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HomeMy WebLinkAbout2000-01-04 Regular Meeting AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, JANUARY 4, 2000 AT 7:00 P.M. CITY COUNCIL CONFERENCE ROOM, SECOND FLOOR 200 SOUTH MAIN STREET DINNER AT 6:45 P.M. CALL TO ORDER EXECUTIVE SESSION 1. City Council to conduct a closed session relative to: A. Pending or contemplated litigation relative to Park Cities MUD v Cities of Grapevine and Dallas Water Rights Case under Section 551.071, Texas Government Code. B. Real property relative to (1) right-of-way acquisition on Freeport Parkway, (2) property acquisition relative to Cowboys Golf Course and (3) property acquisition relative to the Keeling House under Section 551.072, Texas Government Code. City Council to reconvene in open session and take any necessary action relative to pending or contemplated litigation and real property Sections 551.071 and 551.072, 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 30TH DAY OF DECEMBER, 1999 AT 5:00 P.M. Linda uff 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 4th day of January, 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 7:00 p.m. ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding (A) pending or contemplated litigation relative to Park Cities MUD v Cities of Grapevine and Dallas Water Rights Case and (B) real property relative to (1) right-of-way acquisition on Freeport Parkway, (2) property acquisition relative to Cowboys Golf Course and (3) property acquisition relative to the Keeling House under Sections 551.071 and 551.072 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) pending or contemplated litigation relative to Park Cities MUD v Cities of Grapevine and Dallas Water Rights Case and (B) real property relative to (1) right-of-way acquisition on Freeport Parkway, (2) property acquisition relative to Cowboys Golf Course and (3) property acquisition relative to the Keeling House under Sections 551.071 and 551.072 Texas Government Code. 01/04/2000 NOTE: City Council continued with the Regular City Council meeting in open session in the Council Chambers. Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to adjourn the meeting at 8:50 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 18th day of January, 2000. APPROVED: William D. Tate Mayor , ATTEST: Lind Huff City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, JANUARY 4, 2000 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER INVOCATION: Council Member Roy Stewart CITIZEN COMMENTS FOR POSTED ITEMS REQUEST FOR FUTURE COUNCIL ITEMS PUBLIC HEARING 1. City Council to conduct a public hearing relative to Certificate of Appropriateness Case CA99-37 appeal filed by Mr. Donald Ham for property located at 722 West College Street and take any necessary action. NEW BUSINESS 2. Consider a resolution encouraging the United States Congress to develop a reasonable application of sales tax on Internet purchases and take any necessary action. 3. Consider a resolution supporting funding for the State Highway 114/State Highway 121 Corridor 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. 4. Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 4 Alcoholic Beverages, Section 4-7 Fee Schedule to eliminate fee collection for the Mixed Beverage Late Hours and Caterer's Permits during the first three years of the permits. City Secretary recommends approval. 5. Consider Change Order No. 2 for the Grapevine Municipal Golf Course Cart Barn Construction Project and authorization for Staff to execute said change order. Public Works Director recommends approval. 6. Consider award of a construction contract for Dove Road Extension Paving and Drainage Improvement Project in conjunction with the development of Wildwood Creek Apartments to J. L. Bertram Construction and Engineering, Inc. and authorization for Staff to execute said contract. Public Works Director recommends approval. 7. Consider authorization of a contract amendment to increase the engineering service agreement with Freese and Nichols Inc. for water rights litigation and authorization for the City Manager to execute said amendment. Public Works Director recommends approval. 8. Consider a Developer Contract with Fairfield Wildwood Creek L.P. for the Dove Road Extension and Sanitary Sewer System Projects; authorization for the City's participation in the cost of the two projects and authorization for Staff to execute said developer contract. Public Works Director recommends approval. 9. Consider a resolution allowing for the City of Grapevine to participate in the Steering Committee for the TXU Lone Star Pipeline Rate Case. Staff recommends approval. 10. Consider a resolution to allow for a Texas Natural Resource Conservation Commission air monitoring station on City leased property. Staff recommends approval. 11. Consider the minutes of the December 21, 1999 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 30TH DAY OF DECEMBER, 1999 AT 5:00 P.M. Air Lind- uff _ 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 4th day of January, 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 Tern 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 7:55 p.m. INVOCATION Council Member Stewart delivered the Invocation. ITEM 1A. CITIZENS COMMENTS FOR POSTED ITEMS, MR. BRUCE RIDER Mr. Bruce Rider, 325 West Worth Street, expressed his concerns and opposition to the City's proposed resolution encouraging the United States Congress to develop sales taxes for Internet purchases. ITEM 1. PUBLIC HEARING, CERTIFICATE OF APPROPRIATENESS CA99-37, APPEAL, MR. DONALD HAM Township Restoration Coordinator Hugo Gardea reported that Certificate of Appropriateness CA99-37 had been filed by Mr. Donald Ham to install vinyl siding over *14.