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HomeMy WebLinkAbout2001-07-17 Joint Meeting AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING WORKSHOP TUESDAY, JULY 17, 2001 AT 7:00 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET DINNER AT 6:45 P.M. CALL TO ORDER 1. Presentation of Church Street plans. 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 13TH DAY OF JULY, 2001 AT 5:00 P.M. C-46c1d-'"' 716466 Linda Huff City Secretary STATE OF TEXAS COUNTY OF TARRANT r..a. CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 17th day of July, 2001 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 Ted R. Ware Mayor Pro Tem Sharron Spencer Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with Council Member C. Shane Wilbanks absent, with the following members of the City Staff: Roger Nelson City Manager Bruno Rumbelow Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Melisa Leal Assistant to the City Manager Jennifer Hibbs Assistant to the City Manager CALL TO ORDER Mayor Tate called the meeting to order at 7:00 p.m. ITEM 1. WORKSHOP, PRESENTATION OF CHURCH STREET PLANS Public Works Director Jerry Hodge and Mr. Kevin Sheppard, HDR Engineering, presented the proposed plans for the reconstruction of Church Street that reflect the historic elements of the downtown area. The project is estimated to take 9-12 months once the bid is awarded. There was no action taken by the City Council. ADJOURNMENT Council Member Stewart, seconded by Mayor Pro Tern Ware, offered a motion to adjourn the workshop at 7:21 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks 07/17/01 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of August, 2001. APPROVED: j4tr.1■35 —' William D. Tate Mayor ATTEST: Linda Huff City Secretary WNW MOS 2 AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, JULY 17, 2001 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. 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 551.086, Texas Government Code. City Council to reconvene in open session and take any necessary action relative to conference with employees under Sections 551.086, 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 13TH DAY OF JULY, 2001 AT 5:00 P.M. -Xle-c-dc/ 41A:(-6'L'LindHuff City Secretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Special Session (Executive Session) on this the 17th day of July, 2001 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 Ted R. Ware Mayor Pro Tern Sharron Spencer Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with Council Member C. Shane Wilbanks absent, with the following members of the City Staff: Roger Nelson City Manager Bruno Rumbelow 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: 27 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 and expand in the City; with which businesses the City is conducting economic development negotiations under Section 551.086, 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 Roger Nelson stated there was no action necessary relative to (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 and expand in the City; with which businesses the City is conducting economic development negotiations under Section 551.086, Texas Government Code. NOTE: City Council continued with the Regular City Council meeting in open session in 4 the Council Chambers. 07/17/01 Rs. ADJOURNMENT Council Member Spencer, seconded by Council Member Freed, offered a motion to adjourn the meeting at 7:55 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of August, 2001. APPROVED: William D. ate Mayor ATTEST: RR�► Linda Huff ZV City Secretary RRIR 2 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL PLANNING & ZONING COMMISSION MEETING TUESDAY, JULY 17, 2001 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER INVOCATION: Commissioner Herb Fry OATH OF OFFICE 1. City Secretary Huff to administer the Oath of Office to Planning & Zoning Commissioners Kevin Busbee, Rob Undersander, Bill Bimmerman and Michael Crapp. JOINT PUBLIC HEARINGS 2. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU01-30 filed by Performance Audi requesting a conditional use permit for an automotive dealership with a 40 foot pole sign and a six foot monument sign on property located at 2040 North State Highway 121. The 4.14 acre property is zoned "CC" Community Commercial District Regulations. Applicant has requested to table the public hearing to the August 21, 2001 meeting. 3. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU01-33 filed by Fleet Management Services, Inc. requesting a conditional use permit to amend the site plan approved by Ordinance No. 2000-120 for the addition of 10,400 square feet of lease space to the automotive repair facility located at 804-D and 802 Port America Place, Suite 200. The subject property is zoned "LI" Light Industrial District. 4. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU01-38 filed by Neiman Marcus requesting a conditional use permit for the development of a retail addition to the Grapevine Mills Mall located at 3000 Grapevine Mills Parkway. The subject property is zoned "CC" Community Commercial District Regulations with a planned commercial center in excess of 1,000,000 square feet of gross leasable space. 