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HomeMy WebLinkAbout2009-03-24 Joint Meeting AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING WORKSHOP TUESDAY, MARCH 24, 2009 AT 6:00 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER 1. Discuss Cities Aggregation Power Projects (CAPP) legislative agenda. 2. Discuss Texas High Speed Rail Corporation. 3. Discuss electricity generating wind turbines. 4. Discuss Visitor Transportation System. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at(817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature,the Special City Council Meeting Workshop Agenda was prepared and posted on this the 20th day of March, 2009 at 5:00 p.m. O _ Lind Huff City Secretary r'4 STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 24th day of March, 2009 at 6:00 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to-wit: William D. Tate Mayor 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 Doug Conner Assistant City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the workshop to order at 6:10 p.m. ITEM 1. DISCUSS CITIES AGGREGATION POWER PROJECTS (CAPP) LEGISLATIVE AGENDA Assistant Director of Transportation and Utilities Ramana Chinnakotla briefed the City Council noting that the current legislative session is well underway and that last month Cities Aggregation Power Projects (CAPP) urged member cities to express support to its legislative agenda through a resolution. The proposed legislation aims to transition the electric market from a deregulated market to a truly competitive one by limiting market power, eliminating cost shifting, and creating competitive options for all customers. There was no formal action taken by the City Council. ITEM 2. DISCUSS TEXAS HIGH SPEED RAIL CORPORATION City Manager Bruno Rumbelow discussed the Texas High Speed Rail Corporation that would connect the major cities and major airports along the State Highway 35 corridor including Houston. The annual dues to join the corporation will be$12,500.00 and the City of Grapevine would have an elected official serve on the Board. 03/24/09 It was the consensus of the Council for Staff to bring an item forward for formal consideration. There was no formal action taken by the City Council. ITEM 3. DISCUSS ELECTRICITY GENERATING WIND TURBINES Development Services Director Scott Williams briefed the City Council regarding electric generating wind turbines for residential use and what area cities were permitting. He stated that Grapevine's current residential zoning districts would restrict/prohibit wind turbines due to the noise, height and set back requirements. Discussion ensued that future consideration be given to commercial uses under a special use permit. There was no formal action taken by the City Council. ITEM 4. DISCUSS VISITOR TRANSPORTATION SYSTEM Convention & Visitors Bureau Director P. W. McCallum reviewed the proposed Visitor Transportation System that would include four routes and have riders on the shuttles approximately 20 minutes from their hotel to their destination. Discussion ensued relative to the Council preferring trolley cars rather than shuttle buses. It was the consensus of the Council for Staff to bring an item forward for formal consideration. There was no formal action taken by the City Council. ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the workshop at 7:10 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 7th day of April, 2009. APPROVED: William D. Tate Mayor 2 03/24/09 ATTEST: Linda Huff City Secretary 3 AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, MARCH 24, 2009 AT 7:00 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER EXECUTIVE SESSION 1. City Council to conduct a closed session relative to: A. 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 20th day of March, 2009 at 5:00 p.m. Linda Huff City Secretary tkg } 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 24th day of March, 2009 at 7:00 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to-wit: William D. Tate Mayor 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 Doug Conner Assistant City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:15 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. RECESS AND RECONVENE Mayor Tate announced the City Council would recess the Executive Session to conduct the Joint City Council and Planning & Zoning Commission meeting. All members of the City Council were present upon reconvening in the City Council Conference Room to continue the Executive Session. Upon reconvening in open session in the Council Chambers, Mayor Tate asked if there 03/24/09 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: The City Council continued with the Regular City Council Meeting. ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the meeting at 9:05 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 7th day of April, 2009. APPROVED: William D. Tate POMP Mayor ATTEST: cxe.44:ve., gilts Linda Huff City Secretary wow 2 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL PLANNING & ZONING COMMISSION MEETING TUESDAY, MARCH 24, 2009 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE: Commissioner Monica Hotelling PRESENTATION 1. Report on the Great American Clean-Up at Dove Park and Parr Park. JOINT PUBLIC HEARINGS 2. