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HomeMy WebLinkAbout1998-07-09 Regular Meeting AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING THURSDAY, JULY 9, 1998 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. Pending or contemplated litigation relative to City of Grapevine v The Southland Corporation under Section 551.071, 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 pending or contemplated litigation and conference with employees under Sections 551.071 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 seq, ACTS OF THE 1993 TEXAS LEGISLATURE, THE SPECIAL CITY COUNCIL MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 2ND DAY OF JULY, 1998 AT 5:00 P.M. 4e4L, 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 9th day of July, 1998 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 C. Shane Wilbanks Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with Council Member Clydene Johnson absent, with the following members of the City Staff: Roger Nelson City Manager Bruno Rumbelow Assistant City Manager Matthew Boyle Assistant City Attorney Linda Huff City Secretary Melisa Leal Assistant to the City Manager CALL TO ORDER Mayor Tate called the meeting to order at 7:07 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 City of Grapevine v The Southland Corporation and (B) conference with City Manager and Staff to receive information relative to economic development prospects under Sections 551.071 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 relative to (B) conference with City Manager and Staff to receive information relative to economic development prospects under Section 551.075, Texas Government Code. Regarding (A) pending or contemplated litigation relative to City of Grapevine v The Southland Corporation, City Manager Nelson requested authorization for payment to The 07/09/98 Southland Corporation of$73,851.00 for purchase of right-of-way on Pool Road. Council Member Stewart, seconded by Mayor Pro Tern Ware, offered a motion to authorize the City Manager to pay The Southland Corporation $73,851.00 for purchase of right-of- way on Pool Road. The motion prevailed by the following vote: Ayes Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays None Absent: Johnson NOTE: City Council continued with the Regular City Council meeting in open session in the Council Chambers. ADJOURNMENT Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 7:55 p.m. The motion prevailed by the following vote: Ayes :. Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays None Absent: Johnson PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 21st day of July , 1998. APPROVED: William-6 ate Mayor ATTEST: Linda Huff City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING WORKSHOP THURSDAY, JULY 9, 1998 AT 6:00 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET DINNER AT 5:30 P.M. CALL TO ORDER 1. Discussion of Lender's Equity Development proposal. 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 2ND DAY OF JULY, 1998 AT 5:00 P.M. Linda Hu 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 Joint Workshop on this the 9th day of July, 1998 at 6:00 p.m. in 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 Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, Council Member Clydene Johnson absent, with the following members of the Planning & Zoning Commission present to wit: Larry Oliver Chairman Chris Coy Vice Chairman Stephen Newby Commissioner L Herbert Fry Commissioner Cathy Martin Commissioner Kevin Busbee Commissioner Danette Murray 1"Alternate Elaine Christy 2nd Alternate constituting a quorum, Commissioner Kathy Martinez and with the following members of the City Staff: Roger Nelson City Manager Bruno Rumbelow Assistant City Manager Matthew Boyle Assistant City Attorney Linda Huff City Secretary Melisa Leal Assistant to the City Manager CALL TO ORDER Mayor Tate called the meeting to order at 6:00 p.m. L 07/09/98 ITEM 1. WORKSHOP, LENDER'S EQUITY DEVELOPMENT Mr. Greg McLane, representing Lender's Equity Development, addressed the City Council regarding a proposed multi-family development at the intersection of Ruth Wall Road and Wildwood Lane and his proposal for rezoning of the property. He noted that the proposed plan has less density per acre than the case that was submitted and withdrawn in April due to the opposition of the surrounding property owners. He stated that Lender's Equity Development had conducted meetings to inform the neighbors of the new proposal that would provide 350 feet of buffer space between the apartment buildings and the single family residences. It was noted that if the property were to be developed as it