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HomeMy WebLinkAboutItem 08 - MinutesITEM # q . - NOUN. STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 18th day of January, 2005 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 Ted R. Ware C. Shane Wilbanks Sharron Spencer Clydene Johnson Roy Stewart Darlene Freed Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member 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 Jennifer Hibbs Assistant to the City Manager CALL TO ORDER Mayor Tate called the workshop to order at 6:45 p.m. ITEM 1. DISCUSS PROPOSED GRAPEVINE GUIDE SIGN PROGRAM Convention & Visitors Bureau Director P. W. McCallum and Traffic Engineer Ramana Chinnakotla presented the proposed Grapevine Guide Sign Program that includes entry monument signs, auto directional signs on major highways, public parking signage, downtown pedestrian directional signs, down pedestrian maps, as well as the preliminary cost estimate. Following discussion, it was the consensus of the Council for Staff to proceed with the various components for development of the Guide Sign Program. There was no formal action taken by the City Council. ADJOURNMENT Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the workshop at 7:30 p.m. The motion prevailed by the following vote: 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 18th day of January, 2005 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 Ted R. Ware C. Shane Wilbanks Sharron Spencer Clydene Johnson Roy Stewart Darlene Freed Mayor Mayor Pro Tern Council Member Council Member Council Member Council Member 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 CALL TO ORDER Mayor Tate called the meeting to order at 7:55 p.m. ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding: (A) relative to (1) Scribner Street and (2) right-of-way acquisition of parcels at Business 114 L pursuant to Section 551.072, Texas Government Code; and (B) conference with City Manager and Staff to discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate and expand in the City; with which businesses the City is conducting economic development negotiations pursuant to Section 551.087, Texas Government Code. 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 the closed session under Section 551.087, Texas Government Code. Regarding real property, City Manager Nelson requested approval of taking resolutions authorizing the necessary steps relative to the acquisition of right-of-way of Parcels 2 and 01/18/05 4 required for the widening of Business 114 L at the appraised values. Mayor Pro Tem Ware, seconded by Council Member Spencer, offered a motion to approve the resolutions as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Spencer, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2005-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DETERMINING THE NECESSITY OF ACQUIRING FEE SIMPLE TITLE AND EASEMENTS UNDER, OVER AND ACROSS THE HEREINAFTER DESCRIBED LAND, AND AUTHORIZING ITS CONDEMNATION AND/OR APPROPRIATION TO BE USED IN CONNECTION WITH THE RECONSTRUCTION OF BUSINESS 114 L; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE RESOLUTION NO. 2005-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DETERMINING THE NECESSITY OF ACQUIRING FEE SIMPLE TITLE AND EASEMENTS UNDER, OVER AND ACROSS THE HEREINAFTER DESCRIBED LAND, AND AUTHORIZING ITS CONDEMNATION AND/OR APPROPRIATION TO BE USED IN CONNECTION WITH THE RECONSTRUCTION OF BUSINESS 114 L; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Regarding real property, City Manager Nelson requested authorization for the acquisition of right-of-way of Parcels 3, 6 and 8 required for the widening of Business 114 L at appraised values as agreed to by the respective property owners. Council Member Johnson, seconded by Council Member Freed, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Spencer, Johnson, Stewart & Freed Nays: None 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 8:55 p.m. The motion prevailed by the following vote: 2 01/18/05 Ayes: Tate, Ware, Wilbanks, Spencer, Johnson, Stewart & Freed Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 1st day of February, 2005. ATTEST: Linda Huff City Secretary 3 FAVO William D. Tate Mayor STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council and the Planning & Zoning Commission of the City of Grapevine, Texas met in Regular Joint Session on this the 18th day of January, 2005 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 Ted R. Ware Sharron Spencer C. Shane Wilbanks Clydene Johnson Roy Stewart Darlene Freed Mayor Mayor Pro Tern Council Member Council Member Council Member Council Member Council Member constituting a quorum, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Chris Coy Member Betty "BJ" Wilson Member Rob Undersander Member Becky St. John Member Paul Jennings Alternate Mark Lowery Alternate constituting a quorum, with Vice Chairman Herb Fry and Commissioner Danette Murray 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 Jennifer Hibbs Assistant to the City Manager fflzlm�•� • Mayor Tate called the meeting to order at 7:35 p.m. INVOCATION Commissioner Coy delivered the Invocation. ITEM 1. PRESENTATION, KEEP GRAPEVINE BEAUTIFUL RECOGNITION Mayor Tate presented the Keep America Beautiful President's Circle Award to the Board of Keep Grapevine Beautiful. The President's Circle Award was introduced this year to recognize exemplary effort made by affiliates of Keep America Beautiful to reduce litter, minimize waste and beautify and improve their local communities. Keep Grapevine Beautiful is represented among the best in promoting the values that Keep America Beautiful promotes nationally. ITEM 2. PUBLIC HEARING, ZONING APPLICATION Z04-16 CITY OF GRAPEVINE Mayor Tate declared the public hearing open. Planner Ron Stombaugh reported Zoning Application Z04-16 had been filed by the City of Grapevine requesting rezoning of approximately 41.235 acres located at 901 East Northwest Highway from "PID" Planned Industrial Development District to "CC" Community Commercial District Regulations. The property is being rezoned for future development. 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. City Secretary Huff reported the Council and Commission had been copied the one letter of concern. Commissioner Wilson, seconded by Commissioner St. John, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Wilson, Undersander, St. John, Lowery & Jennings Nays: None Absent: Fry & Murray Council Member Johnson, seconded by Council Member Spencer, 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 ITEM 3 PUBLIC HEARING, CONDITIONAL USE APPLICATION CU04-42 GRAPEVINE GOLF CARTS Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU04-42 had been filed by Grapevine Golf Carts requesting a conditional use permit for new and used golf/utility cart sales and service with outside display and outside storage on property located at 1380 West Northwest Highway. The subject property is zoned "HC" Highway Commercial District. Mr. Stombaugh advised the existing 3,600 square foot structure would be utilized and there would be screened outside storage at the rear of the property. o►: 01/18/05 Mr. Jason Richardson requested favorable consideration of the application. There were questions regarding the turning radius on the property, if there would be any backing of vehicles onto Northwest Highway and what were the proposed outside display plans. Mr. Richardson stated there is adequate turning radius on the property and there would be outside display of carts on both sides of the drive. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and City Secretary Huff reported the Council and Commission had been copied the one letter of approval. Commissioner Coy, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Wilson, Undersander, St. John, Lowery & Jennings Nays: None Absent: Fry & Murray Council Member Stewart, 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 ITEM 4. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU04-43 CHICKEN EXPRESS Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU04-43 had been filed by Chicken Express requesting a conditional use permit for a restaurant with drive-through and drive-in service on property located at 828 East Northwest Highway. The subject property is zoned "HC" Highway Commercial District. The proposed 2,793 square foot restaurant will have a combination indoor and outdoor seating for 51 patrons. The drive access to Wall Street will be closed to through traffic and a monument sign is proposed along Northwest Highway. Mr. Tommy Tate 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 one letter of protest copied to the City Council. Commissioner Jennings, seconded by Commissioner St. John, offered a motion to close the public hearing. The motion prevailed by the following vote: 3 01/18/05 Ayes: Oliver, Coy, Wilson, Undersander, St. John, Lowery & Jennings Nays: None Absent: Fry & Murray Council Member Wilbanks, seconded by Mayor Pro Tern Ware, 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 ITEM 5. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU04-44 MARRIOTT RESIDENCE INN Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU04-44 had been filed by Marriott Residence Inn requesting a conditional use permit to amend the site plan approved by Ordinance No. 99-113 for a 133 room hotel with the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with the operation of a restaurant and to exceed the maximum height requirement of 50 feet. The subject property is located at 2020 State Highway 26 and is zoned "CC" Community Commercial District Regulations. Mr. Stombaugh reported the average room size of the hotel exceeds 400 square feet and a full-service restaurant with on -premise alcoholic beverage sales is proposed; approximately 2,000 square feet of meeting space is planned as well as a 1,100 square foot swimming pool and spa thereby meeting all the requirements for new hotel development in effect prior to January 18, 2005. Mr. Mike Mahoney requested favorable consideration of the application. Questions from the City Council and the Planning & Zoning Commission related to the two monument signs and the number of rooms planned for floors two through eight. The applicant responded the monument signs were to mark the location of the drives for the guests and that there are 16 rooms per floor for the seven floors. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Coy, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Wilson, Undersander, St. John, Lowery & Jennings Nays: None Absent: Fry & Murray Council Member Johnson, seconded by Council Member Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: rd 01/18/05 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RECESS AND RECONVENE Mayor Tate announced the Planning & Zoning Commission would recess to the Planning & Zoning Conference Room to consider published business. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding: (A) real property relative to (1) Scribner Street and (2) right-of-way acquisition of parcels at Business 114 L pursuant to Section 551.072, Texas Government Code; and (B) conference with City Manager and Staff to discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate and expand in the City; with which businesses the City is conducting economic development negotiations pursuant to Section 551.087, Texas Government Code. Reference Executive Session minutes of January 18, 2005 for action taken as a result of the closed session. RECONVENE Upon reconvening in the City Council Chambers, all members of the City Council were present. The next items of business discussed were Items 22 through 25. ITEM 5A. CITIZEN COMMENTS, MS. DEBRA ROBINSON This item was presented after Item 25. Ms. Debra Robinson, 1402 Tiffany Forest Lane, President of the Grapevine Girls' Softball Association, stated they have outgrown the City's facilities and requests the process begin to identify additional funds in the budget for more youth facilities. ITEM 6. CONCEPT PLAN, FOUNTAIN AT BOTANICAL GARDENS AT HERITAGE PARK City Manager Nelson removed from the agenda the presentation of the concept plan of the fountain at the Botanical Gardens at Heritage Park. 5 01/18/05 ITEM 7. ORDINANCE, AMEND CHAPTER 23 TRAFFIC, NO PARKING ZONES Assistant Director of Public Works/Engineering Stan Laster recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 23 Traffic, Section 23-63 No Parking Zones, Restricted Parking Zones relative to establishing a no -parking zone on the north side of West Worth Street to 35 feet west of Main Street, Council Member Freed, seconded by Mayor Pro Tem Ware, offered a motion to approve the ordinance as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Spencer, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2005-01 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 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 ITEM 8 AMEND ENGINEERING SERVICES CONTRACT, TURNER, COLLIE & BRADEN INCORPORATED STATE HIGHWAY 114/STATE HIGHWAY 121 MIS PROJECT Public Works Director Jerry Hodge recommended approval of an amendment to the existing consultant Engineering Services Contract in an amount not to exceed $200,000.00 with Turner, Collie & Braden, Incorporated relative to the State Highway 114/State Highway 121 MIS Project. The City's consultant will monitor the modeling efforts of TxDOT's consultant and will assist the City in addressing any negative results of those computer model runs. He stated the City Staff continues to make every effort to expedite the MIS process and receive environmental clearance for this project as soon as possible. Authorization to proceed under the amendment will be issued by City Staff in $25,000.00 increments as necessary. Council Member Stewart, seconded by Council Member Johnson, offered a motion to approve the contract amendments as recommended. The motion prevailed by the following vote: 9 01/18/05 Ayes: Tate, Ware, Wilbanks, Spencer, Johnson, Stewart & Freed Nays: None ITEM 9. AMEND ENGINEERING SERVICES CONTRACT, TURNER, COLLIE & BRADEN, INCORPORATED, GLADE ROAD RECONSTRUCTION, PROJECT Assistant Director of Public Works/Engineering Stan Laster recommended approval of an amendment to the Engineering Services Contract