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HomeMy WebLinkAbout2000-05-02 Regular Meeting AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING WORKSHOP TUESDAY, MAY 2, 2000 AT 6:30 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET DINNER AT 6:30 P.M. CALL TO ORDER 1. Discuss proposed amendments to Chapter 16 Parks and Recreation relative to private utility vendors in City parks. 2. Discuss proposed amendments to Chapter 7 Building and Construction and Chapter 12 Health and Sanitation relative to building permits. 3. Discuss setting time to canvass City Officer election. 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 28TH D.AY OF APRIL, 2000 AT 5:00 P.M. 'CindA 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 2nd day of May, 2000 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 Ted R. Ware Mayor Pro Tem Sharron Spencer Council Member C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member 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 6:35 p.m. ITEM 1. DISCUSS AMENDMENTS, CHAPTER 16 PARKS AND RECREATION Director of Parks & Recreation Doug Evans reviewed the proposed amendments to the Grapevine Code of Ordinances, Chapter 16 Parks and Recreation that would prohibit construction of above ground facilities by public and private utility vendors in City Parks. He stated the Texas Parks & Wildlife Grant Program requires that all powerlines and non- park related facility utilities have to be installed below ground for compliance with their grant program. It was noted the City has 10 parks that were built with Texas Parks & Wildlife Grants. There was no action taken by the City Council. ITEM 2. DISCUSS AMENDMENTS, CHAPTER 7 BUILDING AND CONSTRUCTION AND CHAPTER 12 HEALTH AND SANITATION Development Services Director H. T. Hardy reviewed the proposed amendments to 05/02/00 Chapter 7 Building and Construction and Chapter 12 Health and Sanitation that would allow greater enforcement capability for projects that have been started but never completed, or not completed in a reasonable length of time. The proposed amendments would provide the Building Inspection Department adequate provisions to ensure that projects proceed at an acceptable pace and are completed. There was no action taken by the City Council, ITEM 3. DISCUSS CANVASS OF CITY OFFICER ELECTION City Manager Nelson stated that under State law, the May 6, 2000 City Officer Election canvass had to be conducted between May 9 and May 12. The Texas Election Code provides that two members of the City Council constitute a quorum for canvassing of the election. He inquired if the Council wanted to conduct the canvass at an earlier time as there would not be any other City business to conduct. It was the consensus of the City Council to conduct the canvass at 730 p.m. on May 9. ADJOURNMENT Council Member Stewart, seconded by Mayor Pro Tem Ware, offered a motion to adjourn the workshop at 6:53 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 16th day of May, 2000. APPROVED: ....... ...... William D. Tate Mayor ATTEST: Linda Huff V V City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, MAY 2, 2000 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. Real property relative to the Township under Section 551.072, Texas Government Code. B. Conference with City Manager and Staff to receive information relative to economic development prospects under Section 551.075, Texas Government Code. City Council to reconvene in open session and take any necessary action relative to real property and conference with employees under Sections 551.072 and 551.075, 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 seo, ACTS OF THE 1993 TEXAS LEGISLATURE, THE SPECIAL CITY COUNCIL MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 28TH DAY OF APRIL, 2000 AT 5:00 P.M. Lind.4 Huff 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 2nd day of May, 2000 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 C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member 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 7:04 p.m. ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding (A) real property relative to the Township and (B) conference with City Manager and Staff to receive information relative to economic development prospects under Sections 551.072 and 551.075, 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 regarding (A) real estate relative to the Township and (B) conference with City Manager and Staff to receive information relative to economic development prospects under Sections 551.072 and 551.075, Texas Government Code. NOTE: City Council continued with the Regular City Council meeting in open session in the Council Chambers. 05/02/00 ADJOURNMENT Council Member Spencer, seconded by Council Member Wilbanks, offered a motion to adjourn the meeting at 8:00 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 16th day of May, 2000. APPROVED: Mayor ATTEST: 6C-6-6a-1 Linda"Huff v City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, MAY 2, 2000 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER INVOCATION: Mayor Pro Tem Ted R. Ware PRESENTATIONS 1. Mayor Tate to recognize Mr. Paul Ernst as Grapevine's 1999 Volunteer of the Year. 2. Mayor Tate to present a proclamation to the Grapevine Senior Advisory Council declaring May 2000 Older Americans Month. 