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HomeMy WebLinkAboutItem 08 - MinutesSTATE 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 .11th day of October, 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 Sharron Spencer C. Shane Wilbanks 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: Bruno Rumbelow Acting City Manager Matthew Boyle Assistant City Attorney Linda Huff City Secretary 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) Real property relative to right of way acquisition on Texan Trail Section 551.072, Texas Government Code; (B) Personnel relative to City Manager position pursuant to Section 551.074, Texas Government Code; (C) 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. There was no action necessary relative to personnel. 10/11/05 Regarding (A) real property relative to right of way acquisition on Texan Trail, Acting City Manager Rumbelow requested authorization for right of way acquisition on Business 114 �- from MDM Scaffolding in an amount of $56,735.00. Council Member Freed, seconded by Mayor Pro Tem Ware, offered a motion to authorize the Acting City Manager to proceed with the acquisition of right of way on Texan Trail. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Note: Item (C) 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 was not discussed. Note: City Council continued with the Regular City Council meeting in open session in the Council Chambers. Council Member Wilbanks, seconded by Council Member Freed, offered a motion to adjourn the meeting at 8:55 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 1 st day of November, 2005. ATTEST: Linda Huff City Secretary K William D. Tate Mayor 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 11th day of October, 2005 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 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 City Staff: Bruno Rumbelow Acting City Manager Matthew Boyle Assistant City Attorney Linda Huff City Secretary Jennifer Hibbs Assistant to the City Manager Mayor Tate called the meeting to order at 7:40 p.m. INVOCATION Mayor Pro Tern Ware delivered the Invocation. ITEM 1. PRESENTATION, OIL AND GAS WELL DRILLING BRIEFING Assistant City Attorney Matthew Boyle briefed the City Council regarding oil and gas drilling regulations and authority. He stated that the Texas Railroad Commission has jurisdiction over all oil and gas well drilling in Texas and over all persons owning or engaged in drilling or operating such oil or gas wells. The jurisdiction of the Railroad Commission, however, does not prevent a municipality from exercising its police power to regulate and control drilling. Chapter 49 of the Grapevine Code of Ordinances requires a Special Use Permit for gas and oil drilling and production. Oil and gas well drilling is only allowed in nonresidential districts. Mr. Boyle stated that in conclusion: the Texas Railroad Commission has primary responsibility to regulate oil and gas drilling; the City has full legal authority to also regulate oil and gas drilling; and municipal regulation options are wide ranging. 10/11/05 Discussion ensued relative to the City Attorney providing specific information and criteria to address issues of oil and gas well drilling that would focus on the public health, safety and welfare of Grapevine's citizens. Mr. Boyle advised that the intent is to draft an ordinance that the City Council would be interested in considering and to provide a summary of what other cities in the metroplex are doing regarding oil and gas well drilling. There was no action taken by the City Council. ITEM 2. PRESENTATION PROPOSED RECREATION FACILITIES AND LEAGUE PLAY FEE SCHEDULES Recreation Superintendent Chris Smith presented the recommended changes to the fee schedules for the use of the recreation facilities and league play. The proposed field rental rates would be effective with the Spring/Summer 2006 Playbook activities brochure. The proposed facility rental rates would become effective October 19th. The proposed league fees would be effective with the Spring/Summer 2006 Playbook. Mr. Smith stated the new Community Activity Center membership fees would become effective January 1, 2006. If the proposed fee schedules were to be approved, it would generate approximately $40,000.00 in new revenue that would be used to offset the cost of providing services to the public. Discussion ensued relative to the proposed fee increases relative to the use of the parks and facilities. It was the consensus of the Council that Staff review all of the proposed fees and determine where fee adjustments would be appropriate, determine whether the deposit and clean-up system is working to keep parks and facilities clean. There was no action taken by the City Council. ITEM 3. ENGINEERING SERVICES CONTRACT FREESE AND NICHOLS INC. RENEWAL