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU09-03 and application for the final plat of Lots 14R-1 and 18, Block 1, Towne Center Addition No. 2 being a replat of Lot 14R, Block 1, Towne Center Addition No. 2. The applications were filed by QuikTrip requesting a conditional use permit to amend the site plan approved by Ordinance No. 2008-71 for gasoline services and the possession, storage, retail sale and off- premise consumption of alcoholic beverages (beer and wine) and two monument signs in conjunction with a convenience store. The subject property is located at 801 Ira E. Woods Avenue and is zoned "CC" Community Commercial District Regulations. 3. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU09-05 filed by Hill School of Grapevine requesting a conditional use permit for the expansion of an existing educational institution. The subject property is located at 204 North Dooley Street and is zoned "CC" Community Commercial District Regulations. 4. City Council and Planning &Zoning Commission to conduct a public hearing relative to Planned Development Overlay PD09-02 filed by Sons Enterprises requesting a planned development overlay for a residence on the second floor of an exiting structure. The subject property is located at 412 South Main Street and is zoned "CBD" Central Business 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 20th day of March, 2009 at 5:00 p.m. Lind. Huff City Secretary SUPPLEMENTAL AGENDA REGULAR CITY COUNCIL MEETING CITY OF GRAPEVINE, TEXAS TUESDAY, MARCH 24, 2009 AT 7:30 P.M. PRESENTATION 4A. Presentation by Patillo, Brown & Hill of the City's annual audit for fiscal year ending September 30, 2008 in compliance with the City Charter, Article 3, Section 3.4. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Regular City Council Meeting Supplemental Agenda was prepared and posted on this the 20th day of March, 2009 at 5:00 p.m. Lin a Huff 4.(---16 City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, MARCH 24, 2009 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CITIZEN COMMENTS NEW BUSINESS 5. Consider a resolution of Intent to authorize the issuance of Certificates of Obligation and take any necessary action. 6. Consider approval of the Tarrant County contract with Patco Utilities for the 34th Year Community Development Block Grant Waterline Replacement Project and take any necessary action. 7. Consider a resolution approving the Local Project Advance Funding Agreement (LPAFA) amendment with TxDOT for the Traffic Signal Retiming Project and take any necessary action. 8. Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 12 "h Health and Sanitation, Article VI Nuisances relative to junk vehicles and take any necessary action. 9. Consider a resolution endorsing Cities Aggregation Power Projects (CAPP) legislation and take any necessary action. 10. Consider a resolution canceling the May 9, 2009 City Officer Election 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. 11. Consider the first addendum to the Tax Increment Finance Reimbursement Agreement with Grapevine Ice House, a subsidiary of American Skating Entertainment Centers. Assistant City Manager recommends approval. 12. Consider the request submitted by Inwood Estates Vineyards for Conditional Use Permit CU08-09 for a one-year extension to expire on April15, 2010 to establish a wine tasting room for on and off premise consumption of alcoholic beverages (wine only) in conjunction with an existing coffee shop on property located at 603 South Main Street, Suite 303. Development Services Director recommends approval. 13. Consider a resolution approving the Diesel Fuel Annual Contract with Martin Eagle Oil Company, Inc. through an existing interlocal agreement with the City of Fort Worth. Public Works Director recommends approval. 14. Consider award of Bid 314-2009 Horticultural Chemical Annual Contract to UAP/Crop Production Services; Helena Chemical Company; BWI Companies Inc.; Lesco/John Deere Landscapes; Estes Inc.; Justin Seed Co., Inc.; Innovative Turf Supply and Red River Specialties. Parks & Recreation Director recommends approval. 15. Consider the minutes of the March 3, 2009 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 16. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU09-03 (QuikTrip) and a subsequent ordinance, if applicable. 17. Consider the recommendation of the Planning &Zoning Commission relative to the final plat of Lots 14R-1 and 18, Block 1, Towne Center Addition No. 2 ad take any necessary action. 18. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU09-05 (Hill School of Grapevine)and a subsequent ordinance, if applicable. 19. Consider the recommendation of the Planning & Zoning Commission relative to Planned Development Overlay PD09-02 (Sons Enterprises) and a subsequent ordinance, if applicable. 