (the outdoor speakers, shown on the submitted drawings, were not included in the public notice). The subject property is located at 3000 Grapevine Mills Parkway #519 and is zoned "CC" Community Commercial District Regulations. Council Member Spencer, seconded by Council Member Coy, offered a motion to accept the Commission's recommendation as stipulated and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: 15 01/21/2014 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2014 -05 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 CU13 -35 AMENDING THE SITE PLAN APPROVED BY ORDINANCE NO. 2010 -70 TO ALLOW AN OUTDOOR SPLASH PAD 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 25. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU13 -36 FARINA'S WINERY Development Services Director Williams reported the Planning & Zoning Commission voted 7 -0 for approval of Conditional Use Application CU13 -36 filed by Gary Farina (Farina's Winery) granting a conditional use permit to allow the possession, storage, retail sale and on- and off - premise consumption of alcoholic beverage (beer and wine only) and outside dining in conjunction with a restaurant. The subject property is located at 418 and 420 South Main Street and is zoned "CBD" Central Business District. Council Member Spencer, seconded by Mayor Pro Tern Wilbanks, 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, Lease & Coy Nays: None Abstain: Freed 01/21/2014 ORDINANCE NO. 2014 -06 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE N O. 82 -73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU13 -36 FOR THE POSSESSION, STORAGE, RETAIL SALE, ON- AND OFF - PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER AND WINE ONLY) AND OUTSIDE DINING IN CONJUNCTION WITH A RESTAURANT IN A DISTRICT ZONED "CBD" CENTRAL BUSINESS DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82 -73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 26. PLANNING & ZONING COMMISSION RECOMMENDATION HISTORIC LANDMARK SUBDISTRICT HL13 -05 HENRY C. AND DEEDIE YANCEY HOUSE Development Services Director Williams reported the Planning & Zoning Commission voted 7 -0 for approval of Historic Landmark Subdistrict HL13 -05 filed by Michael and Evon Harris granting a Historical Landmark Subdistrict Overlay for the Henry C. and Deedie Yancey House located 404 East Worth Street and adoption of the Historical Design Guidelines. The subject property is zoned "R -7.5" Single Family 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 Historical Landmark Subdistrict Overlay. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 17 01/21/2014 • a 9 • 1 - 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, DESIGNATING A HISTORIC LANDMARK SUBDISTICT HL13 -05 IN ACCORDANCE WITH SECTION 39 OF ORDINANCE NO. 82 -73 (APPENDIX "D" OF THE CODE OF ORDINANCES), DESIGNATING THE AREA PLATTED AS LOT WEST Y 4 AND EAST 25 Y23, BLOCK 33, CITY OF GRAPEVINE ADDITION AND MORE SPECIFICALLY DESCRIBED HEREIN, IN A DISTRICT ZONED "R -7.5" SINGLE FAMILY DISTRICT REGULATIONS; PROVIDING FOR THE ADOPTION OF THE HENRY C AND DEEDIE YANCEY HOUSE HISTORIC DISTRICT PRESERVATION CRITERIA; 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 PLANNING ITEM 27. • NING COMMISSION RECOMMENDATION HISTORIC LANDMARK SUBDISTRICT HL1 3-06 710 EAST WA STREET I Development Services Director Williams reported the Planning & Zoning Commission voted 7 -0 for approval of Historic Landmark Subdistrict HL13 -06 filed by Audrea Weimer granting a Historical Landmark Subdistrict Overlay for property located at 710 East Wall Street and adoption of the Historical Design Guidelines. The subject property is zoned "R -7.5" Single Family District Regulations. Council Member Coy, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the ordinance granting the Historical Landmark Subdistrict Overlay. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2014 -08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, DESIGNATING A HISTORIC 01/21/2014 LANDMARK SUBDISTICT HL13 -06 IN ACCORDANCE WITH SECTION 39 OF ORDINANCE NO. 82-73 (APPENDIX "D" OF THE CODE OF ORDINANCES), DESIGNATING THE AREA PLATTED AS LOT 10, BLOCK 101, COLLEGE HEIGHTS ADDITION AND PART CLOSED STREET ON SOUTH AND MORE SPECIFICALLY DESCRIBED HEREIN, IN A DISTRICT ZONED "R -7.5" SINGLE FAMILY DISTRICT REGULATIONS; PROVIDING FOR THE ADOPTION OF THE 710 EAST WALL STREET HISTORIC DISTRICT PRESERVATION CRITERIA; 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 28. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT, LOTS 5A1 AND 5A2, BLOCK A GRAPEVINE MILLS CROSSING ADDITION Development Services Director Williams reported the Planning & Zoning Commission voted 7 -0 for approval of the Statement of Findings and the final plat of Lots 5A1 and 5A2, Block A, Grapevine Mills Crossing Addition being platted into two lots. The 8.5503 acres is located on the southwest corner of Grapevine Mills Boulevard and State Highway 121 and is zoned "CC" Community Commercial District Regulations. Council Member Stewart, seconded by Council Member Lease, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lots 5A1 and 5A2, Block A, Grapevine Mills Crossing Addition. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None .l M I 11014 ; Council Member Freed, seconded by Council Member Coy, offered a motion to adjourn the meeting at 8:54 p.m. The motion prevailed by the following vote: 7 01/21/2014 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 4th day of February, 2014. Jodi C. Brown City Secretary K% William D. Tate Mayor