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The City Council of the City of Grand Prairie, Texas, met in regular session in the City Council Chambers in City Hall, on August 9, 2005, with the following members present:
Charles England, Mayor
Ruthe Jackson, Mayor Pro Tem
Richard Fregoe, Council Member
Lee D. Herring, Council Member
Ron Jensen, Council Member
Tony Shotwell, Council Member
Jim Swafford, Council Member
Bill Thorn, Council Member
The Council took the following action in accordance with the official agenda posted August 5, 2005.
A.1
Call To Order
Mayor England called the meeting to order at 6:48 p.m. Father Robert Young, St. Andrews Episcopal Church, gave the invocation. Mayor Pro Tem Jackson led the Pledge of Allegiance to the U.S. Flag and the Salute to the Texas Flag.
A.2
Presentations
Parks and Recreation Director Rick Herold introduced Betty Nicolle, Landscape Architect, as Employee of the Month for August 2005. City Manager Tom Hart presented Ms. Nicolle with a city shirt and plaque and thanked her for her dedication to the city.
Mrs. Janice England unveiled the 2005 City Holiday Ornament. Mrs. England stated that the proceeds from the sale of the ornament will benefit the Lone Star Charitable Foundation. The cost of this year’s ornament is $15.00, plus tax. The ornaments will be for sale at the Tourist Information Center and in the Marketing Department at City Hall.
Corey Johnsen, Manager and President, Lone Star Park @ Grand Prairie, presented Mayor England with a certificate from the Breeders’ Cup and National Thoroughbred Association making him an honorary “Kentucky Colonel.”
A.3
Proclamation
There were no proclamations presented.
B.0
Consent Agenda
Mayor Pro Tem Jackson moved, seconded by Council Member Swafford, to approve Items B.1 through B. 3, remove Item B. 4 for individual consideration, and approve Items B. 5 through B.23 on the Consent Agenda.
Ayes:
Council Members Fregoe, Herring, Jensen, Shotwell, Swafford, Thorn, Mayor Pro Tem Jackson, and Mayor England
Nays:
None
The motion carried unanimously as follows:
B.1
Minutes of the July 19, 2005 Briefing and Regular Session
Approve the Minutes of the July 19, 2005 Briefing and Regular Session
B.2
Change Order #1 - FM 1382 Utility Relocations
Approve Change Order #1 with SYB Construction Company, Inc. for the Utility Relocations for FM 1382 Railroad Overpass Project, in the increased amount of $45,520, and a decrease of $32,302, for a net amount of $13,218
B.3
Final Audit Calculations for IH 30 Frontage Road – Mac Arthur to RR Spur
a.
Adopt a Resolution authorizing payment to TxDOT in the amount of $301,466;
b.
Adopt an ordinance amending the 2004/05 Capital Improvements Project Budget; and
c.
Adopt a Reimbursement Resolution
B.5
Developer Agreement - Lake Shore Village Town Homes Addition Drainage Improvements
Approve a Developer Agreement with The Fortis Group, LLC General Partner of Lake Shore Village, LP for their participation in the drainage culvert under Seeton Road at Lake Ridge Parkway, the entrance to the Lake Shore Town Home development, with TIF #3 fund reimbursement in the amount of $63,647, contingent upon the amendment of the TIF Plan at the next TIF Board meeting
B.6
Multiple Use Agreement with TxDOT
Adopt a resolution authorizing the City Manager to execute a Multiple Use Agreement with TxDOT for permission to construct, operate, and maintain the Fish Creek Trail within the SH 360 Right of Way.
B.7
FY 2006 Transit Grant Application for "The Grand Connection"
Adopt a Resolution authorizing the City Manager to submit a FY 2006 grant application with the Federal Transit Administration (FTA) and the Texas Department of Transportation (TxDOT) for Grand Prairie's transit system, "The Grand Connection" with funding as follows: FTA $301,472; TXDTO $97,506; City of Grand Prairie $120,169; Dallas County Nutrition $20,000; Fare Revenue $3,000; for a total project cost of $542,147
B.8
Lynn Creek Marina Lease
Approve a 29 year lease with Lynn Creek Marina, Ltd, for operation of a commercial marina concession operation Lynn Creek Park.
B.9
Grant application for Tarrant County Transportation Bond Program
Adopt a resolution authorizing the City Manager to submit a grand application to Tarrant County for Tarrant County Transportation Bond Program seeking funding in the amount of $14,639,160, with a city match of up to $14,639,160
B.10
Vegetation Management Services
Accept a bid from Spraymax, Inc. for a one year price agreement with three one-year optional renewals, for Vegetation Management of Earthen and Concrete Channels at an estimated annual cost of $21,698, and a bid from Greenlander, LLC, as a secondary vendor
B.11
Ash/Ruea Street and Royal Valley Road Paving and Drainage Improvements
a.
