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HomeMy WebLinkAboutItem 05 - Minutes ITEM STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council and the Grapevine 4B Economic Development Corporation Board of the City of Grapevine, Texas met in Executive Session on this the 14th day of September, 2010 at 6:25 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to-wit: William D. Tate Mayorl413 President C. Shane Wilbanks Mayor Pro Tem/413vice President Sharron Spencer Council Member/4B Board Member Darlene Freed Council Memberl413 Board Member Mike Lease Council Memberl413 Board Member Roy Stewart Council Member Chris Coy Council Member Chris Reyher Board Member Martin Honeycutt Board Member Matt Carnes Board Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager Doug Connor Assistant City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the joint meeting to order at 6:25 p.m. ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council and Grapevine 4B Economic Development Corporation Board 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 or expand in the City; with which businesses the City is conducting economic development negotiations pursuant to Section 551.087, Texas Government Code. Upon the City Council 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 requested authorization to enter into an Economic Development and Incentive Agreement with Grapevine Equity Partners in an amount notto exceed$750,000 pursuant to Section 551.087, Texas Government Code. He stated the 4B Economic 09/14/10 Development Corporation Board had voted to approve the economic development and incentive agreement. Council Member Spencer, seconded by Council Member Stewart, offered a motion to approve the economic development and inventive agreement as recommended. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Note: The City Council continued with Regular 4B Board meeting, the Crime Control and Prevention District meeting and the Regular City Council meeting. ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the meeting at 6:50 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 5th day of October, 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 Special Session on this the 14th day of September, 2010 at 6:48 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 H. T. Hardy Assistant City Manager Doug Connor Assistant City Attorney Linda Huff City Secretary John McGrane Administrative Services Director CALL TO ORDER Mayor Tate called the meeting to order at 6:48 p.m. ITEM 1. ORDINANCE, ADOPT FISCAL YEAR 2010-2011_ BUDGET City Manager Bruno Rumbelow stated the Fiscal Year 2010-2011 Budget remains the same as was presented in the September 7 public hearing. The following was presented at the September 7 meeting. The proposed budget for Fiscal Year 2010-2011 (FY2011) responds to the Council's priorities and represents a continuing commitment to prudent fiscal management while providing essential services to the community. The service levels remain consistent and there will not be any increase in utility rates. The proposed tax rate for FY2011 is $0.35 per $100.00 valuation that remains the same as last year and the "pay as you go" policy will remain in effect. The proposed budget is $6.1 million less than the current year's budget. There are no changes to benefits or premiums and there are no new positions proposed for the next fiscal year as there were 12.4 full time positions eliminated from the proposed budget. The budget contains fund expenditures in the following amounts: 09114110 General Fund $49,308,083 Utility Enterprise Fund 20,187,441 Debt Service Fund 12,049,638 Convention &Visitors Bureau Fund 16,669,750 Lake Enterprise Fund 3,150,072 Streets & Drainage Capital Projects 2,310,598 Permanent Street Maintenance Fund. 1,356,000 General Permanent Capital Maintenance Fund 987,160 Utility Permanent Capital Maintenance Fund 750,000 Stormwater Drainage Fund 2,067,869 Lake Parks Fund 1,515,363 Water and Wastewater System Capital Projects 3,762,844 4B Fund 7,761,301 Crime Control & Prevention District Fund 12,237,027 Buildings & Facilities Capital Projects 7,592,480 Traffic Improvements Capital Projects 1,397,820 Capital Equipment Acquisitions 2,117,457 The current year's budget will end with a 20% fund balance and the proposed FY2011 budget will have an ending fund balance representing 20%of total budgeted expenditures. Council Member Freed, seconded by Council Member Lease, offered a motion to adopt the ordinance approving Fiscal Year 2010-2011 Budget as presented. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2010-47 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ADOPTING THE BUDGET FOR THE CITY OF GRAPEVINE, TEXAS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010AND ENDING SEPTEMBER 30, 2011; PROVIDING FOR INTRA- AND INTER- DEPARTMENTAL FUND TRANSFERS; PROVIDING FOR INVESTMENT OF CERTAIN FUNDS; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE ITEM 2. ORDINANCE ADOPT AD VALOREM TAX RATE City Manager Bruno Rumbelow recommended approval of an ordinance setting the Fiscal Year 2010-2011 ad valorem tax rate at $0.3500 per $100.00 valuation apportioned as 2 09/14/10 follows: General Fund, a tax rate of $0.1346 per $100.00 value and Debt Service, a tax rate of $0.2154 per $100.00 value. Mayor Pro Tern Wilbanks, seconded by Council Member Coy, offered a motion to adopt the ordinance as presented setting the ad valorem tax rate at $0.3500 per $100.00 valuation. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2010-48 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SETTING THE ANNUAL TAX RATE FOR TAX YEAR 2010; LEVYING TAXES FOR THE TAX YEAR 2010 TO BE ASSESSED ON ALL TAXABLE PROPERTY WITHIN THE LIMITS OF THE CITY OF GRAPEVINE, TEXAS; PROVIDING PENALTIES AND INTEREST FOR THE DELINQUENT TAXES; DECLARING AN EMERGENCYAND PROVIDINGAN EFFECTIVE DATE ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the meeting at 6:50 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 5th day of October, 2010. APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary 3 STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 21 st day of September, 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 Jennifer Hibbs Assistant 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 AMENDMENTS CHAPTER 20 STREETS SIDEWALKS AND OTHER PUBLIC WAYS RIGHTS OF WAY AND POLITICAL SIGNS Development Services Director Scott Williams reviewed proposed amendments to the Grapevine Code of Ordinances, Chapter 20 Streets, Sidewalks and Other Public Ways, Section 20-13.1 Signs on Rights of Way and Section 20-39.12 relative to political signs. He noted that rights of way in front of single family homes in variable, therefore, Staff has historically taken no action on political signs in front of residential properties. It is recommended that political signs be allowed in the right of way only to coincide with early voting. There was no formal action taken by the City Council. ITEM 2. DISCUSS AMENDMENTS APPENDIX D SECTION 60 SIGN REGULATIONS Development Services Director Williams reviewed proposed amendments to the Grapevine Code of Ordinances, Appendix D, Comprehensive Zoning Ordinance, Section 60 Sign 09/21/10 Regulations relative to electronic message signs and elevated display areas in car dealerships. He reviewed proposed amendments that would allow electronic signs that change more often than every fifteen (15) seconds with specific conditions and noted that any signage requires a permit be issued. There was no formal action taken by the City Council. ITEM 3. MONTHLY FINANCIAL UPDATE Administrative Services Director John McGrane presented the monthly financial update through August 2010, noting that revenues are continuing on a downward trend. To date revenues are $46.2 million and expenditures at $46.1 million. He noted that sales taxes are up significantly from July and the mixed beverage taxes are moving up. He commented that due to the economy, hotel occupancy fluctuates monthly. He stated that the City's unemployment rate is at 6.3%which is still below the national average of 9.5%. There was no formal action taken by the City Council. ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the workshop at 6:52 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 5th day of October, 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 21 st day of September, 2010 at 7:00 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to-wit: William D. Tate Mayor C. Shane Wilbanks Mayor Pro Tern Sharron Spencer Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease. Council Member Chris Coy Council Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager 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) 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 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. ADJOURNMENT 09/21/10 Mayor Pro Tern Wilbanks, seconded by Council Member Coy, offered a motion to adjourn the meeting at 8:21 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 5th day of October, 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 21 st day of September, 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 Gary Martin Member Beth Tiggelaar Member Wayne Szot Alternate Elaine Martin Alternate constituting a quorum,with Commissioner Jim Fechter absent,with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant 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 7:35 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Martin delivered the Invocation and led the Pledge of Allegiance. 