3. Mayor Tate to present a proclamation declaring the week of May 14-20, 2000 as National Police Week. CITIZEN COMMENTS NEW BUSINESS 4. Consider award of the steel erection contract for the Palace Theatre Reconstruction Project and the addition of the Add/Alternate Terrace and take any necessary action. 5. Consider Change Order No. 1 for the Palace Theatre Reconstruction Project 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. 6. Consider a Developer Contract with Grapevine Monticello, LTD. for the construction of Phase I Heritage Avenue, south of Ira E. Woods Avenue to DFW Property Boundary; authorizing City participation in the project's cost and authorizing Staff to execute said Developer Contract. Public Works Director recommends approval. 7. Consider award of materials testing contract for the Grapevine Public Library Improvements to HBC Engineering, Inc. and authorization staff to execute said contract. Public Works Director recommends approval. 8. Consider award of an engineering services contract to Montgomery Watson Inc., for design of an odor control system for the Hilton Lift Station and authorize the City Manager as signatory. Public Works Director recommends approval. 9. Consider award of an engineering services design contract to Carter Burgess, Inc. for engineering design services on the Opryland Lift Station, Force Main and Trunk Line Project and authorization for the City Staff to execute said contract. Public Works Director recommends approval. 10. Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 23 Traffic by the addition of a new Section 23-36 to impose street closures and one- way traffic control during certain City festivals. Public Works Director recommends approval. 11. Consider award of a contract to Reynolds Asphalt & Construction Company for the repairs, rehabilitation and improvements to the Elliotts Hardware parking lot and authorization for staff to execute said contract. Public Works Director recommends approval. 12. Consider award of a construction contract to McClendon Construction Co. Inc., for paving improvements on Heritage Avenue and authorization for staff to execute said contract. Public Works Director recommends approval. 13. Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 7 Building and Construction, Section 7-3 Amendments, as amended, by requiring all hotels and motels regardless of height to meet the fire safety and building standards of the City's Code. Fire Chief recommends approval. 14. Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 7 Building and Construction, Section 7, Article I relative to the 1994 Uniform Building Code, as amended, and Chapter 12 Health and Sanitation, Article II Nuisances relative to building permits. Development Services Director recommends approval. 15. Consider a resolution authorizing participation with the Standing Steering Committee of Cities Served by TXU Electric and authorizing intervention in TXU Electric Company's Transmission and Distribution Rate Case. Staff recommends approval. 16. Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 16 ..;,, Parks and Recreation, Article I by the addition of a new Section 16-15 relative to prohibiting above ground utilities in any City park. Parks & Recreation Director recommends approval. 17. Consider the minutes of the April 18, 2000 City Council meetings. City Secretary recommends approval as published. PURSUANT TO THE TEXAS OPEN MEETINGS ACT, 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. 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 28TH DAY OF APRIL, 2000 AT 5.00 P.M. Lindi Huff City Secretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Regular Session on this the 2nd day of May, 2000 at 7:30 p.m. in the City Council Chambers, 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 C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member 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 7:45 p.m. INVOCATION Mayor Pro Tem Ware delivered the Invocation. ITEM 1. PRESENTATION, 1999 VOLUNTEER OF THE YEAR Mayor Tate recognized Mr. Paul Ernst as Grapevine's 1999 Volunteer of the Year for the many hours Mr. Ernst volunteers as an instructor for the Senior Center's 55 Alive defensive driving class, as an annual income tax preparer, Curator of the Grapevine Historical Museum, President of Grapevine Historical Society, museum docent, Officer of the Grapevine Garden Club, church volunteer, officer of his walking club and volunteers for all City festivals. Whether he is logging donations, arranging displays, greeting people from around the world, pruning the Heritage Garden, or preparing taxes, Mr. Ernst is willing to share community pride and heritage. Through his leadership and commitment, the history and legacy of Grapevine will be preserved for future generations to learn and enjoy. 