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 * y 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 20th day of March, 2009 at 5:00 p.m. Linda uff City Secretary ....., AGENDA CITY OF GRAPEVINE m4. SPECIAL BRIEFING SESSION PLANNING & ZONING COMMISSION TUESDAY, MARCH 24, 2009 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 March 24, 2009 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 20th day of March, 2009 at 5:00 p.m. 2 4f.dl4 Linda Huff /r City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, MARCH 24, 2009 AT 7:30 P.M. PLANNING & ZONING COMMISSION CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET NEW BUSINESS 1. Consider Conditional Use Application CU09-03 (QuikTrip) and make a recommendation to the City Council. 2. Consider the final plat of Lots 14R-1 and 18, Block 1, Towne Center Addition No. 2 and make a recommendation to the City Council. 3. Consider Conditional Use Application CU09-05(Hill School of Grapevine)and make a recommendation to the City Council. 4. Consider Planned Development Overlay PD09-02 (Sons Enterprises) and make a recommendation to the City Council. 5. Consider Parking Plan Application PP09-01 filed by Mr.Ward Hayworth for 305 and 311 East Wall Street, Tracts 43 and 44A, Abstract 946, A. F. Leonard Survey and take any necessary action. CONSIDERATION OF MINUTES 6. Consider the minutes of the February 17, 2009 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 20th day of March, 2009 at 5:00 p.m. Lind Huff -- 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 24th day of March, 2009 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 Herbert Fry Vice Chairman Betty "BJ" Wilson Member Mark Lowery Member Monica Hotelling Member Gary Martin Member Elaine Martin Alternate constituting a quorum, with Commissioner Jim Fechter and Alternate Wayne Szot absent, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager Doug Conner Assistant City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:40 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Hotelling delivered the Invocation and led the Pledge of Allegiance. 03/24/09 ITEM 1. UPDATE ON GREAT AMERICAN CLEAN-UP, DOVE PARK AND PARR PARK Mayor Tate announced that this item would be presented at the April 7, 2009 City Council meeting. ITEM 2. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU09-03, QUIKTRIP AND FINAL PLAT LOTS 14R-1 AND 18, BLOCK 1, TOWNE CENTER ADDITION NO. 2, REPLAT OF LOT 14R, BLOCK 1, TOWNE CENTER ADDITION NO. 2 Mayor Tate declared the public hearing open. Planner Albert Triplett advised QuikTrip had filed applications for Conditional Use Application CU09-03 and for the final plat of Lots 14R-1 and 18, Block 1, Towne Center Addition No. 2 being a replat of Lot 14R, Block 1, Towne Center Addition No. 2. The conditional use permit requests to amend the site plan approved by Ordinance No. 2008- 71 for gasoline services and the possession, storage, retail sale and off-premise consumption of alcoholic beverages (beer and wine) and two monument signs in conjunction with a convenience store. The subject property is located at 801 Ira E. Woods Avenue and is zoned "CC" Community Commercial District Regulations. Mr. John Barron requested favorable consideration of the application noting that the 5,000 MIR square foot convenience store will have 16 gasoline service areas and will be open 24 hours a day, 365 days a year. The Planning & Zoning Commission questioned whether the lighting in the canopies was recessed. Mr. Barron responded it was not. Mayor Tate invited guests present to comment regarding the application. Ms. Dilshad Ismail, 1111 Ball Street, owner of the Shell station, expressed opposition to the large station that would affect the small business owners in the area. City Secretary Huff reported the City Council and Commission had been copied the two letters of opposition and the one letter of concern. Commissioner Wilson, seconded by Commissioner Fry, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Lowery, Hotelling, Martin & E. Martin Nays: None Absent: Fechter & Szot gone Council Member Lease, seconded by Mayor Pro Tern Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: 03/24/09 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 3. PUBLIC HEARING CONDITIONAL USE APPLICATION CU09-05, HILL SCHOOL Mayor Tate declared the public hearing open. Planner Triplett advised Conditional Use Application CU09-05 had been filed by Hill School of Grapevine requesting a conditional use permit for the expansion of an existing educational institution. The subject property is located at 204 North Dooley Street and is zoned "CC" Community Commercial District Regulations. The private elementary/middle school occupies 13,847 square feet and proposes to expand by 5,000 square feet. Mr. Greg Owens, Executive Director of Hill School, requested favorable consideration of the application to expand the school that serves special needs children. 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 City Secretary Huff reported the Council and Commission had been copied the one letter of support. Commissioner Hotelling, seconded by Commissioner E. Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Lowery, Hotelling, Martin & E. Martin Nays: None Absent: Fechter& Szot Mayor Pro Tern Wilbanks, 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 4. PUBLIC HEARING, PLANNED DEVELOPMENT OVERLAY PD09-02 SONS ENTERPRISES Note: Council Member Freed left the Council Chambers. Mayor Tate declared the public hearing open. Planner Triplett reported that Planned Development Overlay PD09-02 had been filed by Sons Enterprises requesting a planned development overlay for a residence on the second floor of an exiting structure. The subject property is located at 412 South Main Street and 3 03/24/09 is zoned "CBD" Central Business District Regulations. The proposed residence comprised of 1,750 square feet will have separate entrances from both Main Street and Barton Street with two parking spaces on Barton Street. Mr. Bob Mundlin 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 City Secretary Huff reported the Council and Commission had been copied the one letter of support. Commissioner Fry, seconded by Commissioner Lowery, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Lowery, Hotelling, Martin & E. Martin Nays: None Absent: Fechter & Szot Council Member Coy, seconded by Council Member Spencer, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy """" Nays: None Absent: Freed Note: Council Member Freed returned to the Council Chambers. 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 4B. PRESENTATION, 2008 FINANCIAL AUDIT Administrative Services Director John McGrane introduced Mr. Todd Pruitt, Partner in Charge of Patillo, Brown & Hill, who presented their audit of the City's 2008 financial statements in compliance with the requirements of the City Charter,Article 3, Section 3.14. Mr. Pruitt reported the opinion letter states that the financial statements of the City of Grapevine present fairly the financial position of the City. The opinion rendered is an "unqualified opinion" meaning that there were no material exceptions found to the fairness PAW criteria under which the records were analyzed. 4 03/24/09 The management letter noted some recommendations relative to the FEMA grant reimbursements and they are being monitored more closely by the Fire Department. The audit also includes an audit of the Tax Increment Financing Districts (TIF's 1 and 2) and a single audit of all Federal Grant Awards, which were also free of material exceptions. There was no formal action required by the City Council. ITEM 5. RESOLUTION, INTENT TO AUTHORIZE ISSUANCE OF CERTIFICATES OF OBLIGATION Administrative Services Director John McGrane recommended approval of a Resolution of Intent to authorize the issuance of Certificates of Obligation for the purchase of new equipment for Fire, Police and Golf Departments and the funding for construction of the Convention & Visitors Bureau office building. The not to exceed amount for the Certificates of Obligation is $9,250,000.00. The sale of the certificates will be held at the May 5, 2009 City Council meeting. Motion by Council Member Stewart, 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. 2009 -08 A RESOLUTION OF THE CITY OF GRAPEVINE, TEXAS, RELATING TO THE GIVING OF NOTICE OF INTENTION TO ISSUE CITY OF GRAPEVINE, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2009 AND PROVIDING AN EFFECTIVE DATE ITEM 6. APPROVE TARRANT COUNTY CONTRACT, 34TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT WATERLINE REPLACEMENT PROJECT Deputy Director of Public Works Stan Laster recommended approval of the Tarrant County contract in the amount of $94,600.24 with Patco Utilities for the 34th Year Community Development Block Grant Waterline Replacement Project in Worth Street between Wood and Ruth Streets and authorization for Staff to forward the recommendation to Tarrant County officials. Motion by Council Member Spencer, seconded by Council Member Coy, to approve the Tarrant County contract as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 5 03/24/09 ITEM 7. RESOLUTION APPROVE LOCAL PROJECT ADVANCE FUNDING AGREEMENT AMENDMENT Assistant Director of Transportation and Utilities Ramana Chinnakotla recommended approval of a resolution approving the Local Project Advance Funding Agreement (LPAFA) amendment with TxDOT for the Traffic Signal Retiming Project. There are 58 signals City wide, 18 signals are on City owned streets and 40 signals are on State highways. North Central Texas Council of Governments separated the project into two agreements, one for City signals and one for State signals. This agreement with the State will take care of the state portion of the project (40 signals). Approval of the agreement allows the City to implement the entire project as one. The entire state system cost, ($749,834), is funded through federal ($599,867) and state ($149,967) funds and does not require a City contribution. Motion by Council Member Freed, seconded by Mayor Pro Tern Wilbanks, to approve the resolution as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2009 -09 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 ADDRESSING FUNDING PARTICIPATION LEVEL AND PROJECT SCOPE FOR SIGNAL RE- TIMING AND DETECTOR REPLACEMENT PROJECT WITHIN THE CITY OF GRAPEVINE; AND PROVIDING AN EFFECTIVE DATE ITEM 8. ORDINANCE AMEND CHAPTER 12 HEALTH AND SANITATION Development Services Director Scott Williams recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 12 Health and Sanitation, Article VI Nuisances relative to junk vehicles and the City's right to prosecute junk vehicle violations. Motion by Council Member Freed, seconded by Council Member Spencer, to approve the ordinance as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2009 -06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE CODE OF ORDINANCES CHAPTER 12 HEALTH AND SANITATION, 0 03/24/09 ARTICLE VI, NUISANCES, SECTION 12 -123, PUBLIC HEARING, SECTION 12 -126, EXEMPTIONS, SECTION 12 -128 SUBSECTION 3, AND COMPLAINT, SECTION 12- 130; PROVIDING THAT ALL ORDINANCES IN CONFLICT HEREWITH ARE HEREBY REPEALED TO THE EXTENT THEY ARE IN CONFLICT; PROVIDING A SAVINGS CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 9. RESOLUTION, ENDORSE CITIES AGGREGATION POWER PROJECTS LEGISLATION Assistant Director of Transportation and Utilities Chinnakotla recommended approval of a resolution endorsing Cities Aggregation Power Projects (CAPP) legislation. The CAPP Board of Directors has voted to authorize certain legislative efforts on behalf of its members during the 81St Texas Legislative Session. CAPP believes it can capitalize on the presence its members established in the last three legislative sessions to apprise legislators of CAPP Cities' perspective on electric issues and to recommend legislative action that aims to transition the electric market from a deregulated market to a truly competitive one by limiting market power, eliminating cost shifting, and creating competitive options for all customers. Motion by Mayor Pro Tern 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. 2009 -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ENDORSING CERTAIN LEGISLATIVE CHANGES TO ENHANCE THE COMPETITIVE ELECTRIC MARKET SUPPORTED BY CITIES AGGREGATION POWER PROJECT, INC. AND PROVINDING AN EFFECTIVE DATE ITEM 10. RESOLUTION CANCEL 2009 CITY OFFICER ELECTION City Secretary Linda Huff presented the Council a Certification of Unopposed Candidates stating that all candidates to appear on the ballot were unopposed. Therefore, in accordance with the Texas Election Code, Chapter 2, City Secretary Huff recommended approval of a resolution canceling the May 9, 2009 City Officer Election and declaring that the following unopposed candidates be elected to office: William D. Tate Mayor C. Shane Wilbanks Council Member Place 1 Sharron Spencer Council Member Place 2 7 03/24/09 The Certificates of Election and Oaths of Office will be given at the May 19, 2009 City Council meeting. Motion by Council Member Stewart, seconded by Council Member Coy, to approve the resolution canceling the 2009 election and declare the unopposed candidates elected as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2009 -11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS CANCELLING THE MAY 9, 2009 REGULAR CITY OFFICER ELECTION AND DECLARING EACH UNOPPOSED CANDIDATE ELECTED TO OFFICE; REPEALING INCONSISTENT RESOLUTIONS 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 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 11. First Addendum, Tax Increment Finance Reimbursement Agreement, Grapevine Ice House Assistant City Manager recommended approval of the first addendum to the Tax Increment Finance Reimbursement Agreement with Grapevine Ice House, a subsidiary of American Skating Entertainment Centers. The current agreement and the addendum will terminate September 4, 2010. Motion by Council Member Coy, 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. One Year Extension Conditional Use Permit CU08 -09 Inwood Estates Vineyards Development Services Director recommended approval of the request submitted by Inwood Estates Vineyards for Conditional Use Permit CU08 -09 for a one -year extension to expire on April15, 2010. The conditional use is to establish a wine tasting room for on and PIP 03/24/09 off premise consumption of alcoholic beverages (wine only) in conjunction with an existing coffee shop on property located at 603 South Main Street, Suite 303. Motion by Council Member Coy, 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. Resolution, Diesel Fuel Annual Contract, Martin Eagle Oil Company Inc. Public Works Director recommended approval of a resolution approving the Diesel Fuel Annual Contract with Martin Eagle Oil Company, Inc. in an amount not to exceed the budgeted amount of $410,000.00 through an existing interlocal agreement with the City of Fort Worth. Motion by Council Member Coy, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2009 -12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO PURCHASE DIESEL FUEL THROUGH AN ESTABLISHED INTERLOCAL AGREEMENT AND PROVIDING AN EFFECTIVE DATE Item 14. Award Bid 314 -2009 Horticultural Chemical Annual Contract Parks & Recreation Director recommended approval of the award of Bid 314 -2009 Horticultural Chemical Annual Contract to UAP /Crop Production Services; Helena Chemical Company; BWI Companies Inc.; Lesco /John Deere Landscapes; Estes Inc.; Justin Seed Co., Inc.; Innovative Turf Supply and Red River Specialties. Motion by Council Member Coy, 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 15. Consideration of Minutes City Secretary recommended approval of the minutes of the March 3, 2009 City Council meetings as published. 9 03/24/09 Motion by Council Member Coy, 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 recess to continue the Executive 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 under Section 551.087, Texas Government Code. All members of the City Council were present upon reconvening in the City Council Conference Room to continue the Executive Session. 