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Home My WebLink About1988-11-01 Regular Meeting 1 i � � � � AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING ; TUESDAY, NOVEMBER 1 , 1988 AT 7 : 30 P.M. � COUNCIL CHAMBERS - MUNICIPAL COURT ROOM #205 ; � 307 WEST DALLAS ROAD ; � � � CALL TO ORDER '� Y , K F, t INVOCATION: Council Member Jim Glynn � � i , PRESENTATION � € 1 . Presentation of °Geography Awareness Week" proclamation to ; Grapevine High School students . � E 2 . Director of Parks & Recreation to present the Grapevine Lake � Master Plan survey results. ` � # PUBLIC HEARING ` � 3 . City Council to conduct a public hearing relative to � � amending House Moving Application HMA 88-01 submitted by � Mr. Tom L. Day requesting that the restriction be removed ''' requiring the eight foot (8 ' ) fence along the east property � line be painted on both sides. (The property is located at � 827 Dawn Lane. ) � � � � � CITIZENS REQUESTS � } � � 4 . Mr. Gary Blagg, 520 Ridge Road, to address the Council � relative to the no parking on West College Street. � � # 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 Any member of the City � Council or member of the audience may request that an item be � withdrawn from the consent agenda and placed before the Council � for full discussion. Approval of the consent agenda authorizes � the Acting City Manager, or his designee, to implement each item � in accordance with Staff recommendations. a 5 . Consider a resolution amending Resolution No. 88-40 relative � to House Moving Application HMA 88-01 removing the � restriction that the eight foot (8 ' ) screening fence along � the east property line be painted on both sides . Director of Community Development recommends approval. 6 . Consider an ordinance amending the Code of Ordinances, � Chapter 23 Traffic with the addition of the following � regulation: � (a) Establish School Zone: � i. Hood Lane, from the intersection of Dove Road � 1160 feet north. � Director of Public Works recommends approval. � € 7 . Consider Change Order No. 3 to the William D. Tate Avenue � Widening Project in the amount of $6 , 784 . 84 . Director of � Public Works recommends approval. � � � � � � � � s � 8 . Consider a resolution suspending the operation of Lone Star ; Gas rate schedule for 90 days and setting a public hearing ; date of December 6 , 1988 relative to the rate increase request. City Staff recommends approval. � 9 . Consider award of the bid and prepurchase of 16 and 20 inch waterline valves to the low bidder, Trans-Tex Supply � Company, in the amount of $42,237. 96 . Director of Public Works recommends approval. ` 10. Consider the minutes of the October 18 and 25, 1988 £ meetings. City Secretary recommends approval as published. ; x NEW BUSINESS r 11 . Consider authorizing collection of additional franchise fee payments and take any necessary action. � ; x MISCELLANEOUS REPORTS AND/OR DISCUSSION � � � ADJOURNMENT � � t z € � IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C. S. , AS AMENDED BY � � CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE E REGULAR CITY COUNCIL MEETING AGENDA WAS PREPARED AND POSTED ON ` THIS THE 28TH DAY OF OCTOBER, 1988 AT 5 : 00 P.M. ; € � 7 � � € _ £ € City ecretary ` � � �: � 3 � x � ;. } # � 2 � �g� t � 1 £ f [ % f i � � k 4. C i �. � � � � � � F � $�'� & � j � ;; g STATE OF TEXAS C4UNTY OF TARRANT CITY OF GRAPEVINE { , The Gity Cauncil af the Ci�y of Grapevine, Texas m�t in Regular Session on this the 1st day of November, 1988 at 7 :30 p.m. in the Council Chambers, Municipal Court Room #205, 307 West Dallas Raad, r with the following members present to-wit: a ,, Wil2iam D. Ta�e Mayor Ted R. Ware Mayor Pro Tem Jim Glynn Cauncil Member Sharron Spencer Council Member � C. Shane Wilbanks Cauncil Member Lynn R. Niedermeier Council Member Gi1 Traverse Council Member constituting a quorum with �he �ollowing members of the City Staff; Kelvin Knauf Acting City Manager Adrienne C. Leonard Assistant City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7c30 p.m. � INVQCATIQN Council Member Glynn delivered �he Invocatian, ' I'Y ! ITEM l . PRESENTATION, GEOGRAPH� AWARENESS WEEK Mayor Ta�e presented a proclamation declaring Navember 13-19, 1988 as "Geography Awareness Week" ta student represen�atives fram Grapevine Fiigh Schoal. ; � ITEM 2. PRESENTATTON, GRAPEVINE LAKE MASTER PLAN SURVEY RESULTS This item was discussed after Item 12 . Director of Parks & Recreation John Rainwater reviewed the results of the Grapevine Lake Master Plan Survey that wa� mailed to over 11,000 hauseholds on September 8, 1988. Of this number, aver il� respanded fram all areas af the community. The data from the survey will be utilized in the development of the Master Plan for ; future park and recreation improvements at Grapevine Lake. The summary of the survey is at�ached as "Exhibit A" . � ITEM 3, PUBLIC HEARING, AMEND HC}USE MdVING APPLICATI4N H�8$-41, ` MR. TOM DAY � Mayor Tate declared the public hearing apen. � Direetor of Communi�.y Develapment H. T. Hardy advised that House Moving Application HMA88-01 submit�.ed by Mr. Tom Day was approved by Council on October 4 , 19$8 with the stipulation that both sides � af the eight foot (8 ' ) privacy fence (along his east property line) be gainted grey. The pain�.ing was required because the material propased to be used was not decay resistant. Mr. Hardy advised that Mr. Day had a fence installed which was of guali�.y and design of fences that are normally instal2ed and resistant to decay. Therefore, Mr. Day had requested he nat be required to paint the fence. s � k; . § I � � � � 11�01�80 � � �. � Mr. Tom Day, 827 Dawn Lane, addressed the Council requesting � 'i favorable consideration of the amendment to House Moving { ' Application HMA88-01 approved by Resolution No. 88-40 . � � Mayor Tate invited those guests present to comment either for or � against the proposed amendment to HMA88-01 . The following persons � stated they did not feel the privacy fence was installed the entire � length of the property line. They also stated they had no z objection to the fence not being painted, if the property was � properly maintained. ' �; � 1 . Mr. Mark Boeglin 3 . Mr. Earl Morrison �' 854 Rainbow Trail 923 Easy Street � � � ; _ 2. Mrs. Sharon Boeglin 4 . Mr. James Hunton ;. �i 854 Rainbow Trail 820 Rainbow Trail � zp € ' Lengthy discussion followed relative to the length of the fence to � ; be installed. Staff was directed to investigate possible code � violations (high weeds, dilapidated buildings) of the property t owned by Mr. Day. � Mr. Day stated the privacy fence was installed the length of his x east property line which stopped at Mr. Boeglin' s property line. � i � F Council Member Spencer made a motion, seconded by Mayor Pro Tem ti Ware, to close the public hearing. The motion prevailed by the � following vote: � � Ayes: Tate, Ware, Glynn, Spencer, Wilbanks, Niedermeier & Traverse ;; Nays: None ` � i `y � ' ITEM 4 . CITIZENS REQUEST, MR. GARY BLAGG � � ` Mr. Gary Blagg, 520 Ridge Road, addressed the Council relative to t ' the no parking signs erected on West College Street. He stated � � there was not advance notification the signs were being erected and � he expressed concern that adequate parking is not available when he 3 ' has company. He requested certain hours of parking be considered = on the north side of West College. � �: Staff was directed to research the request and make a report to F Council at a later date. � � � CONSENT AGENDA `' k ! The next order of business was for the City Council to consider the ` consent agenda items, which were deemed to need little or no f 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. ` f '¢ Item 5 . Resolution, Amend Resolution No. 88-40 (HMA88-01 Mr. Tom � Day) k +. � Director of Community Development recommended approval of a ` resolution amending Resolution No. 88-40 relative to House Moving � Application HMA88-01 (Tom Day) removing the restriction that the � eight foot (8 ' ) screening fence along the east property line be = painted grey on both sides. � � � The caption of the proposed resolution was read into the record. � f k- Motion by Council Member Wilbanks and seconded by Council Member � Niedermeier to approve as recommended prevailed by the following � vote: � � F � f F \ � �2/ � � 11/O1/88 Ayes : Tate, Ware, Glynn, Spencer, Wilbanks , Niedermeier & Traverse Nays: None RESOLUTION NO. 88-44 A RESOLUTION OF THE CITY OF GRAPEVINE, TEXAS, AMENDING RESOLUTION N0. 88-40 APPROVED ON OCTOBER 4 , 1988 AND PROVIDING AN EFFECTIVE '' DATE ;i� Item 6 . Ordinance, Traffic Control Director of Public Works recommended approval of an ordinance ` amending the Code of Ordinances, Chapter 23 Traf�'ic with the addition of the following regulation: (a) Establish School Zone: i. Hood lane, from the intersection of Dove Road 1160 feet north. The caption of the proposed ordinance was read into the record. Motion by Council Member Wilbanks and seconded by Council Member Niedermeier to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Glynn, Spencer, Wilbanks, Niedermeier & Traverse Nays: None � � ORDINANCE N0. 88-79 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, �` AMENDING THE CODE OF ORDINANCES BY AMENDING � I CHAPTER 23 , SECTION 23-27 BY SPECIFYING THE REASONABLE AND PRUDENT SPEED FOR A CERTAIN AREA TO BE DESIGNATED AS A SCHOOL ZONE; AUTHORIZING THE ERECTION OF TRAFFIC REGULATION SIGNS; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200 .00) FOR EACH OFFENSE AND A SEPARATE ; OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Item 7 . Change Order, William D. Tate Avenue Widening Project Director of Public Works recommended approval of Change Order No. 3 { to the William D. Tate Avenue Widening Project in the amount of $6 ,784 . 84 . The change order includes additional quantities of sawcut, 18" reinforced concrete pipe, special junction boxes, driveways and a 3 ' X 3 ' drop inlet with surrounding rock riprap. � s Motion by Council Member Wilbanks and seconded by Council Member �� Niedermeier to approve as recommended prevailed by the following '�, vote: Ayes: Tate, i�Tare, Glynn, Spencer, Wilbanks, Niedermeier & Traverse ' Nays: None Item 8 Resolution, Sus end Lone Star Gas Rate Schedule Staff recommended approval of a resolution suspending the operation of Lone Star Gas rate schedule for 90 days and setting a public �: hearing date of December 6 , 1988 relative to the rate increase request. ; � a. (3) 3 # � � li/ol/ss � � � � � � The caption of the proposed resolution was read into the record. Motion by Council Member Wilbanks and seconded by Council Member � Niedermeier to approve as recommended prevailed by the following � vote: � � Ayes: Tate, Ware, Glynn, Spencer, Wilbanks, Niedermeier & Traverse � Nays : None � � RESOLUTION NO. 88-45 ; ; � � � A RESOLUTION OF THE CITY OF GRAPEVINE, TEXAS, RELATIVE TO A RATE INCREASE REQUEST FILED BY ��. LONE STAR GAS COMPANY; SUSPENDING THE OPERATION OF THE SCHEDULE OF RATES FOR 90 �:: DAYS; CALLING A PUBLIC HEARING; AND DIRECTING t` THAT A CERTIFIED COPY OF THIS RESOLUTION BE � SENT TO THE GRAPEVINE DISTRICT MANAGER FOR � LONE STAR GAS COMPANY AND PROVIDING AN EFFECTIVE DATE �" � r C' ti Item 9. Bid Award, Prepurchase of Waterline Valves � Director of Public Works recommended approval of the bid award and ` prepurchase of 16 and 20 inch waterline valves to the low bidder, a Trans-Tex Supply Company, in the amount of $42,237. 