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HomeMy WebLinkAbout2002-12-03 Regular Meeting AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING WORKSHOP TUESDAY, DECEMBER 3, 2002 AT 7:00 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET DINNER AT 6:45 P.M. CALL TO ORDER 1. Discuss amendments to Appendix D, Section 25 "CC" Community Commercial District Regulations and Section 29 "HCO" Hotel/Corporate Office District relative to wineries as a conditional use. 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 27th day of November, 2002 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 3rd day of December, 2002 at 6:30 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to-wit: William D. Tate Mayor Ted R. Ware Mayor Pro Tem Sharron Spencer Council Member C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with the following members of the City Staff: Roger Nelson City Manager Bruno Rumbelow Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Melisa Leal Assistant to the City Manager Jennifer Hibbs Assistant to the City Manager CALL TO ORDER Mayor Tate called the meeting to order at 7:00 p.m. ITEM 1. DISCUSS PROPOSED AMENDMENTS TO APPENDIX D Development Services Director H. T. Hardy reviewed the proposed amendments to the Grapevine Code of Ordinances, Appendix D, Comprehensive Zoning Ordinance No. 82-73, as amended, Section 25 "CC" Community Commercial District Regulations and Section 29 "HCO" Hotel/Corporate Office District relative to allowing wineries as a conditional use. Current zoning allows only wineries as a conditional use in the "CBD" Central Business District and the "GV" Grapevine Vintage District. It was the consensus of the Council to proceed with advertising for a public hearing for the proposed amendments. ADJOURNMENT Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the workshop at 7:05 p.m. The motion prevailed by the following vote: 12/03/02 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 17th day of December, 2002. APPROVED: 412 William D. Tate Mayor ATTEST: Lind Huff 7914la City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, DECEMBER 3, 2002 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 27th day of November, 2002 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 Special Session (Executive Session) on this the 3rd day of December, 2002 at 7:00 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street with the following members present to-wit: William D. Tate Mayor Ted R. Ware Mayor Pro Tern Sharron Spencer Council Member C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with the following members of the City Staff: Roger Nelson City Manager Bruno Rumbelow Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Jennifer Hibbs Assistant to the City Manager CALL TO ORDER Mayor Tate called the meeting to order at 7:05 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 Roger Nelson stated there was no action necessary relative to the closed session under Section 551.087, Texas Government Code. 12/03/02 NOTE: City Council continued with the Regular City Council meeting in open session in z x the Council Chambers. ADJOURNMENT Council Member Stewart, seconded by Mayor Pro Tem Ware, offered a motion to adjourn the meeting at 7:53 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 17th day of December, 2002. APPROVED: William D. Tate Mayor ATTEST: Linda uff City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, DECEMBER 3, 2002 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER INVOCATION: Council Member Darlene Freed CITIZEN COMMENTS NEW BUSINESS 1. Consider a resolution and two ordinances relative to TXU Gas and Electric franchise fee settlement and take any necessary action. 2. Consider an ordinance relative to the TXU Gas rate case 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. 3. Consider a request for a temporary concrete batch plant at the Opryland Hotel and Convention Center located at 1507 Gaylord Trail for a period from December 18, 2002 through April 18, 2003. Development Services Director recommends approval. 4. Consider the second and final reading of an ordinance granting Zoning Application Z02-08 filed by Grapevine Chiropractic granting rezoning 1.118 acres from "LI" Light Industrial District to "CC" Community Commercial District Regulations for development of an office building at 744 Ball Street. Development Services Director recommends approval. 5. Consider award of an Engineering Services Contract to TranSystems, Corporation Consultants for the design of the Bass Pro Drive Reconstruction Project and authorization for Staff to execute said contract. Public Works Director recommends approval. 6. Consider Change Order No. 3 & Final to the Parr Road Construction Contract for various items required during the construction of the Parr Road project and authorization for Staff to execute said change order. Public Works Director recommends approval. 7. Consider a resolution authorizing the purchase of utility and sewer trucks through an existing interlocal agreement with the Texas Local Government Purchasing Cooperative. Public Works Director recommends approval. 