05/02/00 ITEM 2. PRESENTATION, PROCLAMATION, OLDER AMERICANS MONTH omw Mayor Tate presented a proclamation declaring the month of May as Older Americans Month. Dr. Edith Pewitt, Chairman of the Grapevine Senior Advisory Council, accepted the proclamation on behalf of the Senior Advisory Council and expressed appreciation to the City Council for the newly remodeled Senior Activity Center. ITEM 3. PRESENTATION, PROCLAMATION, NATIONAL POLICE WEEK Mayor Tate presented a proclamation to Police Chief Dale Wilkins and Deputy Police Chief Eddie Salame declaring the week of May 14-20, 2000 as National Police Week and ordering all flags to be flown at half-staff on May 15, 2000 on National Peace Officers' Memorial Day. ITEM 4. AWARD CONTRACT, STEEL ERECTION AND ADD/ALTERNATE TERRACE, PALACE THEATRE RECONSTRUCTION PROJECT Development Services Director H. T. Hardy requested award of the steel erection contract to Vector in the amount of $31,800.00 for the Palace Theatre and the addition of the Add/Alternate Terrace to the Palace Theatre Reconstruction Project. Council Member Johnson, seconded by Mayor Pro Tem Ware, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 5. CHANGE ORDER NO. 1 PALACE THEATRE PROJECT Development Services Director Hardy requested approval of Change Order No. 1 to the Palace Theatre Reconstruction Project in the amount of $71,536.00. The change order represents areas of structural alterations throughout the Palace Theatre, the Lancaster Heritage Theatre, as well as the area known as the Ski Shop. Motion by Council Member Wilbanks, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None CONSENT AGENDA The next order of business for the City Council to consider was 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 2 05/02/00 wished to remove an item from the consent agenda for full discussion. There were none. Item 6. Developer Contract, Grapevine Monticello, LTD., Phase I Heritage Avenue Paving Extension Public Works Director recommended approval of a Developer Contract with Grapevine Monticello, LTD. for the construction of Phase I Heritage Avenue, south of Ira E. Woods Avenue to DFW Property Boundary; authorizing City participation in the project's cost in an estimated amount of$49,008.00 and authorization for Staff to execute said Developer Contract. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 7. Award Materials Testing Contract Grapevine Public Library, HBC Engineering, Inc. Public Works Director recommended award of a materials testing contract for the Grapevine Public Library Improvements to HBC Engineering, Inc. in the amount of $17,860.00 and authorization for staff to execute said contract. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 8. Engineering Services Design Contract, Montgomery Watson Inc., Hilton Lift Station Public Works Director recommended award of an engineering services design contract to Montgomery Watson Inc., for design of an odor control system for the Hilton Lift Station in an amount not to exceed $29,000.00 and authorization of the City Manager as signatory. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None 3 05/02/00 Item 9. Award Engineering Services Design Contract, Carter Burgess, Inc., 0"00 Opryland Lift Station Public Works Director recommended award of a contract to Carter Burgess, Inc. for engineering design services on the Opryland Lift Station, Force Main and Trunk Line Project in an amount not to exceed $64,200.00 and authorization for the City Staff to execute said contract. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 10. Ordinance, Amend Chapter 23 Traffic Public Works Director recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 23 Traffic by the addition of a new Section 23-36 to impose street closures and one-way traffic control during certain City festivals. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2000-48 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES, CHAPTER 23 TRAFFIC BY THE ADDITION OF A NEW SECTION 23-36, RELATIVE TO FESTIVAL STREET CLOSURES AND ONE-WAY TRAFFIC CONTROL; PROVIDING FOR THE DAYS IN EFFECT, PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Item 11. Award Construction Contract, Reynolds Asphalt & construction Company, Northwest Highway Project (Elliott's Hardware) Consider award of a contract to Reynolds Asphalt & Construction Company for the repairs, rehabilitation and improvements related to the Northwest Highway Project (to the Elliott's Hardware parking lot) in the amount of $108,535.50 and authorization for staff to execute said contract. 4 05/02/00 Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 12. Award Construction Contract, Heritage Avenue Paving Improvements McClendon Construction Co.. Inc. Public Works Director recommended award of a construction contract to McClendon Construction Co. Inc., for paving improvements on Heritage Avenue in the amount of $128,658.00 and authorization for staff to execute said contract. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 13. Ordinance, Amend Chapter 7 Building and Construction Development Services Director recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 7 Building and Construction, Section 7-3 Amendments, as amended, by requiring all hotels and motels regardless of height to meet the fire safety and building standards of the City's Code. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2000-49 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE CODE OF ORDINANCES, CHAPTER 7 BUILDING AND CONSTRUCTION, SECTION 7-3 RELATIVE TO THE 1994 UNIFORM BUILDING CODE, AS AMENDED, REPEALING CONFLICTING ORDINANCES, PROVIDING A PENALTY, NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH SEPARATE OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A SEVERABILITY CLAUSE, DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE 5 05/02/00 ON$* Item 14 Ordinance Amend Chapter 7 Buildinq and Construction and Chapter 12 Health and Sanitation 9* Development Services Director recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 7 Building and Construction, Section 7, Article I relative to the 1994 Uniform Building Code, as amended, and Chapter 12 Health and Sanitation, Article II Nuisances relative to building permits. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote.- Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO.2000-50 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES CHAPTER 7 BUILDING AND CONSTRUCTION, ARTICLE I, SECTION 7-3 RELATIVE TO THE 1994 UNIFORM BUILDING CODE PROVIDING AMENDMENTS TO SAME; CHAPTER 12 HEALTH AND SANITATION, ARTICLE II, NUISANCES, SECTION 12-21 SPECIFIC NUISANCES; REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; 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 15 Resolution Authorize Participation with Standinq Steering Committee of Cities Served by TXU Electric Staff recommended approval of a resolution authorizing participation with the Standing Steering Committee of Cities Served by TXU Electric and authorizing intervention in TXU Electric Company's Transmission and Distribution Rate Case. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None 6 05/02/00 RESOLUTION NO. 2000-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AUTHORIZING INTERVENTION BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE IN TXU ELECTRIC COMPANY'S TRANSMISSION AND DISTRIBUTION RATE CASE; AUTHORIZING PARTICIPATION WITH THE STANDING STEERING COMMITTEE OF CITIES SERVED BY TXU ELECTRIC; AUTHORIZING THE HIRING OF RATE CASE ATTORNEYS AND CONSULTANTS THROUGH THE STANDING STEERING COMMITTEE; AND AUTHORIZING THE PAYMENT OF 10 CENTS PER CAPITA TO THE STANDING STEERING COMMITTEE TO FUND THIS AND OTHER TXU ELECTRIC AND SB 7 RELATED CASES AND DOCKETS AND PROVIDING AN EFFECTIVE DATE Item 16. Ordinance, Amend Chapter 16 Parks and Recreation Parks & Recreation Director recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 16 Parks and Recreation, Article I by the addition of a new Section 16-15 relative to prohibiting above ground utilities in any City park by public and private utility vendors. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2000-51 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE CITY CODE BY ADDING A NEW SECTION 16-15 PARKS & RECREATION, ADDING A PROVISION PROHIBITING ABOVE-GROUND UTILITIES IN ANY CITY PARKS; PROVIDING AN APPEAL; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Item 17. Consideration of Minutes City Secretary recommended approval of the minutes of the April 18, 2000 City Council meetings as published. 7 05/02/00 Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ADJOURNMENT Council Member Spencer, seconded by Council Member Wilbanks, offered a motion to adjourn the meeting at 8:00 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 16th day of May, 2000. APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary 8 ITEM it - ---�� . MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER MEETING DATE: MAY 2, 2000 J O SUBJECT: AMENDMENTS TO GRAPEVINE CODE OF ORDINANCES, CHAPTER 7 BUILDINGS AND CONSTRUCTION, ARTICLE I, SECTION 7-3 AMENDMENTS AND CHAPTER 12, HEALTH AND SANITATION, ARTICLE II, NUISANCES, SECTION 12.21 SPECIFIC NUISANCES, REPEALING CONFLICTING ORDINANCES. RECOMMENDATION: Staff recommends City Council consider an ordinance amending Chapter 7, Buildings and Construction, Article I, Section 7-3, Amendments and Chapter 12, Health and Sanitation Article II Nuisances, Section 12-21. BACKGROUND: Over the years, the Building Department has encountered many projects which have been started but never completed, or which were not completed in a reasonable length of time. These projects often become eyesores, and generate complaints from the community. As written, the building code does not provide adequate provisions for ensuring that projects proceed at an acceptable pace, and are completed. These ordinance changes allow greater enforcement capability for the Building Inspection Department regarding projects which are allowed to expire. Additionally, these changes add specific wording to the Building Code regarding sign and accessory building permits. Lastly, the Building Code has been amended to eliminate a long standing code provision allowing waterproof asphalt rag felt paper as an approved weather resistive barrier. Following are details on the specific changes: Sec. 106.1 Permits Required While it has always been interpreted that sign structures are regulated by the Building Code, no reference is made to them. This change will clear up any doubt. Memo.050200 April 27, 2000 (10:36AM) Sec. 106.2 Work Exempt from Permit It is important for all fences to be permitted to verify zoning requirements. The Building Code currently exempts accessory buildings less than 120 square feet in roof area from permit requirements. This would not allow staff the opportunity to verify zoning requirements. This change will require a permit, but exempt the applicant from fees. This will also exempt sign permits and fees, which are exempt in the zoning ordinance. Sec. 106.4 Permit Issuance The Building Code currently provides for permit expiration if work is suspended or abandoned for a period