APPLICATION GRAPEVINE WASTEWATER TREATMENT PLANT PERMIT Director of Public Works Matt Singleton requested approval of an engineering services contract with Freese and Nichols, Inc. in an amount not to exceed $18,500.00 for preparation of the renewal application of the Grapevine Wastewater Treatment Plant Permit. He stated the permit must be renewed every five years and the current permit will expire September 1, 2006 and must be renewed prior to that date. Motion by Council Member Johnson, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None 10/11/05 ITEM 4. RATIFY TESTING SERVICES CONTRACT AND CONTRACT AMENDMENTS, CMJ ENGINEERING, INC., 2004 UNDERSIZED WATER LINE PROJECT Deputy Director of Public Works Stan Laster requested approval of the ratification of the original testing services contract with CMJ Engineering, Inc. relative to the 2004 undersized water line project in the amount of $9,090.00 previously approved by Staff. Mr. Laster requested approval of the ratification of the first contract amendment to the existing testing services contract in the amount of $5,880.00 previously approved by Staff and he requested approval of a second contract amendment in the amount of $4,071.00 for additional trench backfill testing. He stated that Staff with Council's approval had increased the scope of the water line construction project to include additional undersized lines needing replacement. Motion by Mayor Pro Tern Ware, 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 5. RENEW INTERLOCAL AGREEMENT, CITY OF COLLEYVILLE, FIRE PROTECTION VEHICLES Assistant Director of Public Works Bob Price requested approval of the renewal of an interlocal agreement with the City of Colleyville for maintenance of Colleyville's fire protection vehicles. The agreement is identical to last year's with the exception of the fee charges: labor rate has increased from $55.00 per hour to $65.50 per hour and parts had a 12% upcharge that has increased to 20%. The City of Colleyville approved the contract at their September 20, 2005 City Council meeting. Motion by Council Member Wilbanks, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 6. AWARD ENGINEERING SUPPORT SERVICES CONTRACT, WHITE ROCK CONSULTANTS, INC., WASTEWATER / RECONSTRUCTION REHABILITATION PROJECT Director of Public Works Matt Singleton requested approval of the award of an engineering support services contract in the amount of $18,260.00 to White Rock Consultants, Inc. to develop a Wastewater Reconstruction/Rehabilitation Project to address inflow and infiltration issues into the sanitary sewer system. 3 10/11105 Motion by Council Member Freed, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 7. RESOLUTION, TRAFFIC SIGNAL IMPROVEMENTS PROJECT FUNDING AGREEMENT TXDOT Traffic Manager Ramana Chinnakolta requested adoption of a resolution approving the Local Project Advance Funding Agreement amendment with TxDOT to increase the total funding for the Traffic Signal Improvements Project from $555,600.00 to $762,600.00. The additional funding was requested to retrofit all the traffic signals in the City (including State owned) signals with energy saving Light Emitting Diode (LED) bulbs. Discussion ensued relative to the continued synchronization of signal lights at major intersections in the City. Motion by Council Member Wilbanks, seconded by Council Member Spencer, to approve the resolution as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2005-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AUTHORIZING A LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT AMENDMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION AMENDING FUNDING PARTICIPATION LEVEL AND PROJECT SCOPE FOR THE TRAFFIC SIGNAL IMPROVEMENTS PROJECT WITHIN THE CITY OF GRAPEVINE TO INCLUDE THE RETROFIT OF EXISTING SIGNALS WITH LED TECHNOLOGY; AND PROVIDING AN EFFECTIVE DATE FOUNDATION ADVISORY BOARD Acting City Manager Bruno Rumbelow recommended approval of a resolution changing the composition of the Grapevine Heritage Foundation Advisory Board to make the Director of Development Services a voting member and the Executive Director of the Convention and Visitors Bureau a non-voting ex -officio member. Mr. Rumbelow stated that as part of the FY2006 budget process, the Grapevine Heritage Foundation and Grapevine Township Revitalization staff were moved from the General Fund/Development Services to the Convention and Visitors Bureau Fund. 2 10/11/05 Motion by Council Member Johnson, seconded by Council Member Stewart, to approve the resolution as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2005-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE RESOLUTIONS AUTHORIZING THE CREATION AND GOVERNANCE OF THE OPERATION OF THE GRAPEVINE HERITAGE FOUNDATION (THE FOUNDATION) BY AMENDING THE COMPOSITION OF THE ADVISORY BOARD; AND DECLARING AN EFFECTIVE