8. Consider a resolution declaring Epixtech, Inc. a sole source provider for the purchase of a service and maintenance contract covering Library software. Library Director recommends approval. 9. Consider a resolution directing publication of a Notice of Intention to issue Certificates of Obligation for acquisition of authorized vehicles and equipment, real property and issuance cost for refunding bonds. Administrative Services Director recommends approval. 10. Consider the minutes of the November 19, 2002 City Council meetings as published. City Secretary recommends approval. Pursuant to the Texas Open Meetings Act, Texas Government Code, Chapter 551.001 et seq, one or more of the above items may be considered in Executive Session closed to the public. Any decision held on such matter will be taken or conducted in open session following the conclusion of the executive session. 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 27th day of November, 2002 at 5:00 p.m. nd.1 Huff City Secretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Regular Session on this the 3rd day of December, 2002 at 7:30 p.m. in the City Council Chambers, Second Floor, 200 South Main Street, with the following members present to-wit: William D. Tate Mayor Ted R. Ware Mayor Pro Tem Sharron Spencer Council Member C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with the following members of the City Staff: Roger Nelson City Manager Bruno Rumbelow Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Melisa Leal Assistant to the City Manager Jennifer Hibbs Assistant to the City Manager CALL TO ORDER Mayor Tate called the meeting to order at 8:00 p.m. INVOCATION Council Member Freed delivered the Invocation. ITEM 1. RESOLUTION AND ORDINANCES, TXU GAS AND ELECTRIC SETTLEMENT Assistant to the City Manager Melisa Leal recommended approval of a resolution authorizing the City Manager to accept the terms of the TXU settlement resulting from the City of Denton litigation and approval of two ordinances amending the existing franchise agreements for the provision of electric and gas service in Grapevine. She reviewed the terms of the electric and gas settlements noting that the City will receive a settlement check for $135,659.95 for the recovery of gas and electric franchise fees. The Council Utilities Committee and the City Attorney have reviewed the facts related to the settlement and recommend acceptance of the terms as presented. 12/03/02 Council Member Wilbanks, seconded by Mayor Pro Tern Ware, offered a motion to adopt the resolution and ordinances as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2002-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE EXECUTION OF A COMPROMISE, SETTLEMENT AND RELEASE AGREEMENT WITH TXU ELECTRIC COMPANY N/K/A TXU US HOLDINGS COMPANY AND TXU GAS COMPANY RELATIVE TO ELECTRIC AND GAS FRANCHISE FEE CLAIMS AND PROVIDING AN EFFECTIVE DATE ORDINANCE NO. 2002-91 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE EXISTING ELECTRIC FRANCHISE BETWEEN THE CITY OF GRAPEVINE, TEXAS AND ONCOR ELECTRIC DELIVERY COMPANY TO PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING FOR ACCEPTANCE BY ONCOR ELECTRIC DELIVERY COMPANY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE ORDINANCE NO. 2002-92 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE CITY OF GRAPEVINE, TEXAS, AND TXU GAS COMPANY TO PROVIDE FOR A DIFFERENT CONSIDERATION AND TO AUTHORIZE THE LEASE OF FACILITIES WITHIN THE CITY'S RIGHTS-OF-WAY; PROVIDING FOR ACCEPTANCE BY TXU GAS COMPANY; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE ITEM 2. ORDINANCE, TXU GAS RATE CASE Assistant to the City Manager Melisa Leal recommended approval of an ordinance establishing rates for provision of TXU Gas service in Grapevine. Ms. Leal advised that TXU Gas had filed a rate case in March 2002. The City denied the rates and rejected the 2 12/03/02 original settlement offer in May (Ordinance No. 2002-41). TXU appealed to the Railroad Commission and 51 cities created a coalition to fight the company's appeal. During the appeal process, TXU representatives and the cities negotiated a reasonable settlement agreement. The agreement represents a more reasonable rate design and provides the 51 cities and customers significant savings. The Council Utilities Committee and the City Attorney have reviewed the facts related to the rate case and recommend approval. Council Member Freed, seconded by Council Member Johnson, offered a motion to adopt the ordinance as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2002-93 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS FINDING, AFTER REASONABLE NOTICE AND HEARING, THAT TXU GAS DISTRIBUTION'S RATES AND CHARGES WITHIN THE CITY SHOULD BE CHANGED; DETERMINING JUST AND REASONABLE RATES; ADOPTING GENERAL SERVICE RATES INCLUDING RATE ADJUSTMENT PROVISIONS AND MISCELLANEOUS SERVICE CHARGES TO BE CHARGED FOR SALES AND TRANSPORTATION OF NATURAL GAS TO RESIDENTIAL, COMMERCIAL AND INDUSTRIAL CUSTOMERS; PROVIDING FOR RECOVERY OF RATE CASE EXPENSES; PRESERVING REGULATORY RIGHTS OF THE CITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE CONSENT AGENDA The next order of business for the City Council to consider was the consent agenda items, which were deemed to need little or no discussion and were acted upon as one business item. Mayor Tate asked if there was any member of the audience or the City Council who wished to remove an item from the consent agenda for full discussion. There were none. Item 3. Temporary Concrete Batch Plant, Opryland Hotel Development Services Director recommended approval of a request for a temporary concrete batch plant at the Opryland Hotel and Convention Center located at 1507 Gaylord Trail for a period from December 18, 2002 through April 18, 2003. 