presently zoned, there would not be the additional buffer between the apartment buildings and the single family homes. Mr. McClane stated that the current zoning proposal would be deed restricted. Mr. Andy Anderson and Mr. Roy Wilshire, representing Lender's Equity Development, addressed the City Council regarding the legal aspects of the zoning and the anticipated traffic issues of the proposed development. The following citizens spoke in opposition to rezoning of the property: 1. Mr. Andrew Quinn, 1145 Butterfield 2. Mr. Duane Neemann, 502 Dunn Court 3. Mr. Ken Macinnes, 1101 Skyline Court 4. Ms. Pam Malhotra, 1410 Tradewind 5. Mr. Mike Gillitzer, 913 Wildwood Circle 6. Mr. Richard Walther, property owner at Ruth Wall Road and Wildwood They expressed concerns and opposition to an increase in density the rezoning would allow, increase in traffic, maintenance of the apartment complexes, increase in lake traffic and whether the increase in number of families would create enough tax base to offset the impact on City services and the school system. There was no action taken by the City Council or the Planning & Zoning Commission as the case has not been filed with the City. ADJOURNMENT Mayor Pro Tern Ware, seconded by Council Member Freed, offered a motion to adjourn the workshop at 7:00 p.m. The motion prevailed by the following vote: Ayes Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays None Absent: Johnson 2 07/09/98 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 21 st day of July , 1998. APPROVED: William D. Tate Mayor ATTEST: J " 4v"/ � Li-nA Huff City Secretary 3 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING THURSDAY, JULY 9, 1998 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER INVOCATION: Council Member Darlene Freed CITIZEN COMMENTS NEW BUSINESS 1. Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 23 to establish No Parking/Tow Away Zones on Worth Street, Smith Street and Franklin Street 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. 2. Consider award of design contract for sewer collection system repairs to Gutierrez, Smouse, Wilmut and Associates, Inc. and authorize Staff to execute said contract. Public Works Director recommends approval. 3. Consider Change Order No. 1 to the Mustang Drive Extension, Phase II Paving & Drainage Project Contract and authorization for Staff to execute said change order. Public Works Director recommends approval. 4. Consider Change Order No. 2 to the Pool Road Reconstruction Project Contract and authorization for Staff to execute said change order. Public Works Director recommends approval. 5. Consider a one year appointment of Ms. Sara McCall as the Grapevine-Colleyville Independent School District student ex-officio member to the Parks & Recreation Advisory Board. Parks & Recreation Advisory Board and Parks & Recreation Director recommend approval. 6. Consider an agreement with the Jay Kelly Family of Grapevine for the Adopt-a-Park Program for the play area at Parr Park. Parks & Recreation Advisory Board and Parks & Recreation Director recommend approval. 7. Consider renewal of First and Second Alternate Municipal Court Judge's contracts with Judge Brad Bradley and Judge Terry Leach. Administrative Services Director recommends approval. 8. Consider renewal of Bid 6674 Automotive Batteries Annual Contract to the lowest and best bidder meeting specifications, Interstate Battery. Staff recommends approval. 9. Consider award of Bid 8107 Heavy Equipment Rental Annual Contract to the lowest and best bidders meeting specifications (per the bid summary) for certain heavy equipment rentals. Public Works Director recommends approval. 10. Consider renewal of Bid 6681 Traffic Signal Maintenance Annual Contract to the lowest and best bidder meeting specifications, Durable Specialties, Inc. Public Works Director recommends approval. 11. Consider a resolution authorizing a waiver of contractor permit fees and Payment In Lieu of Taxes (PILOT) fees to assist the Grapevine Housing Authority with a Comprehensive Improvement Assistance Program (CIAP) grant application for a remodeling project. City Manager recommends approval. 