with Turner, Collie & Braden, Incorporated in an amount not to exceed $30,982.00 for the design of the Glade Road Reconstruction Project. The amendment will include the following: Baze Road Median Opening, video detection, additional landscaping, additional right-of-way and easement documents and additional topographic survey. Council Member Freed, seconded by Council Member Spencer, offered a motion to approve the contract amendment as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Spencer, Johnson, Stewart & Freed Nays: None ITEM 10. AWARD DESIGN/BUILD (PART 11) CONTRACT, SPEED FAB -CRETE INC., MUNICIPAL SERVICE CENTER IMPROVEMENTS Public Works Director Jerry Hodge recommended approval of the award of a Design/Build (Part 11) Contract to Speed Fab -Crete Inc. in the amount of $1,423,685.00 for Municipal Service Center Improvements. The improvements are a 21,700 square foot storage building, fleet bay expansion, an equipment wash bay, material storage bins and Fire Department storage. Due to the construction of Dove Loop and the Service Center's proximity to residential areas, mitigation efforts to the Municipal Service Center are required. These facilities are being proposed to bring the Service Center into compliance with current zoning regulations. Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to approve the contract as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Spencer, Johnson, Stewart & Freed Nays: None ITEM 11. ORDINANCE, ESTABLISH MAXIMUM PERMITTED BASIC SERVICE TIER RATES, COMCAST CABLE COMMUNICATIONS, INC. Assistant to the City Manager Jennifer Hibbs requested approval of an ordinance establishing the maximum permitted basic service tier rates charged by Comcast Cable Communications, Inc. After reviewing the filing of FCC Form 1240, the City's consultant, 7 01/18/05 Ms. Connie Cannady of C2 Consulting, recommended that the City allow the increase from $11.14 to $11.75. Ms. Hibbs reported the Utility Committee had reviewed the request and recommended approval. Council Member Johnson, seconded by Council Member Stewart, offered a motion to approve the ordinance as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Spencer, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2005-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS ESTABLISHING THE MAXIMUM PERMITTED BASIC RATES SERVICE TIER RATES CHARGED BY COMCAST CABLE; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 12. ORDINANCE, ESTABLISH EQUIPMENT/INSTALLATION RATES, COMCAST CALBE COMMUNICATIONS, INC. Assistant to the City Manager Hibbs recommended approval of an ordinance establishing the equipment and installation rates charged by Comcast Cable Communications, Inc. The City hired C2 Consulting Services to review Comcast's FCC Form 1205 filing. Ms. Hibbs advised the ordinance would establish the maximum permitted equipment and installation rates allowed by Comcast for a period of one year beginning June 1, 2004. Ms. Hibbs reported the Utility Committee had reviewed the request and recommended approval. Mayor Pro Tern Ware, seconded by Council Member Wilbanks, offered a motion to approve the ordinance as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Spencer, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2005-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS ESTABLISHING THE EQUIPMENT AND INSTALLATION RATES CHARGED BY COMCAST CABLE COMMUNICATIONS, INC., PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE CONSENT AGENDA The next order of business for the City Council was to consider the consent agenda items, which were deemed to need little or no discussion and were acted upon as one business 1* al 01/18/05 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 13. Resolution, Ratify City's Intervention, Atmos Energy Corporation (formerly TXU Gas Company Assistant to the City Manager recommended approval of a resolution ratifying the City's intervention before the Railroad Commission of Texas regarding the filing of a gas cost prudence review by Atmos Energy Corporation (formerly TXU Gas Company); designating a representative to serve on the steering committee and requiring reimbursement of reasonable legal and consultant expenses. Motion by Mayor Pro Tem Ware, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2005-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AUTHORIZING INTERVENTION BEFORE THE RAILROAD COMMISSION OF TEXAS IN GAS UTILITIES DOCKET (GUD) NO. 9530; AUTHORIZONG PARTICIPATION WITH OTHER CITIES SERVED BY ATMOS ENERGY COPRPORATION, FORMERLY KNOWN AS TXU GAS COMPANY, IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING A GAS COST PRUDENCE REVIEW RELATED TO A FILING MADE IN SEPTEMBER OF 2004 AS REQUIRED BY THE FINAL ORDER IN GUD NO. 8664; DESIGNATING A