* existing wood siding and decorative trim on a residence located at 722 West College 01/04/2000 Street. Mr. Gardea stated the Historic Preservation Commission denied CA99-37 at its wow November 17, 1999 meeting as vinyl siding is not permitted in the College Street Historic District. He reviewed the architectural features of the residence which include a low pitched cross gabled roof with wide overhanging eaves and brackets, exposed rafter tails, battered wood columns and brick piers, as well as the porte-cochere on the east side of the house. He noted that as part of the installation of the siding, which is approximately 75% complete, the original wood brackets providing support for the overhanging eaves have been removed and some of the exposed soffits and rafter tails have been covered. Mr. Gardea reported Staff placed a stop work order on the project as soon as it was discovered. Mr. Gardea stated that Mr. Ham had filed an appeal of the Commission's decision to the City Council under Appendix G of the City's Code of Ordinances. He noted Staff's recommendation for denial of the appeal. Mr. John Bankston and Mr. Brett Calloway, representing Sears Siding and Windows, addressed the City Council stating their employees had checked with City Staff regarding obtaining a building permit for the installation of vinyl siding and were informed no building permit was required. They both expressed their willingness to work with the City to resolve the issue and to complete the installation of the siding for their customer. Mayor Tate invited guests present to comment regarding the certificate of appropriateness. Mr. Harlan Jewett, 721 West College Street, expressed his support for the installation of the vinyl siding noting the improvement to the residence. Council Member Spencer, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Council deliberation ensued relative to the City's preservation efforts of historic homes through establishment of the College Street Historic District. It was noted the program was established to enhance property values in the district and the entire district could be affected if the integrity of the program is not upheld by the Council. During discussion, Development Services Director Hardy stated that City Staff would be very clear in identifying historic districts, as well as what is allowed in the district and permits required for any improvements in the historic district. It was noted that Mr. Ham could have applied for a City grant for improvements to his home but that he opted not to make the application. Council Member Spencer, seconded by Mayor Pro Tern Ware, offered a motion to uphold the decision of the Historic Preservation Commission for denial of the certificate of appropriateness. The motion prevailed by the following vote: 2 01/04/2000 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: Freed ITEM 2. RESOLUTION, SUPPORTING REASONABLE APPLICATION OF SALES TAX ON INTERNET PURCHASES City Manager Nelson recommended approval of a resolution encouraging the United States Congress to develop a reasonable application of sales tax on Internet purchases and services. This would ensure equitable treatment of retailers physically located in Grapevine and preservation of the local tax base needed to deliver basic and expected government services. He stated that in 1998, the Congress passed the Internet Tax Freedom Act, which put a three year moratorium on any new taxes for Internet transactions and established a national commission to make recommendations on the taxing structure, if any, for electronic commerce. He noted the possibility of the Internet Tax Freedom Act of 1998 becoming a permanent fixture in the country's tax code and could result in a 20% decrease in sales tax revenues by the year 2003. He noted this would not be a new tax, but preservation of what the City currently has. Mayor Pro Tem Ware, seconded by Council Member Freed, offered a motion to adopt the resolution as presented. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2000-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, SUPPORTING THE REASONABLE APPLICATION OF SALES TAX ON APPLICABLE PRODUCTS AND SERVICES PURCHASED THROUGH ELECTRONIC COMMERCE, TO ENSURE EQUITABLE TREATMENT OF RETAILERS PHYSICALLY LOCATED IN GRAPEVINE AND PRESERVATION OF THE LOCAL TAX BASE NEEDED TO DELIVER BASIC AND EXPECTED GOVERNMENT SERVICES; AND PROVIDING AN EFFECTIVE DATE ITEM 3. RESOLUTION, SUPPORTING FUNDING FOR STATE HIGHWAYS 114/121 CORRIDOR PROJECT Public Works Director Jerry Hodge recommended approval of a resolution urging the Texas Transportation Commission to fund the State Highway 114/State Highway 121 Corridor Project. He noted that all cities in the State Highways 114/121 corridor have been requested by the Metroport Transportation Partnership to adopt the resolution supporting the funding of the project. 