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HomeMy WebLinkAbout2008-12-16 Joint Meeting AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING WORKSHOP TUESDAY, DECEMBER 16, 2008 AT 6:45 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER 1. Legislative outlook for 2009 from lobbyists Dan Shelley and Jennifer Shelley Rodriquez. 2. Sales tax report and monthly financial update. 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 aW,„Y, posted on this the 12th day of December, 2008 at 5:00 p.m. Linda Huff City Secretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 16th day of December, 2008 at 6:45 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 C. Shane Wilbanks Mayor Pro Tern Sharron Spencer Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager Matthew Boyle Assistant City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the workshop to order at 6:45 p.m. ITEM 1. LEGISLATIVE UPDATE Lobbyists Dan Shelley and Jennifer Shelley Rodriquez reviewed the proposed legislative priorities for the City of Grapevine as developed by City Staff. It was recommended that at the next City Council meeting, the Council formally adopt the list of priorities to have a single document for use in meetings with legislators. It was the consensus that this item be placed on the next City Council meeting for consideration. There was no formal action taken by the City Council. ITEM 2. SALES TAX REPORT AND FINANCIAL UPDATE Administrative Services Director John McGrane reviewed the General Fund and Utility Enterprise Fund Monthly Financial Reports for November 2008 noting that revenues are up and expenditures are down as compared to the last two years. He stated that Grapevine's unemployment rate (seasonally unadjusted) is below 5%. 12/16/08 There was no formal action taken by the City Council. ADJOURNMENT Mayor Pro Tem Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the workshop at 7:27 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of January, 2009. APPROVED: *16127 William D. Tate Mayor ATTEST: Linda Huff W.64e1 City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, DECEMBER 16, 2008 AT 7:15 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. 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. City Council to reconvene in open session and take any necessary action relative to conference with employees under Section 551.087, 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 12th day of December, 2008 at 5:00 p.m. Lind Huff City Secretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Executive Session on this the 16th day of December, 2008 at 7:15 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 C. Shane Wilbanks Mayor Pro Tern Sharron Spencer Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:28 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 under 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 Bruno Rumbelow stated there was no action necessary relative to conference with City Manager and Staff under Section 551.087, Texas Government Code. NOTE: City Council continued with the Regular City Council meeting in open session in the City Council Chambers. 12/16/08 ADJOURNMENT Mayor Pro Tem Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 7:31 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of January, 2009. APPROVED: 45655' William D. Tate Mayor ATTEST: WOW Lin 144:d-i Huff .2(126/ City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL PLANNING & ZONING COMMISSION MEETING TUESDAY, DECEMBER 16, 2008 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE: Commissioner Herb Fry PRESENTATION 1. "Christmas Music and Light Show in Town Square" and recognition of employees for the installation of Christmas lights and decorations in Grapevine. JOINT PUBLIC HEARINGS 2. City Council and Planning &Zoning Commission to conduct a public hearing relative to Zoning Application Z08-09 filed by 222 Starnes LP requesting rezoning of approximately 0.321 acres from "R-5.0" Zero Lot Line District Regulations to "PO" Professional Office District Regulations for the development of an office building. The subject property is located at 222 North Starnes Street. This item was tabled at the November 18, 2008 meeting. 3. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU08-33 filed by Marshall Grain Company requesting a conditional use permit for outdoor storage and a 20 foot pole sign in conjunction with a garden and pet supply company. The subject property is located at 3525 William D. Tate Avenue and is zoned "CC"Community Commercial District Regulations. 4. City Council and Planning &Zoning Commission to conduct a public hearing relative to Special Use Application SU08-05 filed by Chesapeake Energy requesting a special use permit for gas well drilling on property located at 3740 Euless-Grapevine Road. The subject property is zoned "PID" Planned Industrial Development District. 