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. ITEM 16. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU09 -03 QUIKTRIP Planning & Development Manager Ron Stombaugh reported the Planning & Zoning Commission voted 7 -0 for approval of Conditional Use Application CU09 -03 with the condition that the lighting elements be recessed into the canopy. Approval of the application filed by QuikTrip grants a conditional use permit to amend the site plan approved by Ordinance No. 2008 -71 for gasoline services and the possession, storage, retail sale and off - premise consumption of alcoholic beverages (beer and wine) and two monument signs in conjunction with a convenience store. The subject property is located at 801 Ira E. Woods Avenue and is zoned "CC" Community Commercial District Regulations. Council Member Coy, seconded by Council Member Lease, offered a motion to accept the Commission's recommendation with the condition and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Stewart, Freed, Lease & Coy Nays: Spencer ORDINANCE NO. 2009 -07 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN 10 03/24/09 ITEM 17. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 14R -1 AND 18, BLOCK 1, TOWNE CENTER ADDITION NO. 2 Planning & Development Manager Stombaugh reported the Planning & Zoning Commission voted 7 -0 for approval of the Statement of Findings and the final plat of Lots 14R -1 and 18, Block 1, Towne Center Addition No. 2. The 6.336 acre property is zoned "CC" Community Commercial District Regulations located at the southwest corner of Ira E. Woods Avenue and William D. Tate Avenue and is being platted for a convenience store with gasoline sales. Mayor Pro Tern Wilbanks, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lots 14R -1 and 18, Block 1. Towne Center Addition No. 2. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 11 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 CU09 -03 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2008 -71 FOR GASOLINE SALES AND THE RETAIL SALE AND OFF- PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER AND WINE) AND TWO MONUMENT SIGNS IN CONJUNCTION WITH A CONVENIENCE STORE 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 17. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 14R -1 AND 18, BLOCK 1, TOWNE CENTER ADDITION NO. 2 Planning & Development Manager Stombaugh reported the Planning & Zoning Commission voted 7 -0 for approval of the Statement of Findings and the final plat of Lots 14R -1 and 18, Block 1, Towne Center Addition No. 2. The 6.336 acre property is zoned "CC" Community Commercial District Regulations located at the southwest corner of Ira E. Woods Avenue and William D. Tate Avenue and is being platted for a convenience store with gasoline sales. Mayor Pro Tern Wilbanks, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lots 14R -1 and 18, Block 1. Towne Center Addition No. 2. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 11 03/24/09 ITEM 18. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU09 -05 HILL SCHOOL OF GRAPEVINE Planning & Development Manager Stombaugh reported the Planning & Zoning Commission voted 7 -0 for approval of Conditional Use Application CU09 -05 filed by Hill School of Grapevine granting a conditional use permit for the expansion of an existing educational institution. The subject property is located at 204 North Dooley Street and is zoned "CC" Community Commercial District Regulations. Council Member Freed, seconded by Council Member Spencer, 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, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2009 -08 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 CU09 -05 FOR EXPANSION OF AN EXISTING EDUCATIONAL INSTITUTION 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 19. PLANNING & ZONING COMMISSION RECOMMENDATION PLANNED DEVELOPMENT OVERLAY PD09 -02 SONS ENTERPRISES WA 03/24/09 Planning & Development Manager Stombaugh reported the Planning & Zoning Commission voted 7 -0 for approval of Planned Development Overlay PD09 -02 filed by Sons Enterprises granting a planned development overlay for a residence on the second floor of an existing structure located at 412 South Main Street. Council .Member Coy, seconded by Council Member Lease, offered a motion to accept the Commission's recommendation and approve the ordinance granting the planned developments- overlay. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Lease & Coy Nays: N,ne Abstain, Freed ORDINANCE NO. 2009 -09 AN ORDINANCE ISSUING A PLANNED DEVELOPMENT OVERLAY IN ACCORDANCE WITH SECTION 41 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 PLANNED DEVELOPMENT OVERLAY PD09 -02 FOR A RESIDENCE ON THE SECOND FLOOR OF AN EXISTING STRUCTURE IN THE "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 PLANNED DEVELOPMENT OVERLAY 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 ri • Mayor Pro Tern Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the meeting at 9:05 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 13 03/24/09 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 7th day of April, 2009. ATTEST: Linda Huff City Secretary im William D. Tate Mayor