09/21/10 ITEM 1. PUBLIC HEARING CONDITIONAL USE APPLICATION CU10-20 PLUCKERS-GRAPEVINE LP Mayor Tate declared the public hearing open. Planner Albert Triplett advised that Conditional Use Application CU 10-20 had been filed by Pluckers-Grapevine LP requesting a conditional use permit to amend the site plan approved by Ordinance No. 94-83 for outside dining, outdoor speakers and two pole signs on property located at 1709 Cross Roads Drive. The subject property is zoned "CC" Community Commercial District Regulations. An interior remodel is proposed for the complete demolition of the second floor area of the restaurant and the addition of a screened patio on the east side of the building to accommodate 142 patrons. There will be televisions throughout the dining area with ten on the patio. Eight parking spaces will be removed to create the patio area, but the elimination of the second floor has reduced the overall occupant load of the building. The new concept is for 465 persons (including patio dining)with a parking requirement of 155 spaces that has been provided_ Mr. Sean Greenberg requested favorable consideration of the application noting the restaurant's goal is to be a family oriented/sports enthusiasts, casual dining facility. Discussion ensued regarding the number of outside speakers and volume and the 20 foot pole sign. Mr. Greenberg responded there would be 10 outdoor speakers and the volume would never be above 80-85 decibels. He stated that due to the layout of the property,the pole sign would be necessary for restaurant identity. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and City Secretary Huff reported the Council and Commission had been copied the one letter against and the one letter of support for the application. Commissioner Wilson, seconded by Commissioner Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Martin, Tiggelaar& Szot Nays: None Absent: Fechter 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 2. PUBLIC HEARING CONDITIONAL USE APPLICATION CU10-22 GAYLORD TEXAN HOTEL Mayor Tate declared the public hearing open. 2 09/21/10 Planner Triplett advised that Conditional Use Application CU10-22 had been filed by Gaylord Texan Hotel requesting a conditional use permit to amend Ordinance No. 200945 for temporary signage, a banner sign (eight feet high and 235 feet long)on the construction fence, for the resort pool/event area located at the northeast corner of the Gaylord Trail and State Highway 26 intersection. The sign would remain in place until construction is completed and the fence removed, projected to be no later than the end of March, 2011. The subject property is located at 1000 Gaylord Trail and is zoned "PCD" Planned Commerce Development District. Ms. Angela Mitchum 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 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, Martin, Tiggelaar& Szot Nays: None Absent: Fechter 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 3. PUBLIC HEARING, HISTORIC LANDMARK SUBDISTRICT HL10-05 MR.. ERIC EICHER Mayor Tate declared the public hearing open. Planner Triplett reported Historic Landmark Subdistrict HL10-05 had been filed by Mr. Eric Eicher requesting a historic landmark subdistrict overlay for the Koonce-Simmons House located at 305 Smith Street. The Historic Preservation Commission adopted the preservation criteria for the subject property addressing such issues as setbacks, driveways, parking, exterior finishes and other architectural embellishments to preserve the historic integrity of the property. 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. 3 09121/10 Commissioner Wilson, seconded by Commissioner Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Martin, Tiggelaar& Szot Nays: None Absent: Fechter 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 4. PUBLIC HEARING, HISTORIC LANDMARK SUBDISTRICT_HL10-06 MR. TIMOTHY.ROST Mayor Tate declared the public bearing open. Planner Triplett reported Historic Landmark Subdistrict HL10-06 had been filed by Mr.Timothy Rost requesting a historic landmark subdistrict overlay for the property located at 414 East Texas Street. The Historic Preservation Commission adopted the preservation criteria for the subject property addressing such issues as setbacks, driveways, parking, exterior finishes and other architectural embellishments to preserve the historic integrity of the property. 