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 13TH DAY OF JULY, 2001 AT 5:00 P.M. ivi(Ae Linda Huff City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, JULY 17, 2001 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CITIZEN COMMENTS NEW BUSINESS 5. Consider an ordinance accepting the bid and authorizing the sale of$4,385,000.00 of Combination Tax and Revenue Certificates of Obligation, Series 2001 for the financing of the Palace Arts Center and take any necessary action. 6. Consider a resolution approving and ratifying agreements between the City and a consortium of Grapevine Banks to finance the acquisition, construction and renovation of the historic Palace Arts Center in the amount of$3,800,000 and loan agreements between the City and the Grapevine Heritage Foundation pursuant to an economic development program established in accordance with Chapter 380 of the Texas Local Government Code Nunc Pro Tunc to March 7, 2000, the date the documents and agreements were reviewed and approved by the City of Grapevine City Council; and, approving documents and authorizing the Mayor to execute all appropriate documents and instruments necessary to effectuate permanent financing for the Palace Arts Center 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. 7. Consider award of an Engineering Services Contract to Alan Plummer Associates, Inc. for design services for rehabilitation of four sewage lift stations and authorization for the City Manager as signatory. Public Works Director recommends approval. 8. Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 23 Traffic, Section 23-27, Speed Limits — Schedule of Additional School Zones on Dove Road, Lucas Street, Worthington Street and Scribner Street relative to the new Grapevine Middle School. Public Works Director recommends approval. 9. Consider an ordinance abandoning a portion of right-of-way located at the southeast corner of the intersection of Dooley Street and Wildwood Drive. Public x Works Director recommends approval. 10. Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 7 Buildings and Construction relative to increasing permit fees effective October 1, 2001. Development Services Director recommends approval. 11. Consider renewal of Bid 11-1999 Asphalt Milling Services Annual Contract to Dustrol, Inc. Public Works Director recommends approval. 12. Consider renewal of Bid 8109 Street Paving Fabric Annual Contract to Texas Steel Culvert. Public Works Director recommends approval. 13. Consider renewal of Bid 8110 Automotive Tires Annual Contract to Blagg Tire Company. Administrative Services Director recommends approval. 14. Consider the minutes of the July 6, 2001 City Council meetings. City Secretary recommends approval as published. 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 15. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU01-33 (Fleet Management Services, Inc.) and a subsequent ordinance, if applicable. 16. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU01-38 (Neiman Marcus) and a subsequent ordinance, if applicable. 17. Consider the recommendation of the Planning &Zoning Commission relative to the preliminary plat of Lot 1, Block 4, Kelley Addition and take any necessary action. 18. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lot 1, Block 4, Kelley 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 13TH DAY OF JULY, 2001 AT 5:00 P.M. Linda Huff City Secretary AGENDA CITY OF GRAPEVINE SPECIAL BRIEFING SESSION PLANNING & ZONING COMMISSION TUESDAY, JULY 17, 2001 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 July 17, 2001 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 13TH DAY OF JULY, 2001 AT 5:00 P.M. 41`1;6144 Linda Huff City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, JULY 17, 2001 AT 7:30 P.M. PLANNING & ZONING COMMISSION CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET NEW BUSINESS 1. Election of officers and take any necessary action. 2. Consider Conditional Use Application CU01-33 (Fleet Management Services, Inc.) and make a recommendation to the City Council. 3. Consider Conditional Use Application CU01-38 (Neiman Marcus) and make a recommendation to the City Council. 4. Consider the preliminary plat of Lot 1, Block 4, Kelley Addition and make a recommendation to the City Council. 5. Consider the final plat of Lot 1, Block 4, Kelley Addition and make a recommendation to the City Council. 6. Discuss setting a date for the second tri-annual workshop and take any necessary action. CONSIDERATION OF MINUTES 7. Consider the minutes of the June 19, 2001 Planning & Zoning Commission meetings 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 TXAS GVERNMENT 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 13TH DAY OF JULY, 2001 AT 5:00 P.M. w Lind Huff tti 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 17th day of July, 2001 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 Ted R. Ware Mayor Pro Tern Sharron Spencer Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with Council Member C. Shane Wilbanks absent, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Herbert Fry Vice Chairman Chris Coy Member Kevin Busbee Member Danette Murray Member Betty Nicholson Member Rob Undersander Member Bill Bimmerman, Jr. Alternate Michael Crapp Alternate constituting a quorum, with the following members of the City Staff: Roger Nelson City Manager Bruno Rumbelow Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Melisa Leal Assistant to the City Manager Jennifer Hibbs Assistant to the City Manager CALL TO ORDER Mayor Tate called the meeting to order at 7:35 p.m. INVOCATION Commissioner Fry delivered the Invocation. 