5. City Council and Planning &Zoning Commission to conduct a public hearing relative to the application filed by Mr. Dennis Alise for the final plat of Lots 1 and 2, Block 1, Alise Brown Addition being a replat of Lot 12, Block 118, Clifton H. Jones Addition to College Heights and a 0.077 acre tract of land. The subject property is located at 531 Austin Street and is zoned "R-7.5" Single Family District Regulations. END OF JOINT PUBLIC HEARINGS Planning & Zoning Commission to recess to Planning & Zoning Commission Conference Room, Second Floor to consider published agenda items. City Council to remain in session in the Council Chambers to consider published business. 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 Joint City Council and Planning & Zoning Commission Meeting Agenda was prepared and posted on this the 12th day of December, 2008 at 5:00 p.m. Linda Huff City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, DECEMBER 16, 2008 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CITIZEN COMMENTS NEW BUSINESS 6. Consider an ordinance providing for the issuance of City of Grapevine, Tax Notes, Series 2008, in the aggregate principal amount of$4,260,000; awarding the sale of said notes; levying a tax in payment thereof; prescribing the form of said notes; approving the official statement and take any necessary action. 7. Consider a resolution approving an advanced funding agreement with the Texas Department of Transportation for a sidewalk program on Wildwood Drive as part of a Safe Routes to School Program and take any action. 8. Consider authorizing Parking Lot Lease Agreements with Gregory Investments and the First United Methodist Church for parking lots at the corner of Barton Street and Worth Street and on Ball Street south of the Mitchell House 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. 9. Consider authorizing a purchase order to Martin Apparatus, Inc.for the purchase on one (1) 75 foot Aerial Mounted Fire Truck and one (1) Pumper Fire Truck. Fire Chief recommends approval. 10. Consider renewal of the Curb and Gutter Concrete Construction Services Annual Contract to Manning Concrete. Public Works Director recommends approval. 11. Consider renewal of the Lamps and Lighting Products Annual Contract to Voss Lighting. Public Works Director recommends approval 12. Consider renewal of the Portable Toilet and Hand Sanitizer Services Annual Contract for City events to National Construction Rentals. Parks & Recreation Director recommends approval. 13. Consider the minutes of the December 2, 2008 City Council meetings as published. City Secretary recommends approval. Pursuant to the Texas Open Meetings Acts, 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. PLANNING & ZONING COMMISSION RECOMMENDATIONS 14. Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z08-09 (222 Starnes LP) and a subsequent ordinance, if applicable. 15. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU08-33 (Marshall Grain Company)and a subsequent ordinance, if applicable. 16. Consider the recommendation of the Planning & Zoning Commission relative to Special Use Application SU08-05 (Chesapeake Energy) and a subsequent ordinance, if applicable. 17. Consider the recommendation of the Planning &Zoning Commission relative to the preliminary plat of A. C. Stone and take any necessary action. 18. Consider the recommendation of the Planning &Zoning Commission relative to the final plat of Lot 1, Block 1, A. C. Stone and take any necessary action. 19. Consider the recommendation of the Planning &Zoning Commission relative to the final plat of Lots 1 and 2, Block 1, Alise Brown Addition and take any necessary action. 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 12th day of December, 2008 at 5:00 p.m. Lin s a Huff City Secretary AGENDA CITY OF GRAPEVINE SPECIAL BRIEFING SESSION PLANNING & ZONING COMMISSION TUESDAY, DECEMBER 16, 2008 AT 7:00 P.M. PLANNING & ZONING CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER WORK SESSION 1. Planning & Zoning Commission to conduct a briefing session to discuss items scheduled to be heard in the December 16, 2008 public hearing. ADJOURNMENT If you plan to attend this briefing session and you have a disability that requires special arrangements at the meeting, please contact the office of Development Services at (817) 410-3154 at least 24 hours in advance. 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 Planning and Zoning Commission Briefing Session Agenda was prepared and posted on this the 12th day of December, 2008 at 5:00 p.m. %le-i-f Lin a Huff City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, DECEMBER 16, 2008 AT 7:30 P.M. 4 4 PLANNING & ZONING COMMISSION CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET NEW BUSINESS 1. Consider Zoning Application Z08-09 (222 Starnes LP)and make a recommendation to the City Council. 