DATE OF OCTOBER 11, 2005 ITEM 9. ORDINANCE AMEND CHAPTER 25 UTILITIES AND SERVICES ADDITION OF ARTICLE VII MUNICIPAL SETTING DESIGNATION Public Works Director Matt Singleton recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 25, Utilities and Services by the addition of Article VII, Municipal Setting Designation (MSD). The MSD law provides an option for landowners to apply for MSD certification and avoid some of the cleanup criteria previously required by the Texas Commission Environmental Quality. The proposed ordinance is a procedural ordinance that spells out the process for Grapevine to consider whether to support the MSD application and restrict the use of groundwater on a site or disapprove the request, which will end the MSD effort. Motion by Council Member Freed, seconded by Mayor Pro Tem Ware, to approve the ordinance as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2005-79 AN ORDINANCE AMENDING CHAPTER 25 OF THE CITY OF GRAPEVINE CODE OF ORDINANCES, AS AMENDED, BY THE ADDITION OF ARTICLE VII, "MUNICIPAL SETTING DESIGNATION," PROVIDING FINDINGS AND DEFINITIONS, PROVIDING FOR THE PROHIBITION OF THE USE OF GROUNDWATER FOR POTABLE PURPOSES IN A MUNICIPAL SETTING DESIGNATION, PROVIDING FOR AN APPLICATION PROCESS FOR A MUNICIPAL SETTING DESIGNATION, PROVIDING FOR PUBLIC MEETINGS AND HEARINGS, PROVIDING FOR NOTICE TO PERSONS WITHIN THE AFFECTED COMMUNITY, PROVIDING FOR LIMITATIONS ON REAPPLICATION, PROVIDING FOR 61 10/11/05 PROOF THAT RESPONSE ACTIONS HAVE BEEN COMPLETED ON A SITE, PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A FINE OF UP TO $2,000.00 FOR EACH OFFENSE IN VIOLATION OF THE ORDINANCE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE ITEM 10. AWARD CONTRACT, MHS PLANNING & DESIGN, BOAT RAMP AND AMENITIES, KATIE'S WOODS Assistant Director of Parks & Recreation Joe Moore requested approval of the award of a professional services contract to MHS Planning & Design for the design of the high water boat ramp, restroom facilities, extension of the low water ramp and other amenities at Katie's Woods in the amount of $52,500.00. Motion by Council Member Stewart, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 11. AWARD BIDS FOR IMPROVEMENTS TO THE VINEYARDS/SILVER LAKE CAMPGROUNDS Acting City Manager Rumbelow advised the Staff requested to table this item to the October 18, 2005 City Council meeting for additional review. Motion by Council Member Spencer, seconded by Council Member Wilbanks, to table to the October 18, 2005 meeting prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 12. RESOLUTION, AUTHORIZE AGREEMENT WITH DALLAS AREA RAPID TRANSIT AUTHORITY FOR CONDUIT LOCATION, Information Technology Manager John Jennery requested approval of a resolution authorizing the City to enter into an agreement with Dallas Area Rapid Transit Authority for location of a 1 % inch conduit under the Cotton Belt Line at Ira E. Woods Avenue. The agreement includes a license agreement, standard construction agreement and contractor's right of entry agreement. There is a one-time fee of $10.00 to process the agreement and no additional future fees are involved. Motion by Council Member Wilbanks, seconded by Council Member Johnson, to approve the resolution as recommended prevailed by the following vote: 0 10/11/05 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2005-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH THE DALLAS AREA RAPID TRANSIT AUTHORITY WHEREBY THE CITY WILL BE GRANTED PERMISSION TO BORE A 1% INCH CONDUIT UNDER THE COTTON BELT LINE AT IRA E. WOODS AVENUE AND PROVIDING AN EFFECTIVE DATE ITEM 13. RESOLUTION AWARD CONTRACT BECKER GROUP CHRISTMAS LIGHT DISPLAYS Parks Superintendent Kevin Mitchell requested approval of the award of a contract to the Becker Group as a sole source provider for the purchase of static Christmas light displays for State Highway 26 in the amount of $17,203.96 and approval of a resolution ratifying the initial purchase. Motion by Council Member Spencer, seconded by Mayor Pro Tem Ware, to approve the contract and resolution as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2005-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO THE RATIFICATION OF STAFF PURCHASE OF CHRISTMAS LIGHT DISPLAYS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS AND DOCUMENTS 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 14. Adopt -A -Road Agreement, Camp Sonshine and Adapt -A -Trail Agreement with First Baptist Church Grapevine 7 10/11/05 Parks and Recreation Advisory Board and Parks & Recreation Director recommended approval of an Adopt -A -Road Agreement with Camp Sonshine for Parr Road from Hall - Johnson to Parr Park and an Adopt -A -Trail Agreement with the First Baptist Church Grapevine for Big Bear Creek Trail from Pool Road to Parr Park. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 15. Award Bid 240-2005 Traffic Material and Supplies Annual Contract Public Works Director recommended award of Bid 240-2005 Traffic Material and Supplies Annual Contract to Paradigm Traffic Systems; Vulcan, Inc.; Centerline Supply; 3M Company; Consolidated Traffic; Naztec, Inc.; Hall Signs; Flint Trading and Roadrunner Traffic. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 16. Consideration of Minutes City Secretary recommended approval of the minutes of the September 20, 2005 City Council meetings as published. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Council Member Wilbanks, seconded by Council Member Freed, offered a motion to adjourn the meeting at 8:55 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None P 10/11/05 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 1 st day of November, 2005. William D. Tate Mayor ATTEST: Linda 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 18th day of October, 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 Sharron Spencer C. Shane Wilbanks 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: Bruno Rumbelow Acting 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 meeting to order at 6:30 p.m. ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding: (A) Conference with City Manager and Staff to discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate and expand in the City; with which businesses the City is conducting economic development negotiations 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. Acting City Manager Bruno Rumbelow stated there was no action necessary relative to conference with City Manager pursuant to Section 551.087, Texas Government Code. Note: City Council continued with the Regular City Council meeting in open session in the Council Chambers. 10/18/05 ADJOURNMENT Council Member Freed, seconded by Council Member Wilbanks, offered a motion to adjourn the meeting at 8:40 pm. 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 1 st day of November, 2005. ATTEST: Linda Huff City Secretary 2 0,22001AM 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 October, 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 Herbert Fry Chris Coy Danette Murray Betty "BJ" Wilson Becky St. John Mark Lowery Andrea Roy Chairman Vice Chairman Member Member Member Member Alternate Alternate constituting a quorum, with Commissioner Rob Undersander absent, with the following members of the City Staff: Bruno Rumbelow Acting 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 meeting to order at 7:32 p.m. INVOCATION Commissioner Wilson delivered the Invocation. 10/18/05 PRESENTATION Mayor Tate reported the Council had held a reception for the 98 citizens that serve on the various Boards and Commissions and recognized those members that were present at the Council meeting. Mayor Tate recognized Scout Troop 240 of the Church of Jesus Christ of Latter -Day Saints. ITEM 1. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU05-54 UNDERWATER WORLD Mayor Tate declared the public hearing open. Planner Ron Stombaugh reported Conditional Use Application CU05-54 had been filed by Underwater World requesting an amendment to the site plan approved by Ordinance No. 2003-47 to reorient the structure, modify the building elevations and eliminate the elevated walkover. The subject property is located at 2200 West Grapevine Mills Circle and is zoned "CC" Community Commercial District Regulations. Mr. Erik Pedersen, Ms. Michelle Jones and Mr. Jody Short requested favorable consideration of the application. Mr. Pedersen stated he proposes to have the ground breaking the first of November, begin construction the first of 2006 with the aquarium opening in 2007. Ms. Jones reviewed the reorientation of the structure to the site, the building elevations and elimination of the elevated pedestrian walkover. Mr. Jody Short, traffic engineer, reviewed the traffic/pedestrian flow pattern for the proposed aquarium. Discussion ensued relative to the safety of the patrons accessing the facility from the Grapevine Mills parking lot across the street. There was discussion that adequate signage be provided to guide patrons to the pedestrian crossing at the intersection. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Murray, seconded by Commissioner Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, St. John and Roy Nays: None Absent: Undersander Mayor Pro Tern Ware, seconded by Council Member Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: FA 10/18/05 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None TOLBERT'S I Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU05-56 had been filed by Tolbert's requesting a conditional use permit for the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant that has a seating capacity for 163. The property is located at 423 South Main Street and is zoned "CBD" Central Business District. Approximately 58 parking spaces will be required and Mr. Stombaugh reported there are approximately 228 parking spaces available within walking distance of the restaurant. Paul and Kathleen Ryan 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. City Secretary Huff reported the Council and Commission had been copied the one letter of support of the application. Commissioner Fry, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, St. John and Roy Nays: None Absent: Undersander Council Member Wilbanks, 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 HL05-01 MR. PRENTICE JEFFCOAT Mayor Tate declared the public hearing open. Planner Stombaugh reported Historic Landmark Subdistrict Application HL05-01 had been filed by Mr. Prentice Jeffcoat requesting a historical landmark sub -district on property located at 422 South Dooley Street and adoption of the D. E. Box Residence 3 10/18/05 Historic District Design Guidelines. The property is zoned "R-7.5" Single Family District Regulations. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Wilson, seconded by Commissioner Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, St. John and Roy Nays: None Absent: Undersander Council Member Stewart, seconded by Council Member Johnson, 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, HISTORIC LANDMARK SUBDISTRICT APPLICATION HL05-02 MS. ROSE MARIE GACILOS Mayor Tate declared the public hearing open. Planner Stombaugh reported Historic Landmark Subdistrict Application HL05-02 had been filed by Ms. Rose Marie Gacilos requesting a historical landmark sub -district on property located at 408 East Worth Street and adoption of the A. W. and Ted Willhoite Residence Historic District Design Guidelines. The property is zoned "R-7.5" Single Family District Regulations. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Coy, seconded by Commissioner Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, St. John and Roy Nays: None Absent: Undersander Council Member Johnson, seconded by Council Member Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: V1. 10/18/05 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 5. PUBLIC HEARING. FINAL PLAT LOT 8R, BLOCK 5, W. C. LUCAS ADDITION, REPLAT OF THE SOUTHERN PORTION OF LOT 8, BLOCK 5, W. C. LUCAS ADDITION Mayor Tate declared the public hearing open. Senior Civil Engineer Scott Dyer reported the application had been filed by Randal and Michelle Popiel for the final plat of Lot 8R, Block 5, W. C. Lucas Addition being a replat of the southern portion Lot 8, Block 5, W. C. Lucas Addition. The 0.419 acre property is located north of Lipscomb Street and along Forest Street and is zoned "R-7.5" Single Family District Regulations. The property is being platted to build a residence. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Fry, seconded by Commissioner Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, St. John and Roy Nays: None Absent: Undersander 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 RECESS AND RECONVENE Mayor Tate announced the Planning & Zoning Commission would recess to the Planning & Zoning Conference Room to consider published business. The City Council remained in session in the Council Chambers to consider published business. ITEM 5A. CITIZEN COMMENTS', MR. BRUCE RIDER Mr. Bruce Rider, 325 West Worth Street, expressed his appreciation to the City Council for recognition of the citizen volunteers that serve on the City Boards and Commissions. He y 10/18/05 also expressed his appreciation for the opportunity to live in Grapevine and for how the City is growing and developing. ITEM 6. ORDINANCE .SALE OF COMBINATION TAX AND LAKE PARKS REVENUE CERTIFICATES OF OBLIGATIONS SERIES 2005A Administrative Services Director Bill Gaither recommended acceptance of the First Southwest Company's recommendation and approval of the sale of $2,380,000.00 of Combination Tax and Lake Parks Revenue Certificates of Obligation, Series 2005A. The appropriate amount of Lake Parks revenue will be used to pay the Lake Parks portion of the outstanding debt. Hotel/Motel tax revenues will be used to pay the Dooley Street property portion of the debt. Ms. Laura Alexander, of First Southwest Company, reported the City has the following ratings with Moody's Investors Service, Inc. "AAA" and "Al" and with Standard & Poor's Rating Group as "AAA" and "AA-". Ms. Alexander recommended award of the bid for the Combination Tax and Lake Parks Revenue Certificates of Obligation, Series 2005A to the lowest bidder, Wachovia Securities, LLC, at a rate of 4.489689%. Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to adopt the ordinance for the sale of $2,380,000.00 of Combination Tax and Lake Parks Revenue Certificates of Obligation, Series 2005A to Wachovia Securities, LLC, at a rate of 4.489689%. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2005-80 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF CITY OF GRAPEVINE, TEXAS, COMBINATION TAX AND LAKE PARKS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2005A, IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,380,000; AWARDING THE SALE OF SAID CERTIFICATES; LEVYING A TAX IN PAYMENT THEREOF; PRESCRIBING THE FORM OF SAID CERTIFICATES; APPROVING THE OFFICIAL STATEMENT; AND ENACTING OTHER PROVISIONS RELATING THERETO ITEM 7. RENEW INTERLOCAL AGREEMENT METROPORT TEEN COURT PROGRAM COLLEYVILLE AND SOUTHLAKE Teen Court Coordinator Amber Cartwright requested approval of the one-year renewal of an interlocal agreement with the cities of Colleyville and Southlake for the Metroport Teen Court Program. Southlake provides office space and administrative services for the Teen Court Coordinator. The cost to Grapevine for Fiscal Year 2006 is $21,215.00. Grapevine has participated in the Teen Court Program since 1994. 0 10/18/05 Motion by Council Member Freed, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None GOLF COURSE Administrative Services Director Bill Gaither recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 16 Parks & Recreation, Article II Grapevine Municipal Golf Course fees. The proposed fee changes will allow the Golf Course to continue to be a self-sustaining operation. In addition to the proposed individual fees, it is recommended to allow purchase of punch cards for 20 or 30 rounds of golf at discounted rates for weekday use only. The 30 round card would cost $720.00 or $24.00/round and the 20 round card would cost $500.00 or $25.00/round. This would provide an incentive for players to buy multiple rounds of golf and should help the course cash flow. The ordinance also provides authority for the Director of Golf, with the City Manager's approval, to offer discounts and special marketing programs to encourage play at the course. The effective date for these changes is December 1, 2005. The Golf Course Advisory Board, Director of Golf and Director of Administrative Services recommend approval. Motion by Council Member Johnson, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2005-81 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE CODE OF ORDINANCES CHAPTER 16 PARKS AND RECREATION, ARTICLE II GRAPEVINE MUNICIPAL GOLF COURSE, SECTION 16-32 FEES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 9. CONTRACT INSTALL FOUNDATIONS FOR CHRISTMAS DECORATION POLES 0 10/18/05 Deputy Director of Public Works Stan Laster recommended approval of a contract authorizing the purchase and installation of ten foundations for Christmas decoration poles at various locations on Main Street in a total amount of $18,150.00. The poles will be installed between Northwest Highway and Dallas Road and can be utilized to hang banners in the future. Motion by Council Member Spencer, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 10. AWARD BIDS, THE VINEYARDS/SILVER LAKE CAMPGROUNDS., ELECTRICAL, BUILDING, WATER AND SEWER Parks & Recreation Assistant Director Joe Moore requested approval of the award of the bids for electrical work, building and water and sewer for The Vineyards/Silver Lake Campgrounds to the lowest and best bidders meeting specifications: Gifford Electric, Cooper General and Reeves Construction. The total of all contracts will not exceed $1,196,921.32. Staff recommended award of the bids as follows: Gifford Electric for electrical services to the entire campground in the amount of $389,643.32; Reeves Construction for the east restroom/laundromat only in the amount of $278,560.00 and Cooper General Contractors for the water and sewer elements of the project in the amount of $528,718.00. The campgrounds will close down upon approval of these bids and re- open in April 2006. Motion by Council Member Freed, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 11. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU05-54 UNDERWATER WORLD Vice Chairman Herb Fry reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU05-54 filed by Underwater World granting a conditional use permit to amend the site plan approved by Ordinance No. 2003-47 to reorient the structure, modify the building elevations and eliminate the elevated walkover on property located at 2200 West Grapevine Mills Circle with the condition to block off two additional curb cuts to the west and extension of the landscaped area. Following discussion of the safety of the pedestrians, Council Member Freed, seconded by Mayor Pro Tern Ware, offered a motion to accept the Commission's recommendation approving the ordinance granting the conditional use permit with the condition to block off two additional curb cuts to the west and extend the landscaped area and if Grapevine Mills 9 10118105 is not in agreement, the final decision be left to the City Staff. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2005-82 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 CU05-54 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2003-47 FOR A RESTAURANT WITH THE POSSESSION, STORAGE, RETAIL SALE, AND ON -PREMISE CONSUMPTION OF ALCHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) AND AN AQUARIUM TO REORIENT THE STRUCTURE, MODIFY THE BUILDING ELEVATIONS AND ELIMINATE THE ELEVATED WALKOVER IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 12. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU05-56 TOLBERT'S Vice Chairman Fry reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU05-56 filed by Tolbert's granting a conditional use permit for the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant located at 423 South Main Street. 9 10/18/05 Council Member Spencer, seconded by Mayor Pro Tem Ware, 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. 2005-83 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 CU05-56 FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) IN CONJUNCTION WITH A RESTAURANT, IN A DISTRICT ZONED "CBD" CENTRAL BUSINESS 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 13. PLANNING & ZONING COMMISSION RECOMMENDATION HISTORIC LANDMARK SUBDISTRICT APPLICATION HL05-01 D. E. BOX HOUSE Vice Chairman Fry reported the Planning & Zoning Commission voted 7-0 for approval of Historic Landmark Subdistrict Application HL05-01 filed by Mr. Prentice Jeffcoat for the D. E. Box House located at 422 South Dooley Street and adoption of the D. E. Box Residence Historic District Design Guidelines. Council Member Freed, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the ordinance establishing the Historic im 10/18/05 Landmark Subdistrict at 422 South Dooley Street. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2005-84 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DESIGNATING A HISTORIC LANDMARK SUBDISTRICT HL05-01 IN ACCORDANCE WITH SECTION 39 OF ORDINANCE NO. 82-73 (APPENDIX "D" OF THE CODE OF ORDINANCES), DESIGNATING THE AREA PLATTED AS LOT 7 AND THE EAST 35 FEET OF LOT 8, BLOCK 33, CITY OF GRAPEVINE ADDITION AND MORE SPECIFICALLY DESCRIBED HEREIN, IN A DISTRICT ZONED "R-7.5" SINGLE FAMILY DISTRICT REGULATIONS; PROVIDING FOR THE ADOPTION OF THE D. E. BOX RESIDENCE HISTORIC DISTRICT DESIGN GUIDELINES; 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 ITEM 14. PLANNING & ZONING COMMISSION RECOMMENDATION HISTORIC LANDMARK SUBDISTRICT APPLICATION HL05-02 A. W. AND TED WILLHOITE HOUSE Vice Chairman Fry reported the Planning & Zoning Commission voted 7-0 for approval of Historic Landmark Subdistrict Application HL05-02 filed by Ms. Rose Marie Gacilos for the A. W. and Ted Willhoite House located at 408 East Worth Street and adoption of the A. W. and Ted Willhoite Residence Historic District Design Guidelines. Council Member Johnson, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation and approve the ordinance granting the Historic Landmark Subdistrict at 408 East Worth Street. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None 11 10/18/05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DESIGNATING A HISTORIC LANDMARK SUBDISTRICT HL05-02 IN ACCORDANCE WITH SECTION 39 OF ORDINANCE NO. 82-73 (APPENDIX "D" OF THE CODE OF ORDINANCES), DESIGNATING THE AREA PLATTED AS THE EAST Y2 OF LOT 4, BLOCK 33, CITY OF GRAPEVINE ADDITION AND MORE SPECIFICALLY DESCRIBED HEREIN, IN A DISTRICT ZONED °R-7.5" SINGLE FAMILY DISTRICT REGULATIONS; PROVIDING FOR THE ADOPTION OF THE A. W. AND TED WILLHOITE HOME HISTORIC DISTRICT DESIGN GUIDELINES; 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 ITEM 15. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 8R BLOCK 5 W. C. LUCAS ADDITION Vice Chairman Fry reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 8R, Block 5, W. C. Lucas Addition. The 0.419 acre property is located north of Lipscomb Street along Forest Street and is being platted to build a residence. Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 8R, Block 5, W. C. Lucas Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 16. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1 BLOCK 1 DOSSANI ADDITION 12 Vice Chairman Fry reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1, Block 1, Dossani Addition. The 0.956 acre property is located at the southwest corner of Northwest Highway and Austin Street and is being platted for commercial development. Council Member Spencer, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 1, Block 1, Dossani Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ADJOURNMENT Council Member Freed, seconded by Council Member Wilbanks, offered a motion to adjourn the meeting at 8:40 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 1 st day of November, 2005. ATTEST: Linda Huff City Secretary 13 William D. Tate Mayor