07/17/01 ITEM 1. OATH OF OFFICE h.n City Secretary Huff administered the Oath of Office to reappointed Planning & Zoning Commissioners Kevin Busbee, Rob Undersander, Bill Bimmerman and newly appointed Commissioner Michael Crapp. ITEM 2. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU01-30 PERFORMANCE AUDI Mayor Tate declared the public hearing open. Planner Ron Stombaugh reported Conditional Use Application CU01-30 had been filed by Performance Audi requesting a conditional use permit for an automotive dealership with a 40 foot pole sign and a six foot monument sign on property located at 2040 North State Highway 121. The 4.14 acre property is zoned "CC" Community Commercial District Regulations. Mr. Stombaugh reported the applicant has requested to table the public hearing to the August 21, 2001 meeting in order to resolve issues regarding the site. Commissioner Coy, seconded by Commissioner Nicholson, offered a motion to table the public hearing to August 21, 2001. The motion prevailed by the following vote: Nomp Ayes: Oliver, Coy, Fry, Busbee, Murray, Nicholson & Undersander Nays: None Council Member Stewart, seconded by Council Member Spencer, offered a motion to table the public hearing to the August 21, 2001 meeting. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks Mayor Tate announced there would not be additional notification to the adjacent property owners. ITEM 3. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU01-33 FLEET MANAGEMENT SERVICES, INC. Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU01-33 was filed by Fleet Management Services, Inc. requesting a conditional use permit to amend the site plan approved by Ordinance No. 2000-120 for the addition of 10,400 square feet of lease space to the automotive repair facility located at 804-D and 802 Port America Place, Suite 200. 2 07/17/01 Mr. Stombaugh reported the applicant had requested withdrawal of the application as the subject property has been leased. Commissioner Fry, seconded by Commissioner Murray, offered a motion for approval of the withdrawal of the application. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Busbee, Murray, Nicholson & Undersander Nays: None Council Member Johnson, seconded by Mayor Pro Tem Ware, offered a motion for approval of the withdrawal of the application. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ITEM 4. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU01-38 NEIMAN MARCUS Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU01-38 had been filed by Neiman Marcus requesting a conditional use permit for the development of a 32,786 square foot retail addition to the Grapevine Mills Mall located at 3000 Grapevine Mills Parkway. The subject property is zoned "CC" Community Commercial District Regulations with a planned commercial center in excess of 1,000,000 square feet of gross leasable space. Mr. Dennis McGovern, representing Grapevine Mills Mall, 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 Busbee, seconded by Commissioner Undersander, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Busbee, Murray, Nicholson & Undersander Nays: None Mayor Pro Tem Ware, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: 3 07/17/01 Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed swo Nays: None Absent: Wilbanks 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 5. ORDINANCE, AUTHORIZE SALE OF COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2001, PALACE ARTS CENTER Administrative Services Director William Gaither recommended approval of an ordinance accepting bids as recommended by bond counsel, First Southwest, for the sale of $4,385,000.00 of Combination Tax and Revenue Certificates of Obligation (CO's) Series 2001. Sale of the CO's was authorized by the City Council when approving a Notice of Intent at the June 19, 2001 City Council meeting. Mr. Gaither advised funds from the sale of the CO's will be used to purchase the Palace Arts Center (Palace Theatre and the Lancaster Theatre) from the Heritage Foundation. This is a financing mechanism recommended by the City Attorney and bond counsel in order to meet the requirements of State law. The funds will be used by the Heritage Foundation to pay off the bank note financing previously approved by the City Council. Mr. Boyd London, representing First Southwest Company, reported the City had maintained its credit rating of"A1" (Moody's Investors Service, Inc.) and "A+" (Standard & Poor's Rating Group). He reported the lowest bids received as follows: William R. Hough & Co. at 4.979918% for $4,385,000.00 Combination Tax and Revenue Certificates of Obligation, Series 2001. Council Member Johnson, seconded by Council Member Freed, offered a motion to adopt the ordinance accepting the bids as recommended for the sale of the Combination Tax and Revenue Certificates of Obligation, Series 2001. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ORDINANCE NO. 2001-52 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF CITY OF GRAPEVINE, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2001, 4 07/17/01 IN THE AGGREGATE PRINCIPAL AMOUNT OF $4,385,000; LEVYING A TAX IN PAYMENT THEREOF; PRESCRIBING THE FORM OF SAID CERTIFICATES; AWARDING THE SALE THEREOF; APPROVING THE OFFICIAL STATEMENT; ENACTING OTHER PROVISIONS RELATING THERETO; AND DECLARING AN EMERGENCY ITEM 6. RESOLUTION, RATIFY AGREEMENTS BETWEEN CITY OF GRAPEVINE AND CONSORTIUM OF GRAPEVINE BANKS AND LOAN AGREEMENTS BETWEEN THE CITY AND GRAPEVINE HERITAGE FOUNDATION RELATIVE TO THE PALACE ARTS CENTER City Manager Roger Nelson requested approval of a resolution approving and ratifying agreements between the City and a consortium of Grapevine Banks to finance the acquisition, construction and renovation of the historic Palace Arts Center in the amount of $3,800,000 and loan agreements between the City and the Grapevine Heritage Foundation pursuant to an economic development program established in accordance with Chapter 380 of the Texas Local Government Code Nunc Pro Tunc to March 7, 2000, the date the documents and agreements were reviewed and approved by the City of Grapevine City Council. He also requested approval of the required documents and authorization for the Mayor to execute all appropriate documents and instruments necessary to effectuate permanent financing for the Palace Arts Center. Mr. Nelson advised the Council previously approved a Notice of Intent and Sale of Certificates of Obligation for purchase of the Palace Arts Center. This purchase is a necessary step to achieve permanent financing for the Palace Arts Center Project. Mr. Nelson stated that following the sale, the City will lease the facility back to the Heritage Foundation with a triple net lease. The Foundation will maintain, repair and operate the project. The term of the lease shall be concurrent with the City's Certificates of Obligation (20 years). The Foundation's rent for the project shall be equal to the City's combined principal and interest payments on the Certificates of Obligation. As security for the lease payments, the Foundation will pledge all net revenues from operations of the Palace, all unencumbered private donations, all local and federal grants, and all net Foundation revenue from its projects, operations and festivals. The Foundation has in its lease the option to purchase the Palace from the City for its market value, less depreciation. The depreciation schedule will follow the bond schedule in terms of project value. This agenda item approves the required documents and authorizes the Mayor to execute the documents as necessary to complete the transaction on behalf of the City. The documents and instruments authorized by this agenda item are: 1. A resolution that ratifies previous action taken by the City and the Heritage Foundation in March of 2000 to effectuate the bank note funding for the Palace construction. 2. A contract of sale for the Palace Arts Center conveying the Center to the City. 3. A Palace Arts Center Lease and Option to Purchase Agreement. 5 07/17/01 4. A special warranty deed. Mr. Nelson stated similar documents,were approved by the Heritage Foundation at their meeting on July 10, 2001. Motion by Council Member Johnson, seconded by Mayor Pro Tern Ware, to approve Items 1-4 as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks RESOLUTION NO. 2001-33 A RESOLUTION APPROVING AND RATIFYING AGREEMENTS BETWEEN THE CITY AND A CONSORTIUM OF CITY OF GRAPEVINE BANKS TO FINANCE THE ACQUISITION, PALACE ARTS CENTER IN THE AMOUNT OF $3,800,000.00 AND LOAN AGREEMENTS BETWEEN THE CITY AND THE GRAPEVINE HERITAGE FOUNDATION PURSUANT TO AN ECONOMIC DEVELOPMENT PROGRAM ESTABLISHED IN ACCORDANCE WITH CHAPTER 380 OF THE TEXAS LOCAL GOVERNMENT CODE NUNC PRO TUNC TO MARCH 7, 2000, THE DATE THE DOCUMENTS AND AGREEMENTS WERE REVIEWED AND APPROVED BY THE CITY OF GRAPEVINE CITY COUNCIL. 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 7. Award Engineering Services Contract, Rehabilitation of Lift Stations, Alan Plummer Associates, Inc. Public Works Director recommended award of an Engineering Services Contract to Alan Plummer Associates, Inc. in the amount of $185,659.00 for design services for rehabilitation of four sewage lift stations and authorization for the City Manager as signatory. Motion by Council Member Spencer, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed 6 07/17/01 Nays: None Absent: Wilbanks Item 8. Ordinance, Amend Chapter Traffic Public Works Director recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 23 Traffic, Section 23-27, Speed Limits — Schedule of Additional School Zones on Dove Road, Lucas Street, Worthington Street and Scribner Street relative to the new Grapevine Middle School. Motion by Council Member Spencer, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ORDINANCE NO. 2001-53 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES, CHAPTER 23 TRAFFIC, SECTION 23-27 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. 