2. Consider Conditional Use Application CU08-33 (Marshall Grain Company) and make a recommendation to the City Council. 3. Consider Special Use Application SU08-05 (Chesapeake Energy) and make a recommendation to the City Council. 4. Consider the preliminary plat of A. C. Stone and make a recommendation to the City Council. 5. Consider the final plat of Lot 1, Block 1, A. C. Stone and make a recommendation to the City Council. 6. Consider the final plat of Lots 1 and 2, Block 1, Alise Brown Addition and make a recommendation to the City Council. CONSIDERATION OF MINUTES 7. Consider the minutes of the November 18, 2008 Planning & Zoning Commission meetings and take any necessary action. 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 Planning & Zoning Commission Meeting Agenda was prepared and posted on this the 12th day of December, 2008 at 5:00 p.m. ASO- Lind. Huff /t 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 Regular Joint Session on this the 16th day of December 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 Mayor C. Shane Wilbanks Mayor Pro Tem Sharron Spencer Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with the following members of the Planning &Zoning Commission: Larry Oliver Chairman Betty "BJ" Wilson Member Monica Hotelling Member Jim Fechter Member Gary Martin Member Wayne Szot Alternate Elaine Martin Alternate constituting a quorum, with Vice Chairman Herb Fry and Commissioner Mark Lowery absent, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager Matthew Boyle Assistant City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:39 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Szot delivered the Invocation and led the Pledge of Allegiance. ITEM 1. PRESENTATION, "CHRISTMAS MUSIC AND LIGHT SHOW IN TOWN SQUARE" 12/16/08 Parks & Recreation Director Doug Evans presented a video of the "Christmas Music and Light Show in Town Square"and recognized Tony Steele and Randy Sell of the Parks & Recreation Department who coordinated the music and light show. All of the Parks & Recreation Department and Convention &Visitors Bureau employees that had a part in the installation of Christmas lights and decorations in Grapevine were also recognized. ITEM 2. PUBLIC HEARING, ZONING APPLICATION Z08-09 222 STARNES LP Mayor Tate declared the public hearing open. Planner Albert Triplett reported that Zoning Application Z08-09 had been filed by 222 Starnes LP requesting rezoning of approximately 0.321 acres from "R-5.0" Zero Lot Line District Regulations to"PO" Professional Office District Regulations for the development of a 1,700 square foot office building. The subject property is located at 222 North Starnes Street. If approved, this would be the first reading of the ordinance as the property is non- compliant with the City's Master Plan relative to lot width and would appear before the Board of Zoning Adjustment. Mr. John Scott requested favorable consideration of the application. City Council and the Planning & Zoning Commission questioned the zoning of the properties adjacent to the request and Staff responded that the property to the south is low intensity commercial ("PO" Professional Office District Regulations) and to the north and west is zoned residential. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Martin, seconded by Commissioner Hotelling, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Wilson, Hotelling, Fechter, Martin, Szot & E. Martin Nays: None Absent: Fry & Lowery Council Member Coy, seconded by Council Member Lease, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 3. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU08-33 MARSHALL GRAIN COMPANY 2 12/16/08 Mayor Tate declared the public hearing open. Planner Triplett reported that Conditional Use Application CU08-33 had been filed by Marshall Grain Company requesting a conditional use permit for outdoor storage and a 20 foot pole sign in conjunction with a garden and pet supply company. The subject property is located at 3525 William D. Tate Avenue and is zoned "CC" Community Commercial District Regulations. The retail store/greenhouse will contain approximately 22,000 square feet with approximately 41,500 square feet behind the store being utilized as an outdoor display storage area. The outdoor display area will be screened by a six foot wooden fence adjacent to Bear Run Drive and the 20 foot pole sign will be south of the main entrance along William D. Tate Avenue. Mr. James Connelley requested favorable consideration of the application. City Council and the Planning &Zoning Commission questioned if there would be any live animals on the property, would all pet supplies be stored inside and would any outside storage be above the six foot fence. Mr. Connelley