of 180 days. Furthermore, it allows a new permit to be obtained within one year after suspension or abandonment for one-half the original permit fee. After this time period, a new permit may be obtained for full permit fees. It is clear that under these provisions a project could sit abandoned indefinitely. The code does not define what constitutes "suspension or abandonment', nor does it provide for any enforcement procedures for permits which have expired. These changes link suspension or abandonment to inspection requests. This will allow the Building Department to verify work progress. The changes also give the applicant only 30 days to renew an expired permit, after which the project will be deemed a nuisance. Lastly, the changes allow an expired permit to be renewed only once. Sec. 1401.1 Applicability For years the Building Code has allowed kraft waterproof building paper or asphalt saturated rag felt (tarpaper) to serve as the only form of wall weather protection if properly installed. This change will require some other type of building code-approved siding to be placed over the paper. Sec. 12-21 Specific Nuisances These changes enumerate nuisances for projects which are started without a permit, and for projects with expired permits. This will allow the Building Department to prosecute permit applicants who allow projects to remain unfinished. SW/sh Memo.050200 April 27, 2000(10:36AM) 106.1 Permits Required; is hereby amended as follows: 106.1 Permits Required. Except as specified in Section 106.2 of this section, no building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the building official. Signs are expressly regulated by this code O:tswlsec106.1 417100 Section 106.2. Work exempt from permit is hereby amended as follows: 106.2 Work Exempt from Permit. 1. One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, p�^ �^ + +�^ + + r a Yr^J with a roof area not exceeding 120 square feet must be permitted but are exempt from fees. 2. Fences not over 6 feet (1829 mm) high. 3. Oil derricks. 4. Movable cases, counters and partitions not over 5 feet 9 inches (1753mm) high. 5. Retaining walls which are not over 4 feet (1219mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids. 6. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18 927 L) and the ratio of height to diameter or width does not exceed 2 to 1. 7. Platforms, walks and driveways not more than 30 inches (762 mm) above grade and not over any basement or story below. 8. Painting, papering and similar finish work. 9. Temporary motion picture, television and theater stage sets and scenery. 10.Window awnings supported by an exterior wall of Group R, Division 3, and Group U Occupancies when projecting not more than 54 inches (1372 mm). 11.Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed 5,000 gallons (18 927 Q. 12.Signs which are exempt from permit requirements by the Grapevine Zoning Ordinance. Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above-exempted items. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. OASWA 06.2 anion Section 106.4 is hereby amended as follows: Section 106.4 Permit Issuance. 106.4.4. Expiration. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days or if any inspection is requested at a greater interval than 180 days following the previous inspection. Failure to obtain a final inspection within 180 days following the previous inspection will result in the expiration of the permit. Before such work can be recommenced, and/or inspections requested a new permit shall be first obtained to do so, and the fee therefor shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. The building official shall have the sole discretion to extend permits for proiects of an unusually large scope Any permit which has expired for a period of more than 30 days shall be declared a nuisance in accordance with Article II of the Grapevine Code of Ordinances Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended than once. 0Aswlsec106.4.4 4/7/00 When structural observation is required by Section 1702, the inspection program shall name the ndividuals or firms who are to perform structural observation and describe the stages of construc- tion at which structural observation is to occur. The inspection program shall include samples of inspection reports and provide time limits for submission of reports. 106.4 Permits Issuance. t06.4.1 Issuance. The application,plans,specifications,computations and other data filed by an applicant for a permit shall be reviewed by the building official. Such plans may be reviewed by other departments of this jurisdiction to verify compliance with any applicable laws under theirju- risdiction. If the building official finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this code and other pertinent laws and ordinances, and that the fees specified in Section 107 have been paid, the building official shall issue a permit therefor to the applicant. When the building official issues the permit where plans are required, the building official shall endorse in writing or stamp the plans and specifications APPROVED. Such approved plans and specifications shall not be changed, modified or altered without authorizations from the building official, and all work regulated by this code shall be done in accordance with the approved plans. The building official may issue a permit for the construction of part of a building or structure be- fore the entire plans and specifications for the whole building or structure have been submitted or approved,provided adequate information and detailed statements have been filed complying with all pertinent requirements of this code. The holder of a partial permit shall proceed without assur- ance that the permit for the entire building or structure will be granted. 