6701 d, UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF GRAPEVINE AS SET OUT IN THE ORDINANCE; AUTHORIZING THE ERECTION OF TRAFFIC REGULATION SIGNS; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Item 9. Ordinance, Abandon Portion of Right-of-Way, Dooley Street and Wildwood Drive Public Works Director recommended approval of an ordinance abandoning an 864 square 0a. foot segment of right-of-way located at the southeast corner of the intersection of Dooley 7 07/17/01 Street and Wildwood Drive, retaining said 864 square foot segment as a utility easement. Motion by Council Member Spencer, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ORDINANCE NO. 2001-54 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A PORTION OF RIGHT OF WAY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF DOOLEY STREET AND WILDWOOD DRIVE IN THE CITY OF GRAPEVINE, TEXAS, AS HEREINAFTER DESCRIBED, RETAINING SAID PORTION OF STREET RIGHT OF WAY AS A UTILITY EASEMENT; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Item 10. Ordinance, Amend Chapter 7 Buildings and Construction, Permit Fees ... Development Services Director recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 7 Buildings and Construction relative to increasing permit fees effective October 1, 2001. Motion by Council Member Spencer, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ORDINANCE NO. 2001-55 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 7 BUILDINGS AND CONSTRUCTION, ARTICLE I, SECTION 7-3; ARTICLE III ELECTRICAL CODE, SECTION 7-81; ARTICLE IV FENCES, SECTION 7-123; ARTICLE VI MECHANICAL CODE, SECTION 7-151; ARTICLE VIII PLUMBING CODE, SECTION 7-177, REGARDING PERMIT FEES, PROVIDING AMENDMENTS TO SAME, REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; k` A 8 07/17/01 PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH SEPARATE OFFENSE 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 11. Renew Bid 11-1999 Asphalt Milling Services Annual Contract, Dustrol, Inc. Public Works Director recommended renewal of Bid 11-1999 Asphalt Milling Services annual contract to Dustrol, Inc. Motion by Council Member Spencer, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks Item 12. Renew Bid 8109 Street Paving Fabric Annual Contract, Texas Steel Public Works Director recommended renewal of Bid 8109 Street Paving Fabric annual contract to Texas Steel Culvert. Motion by Council Member Spencer, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks Item 13. Renew Bid 8110 Automotive Tires Annual Contract, Blagg Tire Administrative Services Director recommended renewal of Bid 8110 Automotive Tires annual contract to Blagg Tire Company. Motion by Council Member Spencer, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks 9 07/17/01 Item 14. Consideration of Minutes amo City Secretary recommended approval of the minutes of the July 6, 2001 City Council meetings as published. Motion by Council Member Spencer, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ITEM 15. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU01-33 FLEET MANAGEMENT SERVICES, INC. Applicant withdrew the case, therefore, the item was not considered by the City Council or Planning & Zoning Commission. ITEM 16. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU01-38 NEIMAN MARCUS Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU01-38 filed by Neiman Marcus granting a conditional use permit for the development of a 32,786 square foot retail addition to the Grapevine Mills Mall located at 3000 Grapevine Mills Parkway. The subject property is zoned "CC" Community Commercial District Regulations with a planned commercial center in excess of 1,000,000 square feet of gross leasable space. Council Member Spencer, seconded by Council Member Freed, 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, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ORDINANCE NO. 2001-56 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 CU01-38 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE 10 07/17/01 NO. 2000-43 FOR A PLANNED COMMERCIAL CENTER IN EXCESS OF 1,000,000 SQUARE FEET OF GROSS LEASEABLE SPACE TO ALLOW FOR A RETAIL EXPANSION OF THE MALL PROPER 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 17. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT LOT 1, BLOCK 4, KELLEY ADDITION Chairman Oliver reported the Planning &Zoning Commission voted 7-0 for approval of the Statement of Findings and the preliminary plat of Lot 1, Block 4, Kelley Addition. The 3.014 acre property is located between Wildwood Drive, Dove Loop Road, Michol Street and Dooley Street and is being platted for the development of multi-family residences. Council Member Johnson, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the preliminary plat of Lot 1, Block 4, Kelley Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ITEM 18. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1, BLOCK 4, KELLEY ADDITION Chairman Oliver reported the Planning &Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1, Block 4, Kelley Addition. The 3.014 acre property is located between Wildwood Drive, Dove Loop Road, Michol Street and Dooley Street and is being platted for the development of multi-family residences. 11 07/17/01 Council Member Johnson, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 1, Block 4, Kelley Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks ADJOURNMENT Council Member Spencer, seconded by Council Member Freed, offered a motion to adjourn the meeting at 7:55 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Johnson, Stewart & Freed Nays: None Absent: Wilbanks PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of August, 2001. APPROVED: • William D. Tate Mayor ATTEST: alci_tta #.6e0 Linda Huff City Secretary IMSOIC 12