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HomeMy WebLinkAbout2009-08-18 Joint Meeting AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING WORKSHOP TUESDAY, AUGUST 18, 2009 AT 6:00 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER 1. Rockledge Park Status and Vineyards Campground improvements. 2. Emergency Management update. 3. Discuss a no smoking ordinance in public buildings. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at(817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Special City Council Meeting Workshop Agenda was prepared and posted on this the 14th day of August, 2009 at 5:00 p.m. Linda Huff City Secretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 18th day of August, 2009 at 6:00 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 Mike Lease Council Member Chris Coy Council Member constituting a quorum, Council Member Darlene Freed 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 workshop to order at 6:00 p.m. ITEM 1. DISCUSS, ROCKLEDGE PARK STATUS AND VINEYARDS CAMPGROUND IMPROVEMENTS Parks & Recreation Director Doug Evans reviewed the proposed utility improvements to Rockledge Park and the additional RV and cabin sites to the Vineyards Campground. During discussion, it was the consensus to not make any improvements to Rockledge Park at this time as it does not benefit Grapevine citizens. Parks staff will schedule a City Council tour of Rockledge Park and the Vineyards Campground to review proposed improvements. There was no action taken by the City Council. ITEM 2. EMERGENCY MANAGEMENT UPDATE Fire Chief Steve Bass and Emergency Management Coordinator Carrie Little updated the City Council regarding emergency management program changes since the June 10, 2009 storm. Chief Bass reviewed the specific areas of improvement of the emergency management program to address siren activation criteria, CodeRED updates and citizen 08/18/09 awareness, and the ability to better monitor weather and related events via television. It was noted that the Emergency Command Center is located at the Police Department with Central Fire Station as the alternate location. There was no formal action taken by the City Council. ITEM 3. DISCUSS SMOKING BAN ORDINANCE Due to time restrictions, City Manager Bruno Rumbelow asked that the Council review the material presented in the agenda packet relative to a no smoking ordinance in public buildings. He stated the item would be placed on the September 1, 2009 workshop for full discussion. There was no formal action taken by the City Council. ADJOURNMENT Mayor Pro Tem Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the workshop at 7:00 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Absent: Freed PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 1st day of September, 2009. APPROVED: 36612." William D. Tate Mayor ATTEST: t4-4,6Lind Huff City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, AUGUST 18, 2009 AT 7:00 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER EXECUTIVE SESSION 1. City Council to conduct a closed session relative to: A. Discuss pending or contemplated litigation and legal issues with the City Attorney on matters that the attorney is required by the Code of Professional Responsibility to provide on a confidential basis relative to the Chesapeake conditional use application pursuant to Section 551.071,Texas Government Code. 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 and expand in the City; with which businesses the City is conducting economic development negotiations pursuant to Section 551.087, Texas Government Code. City Council to reconvene in open session and take any necessary action relative to pending or contemplated litigation and conference with employees under Sections 551.071 and 551.087, Texas Government Code. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at(817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Special City Council Meeting Agenda was prepared and posted on this the 14th day of August, 2009 at 5:00 p.m. Linda Huff If City Secretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE AI The City Council of the City of Grapevine, Texas met in Executive Session on this the 18th day of August, 2009 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 Mike Lease Council Member Chris Coy Council Member constituting a quorum, with Council Member Darlene Freed 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 7:00 p.m. ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding: (A) pending or contemplated litigation and legal issues with the City Attorney on matters that the attorney is required by the Code of Professional Responsibility to provide an a confidential basis relative to the Chesapeake conditional use application pursuant to Section 551.071, Texas Government Code; (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 and expand in the City; with which businesses the City is conducting economic development negotiations under Section 551.087, Texas Government Code. NOTE: Upon reconvening in open session in the Council Chambers, the City Council conducted the Regular City Council meeting in open session in the City Council Chambers, with Council Member Freed absent. 