Loading...
HomeMy WebLinkAbout1988-05-09 Special Meeting � � � � � � � � � 4 R � ti �{$ {I t % �5 W AGENDA � CITY OF GRAPEVINE, TEXAS x SPECIAL CITY COUNCIL MEETING � > MONDAY, MAY 9 , 1988 AT 7 : 00 P.M. � � COUNCIL CHAMBERS - MUNICIPAL COURT ROOM #205 � � 307 WEST DALLAS ROAD x �, s �. � � � r CALL TO ORDER � � z � F INVOCATION: Council Member Jim Glynn � � � PUBLIC HEARING � � � 1 . Conduct a public hearing continued from the public hearings � which were held on April 5 and April 18, 1988 relative to � levying assessments for street improvement costs to abutting � property owners on William D. Tate Avenue and take any � necessary action relative to the levying of assessments. � � , � NEW BUSINESS � � 2 . Consider a resolution declaring the results of the 1988 City � Officers Election and take any necessary action. � a � 3 . Consider award of the contract for the widening of � William D. Tate Avenue to the lowest responsible bidder, � J. L. Bertram Construction and Engineering, Inc. , in the � amount of $1, 185, 466 . 75 and take any necessary action. � 4 . Consider an ordinance levying assessments against property � and such property owners abutting William D. Tate Avenue and take any necessary action. � 5 . Consider delay of the demolition of 405 Church Street until � August 1 , 1988 and take any necessary action. # a � MISCELLANEOUS REPORTS AND/OR DISCUSSION � � , � � ADJOURNMENT � �: k IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S. , AS AMENDED BY �' k CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE � SPECIAL CITY COUNCIL MEETING AGENDA WAS PREPARED AND POSTED ON � `� THIS THE 6TH DAY OF MAY, 1988 AT 5 : 00 P.M, k' k ti 5 � �: g. t � � � "i i y Secreta � � g � r: �: � � t � � �' � � � � � � � _ _ _ _ _ � . � , F. E � � STATE OF TEXAS '�� COUN'I'Y OF TARRANT � CITY OF �EVINE �', � : The City Council of the City of Grapevine, Texas met in Special Session on � this the 9th day of May, 1988 at 7:00 p.m. in the Council Ch�mbers, Municipal � ; Court Roan #205, 307 West Dallas Road, with the following members present ; to-wit: 4- 4 Tom Pawers Mayor '� � Ted R. Ware Mayor Pro Tem r Jim Glynn Council Member � Sharron Spencer Council Member `� C. Shane Wilbanks Council N�er � Lynn R. Niedermeier Council Member � Gil Traverse Council Member constituting a quonun, with the following m�nbers of the City Staff: Dennis E. Dawson City Manager Kelvin Knuaf Assistant City Manager Adrienne C. Leonard Assistant City Attorney �; Linda Huff City Secretary � � t t � CALL TO ORDER I� k � The Special meeting was called to order by Mayor Pawers at 7:30 p.m. ; f f: INVOCATION � � P Council Member Glynn delivered the Invocation. � � ITF�I 1. PUBLIC HEARING CONTINUATION, WILLIAM D. TATE AVIIVIJE PROPOSID ASSFSSMENTS Mayor Poowers declared the public hearing be continued fran the public hearings held on April 5 and April 18, 1988 relative to levying assessme.nts for street improvement costs to abutting property awners on William D. Tate Avenue and take any necessary action. Director of Public Works Jerry Hodge briefly addressed Council stating that � Manager of Engineering Stan Laster, Mr. James Cullar of �aluation Associates, Inc., and Assistant City Attorney Adrienne Leonard would respond to the questions Council requested be answered at the April 18 meeting. Mr. Laster reviewed materials prepared relative to cost comparisons for curb only, curb and gutter only, comparison of curb, gutter and storm sewer and value of rightsrof-way abandontnent. He briefly reviewed the procedures to acquire rights-of-way along William D. Tate Avenue fran the State Departzne.nt � of Highways and Public Transportation. Mr. James Cullar then addressed the Council relative to tracts No. 1 (FAB, � Inc.) , No. 2 (Mary Stone Myers) , No. 3 and No. 4 (Conner Lam) , No. 14 (HGC � Corporation) and No. 15 (Cutler Hayden and Generald Hartsell) , stating that � further review of the properties in question did not alter his original k finding as to the value of enhancements to the properties. he su�mitted � 8 X 10 photos into the record relative to tracts No. 2, No. 3 and No. 4. He ; stated his original task was to demonstrate what, if any, special benefits i would result to the abutting property owners along William D. Tate Avenue if � street improvements were made, and he had sukmitted his evaluation of the benefits. Assistant City Attorney Adrienne Leonard then addressed the Council regarding action taken by Council during the improvements to South Main Street. She reported the opinion of the City Attorney's office was that since no ordinance