12. Consider the minutes of the June 16 and 23, 1998 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. MISCELLANEOUS REPORTS AND/OR DISCUSSION 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 2ND DAY OF JULY, 1998 AT 5:00 P.M. 0 ex,�- � Lindafiuff 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 9th day of July, 1998 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 Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with Council Member Clydene Johnson absent, with the following members of the City Staff: Roger Nelson City Manager Bruno Rumbelow Assistant City Manager Matthew Boyle Assistant City Attorney Linda Huff City Secretary Melisa Leal Assistant to the City Manager CALL TO ORDER Mayor Tate called the meeting to order at 7:30 p.m. INVOCATION Council Member Freed delivered the Invocation. ITEM 1A. CITIZENS COMMENTS, MR. RON TILLERY Mr. Ron Tillery, 221 East Franklin Street, expressed opposition to the "no parking" zone being removed from the south side of East Franklin Street and requested that the no parking areas remain as adopted six months ago. He requested the City require Esparza's Restaurant to close the gap in the fence on East Franklin Street. ITEM 1 B. CITIZENS COMMENTS, MR. NEAL PATTERSON Mr. Neal Patterson, 215 East Franklin Street, expressed his opposition to removal of the "no parking"zone on the south side of East Franklin Street. He requested the "no parking" areas remain the same as previously adopted. 7/9/98 ITEM 1 C. CITIZENS COMMENTS, MS. PAT BRADLEY Ms. Pat Bradley, 2600 Kimberly, addressed the City Council stating the need for public transportation within the Metroplex for Grapevine residents with disabilities. ITEM 1. ORDINANCE, AMEND CHAPTER 23 TRAFFIC, NO PARKING/TOW AWAY ZONES City Manager Roger Nelson stated the City had established a "no parking" zone for a six month period in the area around Esparza's Restaurant in response to the concerns raised by residents in the surrounding neighborhood affected by the noise, the parking practices and general nuisance of the restaurant patrons. A majority of the residents in the area support extending the ordinance and expressed appreciation for alleviating the trash and noise associated with restaurant patrons returning to their cars late at night. City Manager Nelson reviewed the proposed ordinance with "no parking" zones on the following streets: Worth Street, north side, from the intersection with Smith Street for 350 feet to the east; Worth Street, south side, from the intersection with Smith Street for 148 feet to the east; Smith Street, east and west side, from Franklin Street to Texas Street; and Franklin Street, north side, from the intersection with Smith Street for 274 feet to the west. Discussion ensued as to whether Esparza's restaurant was in compliance with their approved site plan. Development Services Director Hardy reported they were not as they had constructed a four foot fence instead of the approved six foot fence and had left a gap in the fence on East Franklin Street. He noted that the restaurant had not received a certificate of occupancy for the parking lot as they were not in compliance with their approved site plan. Mr. Hardy stated there had been numerous meetings with the owner to resolve the issue of non-compliance and the issue had been forwarded to the City Attorney for action. Council questioned the feasibility of parking permits for residents of the subject area. Assistant City Attorney Matthew Boyle responded there is a viable method for residential parking permits and he would report back to the Council. Deliberation continued with the general consensus of the City Council that Esparza's Restaurant should be brought into compliance with their approved site plan, or legal action should be taken to resolve the non-compliance issues. Mayor Pro Tern Ware, seconded by Council Member Freed, offered a motion to continue with the "no parking"zones for ninety days as previously established by Ordinance No. 97- 141. The motion prevailed by the following vote: Ayes Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays None Absent: Johnson J, 2 7/9/98 ORDINANCE NO. 98-82 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 23 TRAFFIC, SECTION 23-63 RELATIVE TO NO PARKING/TOW-AWAY ZONES, RESTRICTED PARKING ZONES; AUTHORIZING THE ERECTION OF TRAFFIC REGULATION SIGNS; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE 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 wished to remove an item from the consent agenda for full discussion. There were none. Item 2. Award Design Contract, Sewer Collection System Repairs, Guiterrez, Smouse, Wilmut and Associates, inc. Public Works Director recommended award of design contract for sewer collection system repairs to Gutierrez, Smouse, Wilmut and Associates, Inc. in an amount not to exceed $91,800.00 and authorization for Staff to execute said contract. Council Member Stewart, seconded by Council Member Wilbanks, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays None Absent: Johnson Item 3 Change Order No. 1 Mustang Drive Extension, Phase II Paving & Drainage Project Public Works Director recommended approval of Change Order No. 1 to the Mustang Drive Extension, Phase II Paving & Drainage Project Contract in the amount of$12,761.50 and authorization for Staff to execute said change order. 