08/18/09 At the conclusion of the Regular City Council meeting, Mayor Tate asked if there was any action necessary relative to the closed session. City Manager Bruno Rumbelow stated there was no action necessary relative to pending or contemplated litigation or conference with City Manager and Staff under Sections 551.071 or 551.087,Texas Government Code. ADJOURNMENT Mayor Pro Tem Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the meeting at 10:20 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Absent: Freed PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 1st day of September, 2009. APPROVED: 43 William D. Tate Mayor ATTEST: Linda Huff /0 City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL PLANNING & ZONING COMMISSION MEETING TUESDAY, AUGUST 18, 2009 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE: Commissioner Monica Hotelling PRESENTATION 1. Director of Transportation Projects Jerry Hodge to present an update on TxDOT projects within the City. JOINT PUBLIC HEARINGS 2. City Council and Planning &Zoning Commission to conduct a public hearing relative to Zoning Application Z09-04, Conditional Use Application CU09-21 (Aloft Hotel), Conditional Use Application CU09-22 (Courtyard by Marriot), Conditional Use Application CU09-23 (Renaissance Hotel) and final plat of Lots 1 — 4, Block 1, Silver Lake Crossings Addition being a replat of a portion of Lots 1 and 2, Block 2, The Bluffs at Grapevine and a plat of unplatted tracts of land in the A. W. Anderson Survey, Abstract No. 26. The applications were filed by Silverlake Crossing for property located at the intersection north of State Highway 26 and Bass Pro Court. The zoning application requests rezoning of approximately 21.1 acres from "CC" Community Commercial District Regulations to "MXU" Mixed Use District Regulations for development of three hotel sites, multifamily complex and parking garage. The conditional use applications are for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with three hotels. 3. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU09-20 and the final plat of Lots 1, 2 and 3, Block 1, Bank of the West Addition being a replat of Lot 1, Block 1, Elliot's Hardware Addition. The applications were filed by Bank of the West requesting a conditional use permit to amend the site plan approved by Ordinance No. 2006-76 for a planned office center on property located at 108 West Northwest Highway. The subject property is zoned "HC" Highway Commercial District. END OF JOINT PUBLIC HEARINGS Planning & Zoning Commission to recess to Planning & Zoning Commission Conference Room, Second Floor to consider published agenda items. City Council to remain in session in the Council Chambers to consider published business. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at(817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Regular Joint City Council and Planning & Zoning Commission Meeting Agenda was prepared and posted on this the 14th day of August, 2009 at 5:00 p.m. Lind Huff 17"0 City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, AUGUST 18, 2009 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CITIZEN COMMENTS NEW BUSINESS 4. Consider a resolution to accept the Certified Tax Roll having a total appraised value of$7,001,394,253.00 less exemptions of$1,171,790,164.00 for a net taxable value of$5,829,604,089.00 and take any necessary action. 5. Consider an ordinance adopting a rate review mechanism settlement agreement with Atmos Energy and take any necessary action. 6. Consider an ordinance abandoning a portion of a drainage easement in the Shorecrest Acres Addition and take any necessary action. 7. Consider a resolution ratifying the purchase of additional Solar Panels for the Outdoor Siren Warning System and take any necessary action. CONSENT AGENDA Consent items are deemed to need little Council deliberation and will be acted upon as one business item. Any member of the City Council or member of the audience may request that an item be withdrawn from the consent agenda and placed before the City Council for full discussion. Approval of the consent agenda authorizes the City Manager, or his designee, to implement each item in accordance with Staff recommendations. 8. Consider a resolution ratifying the award of a contract to Viking Fence Company, Inc. for repair of various sections at the Oak Grove Baseball Complex and approval of the change order. Parks & Recreation Director recommends approval. 9. Consider the minutes of the July 27, August 4 and 11, 2009 City Council meetings as published. City Secretary recommends approval. Pursuant to the Texas Open Meetings Acts, Texas Government Code, Chapter 551.001 et seq, one or more of the above items may be considered in Executive Session closed to the public. Any decision held on such matter will be taken or conducted in open session following the conclusion of the executive session. ,..„ PLANNING & ZONING COMMISSION RECOMMENDATIONS 10. Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z09-04 (Silverlake Crossings) and a subsequent ordinance, if applicable. 11. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU09-21 (Silverlake Crossings/Aloft Hotel)) and a subsequent ordinance, if applicable. 12. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU09-22 (Silverlake Crossings/Courtyard by Marriot) and a subsequent ordinance, if applicable. 13. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU09-23 (Silverlake Crossings/Renaissance Hotel)and a subsequent ordinance, if applicable. 14. Consider the recommendation of the Planning &Zoning Commission relative to the preliminary plat of Silver Lake Crossings Addition and take any necessary action. 15. Consider the recommendation of the Planning&Zoning Commission relative to the final plat of Lots 1 — 4, Block 1, Silver Lake Crossings Addition and take any necessary action. 16. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU09-20 (Bank of the West) and a subsequent ordinance, if applicable. 17. Consider the recommendation of the Planning &Zoning Commission relative to the final plat of Lots 1, 2, and 3, Block 1, Bank of the West Addition and take any necessary action. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at(817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Regular City Council Meeting Agenda was prepared and posted on this the 14th day of August, 2009 at 5:00 p.m. SHuff' City Secretary AGENDA CITY OF GRAPEVINE SPECIAL BRIEFING SESSION PLANNING & ZONING COMMISSION TUESDAY, AUGUST 18, 2009 AT 7:00 P.M. PLANNING & ZONING CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER WORK SESSION 1. Planning & Zoning Commission to conduct a briefing session to discuss items scheduled to be heard in the August 18, 2009 public hearing. ADJOURNMENT If you plan to attend this briefing session and you have a disability that requires special arrangements at the meeting, please contact the office of Development Services at (817) 410-3154 at least 24 hours in advance. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et. seq. Acts of the 1993 Texas Legislature, the Planning and Zoning Commission Briefing Session Agenda was prepared and posted on this the 14th day of August, 2009 at 5:00 p.m. 4;e4t- Lind Huff City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, AUGUST 18, 2009 AT 7:30 P.M. PLANNING & ZONING COMMISSION CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET NEW BUSINESS 1. Consider Zoning Application Z09-04 (Silverlake Crossings) and make a recommendation to the City Council. 2. Consider Conditional Use Application CU09-21 (Silverlake Crossings/Aloft Hotel) and make a recommendation to the City Council. 3. Consider Conditional Use Application CU09-22 (Silverlake Crossings/Courtyard by Marriot) and make a recommendation to the City Council. 4. Consider Conditional Use Application CU09-23 (Silverlake Crossings/Renaissance Hotel) and make a recommendation to the City Council. 5. Consider the preliminary plat of Silver Lake Crossings Addition and make a recommendation to the City Council. 6. Consider the final plat of Lots 1 — 4, Block 1, Silver Lake Crossings Addition and *.;., make a recommendation to the City Council. 7. Consider Conditional Use Application CU09-20 (Bank of the West) and make a recommendation to the City Council. 8. Consider the final plat of Lots 1, 2, and 3, Block 1, Bank of the West Addition and make a recommendation to the City Council. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at(817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Regular Planning & Zoning Commission Meeting Agenda was prepared and posted on this the 14th day of August, 2009 at 5:00 p.m. Lin a Huff City Secretary 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 18th day of August, 2009 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 Mike Lease Council Member Chris Coy Council Member constituting a quorum, with Council Member Darlene Freed absent, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Herbert Fry Vice Chairman Betty "BJ" Wilson Member Mark Lowery Member Jim Fechter Member Gary Martin Member Wayne Szot Alternate constituting a quorum, with Commissioner Monica Hotelling and Alternate Elaine Martin 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 7:39 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Commission Alternate Wayne Szot delivered the Invocation and led the Pledge of Allegiance. 08/18/09 ITEM 1. PRESENTATION, TXDOT PROJECTS UPDATE Director of Transportation Projects Jerry Hodge introduced TxDOT Projects Manager of the DFW Connector, Sam Shaw, who presented a virtual overview of the project in the City. The DFW Connector encompasses improvements along State Highways 26, 114, 121, 360, Interstate Highway 635 and Farm to Market 1709. He reported the contract has been awarded to NorthGate Constructors and after construction begins, the project should be complete in 57 months. ITEM 2. PUBLIC HEARING, ZONING APPLICATION Z09-04 SILVER LAKE CROSSINGS, CONDITIONAL USE APPLICATON CU09-21 (ALOFT HOTEL), CONDITIONAL USE APPLICATION CU09-22 (COURTYARD BY MARRIOT), CONDITIONAL USE APPLICATION CU09-23 (RENAISSANCE HOTEL) AND FINAL PLAT OF LOTS 1-4, BLOCK 1, SILVERLAKE CROSSINGS ADDITION, REPLAT OF A PORTION OF LOTS 1 AND 2, BLOCK 2, THE BLUFFS AT GRAPEVINE AND A PLAT OF UNPLATTED TRACTS OF LAND IN THE A. W. ANDERSON SURVEY, ABSTRACT NO. 26 Mayor Tate declared the public hearing open. Planning & Development Manager Ron Stombaugh advised that Grapevine Equity Partners, L.L.C. had filed Zoning Application Z09-04, Conditional Use Application CU09-21 (Aloft Hotel—seven stories, 152 rooms), Conditional