Approve a construction contract to Conaster Construction TX, L.P. by Conaster Management Group, Inc. in the amount of $1,605,898.25; authorize a 5% contingency of $80,294 for a total of $1,686,192.25 for construction of paving and drainage improvements along Ash and Ruea Street from N.E. 16th to N.E. 17th Streets and Royal Valley Road and Royal Valley Court from Corn Valley Road to Royal Valley Court;
b.
Adopt an ordinance amending the 2004/2005 Capital Improvements Project Budget;
c.
Adopt a Reimbursement Resolution for Ash/Ruea and Royal Valley paving and drainage improvement projects.
B.12
Change Orders #2 and #3 - FY 04 Water Main Replacements
Approve Change Order #2 in the amount of $12,939, and #3 in the amount of $7,389, with RKM Utilities, Inc. for the FY 04 Water Main Replacement Project.
B.13
National Incident Management System (NIMS)
Adopt a resolution adopting the National Incident Management System (NIMS).
B.14
SH 161 Utility Relocations
a.
Approve a construction contract with Patco Utilities in the amount of $3,912,552 for the SH 161 Water and Wastewater Utility Relocations, Segment 2, and authorize a 5% contingency of $195,627;
b.
Adopt an ordinance amending the 2004/05 Capital Improvements Budget
B.15
Prevention of the Use of Groundwater in an Area near Turner Parkway and Densman Street
Adopt an ordinance to serve as a covenant running with the land to prevent use of contaminated groundwater by the public
B.16
Developer Agreement with SNK Realty Group - Alborada Apartments
a.
Approve a Developer Agreement with SNK Development, Inc for their participation in the oversize off-site drainage improvements for Alborada Apartments along Magna Carta Blvd. in the amount of $443,625
b.
Adopt an ordinance amending the 2004/2005 Capital Improvements Project Budget
B.17
Amendment to Existing Interlocal Agreement with Arlington
Amend the existing Interlocal Agreement with the City of Arlington to transfer the water service from two properties in the Great Southwest Industrial District (1101 and 1111 North Great Southwest Parkway) from Arlington Water System to Grand Prairie Water System
B.18
Shady Grove Park Site
Approve a consultant agreement change order in the amount of $9,500, to Oliver Windham for design and construction documents for the Shady Grove Park Site Improvements Project
B.19
FY 05 Water Main Replacements
Award a construction contract with Municipal Utilities, Inc. in the amount of $443,263, authorize a 5% contingency of $22,163, engineering in the amount of $24,000, for a total cost of $489,426, for the FY 05 Water Main Replacements
B.20
Architectural Services to Remodel/Renovate Water Utilities Warehouse on Small Hill Street
Approve an architectural contract with McCaslin Associates, Inc. in the amount of $52,700, and authorize a 5% contingency of $2,635, for the remodeling and renovation of the old water utilities warehouse as a meeting, training, and office building
B.21
Peninsula Elevated Water Tank
Award a construction contract with Landmark Structures, L.P. in the amount of $2,486,000, authorize a 5% contingency of $124,300, and Engineering in the amount of $49,720, for a total of $2,660,020, for the 2 million-gallon peninsula elevated water tank
B.22
Amendment to Interlocal Agreement with Cedar Hill
Approve an amendment to the Interlocal Agreement with Cedar Hill to provide for use of a water line easement within the City of Cedar Hill and modify the Lake Ridge II Sectors Designations in Cedar Hill that are allowed to flow to the Grand Prairie Wastewater Collection System.
B.23
Mobile Command Unit Shelter - Contract Award
a.
Award a contract to Moore Construction Management, Inc. for the construction of a shelter to house the Police Department Mobile Command Unit and three (3) Fire Department reserve fire engines in the amount of $78,809 plus a 5% contingency of $3,941, for a total of $82,750; and
b.
Adopt an ordinance amending the FY 2004-05 Capital Improvements Project Budget
ITEMS REMOVED FROM THE CONSENT AGENDA FOR INDIVIDUAL CONSIDERATION
B.4
Veterans Park Dog Park
Council Member Swafford asked Rick Herold, Parks and Recreation Director, if the cost of the park is actually $490,000, or if that was an estimate. Mr. Herold replied that it was an estimate and there would not be a firm price until bids were received. Mr. Swafford also noted that the design cost of $50,574 equates to 10.3% of project costs which seemed steep. Mr. Herold noted that at this time all work done has been in house and no commitments have made to this funding.