responded there would be no live animals, all pet food would be stored inside and there would not be any outside storage above the six foot fence. Mayor Tate invited guests present to comment regarding the application. The following guests spoke: Mr. Stephen Eisner, 200 Man of War, Burleson, expressed his support for the application. Mr. Jerry Pittman, 2627 Eagle Drive, noted concern relative to the location of the pole sign at the south entrance to the property. He proposes to develop an office building adjacent to the property and prefers the sign to be further north. Mr. Milan Vesely, 3608 Soft Wind Court, stated that the Bear Run Home Owners Association supports the application with the condition that the pole sign be relocated to the north of the property. City Secretary Huff reported the Council and Commission had been copied the one letter of opposition for the application. Commissioner Fechter, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Wilson, Hotelling, Fechter, Martin, Szot & E. Martin Nays: None Absent: Fry & Lowery Mayor Pro Tern Wilbanks, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: 3 12/16/08 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 4. PUBLIC HEARING, SPECIAL USE APPLICATION SU08-05 CHESAPEAKE ENERGY Mayor Tate declared the public hearing open. Planner Triplett reported that Special Use Application SU08-05 had been filed by Chesapeake Energy requesting a special use permit for gas well drilling on property located at 3740 Euless-Grapevine Road. The subject property is zoned "PID" Planned Industrial Development District. The applicant proposes to drill three wells on the site. A six foot masonry screening wall is proposed after the site transitions to the production phase with additional landscaping to be provided along the northern edge of the drill site within potential view of the warehouse/freight-forwarding operation. All landscaping will be maintained by an in-ground irrigation system. Mr. Jonathan Fauchenberry requested favorable consideration of the application. He addressed the setbacks required by the City's ordinances, as well as screening, in-ground irrigation and any necessary street repairs. He noted that the first well is planned to be drilled in November 2009 and could not confirm when the other two wells would be underway. Brief discussion ensued relative to additional landscaping on the site. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Martin, seconded by Commissioner Hotelling, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Wilson, Hotelling, Fechter, Martin, Szot & E. Martin Nays: None Absent: Fry & Lowery 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, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 5. PUBLIC HEARING, FINAL PLAT LOTS 1 AND 2, BLOCK 1,ALISE BROWN ADDITION, REPLAT OF LOT 12, BLOCK 118, CLIFTON H. JONES ADDITION TO COLLEGE HEIGHTS AND A 0.077 ACRE TRACT OF LAND Mayor Tate declared the public hearing open. 4 12/16/08 Senior Civil Engineer Scott Dyer reported that Mr. Dennis Alise had filed the application for the final plat of Lots 1 and 2, Block 1, Alise Brown Addition being a replat of Lot 12, Block 118, Clifton H. Jones Addition to College Heights and a 0.077 acre tract of land. The subject property is located at 531 Austin Street and is zoned "R-7.5" Single Family District Regulations. The property is being platted to build two single family residences. 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 Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Wilson, Hotelling, Fechter, Szot & E. Martin Nays: None Absent: Fry & Lowery Council Member Spencer, seconded by Council Member Coy,offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy 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 6. ORDINANCE, ISSUANCE OF CITY OF GRAPEVINE,TAX NOTES, SERIES 2008 Administrative Services Director John McGrane requested approval of an ordinance providing for the issuance of City of Grapevine, Tax Notes, Series 2008, in the aggregate principal amount of$4,260,000; awarding the sale of said notes; levying a tax in payment thereof; prescribing the form of said notes; and approving the official statement. He stated they were competitively bid and resulted in a true interest cost of 3.88% on the Tax Notes. Proceeds from the sale of the Tax Notes will be used for the public purpose of providing funds for the demolition of existing structures in the 600 block of Main Street; the design, engineering and construction of facilities for the Convention&Visitors Bureau and payment of costs and expenses associated with issuing the Notes. 