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 Szot, seconded by Commissioner Hotelling, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Martin, Tiggelaar& Szot Nays: None Absent: Fechter 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 4 09/21/10 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 5. PUBLIC HEARING AMEND CHAPTER 12 HEALTH AND SANITATION OIL AND GAS WELL DRILLING, FRAC PONDS Mayor Tate declared the public hearing open. Development Services Director Scott Williams requested approval of the ordinance relative to the proposed amendments to the Grapevine Code of Ordinances, Chapter 12 Health and Sanitation, Oil and Gas Well Drilling thatwould allowfracturing fluid pits to be removed within nine months following the fracturing of the first well and allow frac ponds to remain in place during continuous drilling/fracturing of wells, provided that no more than nine months passes between the fracturing of the previous well. Mayor Tate invited guests present to speak regarding the proposed amendments. No one wished to speak and there was no correspondence to report. Council Member Stewart, seconded by Council Member Lease, offered a motion to close the public hearing_ The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Stewart, Freed, Lease & Coy Nays: None Abstain: Spencer Motion by Council Member Freed, seconded by Council Member Spencer,to approve the ordinance as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Stewart, Freed, Lease & Coy Nays: None Abstain: Spencer ORDINANCE NO. 2010-49 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE CODE OF ORDINANCES CHAPTER 12 HEALTH AND SANITATION, ARTICLE VII, OIL AND GAS WELL DRILLING, REPEALING CONFLICTING ORDINANCES PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH SEPARATE OFFENCE SHALL BE DEEMED COMMITTED UPON EACH DAY 5 09/21/10 DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 6. ORDINANCE,APPROVEATMOS ENERGY MID-TEX RATE SETTLEMENT Assistant City Manager Jennifer Hibbs recommended approval of an ordinance approving the Atmos Energy Mid-Tex Rate Settlement. The original rate request was for$70.2 million and after consultants working on behalf of the cities served by Atmos reviewed the increase request, it was found that $21 million is justifiable. The executive committee of the cities served by Atmos and Atmos representatives reached a settlement of$27 million. The average cost of the settlement to ratepayers is $1.40 for the average residential customer. Mayor Pro Tern Wilbanks reported the Utility Committee had reviewed the proposed ordinance and recommended approval of the settlement. Motion by Mayor Pro Tern Wilbanks, seconded by Council Member Stewart,to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2010-50 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE,TEXAS,("CITY")APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE ("ACSC" OR "STEERING COMMITTEE") AND ATMOS ENERGY CORP., MID-TEX DIVISION ("ATMOS MID- TEX" OR "COMPANY") REGARDING THE COMPANY'S THIRD RATE REVIEW MECHANISM ("RRM") FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES' REASONABLE RATEMAKING EXPENSES; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; APPROVING ATMOS MID-TEX'S PROOF OF REVENUES; EXTENDING THE RRM PROCESS FOR TWO CYCLES AND ADOPTING A NEW RRM TARIFF; RATIFYING THE SETTLEMENT AGREEMENT, INCLUDING COST RECOVERY FOR A STEEL SERVICE LINE REPLACEMENT PROGRAM; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS 6 09/21/10 ACT; DECLARING AN EFFECTIVE DATE;AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE'S LEGAL COUNSEL. ITEM 7. ORDINANCE,AMEND CHAPTER 23, TRAFFIC SPEED LIMITS, SCHOOL ZONES Deputy Director of Public Works Stan Laster recommended approval of an ordinance amending the Grapevine Code of Ordinances Chapter 23 Traffic, Section 23-27 Speed Limits—Schedules of Additional School Zones to change school zone timings to match the revised Grapevine-Colleyville Independent School District(GCISD) bell schedule to allow for school zones to be in effect when school flashers are activated. Discussion ensued relative to having adequate signage in school zones. Mr. Laster stated Staff would review school zones signage. Motion by Council Member Coy, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2010-51 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES, CHAPTER 23 TRAFFIC, SECTION 23-27 SPEED LIMITS - SCHEDULES OF ADDITIONAL SCHOOL ZONES, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF SECTIONS 167 AND 169 OF ARTICLE XIX, R.C.S. 6701d, 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 ASSET 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 7 09/21/10 ITEM 8. ORDINANCE, AMEND CHAPTER 23 TRAFFIC, PARKING ZONES Deputy Director of Public Works Laster recommended approval of an ordinance amending the Grapevine Code of Ordinances Chapter 23 Traffic, Section 23-63 No Parking Zones to establish parallel parking and prohibit truck parking on portions of Hanover Drive and Municipal Way. Discussion ensued relative to allowing parallel parking on Hanover Drive. Council Member Spencer made a motion to allow parking on Hanover Drive with the