or resolution was passed by Council relative to the South Main Street ' improvements, any assessments made to the abutting property cx�mers for '' � � f ! ! � 05/09/88 improvemP.nts to South Main Street, if challenged, could be declared invalid. She then reviewed the action Council could take relative to the proposed assessments to abutting property owners along William D. Tate Avenue, noting all State requirements had been met during the proposed assessment procedures. Mayor Powers then inquired if any one in the audience wished to speak relative to the proposed assessnents. Mr. John E`vans, 5959 Berkshire Lane, Dallas, offered comments relative to hardships im�osed on developers when developing in Grapevine due to minim�un lot size on corm�ercial developY�ent and landscaping requirements. He stated developers are providing a service to the community. Mr. W. Scott Kinn�mer, 4112 Hartwood, Fort Worth, addressed the Council relative to proposed improvements to his property and stated the City Council should assist developers when possible. Mr. Jim S�vann, 1018 Riverside Drive, challenged mathematical statements made by Mr. Cullar and expressed concern for the length of time for consideration of proposed developttients by the Planni.ng & Zoning Conmission. Mr. Fred Joyce, business partner of Mary Stone Myers (who cai►� late to the meeting) questioned discussion relative to the Stone property. Mr. Gerald Hartsell, 1701 River Run Road, Fort Worth, expressed support for statements made by Mr. Ebans relative to developers and noted that an the surface, it is impossible to see equitable enhancem�xits to abutting property owners along William D. Tate Avenue. , Mayor Po�wers noted all speakers had been given the Oath of Truth at a previous public hearing. Council N1e.mber Glynn made a motion to close the public hearing. Council Member Spencer offered a second to the mr�tion which prevailed as follows: I Ayes: Paw�ers, Ware, Glynn, Spencer, Wilbanks, Niedern�eier, & Traverse �II Nays: None ' ITII�I 2. RESOLUTION, DECLAFtE RESULTS 1988 CITY OFFICERS ELEC,'TION ! City Secretary Linda Huff stated the City Officers Election held on May 7, �� 1988 to elect Mayor, Council Place 1 and Council Place 2 was a record turn out iof voters--2,792 ballots were cast. The results of the election were as '� follows: Mayor - William D. Tate Council Place 1 - C. Shane Wilbanks � iCouncil Place 2 - Sharran Spencer i i The caption of the proposed resolution was then read into the record. Council M�e.mber Glynn, seconded by Council M�nber Niedernteier, offered a motion to adopt the resolution declaring the results of the 1988 City Officers Election. The motion prevailed by the following vote: , Ayes: Powers, Ware, Glynn, Spencer, Wilbarilcs, Niedermeier, & Traverse Nays: None RFSOLUTION NO. 88-18 A RESOLUTION D�GLARING TI� RESULTS OF Tf� 1988 CITY OFFICEFLS II.,ECTION AND PROVIDING AN EE'F'ECTIVE DATE ITEM 3. CONTRACT AWARD, WILLIAM D. TATE AV�,'1�IUE WIDIIVING PROJDC.'T Director of Public Works advised the lowest responsible bidder for the widening of William D. Tate Avenue was J. L. Bertram Construction Campany, in (2) - - € { 05/09/88 � � , � � the ampunt of $1,185,466.75, for concrete pavement. The City's consultant, Freese and Nichols, Inc., reviewed the bids and recatmended the contract be awarded to J. L. Bertram Ca�1y. The contract would include extension of the � drainage syst�n south along Ball Street to the new drainage structure placed as part of the Hayley Addition construction. ` f I Council deliberation ensued with comments relative to adequate City funding for the project if it was determined not to assess the abutting property ; owners. Staff assured funds were available and the only street project that f' w�uld be eliminated (if assess�nents w�ere not levied) wr�uld be improvements to � Snakey Lane. � � Council Member Glynn then made a motion to award the contract to J. L. Bertram � Construction Company, at a price of $1,185,466.75, and authorize the City ; Manager to enter into the contract with J. L. Bertram Construction Campany for i the improvements to William D. Tate Avenue. Council Member Niedernieier � offered a second to the mc�tion which prevailed as follotivs: Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None 1 I'I'EM 4. ORDIN�INCE, I.,EVYING ASSFSSN�ITS, WILLIAM D. TATE AVENUE WIDIIVING � PROJF7CT � ; Assistant City Attorney Adrienne Leonard offered c�nts prior to Council (, consideration of the ordinance levying assessm�ents against property and such �: property awners abutting William D. Tate Avenue