106.4.2 Retention of plans. One set of approved plans, specifications and computations shall be retained by the building official for a period of not less than 90 days from date of completion of the work covered therein; and one set of approved plans and specifications shall be returned to the applicant, and said set shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress. 106.4.3 Validity of permit. The issuance or granting of a permit or approval of plans, specifica- tions and computations shall not be construed to be a permit for,or an approval of,any violation of any of the provisions of this code or of any other ordinance of the jurisdiction.Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on plans,specifications and other data shall not prevent the build- ing official from thereafter requiring the correction of errors in said plans, specifications and other data, or from preventing building operations being carried on thereunder when in violation of this code or of any other ordinances of this jurisdiction. 106.4.4 Expiration. Every permit issued by the building official under the provisions of this code ) shall expire by limitation and become null and void if the building or work authorized by such per- mit is not commenced within 180 days from the date of such permit,or if the building or work autho- rized by such permit is suspended or abandoned at any time after the.work is.commenced for a period of 180 days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefor shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work;and provided further that such suspension or abandonment has not exceeded one year.In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the 1-6 4� I-J t ' � �AI � 4 a 1994 UNIFORM BUILDING CODE 106.4.4-107.6 time required by this section for good and satisfactory reasons.The building official may extend the time for action by the permittee for a period not exceeding 180 days on written request by the per- mittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. 106.4.5 Suspension or revocation. The building official may,in writing,suspend or revoke a per- mit issued under the provisions of this code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provi- sions of this code. SECTION 107 — FEES 107.1 General. Fees shall be assessed in accordance with the provisions of this section or shall be as set forth in the fee schedule adopted by the jurisdiction. 107.2 Permit Fees. The fee for each permit shall be asset forth in Table 1-A. The determination of value or valuation under any of the provisions of this code shall be made by the building official. The value to be used in computing the building permit and building plan re- view fees shall be the total value of all construction work for which the permit is issued,as well as all finish work,painting,roofing,electrical,plumbing,heating,air conditioning,elevators,fire-extin- guishing systems and any other permanent equipment. 107.3 Plan Review Fees. When submittal documents are required by Section 106.3.2, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan I review fee shall be 65 percent of the building permit fee as shown in Table 1-A. The plan review fees specified in this subsection are separate fees from the permit fees specified in Section 107.2 and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 106.3.4.2, an additional I plan review fee shall be charged at the rate shown in Table 1-A. 107.4 Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The build- ing official may extend the time for action by the applicant for a period not exceeding 180 days on request by the applicant showing that circumstances beyond the control of the applicant have pre- vented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration,the applicant shall resubmit plans and pay a new plan re- view fee. 107.5 Investigation Fees: Work without a Permit. 107.5.1 Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a per- mit may be issued for such work. 107.5.2 Fee. An investigation fee,in addition to the permit fee,shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the per- mit fee required by this code.The minimum investigation fee shall be the same as the minimum fee set forth in Table I-A.The payment of such investigation fee shall not exempt any person from com- pliance with all other provisions of this code nor from any penalty prescribed by law. 107.6 Fee Refunds. The building official may authorize refunding of any fee paid hereunder Section 1401.1. Applicability, is hereby amended as follows: 1401.1 Applicability. Exterior wall coverings for the building shall provide weather protection for the building at its exterior boundaries. The use of kraft waterproof building paper or asphalt-saturated rag felt is permitted only when covered by a veneer approved by this code O:\sw\sec1401.1 4/7/00