provision of no parking 50 feet from the corner and parking only after 6 p.m. until 5 a.m. Following deliberation, Council Member Spencer amended her motion to allow parking on Hanover Drive with the provision of no parking 40 feet from the corner and to prohibit truck parking on Hanover Drive and Municipal Way. Council Member Freed offered a second to the motion which prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2010-52 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 9. RESOLUTIONS, APPROVE INTERLOCAL AGREEMENTS, TARRANT COUNTY. HOSPITAL DISTRICT, TARRANT COUNTY COLLEGE DISTRICT, TARRANT COUNTY Administrative Services Director John McGrane recommended approval of three resolutions approving interlocal agreements between the City of Grapevine and Tarrant County Hospital District, Tarrant County College District and Tarrant County relative to Tax Increment Finance District No. 1. Beginning on or before June 1, 2010 on an annual basis and after receipt by the City of all TI F allocations,the City agrees to review the accounts for TIF No. 1. If excess funds are available to pay all outstanding debt obligations of the TIF 8 09/21/10 fund, the City agrees to refund all three entities current contribution up to 100% of the amount paid. Motion by Council Member Freed, seconded by Council Member Stewart, to approve the three resolutions as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2010-28 A RESOLUTION OF THE CITY OF GRAPEVINE, TEXAS APPROVING THE INTERLOCAL AGREEMENT WITH TARRANT COUNTY HOSPITAL DISTRICT CONCERNING TAX INCREMENT FINANCE DISTRICT NO. 1 AND PROVIDING AN EFFECTIVE DATE RESOLUTION NO. 2010-29 A RESOLUTION OF THE CITY OF GRAPEVINE, TEXAS APPROVING THE INTERLOCAL AGREEMENT WITH TARRANT COUNTY COLLEGE DISTRICT CONCERNING TAX INCREMENT FINANCE DISTRICT NO. 1 AND PROVIDING AN EFFECTIVE DATE RESOLUTION NO. 2010-30 A RESOLUTION OF THE CITY OF GRAPEVINE, TEXAS APPROVING THE INTERLOCAL AGREEMENT WITH TARRANT COUNTY CONCERNING TAX INCREMENT FINANCE DISTRICT NO. 1 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. Council Member Stewart removed Item 10 Resolution, Notice of Intention, Issue Certificates of Obligation. The following item was removed from the Consent Agenda and discussed after Item 17, ITEM 10. _RESOLUTION, NOTICE OF INTENTION,_ISSUE CERTIFICATES OF OBLIGATION 9 09/21/10 Administrative Services Director McGrane recommended approval of a resolution directing publication of a Notice of Intention to issue Combination Tax and Revenue Certificates of Obligation, Series 2010 in the amount of$500,000.00 for the expenditure of funds related to the Lake Parks Improvements and repealing Resolution No. 2010-27. Motion by Mayor Pro Tern Wilbanks, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Freed, Lease & Coy Nays: None Abstain: Stewart RESOLUTION NO. 2010-31 A RESOLUTION RELATING TO THE GIVING OF NOTICE OF INTENTION TO ISSUE CITY OF GRAPEVINE, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2010 AND PROVIDING AN EFFECTIVE DATE Item 11. Approve Adopt-An-Area Agreements Parks & Recreation Board of Directors and Parks & Recreation Director recommended approval of Adopt-An-Area Agreements with Ebby Halliday for a portion of State Highway 26;Allen Family for a portion of Grapevine-Euless Road; and Demmilee Video Productions for a portion of the shoreline at Grapevine Lake and the Davis Family for a portion of Shady Brook Drive. Motion by Council Member Coy, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 12. Renew Bid 291-2007 Various Aggregate Materials Annual Contract Public Works Director recommended approval of the renewal of Bid 291-2007 Various Aggregate Materials Annual Contract to TXI, Inc.; Hanson Aggregates; U.S. Silica; Big Sandy Sand, and Top Way Properties. Motion by Council Member Coy, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 13. Renew Bid 258-2006 Paving Fabric Contract 10 09/21/10 Public Works Director recommended approval of the renewal of Bid 258-2006 Paving Fabric Contract to Hanes Geo Components as primary contractor. Motion by Council Member Coy, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 14. Approve Purchase, Photovoltaic Kilowatt System, Water Treatment Plant Public Works Director recommended approval of the purchase of a Photovoltaic kilowatt system for the Water Treatment Plant from Helio's Electric under an Energy Conservation Grant from the Department of Energy. Motion by Council Member Coy, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 15. Approve, Purchase Uninterruptible Power Supplies;_Traffic Signals Public Works Director recommended approval of the purchase of Uninterruptible Power Supplies for Traffic Signals from Paradigm Traffic System in an amount not to exceed $134,887.00. Motion by Council Member Coy, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 16. Award Bid 316-2010 Traffic Conduit Installation Contract Public Works Director recommended approval of the award of Bid 346-2010 Traffic Conduit Installation Contract to Multiple Cable Systems. Motion by Council Member Coy, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 17. Consideration of Minutes 11 09/21/10 City Secretary recommended approval of the minutes of the September 7, 2010 City Council meetings as published. Motion by Council Member Coy, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 18. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU10-20 PLUCKERS-GRAPEVINE LP Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU 10-20 filed by Pluckers-Grapevine LP granting a conditional use permit to amend the site plan approved by Ordinance No. 94-83 for outside dining, outdoor speakers and two pole signs on property located at 1709 Cross Roads Drive. Council Member Coy, seconded by Council Member Lease, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2010-53 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 CU10-20 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 94-83 FOR A RESTAURANT WITH OUTSIDE DINING, OUTDOOR SPEAKERS, AND TWO POLE SIGNS, 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 12 09/21/10 DOLLARS ($2,000.00)AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 19 PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU10-22 GAYLORD TEXAN HOTEL Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU 10-22 filed by Gaylord Texan Hotel granting a conditional use permit to amend the site plan approved by Ordinance No. 2009-45 for temporary signage for the resort pool/event area. The subject property is located at 1000 Gaylord Trail and. is zoned "PCD" Planned Commerce Development District. 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. 201054 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 CU1022 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2009-45 FOR A HOTEL, CONVENTION CENTER AND A POOLIWATERPARK COMPLEX, FOR TEMPORARY SIGNAGE FOR THE RESORT POOL/EVENT AREA IN A DISTRICT ZONED "PCD" PLANNED COMMERCE DEVELOPMENT DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING 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 13 09/21/10 ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 20. PLANNING & ZONING COMMISSION RECOMMENDATION HISTORIC LANDMARK SUBDISTRICT HL10-05 MR. ERIC EICHER Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Historic Landmark Subdistrict HL10-05 filed by Mr. Eric Eichergranting a historic landmark subdistrict overlay for the Koonce-Simmons House located at 305 Smith Street. Mayor Pro Tern Wilbanks, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation and approve the ordinance granting the historic landmark subdistrict overlay. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2010-55 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DESIGNATING A HISTORIC LANDMARK SUBDISTICT HL10-05 IN ACCORDANCE WITH SECTION 39 OF ORDINANCE NO. 82-73 (APPENDIX"D"OF THE CODE OF ORDINANCES), DESIGNATING THE AREA LEGALLY DESCRIBED AS TRACT 62B, ABSTRACT 422, WILLIAM DOOLEY SURVEY AND MORE SPECIFICALLY DESCRIBED HEREIN, IN A DISTRICT ZONED °R-7.5" SINGLE FAMILY DISTRICT REGULATIONS; PROVIDING FOR THE ADOPTION OF THE KOONCE-SIMMONS HISTORIC DISTRICT DESIGN GUIDELINES;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 21. PLANNING & ZONING COMMISSION RECOMMENDATION. HISTORIC LANDMARK SUBDISTRICT HL10-06 MR. TIMOTHY ROST 14 09/21/10 Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Historic Landmark Subdistrict HL10-06 fled by Mr. Timothy Rost granting a historic landmark subdistrict overlay for the property located at 414 East Texas Street. Council Member Stewart, seconded by Council Member Coy, offered a motion to accept the Commission's recommendation and approve the ordinance granting the historic landmark subdistrict overlay. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2010-56 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DESIGNATING A HISTORIC LANDMARK SUBDISTICT HL10-06 IN ACCORDANCE WITH SECTION 39 OF ORDINANCE NO. 82-73 (AP PPENDIX"D"OF THE CODE OF ORDINANCES), DESIGNATING THE AREA LEGALLY DESCRIBED AS LOT A, RAWLS AND DALTON ADDITION, WILLIAM DOOLEY SURVEY AND MORE SPECIFICALLY DESCRIBED HEREIN, IN A DISTRICT ZONED"R-7.5"SINGLE FAMILY DISTRICT REGULATIONS; PROVIDING FOR THE ADOPTION OF HISTORIC DISTRICT DESIGN GUIDELINES; 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 ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Coy, offered a motion to adjourn the meeting at 8:21 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 5th day of October, 2010. 15 09/21/10 APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary 16