relative to the proposed F widening project. She stated Council should determine whether special � enhancements exist on each individual tract of land. Council could deternu.ne � to levy an assess�nt on one (1) tract due to special enhancements and determine another tract has no special enhancements, and therefore not levy � any assessment. It was noted if Council determines to levy assessments, the �: ordinance provides that payment be made in four (4) equal installments at an �' interest rate of eight percent (8�) per annum, or at the rate payable by the � City on its most recently issued General Obligation Bonds (8.19$) , whichever � rate is greater. �' Len discussion ensued. Comr�ents offered were that o rt awners should �' 9�Y Pr' I'e Y �, share the cost of the proposed improvemP_nts if there are special enhancements to their properties, landowners should be credited for previous land � dedications to the City, landscaping ordinance should be reviewed, and whether the action relative to the proposed assessment would set a precedent for � further assessments. Council N1�mber Glynn expressed support for the assessments as proposed by Mr. Cullar, with the remaining Council stating they � could not support the assessments as rec�nded, but w�uld consider a � � reasonable assessment for the proposed improvements. � Mayor Powers clarified responsibilities of the Council to be reasonable to � benefit the tax payer, but also to treat the developer fairly. The enhancement is based on the road frontage. � Following discussion, it was the consensus of the Council to consider enhancements costs relative to paving, curb, gutter, sidewalk and drainage. � Mayor Pawers then stated the special benefits as determined by the Council as � follows: � I Tract No. 1 - FAB, Inc. $ 11,778.00 Cost less dedication f` Tract No. 2 - Myers, Mary Stone -0- No special benefit � Tract No. 3 - Lam, Conner -0- No special benefit � Tract No. 4 - Lam, Conner -0- No special benefit E Tract No. 5 - Firestone -0- Not assessable ;: Tract No. 6 - Evans, John 32,089.95 � Tract No. 7 - Ebans, John 12,156.58 Cost less dedication Tract No. 8 - U. S. Postal Service -0- Not assessable Tract No. 9 - Ebans, John 15,625.64 Tract No. 10 - �ans, John -0- Not assessable Tract No. 11 - Ebans, John -0- Not assessable Tract No. 12 - Evans, John -0- Not assessable ; Tract No. 13 - FinaServe 20,790.00 ` Tract No. 14 - H.C.G. Corporation 6,914.00 ` G (3) � � _ , 05/09/88 Tract No. 15 - C�.itler Hayden & Gerald Hartsell 17,630.70 I Tract No. 16 - Wal-Mart 59,081.25 Tract No. 17 - Kroger Co., Inc. 48,831.05 Tract No. 18 - BCC Olympic 7,877.50 Tract No. 19 - BCC Olympic 174,859.75 Cost less dedication Follawing discussion Council Member Traverse and Mayor Pro Tem Ware noted Tracts No. 3 and No. 4 should be assessed for the special benefit amount of $12,980.00 and when available should then be vacated back to Mr. Lam. It was the consensus of the Council that the special benefits as previously stated by Mayor Powers, except for Tracts No. 3 and No. 4 special benefits naa found to be $12,980.00, should be applied to the property abutting William D. Tate Avenue. The caption of the proposed ordinance was then read into the record. Assistant City Attorney Adrienne Leonard noted the ampunts stated earlier reflected the amount of the special benefits to property owners and noted Council needed to determine a finding as to the actual assessments and clarify the interest rate. Mr. Conner Lam requested the record reflect that Council M�ember Ware recce�mended assessing his property at $12,980.00 for the sole purpose of possibly vacating 7,000 square feet of land to the City. Mayor Powers reminded Mr. Lam the public hearing had been closed. Mayor Powers stated there would be a straw vote on each item to define the special benefit ampunts to each tract. He then stated the special benefits and the straw vote per tract was as follows: Tract No. 1 has a special benefit equal to the cost ($13,884.00) of the curb, gutter, sidewalk and drainage less the dedication ($2,106.00) for a tota.l of $11,778.00. Ayes: Powers, Ware, Glynn, Wilba.nks, Niedermeier, & Traverse Nays: Spencer � i �� Tract No. 2 has no special benefit, therefore the assessnent wr�uld be zero. j Ayes: Powers, Ware, Wilbanks, Niedermeier, & Traverse Nays: Glynn*"& Spencer *Council Member Glynn stated the reason he opposed to straw vote, was he i believes there is an assessment in order for the property. '� Tracts No. 3 and No. 4 special benefits are zero. ; Ayes: Powpxs, Ware, Wilbanks, & Traverse ! Nays: Glynn*, Spencer, & Niedernteier � *Council Member Glynn stated he was opposed for the same reason as stated � earlier, he believes there are special benefits attributable to the road. � Tract No. 5 has no assessment. � Tract No. 6 special benefit is $32,089.95. Ayes: Powers, Ware, Glynn, Wilbanks, Niedermeier, & Traverse Nays: Spencer Tract No. 7 special benefit is $18,130.58 less the dedication of $5,614.00 for a net special benefit of $12,156,58. Ayes: Powers, Ware, Glynn, Wilbanks, Niedermeier, & Traverse Nays: Spencer Tract No. 8 cannot be assessed. Tract No. 9 special benefits of $15,625.64 Ayes: Powers, Ware, Glynn, Wilbanks, Niedermeier, & Traverse Nays: Spencer (4) �: 05/09/88 f � � � � � Tract No. 13 special benefits of $20,790.00. � Ayes: Pawers, Ware, Glynn, Wilbanks, Niedermeier, & Traverse Nays: Spencer Tract No. 14 special benefits of $6,914.00. � Ayes: Fowpxs, Ware, Glynn, Wilbanks, Niedermeier, & Traverse � x Nays: Spencer i Tract No. 15 special benefits of $17,630.70. � � Ayes: Powpxs, Ware, Glynn, Wilbanks, Niedermeier, & Traverse � Nays: Spencer , Tract No. 16 special benefits of $59,081.25. Ayes: Powers, Ware, Glynn, Wilbanks, Niedermeier, & Traverse Nays: Spencer ' � Tract No. 17 special benefits of $48,831.05. Ayes: Powers, Ware, Glynn, Wilbanks, Niedermeier, & Traverse Nays: Spencer Tract No. 18 special benefits of $7,877.50. Ayes: Powers, Ware, Glynn, Wilbanks, Niedermeier, & Traverse Nays: Spencer Tract No. 19 special benefits of $183,378.75 less the dedication of $8,519.00 for a net of $174,859.75. �, t Ayes: Pawers, Ware, Glynn, Wilbanks, Niedermeier, & Traverse � Nays: Spencer i Council Men�r Glynn then stated that on Tracts No. 1, No. 6, No. 7, No. 9, � No. 14 and No. 15 in a straw vote he indicated to be in favor of assessing the � lesser amount because it is at least an assess�n�ent, and once again would reiterate that the original assess�nt recoamtendation wr�uld be in order. Council Member Spencer stated she was not ccenfortable with the methodology � applied and the assessnent study. � � Following discussion, Council Member Glynn made a motion to assess the � property owners along William D. Tate Avenue in an amount equal to one hundred percent (100$) of the special benefits as previously described by the Council � and set the interest rate for the extended payment of the assess�n�ent at eight ` and nineteen one hundredths percent (8.19�) and the terms of the installments � w�uld be four (4) years as set out in the ordinance. Council Member Niedernieier offered a second to the mr�tion, which prevailed as follows: � Ayes: Powers, Ware, Glynn, Wilbanks, Niedermeier, & Traverse � Nays: Spencer � � ; ORDINANC� N0. 88-33 � AN ORDINANCE I�VYING ASSESSNIEN'I5 FOR PART �: OF THE COST OF INNIPROVING PORTIONS OF A ; CERTAIN STRE�r IN THE CITY OF GRAPEVINE, � TARRANT COUNTY, TEXAS, 'PO WIT: WILLIAM D. � TATE AVIIJUE FRC1M STATE HIGHWAY 114 TO ONE k � HtINDRID SIXTY-EIGHT FEET (168') SOUI'H OF '.` nAr.r.A.S RQAD; FINDING THAT NOTICE OF Z'HE � PUBLIC HEARING HAS BEEN MAII.,ID AND k PUBLISHID AS REQUIRID BY LAW; FIXING � CHARGES AND LIEDTS AGAINST THE REAL AND � TRLJE OWNERS TfiEF2�70F; PROVIDING FOR � COLI�CTION OF SUCH ASSESSNIETTITS; PROVIDING � AN EE'F'F]CTIVE DATE AND DECLARING AN � 4 II�RC�TCY ' i Pj `, t s F (5) � F ! E t 05/09/88 ITII�I 5. DELAY DEMOLITION, 405 CHURC�i STREET City Manager Dennis E. Dawson requested Council consider delay of the demolition of the house located at 405 Church Street until August 1, 1988. He reported Staff had been w�rking with Mr. Joe Lipscanb for the possible relocation of the house to property he currently owns. He reviewed the liabilities of the City toward the building and Mr. LipsccYnb has agreed the secure the building. � Brief conanents were made that the item w�uld not need to come before Council � again, until saneone else expressed an interest in saving the building. � Council Me.mber Wilbanks then made a m�tion to delay the demolition until August 1, 1988. The motion was seconded by Mayor Pro Tem Ware, which prevailed by the following vote: Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None � , AA70URl�1T Since there was no further business to be considered, Council Member Niedernieier made a motion to adjourn the meeting at 10:20 p.m. The motion was seconded by Mayor Pro Tem Ware and prevailed as follows: � Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niederntieier, & Traverse �I Nays: None PASSID AND APPROVED BY THE CITY OOUNCIL OF THE CITY OF C�PEVINE, TEXAS on this the �1Gt day of J„nP , 1988. APPROVID: i Mayor A'ITEST: City Secre � (6)