Use Application CU09-22 (Courtyard by Marriot— six stories, 180 rooms), Conditional Use Application CU09-23 (Renaissance } Hotel — eleven stories, 325 rooms) and final plat of Lots 1 — 4, Block 1, Silver Lake Crossings Addition being a replat of a portion of Lots 1 and 2, Block 2, The Bluffs at Grapevine and a plat of unplatted tracts of land in the A.W.Anderson Survey,Abstract No. 26. The applications are for property located at the intersection north of State Highway 26 and Bass Pro Court. The zoning application requests rezoning of approximately 21.1 acres from "CC" Community Commercial District Regulations to "MXU" Mixed Use District Regulations for development of three hotel sites, a four story, 380 unit multifamily complex and a stand alone two story parking garage. The conditional use applications are for the possession, storage, retail sale and on-premise consumption of alcoholic beverages(beer, wine and mixed beverages) in conjunction with three hotels. Mr. Robert DeShay, Mr. Jeff Good, Mr. Ron Smith, Mr. Paul Lee and Mr. Mike Patel requested favorable consideration of the applications. The development was presented as a destination leisure component for the City with the hotels and the multifamily complex (first phase) on the back of the property adjacent to the Cowboys Golf Course and Hilton Hotel. A commercial development(second phase)was proposed along State Highway 26. The developers stated they are working to preserve as many trees and natural drainage on the site as possible. RECESS AND RECONVENE 2 08/18/09 Mayor Tate announced the City Council and Planning &Zoning Commission would take a brief recess. Upon reconvening in the Council Chambers, all members of the City Council and Planning Zoning Commission were present with the exception of Council Member Freed and Commissioners Hotelling and E. Martin. Discussion ensued relative to the mixed use zoning request and the need to preserve as many trees and natural terrain of the tract of land as possible. The applicant responded they have engaged a park planner to address the tree concerns and that the multifamily complex was included due to the requirements of the mixed use zoning. The applicant stated they were not at liberty to comment on any of the future plans for development of the remaining property. Council and Commission expressed concern that future development of Phase II would clear cut the property of remaining trees. 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 two letters of support and one letter opposition. Commissioner Lowery, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Lowery, Fechter, Martin & Szot Nays: None Absent: Hotelling & E. Martin Council Member Spencer, seconded by Council Member Coy,offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Absent: Freed ITEM 3. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU09-20 BANK OF THE WEST AND FINAL PLAT OF LOTS 1, 2 AND 3, BLOCK 1, BANK OF THE WEST ADDITION, REPLAT OF LOT 1, BLOCK 1, ELLIOT'S HARDWARE ADDITION Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh advised that Bank of the West had filed Conditional Use Application CU09-20 and application for the final plat of Lots 1, 2 and 3, Block 1, Bank of the West Addition being a replat of Lot 1, Block 1, Elliot's Hardware Addition. The conditional use application requests a permit to amend the site plan approved by Ordinance No. 2006-76 for a planned office center and to make a temporary 3 08/18/09 bank building a permanent building on property located at 108 West Northwest Highway. The subject property is zoned "HC" Highway Commercial District. Mr. Sean Faulkner and Mr. Mike Pearce requested favorable consideration of the application. It was noted the temporary building would be redesigned in approximately in 90 days. Mayor Tate commented that the current proposal did not reflect the original development that had been presented when the first site plan was approved. 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 of support. Commissioner Fry, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Lowery, Fechter, Martin & Szot Nays: None Absent: Hotelling & E. Martin 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, Lease & Coy Nays: None Absent: Freed 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 3A. CITIZENS COMMENT, MR. LEONARD LANGLEY Mr. Leonard Langley, 819 King Street, Lot E, stated he lives in a mobile home park on Dallas Road and questioned the notice to move that he had received. It was his understanding that the RV he bought (that was already on the property prior to the current City Ordinance)was grandfathered and could remain in place. Mayor Tate stated that City Staff would give Mr. Langley a call to resolve his concerns as this was not a function of the City Council. 9. ITEM 4. RESOLUTION, ACCEPT CERTIFIED TAX ROLL 4 08/18/09 Administrative Services Director John McGrane recommended approval of a resolution accepting the Certified Tax Roll having a total appraised value of$7,001,394,253.00 less .,.� exemptions of$1,171,790,164.00 fora net taxable value of$5,829,604,089.00. Council Member Coy, seconded by Council Member Stewart, offered a motion to approve the resolution accepting the Certified Tax Roll. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Absent: Freed RESOLUTION NO. 2009-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS APPROVING THE TAX ROLLS FOR 2009 ON PROPERTY WITHIN THE CITY; AND PROVIDING AN EFFECTIVE DATE ITEM 5. ORDINANCE, ADOPT RATE REVIEW MECHANISM SETTLEMENT AGREEMENT 2009 Assistant City Manager Jennifer Hibbs recommended approval of an ordinance adopting a rate review mechanism settlement agreement with Atmos Energy. The City, along with 150 other cities served by Atmos Energy Mid-Tex Division ("Atmos Mid-Tex"or"Company"), is a member of the Atmos Cities Steering Committee ("ACSC"or"Steering Committee"). On March 6, 2009, Atmos Mid-Tex filed with the City an application to increase natural gas rates pursuant to the Rate Review Mechanism ("RRM")tariff approved by the City as part of the settlement of the Atmos Mid-Tex 2007 Statement of Intent to increase rates. The Atmos Mid-Tex March RRM filing sought a $20.2 million rate increase. The City worked with ACSC to analyze the schedules and evidence offered by Atmos Mid-Tex to support its request to increase rates. The Ordinance and RRM tariff are the result of negotiation between ACSC and the Company to resolve issues raised by ACSC during the review and evaluation of ACSC's RRM filing. The Ordinance and RRM tariffs approve rates that will increase the Company's revenues by$2.6 million effective for bills rendered on or after August 1, 2009. The monthly bill impact for the average residential customer will be a $0.15 increase (about a 0.22% increase in the total bill). Mayor Pro Tern Wilbanks stated that the City Council Utility committee recommended approval of the ordinance. Mayor Pro Tern Wilbanks, seconded by Council Member Lease, offered a motion to approve the ordinance as recommended. The motion prevailed as follows: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Absent: Freed 5 08/18/09 ORDINANCE NO. 2009-31 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 RATE REVIEW MECHANISM 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' PROOF OF REVENUES; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS Now ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE'S LEGAL COUNSEL ITEM 6. ORDINANCE, ABANDON PORTION OF DRAINAGE EASEMENT, SHORECREST ACRES ADDITION Deputy Director of Public Works Stan Laster recommended approval of an ordinance abandoning a 32.36 foot wide portion of a 49.96 foot wide drainage easement along the southern property line of Lot 75R, Shorecrest Acres Addition. Council Member Stewart, seconded by Mayor Pro Tern Wilbanks, offered a motion to approve the ordinance abandoning the drainage easement. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Absent: Freed ORDINANCE NO. 2009-32 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING THE PUBLIC'S RIGHTS IN A CERTAIN DRAINAGE EASEMENT LOCATED ON LOT 75R, SHORECREST ACRES ADDITION 6 08/18/09 TO THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED AND PROVIDING AN EFFECTIVE DATE ITEM 7. RESOLUTION, RATIFY PURCHASE, SOLAR PANELS Emergency Management Coordinator Carrie Little requested approval of a change order authorizing the purchase of eleven additional Solar Panels in the amount of$44,112.10 for the Outdoor Siren Warning System and approval of a resolution ratifying the purchase of the solar panels. The Outdoor Warning Siren System will run on solar power with battery backup that will result in a cost of savings $250,000.00 over the life of the sirens. Council Member Spencer requested Staff research the relocation of siren #14 from the Kelsey Court residential area. Council Member Coy, seconded by Council Member Spencer, offered a motion to approve the change order and resolution as recommended. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Absent: Freed RESOLUTION NO. 2009-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO THE RATIFICATION OF STAFF PURCHASE OF 11 SOLAR PANELS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS AND DOCUMENTS 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. There were none. Item 8. Resolution, Ratify Contract, Viking Fence Company, Inc. Parks& Recreation Director recommended approval of a resolution ratifying the award of a contract to Viking Fence Company, Inc. in the amount of$16,500.00 for repair of various sections at the Oak Grove Baseball Complex. Motion by Mayor Pro Tem Wilbanks, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: 7 08/18/09 Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Absent: Freed RESOLUTION NO. 2009-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO THE RATIFICATION OF STAFF ACTION TO CONTRACT FOR THE PURCHASE AND REPLACMENT OF FENCING AT THE OAKGROVE BASEBALL COMPLEX AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS AND DOCUMENTS AND PROVIDING AN EFFECTIVE DATE Item 9. Consideration of Minutes City Secretary recommended approval of the minutes of the July 27, August 4 and 11, 2009 City Council meetings as published. Motion by Mayor Pro Tem Wilbanks, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Absent: Freed ITEM 10. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z09-04 GRAPEVINE EQUITY PARTNERS, L.L.C./SILVER LAKE CROSSINGS Chairman Oliver reported the Planning & Zoning Commission voted 7-0 to table to the September 15, 2009 meeting Zoning Application Z09-04 filed by Grapevine Equity Partners, L.L.C. The applicant requested rezoning on approximately 21.1 acres located at the intersection north of State Highway 26 and Bass Pro Court acres from "CC"Community Commercial District Regulations to"MXU" Mixed Use District Regulations for development of three hotel sites, a four story, 380 unit multifamily complex and a stand alone two story parking garage. There was no action required by the City Council. ITEM 11. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU09-21 GRAPEVINE EQUITY L.L.C./SILVER LAKE CROSSINGS ALOFT HOTEL 8 08/18/09 Chairman Oliver reported the Planning & Zoning Commission voted 7-0 to table to the September 15, 2009 meeting Conditional Use Application CU09-21 filed by Grapevine Equity Partners, L.L.C.for the Aloft Hotel (seven stories, 152 rooms)on property located at the intersection north of State Highway 26 and Bass Pro Court. The applicant requested a conditional use permit for the possession, storage, retail sale and on premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a hotel. There was no action required by the City Council. ITEM 12. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU09-22 GRAPEVINE EQUITY PARTNERS, L.L.C./SILVER LAKE CROSSINGS COURTYARD BY MARRIOT Chairman Oliver reported the Planning & Zoning Commission voted 7-0 to table to the September 15, 2009 meeting Conditional Use Application CU09-22 filed by Grapevine Equity Partners, L.L.C. for the Courtyard by Marriot (six stories, 180 rooms) on property located at the intersection north of State Highway 26 and Bass Pro Court. The applicant requested a conditional use permit for the possession, storage, retail sale and on premise consumption of alcoholic beverages (beer,wine and mixed beverages) in conjunction with a hotel. There was no action required by the City Council. ITEM 13. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU09-23 GRAPEVINE EQUITY PARTNERS, L.L.C./SILVER LAKE CROSSINGS RENAISSANCE HOTEL Chairman Oliver reported the Planning & Zoning Commission voted 7-0 to table to the September 15, 2009 meeting Conditional Use Application CU09-23 filed by Grapevine Equity Partners, L.L.C. for the Renaissance Hotel (eleven stories, 325 rooms)on property located at the intersection north of State Highway 26 and Bass Pro Court. The applicant requested a conditional use permit for the possession, storage, retail sale and on premise consumption of alcoholic beverages (beer,wine and mixed beverages) in conjunction with a hotel. There was no action required by the City Council. ITEM 14. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT SILVER LAKE CROSSINGS ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for denial of the preliminary plat of the Silver Lake Crossings Addition and to waive the refiling fee. The subject property is located northwest of the intersection of State Highway 26 and Bass Pro Drive. 9 08/18/09 Council Member Spencer, seconded by Council Member Coy, offered a motion to accept the Commission's recommendation for denial of the preliminary plat and to waive the refiling fee. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Absent: Freed ITEM 15. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1 —4, BLOCK 1, SILVER LAKE CROSSINGS ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for denial of the final plat of Lots 1 —4, Block 1, Silver Lake Crossings Addition and to waive the refiling fee. The subject property is located northwest of the intersection of State Highway 26 and Bass Pro Drive. Council Member Coy, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation for denial of the final plat and to waive the refiling fee. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None WOW Absent: Freed ITEM 16. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU09-20 BANK OF THE WEST Chairman Oliver reported the Planning & Zoning Commission voted 7-0 to table to the September 15, 2009 Conditional Use Application CU09-20 filed by the Bank of the West requesting a conditional use permit to amend the site plan approved by Ordinance No. 2006-76 for a planned office center and to make a temporary bank building a permanent building on property located at 108 West Northwest Highway. The subject property is zoned "HC" Highway Commercial District There was no action required by the City Council. ITEM 17. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1, 2 AND 3, BLOCK 1, BANK OF THE WEST ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 7-0 to table to the September 15, 2009 meeting and to waive the refiling fee for the final plat of Lots 1, 2 and 3, Block 1, Bank of the West Addition. The property is located at 108 West Northwest Highway and is zoned "HC" Highway Commercial District. 10 08/18/09 Mayor Pro Tern Wilbanks, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation for denial of the final plat and to waive the refiling fee. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Absent: Freed ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the meeting at 10:20 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: None Absent: Freed PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 1st day of September, 2009. APPROVED: 4564 William D. Tate Mayor ATTEST: (74dee..i G);4?-0 Linda Huff City Secretary 11