3 12/03/02 Motion by Council Member Spencer, seconded by Council Member Stewart, to approve fr Ni as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 4. Second and Final Reading Ordinance No. 2002-94, Zoning Application Z02-08 Grapevine Chiropractic Development Services Director recommended approval of the second and final reading of Ordinance No. 2002-94 approving Zoning Application Z02-08 filed by Grapevine Chiropractic granting rezoning 1.118 acres from "LI" Light Industrial District to "CC" Community Commercial District Regulations for development of an office building at 744 Ball Street. Motion by Council Member Spencer, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2002-94 AN ORDINANCE AMENDING ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS p. APPENDIX "D" OF THE CITY CODE OF GRAPEVINE, TEXAS, GRANTING ZONING CHANGE Z02-08 ON A TRACT OF LAND OUT OF THE A. FOSTER SURVEY, ABSTRACT NO. 518, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "LI" LIGHT INDUSTRIAL DISTRICT TO "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE rmmool DEEMED COMMITTED EACH DAY DURING OR ON WHICH JAi 4 12/03/02 AN OFFENSE OCCURS OR CONTINUES AND PROVIDING AN EFFECTIVE DATE Item 5. Engineering Services Contract, Bass Pro Drive Reconstruction Project, TranSystems, Corporation Consultants Public Works Director recommended award of an Engineering Services Contract to TranSystems, Corporation Consultants in the amount of $142,600.00 for design of the Bass Pro Drive Reconstruction Project and authorization for Staff to execute said contract. Motion by Council Member Spencer, 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 6. Change Order No. 3 & Final, Parr Road Construction Contract Public Works Director recommended approval of Change Order No. 3 & Final to the Parr Road Construction Contract in the amount of$96,473.18 for various items required during the construction of the Parr Road project and authorization for Staff to execute said change order. Motion by Council Member Spencer, 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, Purchase Utility and Sewer Trucks Public Works Director recommended approval of a resolution authorizing the purchase of utility and sewer trucks in an amount not to exceed $369,016.45 through an existing interlocal agreement with the Texas Local Government Purchasing Cooperative. Motion by Council Member Spencer, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2002-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO PURCHASE VEHICLES THROUGH AN ESTABLISHED INTERLOCAL 5 12/03/02 AGREEMENT WITH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE AND PROVIDING AN EFFECTIVE DATE Item 8. Resolution, Library Sole Source Purchase, Epixtech, Inc. Library Director recommended approval of a resolution declaring Epixtech, Inc. a sole source provider for the purchase of a service and maintenance contract covering Library software in an amount not to exceed $17,706.06. Motion by Council Member Spencer, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2002-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO THE PURCHASE OF A MAINTENANCE AGREEMENT; DETERMINING THAT THE MAINTENANCE IS AVAILABLE FROM ONLY ONE SOURCE; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS AND DOCUMENTS AND PROVIDING AN EFFECTIVE DATE Item 9. Resolution, Publish Notice of Intent, Certificates of Obligation Administrative Services Director recommended approval of a resolution directing publication of a Notice of Intention to Issue Certificates of Obligation in the amount of $3,500,000.00 for acquisition of authorized vehicles and equipment, real property and issuance cost for refunding bonds. Motion by Council Member Spencer, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2002-55 A RESOLUTION RELATING TO THE GIVING OF NOTICE OF INTENTION TO ISSUE CITY OF GRAPEVINE, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2003 AND PROVIDING AN EFFECTIVE DATE 6 12/03/02 Item 10. Consideration of Minutes City Secretary recommended approval of the minutes of the November 19, 2002 City Council meetings as published. Motion by Council Member Spencer, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ADJOURNMENT Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 8:15 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 17th day of December, 2002. APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary 7