3 7/9/98 Council Member Stewart, seconded by Council Member Wilbanks, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays None Absent: Johnson Item 4. Change Order No. 2 Pool Road Reconstruction Project Public Works Director recommended approval of Change Order No. 2 to the Pool Road Reconstruction Project Contract in the amount of $64,469.18 and authorization for Staff to execute said change order. Council Member Stewart, seconded by Council Member Wilbanks, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays None Absent: Johnson Item 5. Appointment, Parks & Recreation Advisory Board, Grapevine-Colleymille Independent Schooi District Student Ex-Officio Parks & Recreation Advisory Board and Parks & Recreation Director recommended approval of a one year appointment of Ms. Sara McCall as the Grapevine-Colleyville Independent School District student ex-officio member to the Parks & Recreation Advisory Board. Council Member Stewart, seconded by Council Member Wilbanks, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays None Absent: Johnson Item 6. Adopt-A-Park Pro-gram, Jay Kelly Family Parks & Recreation Advisory Board and Parks & Recreation Director recommended approval of an agreement with the Jay Kelly Family of 3031 Parr Lane for the Adopt-a-Park Program for the play area at Parr Park. Council Member Stewart, seconded by Council Member Wilbanks, offered a motion to approve as recommended. The motion prevailed by the following vote: 4 7/9/98 Ayes Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays None Absent: Johnson Item 7. Renew Contracts, First and Second Alternate Municipal Court Judges Administrative Services Director recommended renewal of First and Second Alternate Municipal Court Judge's contracts with Judge Brad Bradley and Judge Terry Leach for one year terms. Council Member Stewart, seconded by Council Member Wilbanks, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays None Absent: Johnson Item 8. Renew Bid 6674 Automotive Batteries Staff recommended approval of renewal of Bid 6674 Automotive Batteries Annual Contract to the lowest and best bidder meeting specifications, Interstate Battery. Council Member Stewart, seconded by Council Member Wilbanks, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays None Absent: Johnson Item 9. Award Bid 8107 Heavy Equipment Rental Annual Contract Staff recommended award of Bid 8107 Heavy Equipment Rental Annual Contract to the lowest and best bidders meeting specifications (per the bid summary) for certain heavy equipment rentals. Council Member Stewart, seconded by Council Member Wilbanks, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays None Absent: Johnson Item 10. Renew Bid 6681 Traffic Signal Maintenance Annual Contract Public Works Director recommended renewal of Bid 6681 Traffic Signal Maintenance 5 7/9/98 Annual Contract to the lowest and best bidder meeting specifications, Durable Specialties, Inc. Council Member Stewart, seconded by Council Member Wilbanks, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays None Absent: Johnson Item 11. Resolution, Grapevine Housing Authority Grant City Manager recommended approval of a resolution authorizing a waiver of contractor permit fees and Payment In Lieu of Taxes (PILOT) fees to assist the Grapevine Housing Authority with a Comprehensive Improvement Assistance Program (CIAP) grant application for a remodeling project. Council Member Stewart, seconded by Council Member Wilbanks, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays None Absent: Johnson RESOLUTION NO.98-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS APPROVING THE WAIVER OF PERMIT FEES AND PAYMENT IN LIEU OF TAXES (PILOT) FEES TO ASSIST THE GRAPEVINE HOUSING AUTHORITY IN ITS APPLICATION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR PARTICIPATION IN THE COMPREHENSIVE IMPROVEMENT ASSISTANCE PROGRAM (CIAP); AND PROVIDING AN EFFECTIVE DATE Item 12. Consideration of Minutes City Secretary recommended approval of the minutes of the June 16 and 23, 1998 City Council meetings as published. Council Member Stewart, seconded by Council Member Wilbanks, offered a motion to approve as recommended. The motion prevailed by the following vote: 6 7J9J98 Ayes Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays None Absent: Johnson ADJOURNMENT Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 7:55 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 21 st day of July , 1998. APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary 7 J