96 . � Motion by Council Member Wilbanks and seconded by Council Member ° Niedermeier to approve as recommended prevailed by the following � vote: ` y Ayes: Tate, Ware, Glynn, Spencer, Wilbanks, Niedermeier & Traverse ; Nays : None : s�_ f Item 10. Consideration of the Minutes k s City Secretary recommended approval of the minutes of the � � October 18 and 25, 1988 meetings as published. �' s f t � Motion by Council Member Wilbanks and seconded by Council Member ; � Niedermeier to approve as recommended prevailed by the following 4 � , vote: � ; Ayes: Tate, Ware, Glynn, Spencer, Wilbanks, Niedermeier & Traverse � Nays : None � ITEM 11 . AUTHORIZE COLLECTION OF ADDITIONAL FRANCHISE FEES �' � ' This item was discussed after Item 1 . � � Acting Director of Finance Robert Needs stated that on April 5, � ; 1988 Council authorized Municipal Administrative Service, Inc. } (M.A.S. ) to audit the accuracy and validity of the franchise fee payments to the City in accordance with established contractural � ' agreements between the City of Grapevine and General Telephone Company, TU Electric, Lone Star Gas Company and Paragon Cable. � � DCr L �31�j'�1 .G�+/ ; Ms. Susan �•�s, President of M.A.S. , gave a brief overview of the ; results of the audit. Ms. Hobbs stated the purpose was to verify : that all company customers were correctly coded as being in the � City, establish that all appropriate revenue accounts were included �: in the franchise fee base and verify that all fees had been � correctly and timely submitted to the City. The audit revealed the E following: g � �: � Lone Star Gas Company--underpayment of $506. 00 . The amount has = been agreed to by the Company, tendered to the City, and � acknowledged. d` �_ � � (4) � � Y � ; � 11/O1/88 TU Electric--underpayment in 1985 of $473 .00 . The company has agreed to pay the City. Paragon Cable--various over and underpayments with a net result of an overpayment of $413 . 00 . General Telephone Company--the company is paying only one (1) of three (3) local exchange accounts. The audit revealed $456 ,000 . 00 due from 1972-1982; $11 ,642. 00 due from 1983-1987; $876 ,027 .00 due r"` to the company' s inappropriately excluding network and end user access revenue from the City' s franchise fee base. The company has reviewed the audit findings and acknowledged the errors, but has ex ressed concerns about the access revenue and raised uestions f . P q relative to the statue of limitations on the amount from 1972-1982. Assistant City Attorney Adrienne Leonard stated the legal department has reviewed the agreement and the terms from a legal standpoint and recommends the City submit a letter to GTE to begin the process for negotiations with GTE. Following brief discussion of the statue of limitations, Council Member Spencer made a motion {` to authorize Staff to proceed with notifying GTE, TU Electric, and ; Lone Star Gas Company that based upon the audit, the City has not collected all revenues due the City under the franchise fee ordinances and staff is directed to begin negotiations . The motion was seconded by Council Member Glynn and prevailed by the following vote: ` Ayes: Tate, Ware, Glynn, Spencer, Wilbanks, Niedermeier & Traverse f Nays: None MISCELLANEOUS REPORTS AND/OR DISCUSSION �: Item 11A. Mayor Tate reminded the City Council of the November 7, �p 1988 meeting with Dallas/Fort Worth International � Airport officials. � Item 11B. Acting City Manager Kelvin Knauf reminded the Council of the November 10 , 1988 meeting at Bear Creek Elementary with the Glade Crossing Homeowners Association. r ADJOURNMENT There being no further business to come before the City Council, Council Member Spencer offered a motion to adjourn the meeting at 8 : 45 p.m. Mayor Pro Tem Ware seconded the motion which prevailed � as follows: Ayes: Tate, Ware, Glynn, Spencer, Wilbanks, Niedermeier & Traverse 6 Nays: None � � PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, � TEXAS on this the 6th day of December . 1988 1 5 ,� APPROVED: � r ; � ; Mayor f ATTEST: � r City ecretary i y: i R � � (5)