5 12/16/08 Motion by Council Member Spencer, seconded by Council Member Stewart,to approve the ordinance as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2008-74 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE ISSUANCE AND SALE OF CITY OF GRAPEVINE, TEXAS, TAX NOTES, SERIES 2008, IN THE AGGREGATE PRINCIPAL AMOUNT OF $4,260,000; AWARDING THE SALE OF SAID NOTES; LEVYING A TAX IN PAYMENT THEREOF, PRESCRIBING THE FORM OF SAID NOTES; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT ITEM 7. RESOLUTION, APPROVE ADVANCED FUNDING AGREEMENT, TEXAS DEPARTMENT OF TRANSPORTATION, SAFE ROUTES TO SCHOOL PROGRAM Deputy Director of Public Works Stan Laster recommended approval of a resolution approving an advanced funding agreement with the Texas Department of Transportation for a sidewalk program on Wildwood Drive as part of a Safe Routes to School Program. The 1,200 feet of sidewalk along Wildwood Drive between Dooley Street and Boyd Drive was selected by the State for grant funding. The project is estimated to cost$98,713 and will be completely funded by the Grant. Motion by Mayor Pro Tem Wilbanks, seconded by Council Member Freed, to approve the resolution as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2008-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AUTHORIZING A LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION ADDRESSING FUNDING PARTICIPATION LEVEL AND PROJECT SCOPE FOR THE SILVER LAKE ELEMENTARY SCHOOL PROJECT WITHIN THE CITY OF GRAPEVINE; AND PROVIDING AN EFFECTIVE DATE ITEM 8. AUTHORIZE PARKING LOT LEASE AGREEMENTS, GREGORY INVESTMENTS AND FIRST UNITED METHODIST CHURCH 6 12/16/08 Public Works Director Matt Singleton recommended approval of Parking Lot Lease Agreements with Gregory Investments and the First United Methodist Church (FUMC)for parking lots at the corner of Barton Street and Worth Street and on Ball Street south of the Mitchell House. The proposed parking lot on the northwest corner of Worth Street and Barton Street will be on property owned by Izak and Joe Gregory. The lot will provide approximately 46 spaces and will be available for City use during festivals in the downtown area. The term of the lease is for 10 years and the cost is $46,152 that will be paid from the Convention &Visitors Bureau festival account. The proposed parking lot on Ball Street will be constructed on FUMC owned property immediately south of the Mitchell House and will provide approximately 127 spaces. The lot will be open to the public in support of the Heritage Park, the Botanical Gardens, the Mitchell House and Nash Farms and will be available to the City for use during festivals. The church will have the right to use the parking lot for religious holidays such as Christmas and Good Friday and on Sundays. The term of the lease is 20 years and the cost for construction is $209,021 with FUMC providing $100,000 and the remainder will be funded by the Quality of Life Fund. Public Works Staff will construct the two lots. Motion by Council Member Spencer, seconded by Council Member Lease,to approve the Parking Lot Lease Agreements as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 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 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 9. Authorize Purchase Aerial Mounted Fire Truck and Pumper Fire Truck Fire Chief recommended approval of the authorization for a purchase order to Martin Apparatus, Inc. for the purchase on one (1) 75 foot Aerial Mounted Fire Truck and one (1) Pumper Fire Truck in the total amount of $1,185,199.00. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 10. Renew Curb and Gutter Concrete Construction Services Annual Contract 7 12/16/08 Public Works Director recommended approval of the renewal of the Curb and Gutter Concrete Construction Services Annual Contract to Manning Concrete. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 11. Renew Lamps and Lighting Products Annual Contract Public Works Director recommended approval of the renewal of the Lamps and Lighting Products Annual Contract to Voss Lighting. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 12. Renew Portable Toilet and Hand Sanitizer Services Annual Contract Parks & Recreation Director recommended approval of the renewal of the Portable Toilet "" and Hand Sanitizer Services Annual Contract for City events to National Construction Rentals. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 13. Consideration of Minutes City Secretary recommended approval of the minutes of the December 2, 2008 City Council meetings as published. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RECESS AND RECONVENE Mayor Tate announced the City Council would take a brief recess. 8 12/16/08 Upon reconvening in the City Council Chambers, all members of the City Council were present. ITEM 14. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z08-09 222 STARNES LP Chairman Larry Oliver reported the Planning & Zoning Commission voted 6-0-1 for denial of Zoning Application Z08-09 filed by 222 Starnes LP requesting rezoning of approximately 0.321 acres from "R-5.0" Zero Lot Line District Regulations to "PO" Professional Office District Regulations for the development of an office building. The subject property is located at 222 North Starnes Street. Council Member Spencer, seconded by Council Member Coy, offered a motion to accept the Commission's recommendation and deny the application. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 15. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU08-33 MARSHALL GRAIN COMPANY Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU08-33 with the condition that the pole sign be moved to a location north of a projected line perpendicular to the right-of-way from the southwest corner of the greenhouse. The application was filed by Marshall Grain Company and approval grants a conditional use permit for outdoor storage and a 20 foot pole sign in conjunction with a garden and pet supply company. The subject property is located at 3525 William D. Tate Avenue and is zoned "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 with the conditions for the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2008-75 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 9 12/16/08 GRANTING CONDITIONAL USE PERMIT CU08-33 FOR A GARDEN AND PET SUPPLY STORE WITH OUTDOOR STORAGE AND A 20-FOOT POLE SIGN 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 16. PLANNING & ZONING COMMISSION RECOMMENDATION SPECIAL USE APPLICATION SU08-05 CHESAPEAKE ENERGY Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Special Use Application SU08-05 filed by Chesapeake Energy with the condition that within . 90 days of the completion of fracing the first well, the masonry wall and landscaping be completed and that the landscaping on the east side of the drilling site include wax myrtles placed 10 feet apart on center and one three inch caliber canopy three from the approved tree list every 50 lineal feet. Approval of the application grants a special use permit for gas well drilling on property located at 3740 Euless-Grapevine Road. The subject property is zoned "PID" Planned Industrial Development District. Council Member Freed, seconded by Mayor Pro Tern Wilbanks, offered a motion to accept the Commission's recommendation and approve the ordinance with the conditions for the special use permit. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2008-76 AN ORDINANCE ISSUING A SPECIAL USE PERMIT IN ACCORDANCE WITH SECTION 49 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 SPECIAL USE PERMIT SU08-05 TO ALLOW 10 12/16/08 GAS WELL DRILLING AND PRODUCTION IN A NONRESIDENTIAL ZONING DISTRICT IN A DISTRICT ZONED "PID" PLANNED INDUSTRIAL DEVELOPMENT DISTRICT UNDER CITY OF GRAPEVINE ORDINANCE NO. 82-73 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 SPECIAL 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 17. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT, A. C. STONE Chairman Oliver reported the Planning &Zoning Commission voted 7-0 for approval of the Statement of Findings and the preliminary plat of A. C. Stone filed by Chesapeake Energy. The subject 88.67 acres is located west of Euless-Grapevine Road and north of State Highway 360. The property is being platted to drill gas wells and it is zoned "PID" Planned Industrial Development. Mayor Pro Tern Wilbanks, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the preliminary plat of A. C. Stone. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 18. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT, A. C. STONE Chairman Oliver reported the Planning &Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1, Block 1, A. C. Stone filed by Chesapeake Energy. The subject 8.81 acres is located west of Euless-Grapevine Road and north of State Highway 360. The property is being platted to drill gas wells and it is zoned "PID" Planned Industrial Development. 11 12/16/08 Council Member Freed, seconded by Council Member Coy, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 1, Block 1, A. C. Stone. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 19. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1 AND 2, BLOCK 1, ALISE BROWN ADDITION Chairman Oliver reported the Planning &Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 1 and 2, Block 1, Alise Brown Addition filed by Mr. Dennis Alise. The 0.47 acre property is located at 531 Austin Street and is being platted to build two single family residences. Council Member Spencer, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lots 1 and 2, Block 1, Alise Brown Addition. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ADJOURNMENT Mayor Pro Tem Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 9:00 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of January, 2009. APPROVED: *j2574 William D. Tate Mayor 12 12/16/08 ATTEST: Lind Huff City Secretary 13