REPRESENTATIVE OF THE CITY TO SERVE ON A STEERING COMMITTEE; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES AND PROVIDING AN EFFECTIVE DATE Item 14. Resolution, Suspending Atmos Energy Corporation Interim Rate Adjustment Proposal, Authorize Participation in Steering Committee Assistant to the City Manager recommended approval of a resolution suspending an interim rate adjustment proposed by Atmos Energy Corporation (formerly TXU Gas Company); authorizing participation in a steering committee to review the proposed rate increase and recommend further action related to the proposed rate increase; authorizing the City Manager to appoint a staff member to serve on the steering committee; authorizing intervention in any proceeding related to proposed rate increases; and requiring reimbursement of reasonable legal and consultant expenses. MJ 01/18/05 Motion by Mayor Pro Tem Ware, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2005-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS SUSPENDING THE PROPOSAL BY ATMOS ENERGY CORP. TO IMPLEMENT INTERIM GRIP RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2003; AUTHORIZING PARTICIPATION WITH OTHER CITIES SERVED BY ATMOS ENERGY CORP., MID -TEXAS DIVISION, IN A REVIEW AND INQUIRY INTO THE BASIS AND REASONABLENESS OF THE PROPOSED RATE ADJUSTMENTS; AUTHORIZING INTERVENTION IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLV- ING THE PROPOSED GRIP RATE ADJUSTMENTS; DESIGNATING A REPRESENTATIVE OF THE CITY TO SERVE ON A STEERING COMMITTEE; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES AND PROVIDING AN EFFECTIVE DATE Item 15. Extend Conditional Use Permit CU03-54, Hayes Truck Grou Development Services Director recommended approval of the request of Hayes Truck Group for a one year extension to Conditional Use Permit CU03-54 approved by Ordinance No. 2004-03 on January 20, 2004 at 316 East Dallas Road for expansion of the existing structure and to add property to the site for employee parking. Motion by Mayor Pro Tem Ware, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 16 Resolution Setting 2004 Population Development Services Director recommended approval of a resolution setting the population at 46,684 as of December 31, 2004. Motion by Mayor Pro Tem Ware, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: im Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2005-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING OFFICIAL THE FINDING AND DETERMINATION AS TO THE POPULATION AND NUMBER OF INHABITANTS OF AND WITHIN THE CITY OF GRAPEVINE, TEXAS, AS OF DECEMBER 31, 2004 AND PROVIDING AN EFFECTIVE DATE Item 17. Renew Interlocal Agreement, City of Colleyyille, Fleet Services Division Public Works Director recommended approval of the renewal of an Interlocal Agreement with the City of Colleyville to maintain the City of Colleyville's fire protection vehicles by the City of Grapevine Fleet Services Division and authorization for Staff to execute said agreement. Motion by Mayor Pro Tem Ware, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 18. Award Contract, Surveying/Engineering Design Services, Municipal Service Center Improvements, Pacheco -Koch Consulting Engineers Public Works Director recommended award of a contract to Pacheco -Koch Consulting Engineers in the amount of $23,500.00 to provide surveying and engineering design services for the Municipal Service Center Improvements and authorization for Staff to execute said contract. Motion by Mayor Pro Tem Ware, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 19. Resolution, Authorize Purchase, Motorola Mobile Workstations Police Chief recommended approval of a resolution authorizing the purchase of nine Motorola mobile workstations through an interlocal agreement with the Houston/Galveston Area Council in an amount not to exceed $54,270.12. Motion by Mayor Pro Tem Ware, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: 11 01/18/05 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2005-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNATE TO PURCHASE MOBILE WORKSTATIONS THROUGH AN ESTABLISHED INTERLOCAL AGREEMENT WITH THE HOUSTON/ GALVESTON AREA COUNCIL AND PROVIDING AN EFFECTIVE DATE Item 20 Resolution Ratify Emergency Purchase/Installation, Telephone System Administrative Services Director recommended approval of a resolution ratifying the emergency purchase and installation of a Toshiba CTX670 telephone system for the Police and Court Building from ICS Telephones in the total amount of $23,271.28. Motion by Mayor Pro Tem Ware, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2005-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO THE RATIFICATION OF STAFF PURCHASE AND INSTALLATION OF A TELEPHONE SYSTEM FOR THE POLICE AND COURT BUILDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS AND DOCUMENTS AND PROVIDING AN EFFECTIVE DATE Item 21. Consideration of Minutes City Secretary recommended approval of the minutes of the December 21, 2004 City Council meetings as published. Motion by Mayor Pro Tem Ware, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None 12 01/18/05 The following items were considered after Item 5. ITEM 22. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z04-16 CITY OF GRAPEVINE Development Services Director reported the Planning & Zoning Commission voted 7-0 for approval of Zoning Application Z04-16 filed by the City of Grapevine approving the rezoning of approximately 41.235 acres located at 901 East Northwest Highway from "PID" Planned Industrial Development to "CC" Community Commercial District Regulations. Council Member Freed, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the ordinance granting the rezoning. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2005-04 AN ORDINANCE AMENDING 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 OF GRAPEVINE, TEXAS, GRANTING ZONING CHANGE Z04-16 ON A TRACT OF LAND OUT OF THE E. MOORE SURVEY, ABSTRACT NO. 1029, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "PID" PLANNED INDUSTRIAL DEVELOPMENT DISTRICT TO "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS; 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 A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT'TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE 13 01/18/05 ITEM 23. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU04-42 GRAPEVINE GOLF CARTS Development Services Director reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU04-42 filed by Grapevine Golf Carts with the condition that no vehicles back onto Northwest Highway. Approval of the application grants a conditional use permit for new and used golf/utility cart sales and service with outside display and outside storage on property located at 1380 West Northwest Highway. The subject property is zoned "HC" Highway Commercial District. Council Member Freed, seconded by Mayor Pro Tem Ware, offered a motion to approve the ordinance granting the conditional use permit without the Commission's recommended stipulation. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2005-05 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 CU04-42 FOR NEW AND USED GOLF/UTILITY CART SALES AND SERVICE WITH OUTSIDE DISPLAY AND OUTSIDE STORAGE 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 24. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU04-43 CHICKEN EXPRESS 14 01/18/05 Development Services Director reported the Planning & Zoning Commission voted 6-1 for approval of Conditional Use Application CU04-43 filed by Chicken Express granting a conditional use permit for a restaurant with drive-through and drive-in service on property located at 828 East Northwest Highway. The subject property is Zoned "HC" Highway Commercial District. Mayor Pro Tem Ware, seconded by Council Member Stewart, 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, Wilbanks, Johnson & Stewart Nays: Freed ORDINANCE NO. 2005-06 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 CU04-43 FOR A RESTAURANT WITH DRIVE-IN AND DRIVE-THROUGH SERVICE IN A DISTRICT ZONED "HC" HIGHWAY COMMERCIAL DISTRICT 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 25. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU04-44 MARRIOTT RESIDENCE INN Development Services Director reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU04-44 filed by Marriott Residence Inn granting a conditional use permit for a 133 room hotel with the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with the operation of a restaurant and to exceed the maximum height 15 01/18/05 requirement of 50 feet. The subject property is located at 2020 State Highway 26 and is zoned "CC" Community Commercial District Regulations. Council Member Wilbanks, seconded by Council Member Stewart, 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, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2005-07 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 CU04-44 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 99-113 FOR A 133 ROOM HOTEL WITH THE POSSESSION, STORAGE, RETAIL SALE AND ON -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) IN CONJUNCTION WITH A RESTAURANT AND TO EXCEED THE MAXIMUM HEIGHT REQUIREMENT OF 50 FEET, 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 .9 Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 8:55 p.m. The motion prevailed by the following vote: in 01/18/05 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 1 st day of February, 2005. ATTEST: Linda Huff City Secretary WA F.1y.0,02 00Z M 03 William D. Tate Mayor