3 01/04/2000 Council Member Stewart, seconded by Council Member Johnson, offered a motion to adopt the resolution as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2000-02 A RESOLUTION OF THE CITY OF GRAPEVINE, TEXAS, IDENTIFYING THE STATE HIGHWAY 114 AND STATE HIGHWAY 121 CORRIDOR (THE FUNNEL) AS A PROJECT OF STATE AND NATIONAL SIGNIFICANCE, AND REQUESTING THAT THE TEXAS TRANSPORTATION COMMISSION DIRECT STAFF TO DEVELOP A MULTI-YEAR PHASING AND FUNDING PROGRAM AND TO IDENTIFY FUNDS IN FUTURE UNIFIED TRANSPORTATION PLANS TO FACILITATE THE EXPRESS / MANAGED ALTERNATIVE IMPROVEMENT; AND PROVIDING AN EFFECTIVE DATE 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 ppm 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 4. Ordinance, Amend Chapter Alcoholic Beverages, Fees City Secretary recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 4 Alcoholic Beverages, Section 4-7 Fee Schedule to eliminate fee collection for the Mixed Beverage Late Hours and Caterer's Permits during the first three years of the permits. Motion by Council Member Johnson, 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. 2000-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES, CHAPTER 4, ALCOHOLIC BEVERAGES, SECTION 4-7, FEES-SCHEDULE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS 4 01/04/2000 ($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 5. Change Order No. 2. Grapevine Municipal Golf Course Cart Barn Public Works Director recommended approval of Change Order No. 2 for the Grapevine Municipal Golf Course Cart Barn Construction Project in the amount of$104,805.00 and authorization for Staff to execute said change order. Motion by Council Member Johnson, 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 6. Award Contract, Dove Road Extension Paving and Drainage Improvement Project Public Works Director recommended award of a construction contract for Dove Road Extension Paving and Drainage Improvement Project in conjunction with the development of Wildwood Creek Apartments to J. L. Bertram Construction and Engineering, Inc. in the amount of$607,068.11 and authorization for Staff to execute said contract. Motion by Council Member Johnson, 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.Contract Amendment, Water Rights Engineering Services, Freese and Nichols Inc. Public Works Director recommended approval of a contract amendment to increase the engineering service agreement with Freese and Nichols Inc. for water rights litigation in the amount of $50,000.00 and authorization for the City Manager to execute said amendment. Motion by Council Member Johnson, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None 5 01/04/2000 Item 8. Developer Contract, Dove Road Extension and Sanitary Sewer System Proiects Public Works Director recommended approval of a Developer Contract with Fairfield Wildwood Creek L.P. for the construction of the Dove Road Extension Project between Boyd Drive and Ruth Wall Street in an estimated amount of$240,708.97; construction of the sanitary sewer trunk line, the Opryland lift station and a force main in an estimated amount of $43,533.00; authorization for the City's participation in the cost of the two projects and authorization for Staff to execute said developer contract. Motion by Council Member Johnson, 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 9. Resolution, Authorization for Participation in TXU Lone Star Pipeline Rate Case Staff recommended approval of a resolution authorizing the City Manager to participate in the steering committee of cities served by TXU Lone Star Pipeline for intervention in GUD NO. 8976, the application to the Railroad Commission to increase the City gate rate. Motion by Council Member Johnson, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2000-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AUTHORIZING INTERVENTION IN GUD NO. 8976, TXU LONE STAR PIPELINE'S APPLICATION TO THE RAILROAD COMMISSION TO INCREASE ITS CITY GATE RATE; FURTHER AUTHORIZING PARTICIPATION WITH THE STEERING COMMITTEE OF CITIES SERVED BY LONE STAR IN PROCEEDING BEFORE THE RAILROAD COMMISSION OR SUBSEQUENT APPEALS; REQUIRING RATE CASE EXPENSE REIMBURSEMENT OF REASONABLE COSTS INCURRED BY THE STEERING COMMITTEE FOR ATTORNEYS, CONSULTANTS AND WITNESSES AND OTHER ASSOCIATED COSTS; AND pow PROVIDING AN EFFECTIVE DATE 6 01/04/2000 Item 10. Resolution, Allowing Texas Natural Resource Conservation Commission Air Monitoring Station Staff recommended approval of a resolution to allow for a Texas Natural Resource Conservation Commission air monitoring station on City leased property in northeast Grapevine (north of the Lake Grapevine emergency spillway on the east side of Fairway Drive adjacent to Rockledge Park). Motion by Council Member Johnson, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2000-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, APPROVING THE AIR MONITORING SITE AGREEMENT REQUESTED BY THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION TO LOCATE AN AIR MONITORING FACILITY ON CITY LEASED PROPERTY FROM THE UNITED STATES CORPS OF ENGINEERS TO ASSIST IN GATHERING INFORMATION RELATIVE TO AIR QUALITY; AND PROVIDING AN EFFECTIVE DATE. Item 11. Consideration of Minutes City Secretary recommended approval of the minutes of the December 21, 1999 City Council meetings as published. Motion by Council Member Johnson, 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 Wilbanks, seconded by Council Member Johnson, offered a motion to adjourn the meeting at 8:50 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None 7 01/04/2000 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 18th day of January, 2000. APPROVED: William D. Tate Mayor ATTEST: ' 1� Lind Huff City Secretary wow POW 8