Council Member Jensen asked if there was a budget to work with. Mr. Herold stated that he and the committee had looked at the best dog park that would fit our city, and had worked with Prairie Paws staff, and parking needs at the shelter, along with restroom facilities escalated the cost. He commented that some parks do not have restrooms because of the problems involved. Mr. Jensen expressed surprise at the estimated cost of the proposed park. Council Member Shotwell noted that when this proposal came up it was with the idea that the citizens’ group was going to solicit contributions, and perhaps advertise on the fence to raise money. Mr. Herold stated that there is a dedicated group of people who will go out and fundraise. He said that he felt there was a void in the community and wanted this to be a quality project. Jennifer Vuitel, Manager of Prairie Paws Adoption Center, stated that at the beginning one of the discussions was when the shelter came in under budget those funds could be used for this project. It was suggested that the group raise funds for amenities, not for construction of the park itself. Mr. Herold gave the proposed sources of funding for the project. Mr. Shotwell questioned the use of solid waste funds for this project.
Council Member Fregoe stated that the Public Safety, Health and Environmental Committee had not been briefed on this project. He stated that he was supportive of the concept from the outset, but the amount of the project was an overwhelming concern. Mr. Fregoe stated that he had understood this would be a public/private partnership. He commented that he understood the Parks Department would be responsible for maintenance of the park and asked what the role of the Prairie Pals group would be. Mr. Herold replied that there would be a partnership with Prairie Pals which will be a fundraising organization when they acquire the 501(c)3 designation. Mr. Fregoe added that he had a concern about taking money from other funds for this project and could not support it as presented.
Council Member Swafford added that it seemed wrong to adopt an ordinance to fund the project when there was not a bid for the amount requested. He stated that this proposal had come before the Finance and Government Committee and that committee chose not to make a recommendation.
Council Member Shotwell moved to table this item for a month to allow time to gather more information with regard to funding and fundraising.
Mayor England asked that speakers be allowed to speak before a second on the tabling motion. Mayor suggested funding from a major sponsor, such as Purina Dog Chow.
Deb Koplen, 814 Danish Drive, stressed that Council should not think of this as a dog park, but rather a people park for those who have dogs. She added that more people will be interacting at this park than most other parks in Grand Prairie. As the spokesperson for Paw Pals, Ms. Koplen stated that the organization was formed to do ongoing maintenance. The park will provide an activity for senior citizens, who many times can’t have a dog in their residences, but could come to the dog park and interact with dogs and dog owners. The Prairie Pals group would also provide dog training. The park would also provide a place for handicapped people don’t have a place to take their dogs. She stated the group will be asking for more trees and lighting. She asked Council to review the project costs to see how much is allocated for parking. She reiterated the need for a restroom.
Miggy Scott, 636 Teresa Lane, stated that Fort Worth has “Fort Woof” (dog park), and White Rock Lake also has one. She stated that the interaction people have in these dog parks is wonderful. It also provides apartment residents with a place to walk their dogs.
Don Postell, City Attorney, read into the record those who submitted speaker cards in support of this item: Kenda Stacy, 3301 Wolfforth; JoAnne Franzenburg, 4915 Kesler, Arlington; Bob Bradford, 3914 Willowood Lane; Shirley Bradford, 3914 Willowood Lane; Viva Nunnelley, 706 Finland; Gus Virkus, 454 Lake Park Drive; Joelyn Howard, 2824 Grandview Drive; Lois Phipps, 109 W. Baron; Sally Richardson, 821 Country Club Place; Michael Richardson, 821 Country Club Place; Linda Shearin, 2613 Lake Park; Roy Shearin, 2613 Lake Park; Dawn Cummings, 4334 Fairmont Drive; Lois Olson, 509 NE 4th Street; Sue McManus, 817 Cielo Viesta Drive; Joyce Hester, 30 E. Mountain Lane; and Bob Stacy, 3301 Wolfforth.
Council Member Thorn seconded a motion to table for one month an ordinance amending the 2004/05 Capital Improvement Projects Budget, for the design, development, and construction of a dog park in Veterans Park in the amount of $490,029, to allow staff time to gather requested information.
Ayes:
Council Members Fregoe, Herring, Jensen, Shotwell, Swafford, Thorn, Mayor Pro Tem Jackson, and Mayor England
Nays:
None
The motion carried unanimously.
Mayor England called a recess at 7:35 p.m. and reconvened the meeting at 7:48 p.m.
C.0
Public Hearing Consent Agenda
Council Member Shotwell moved, seconded by Mayor Pro Tem Jackson, to table Items C.1, C.3 and C.4 until these cases are reactivated by the applicants, and approve the withdrawal of Item C.2.
Ayes:
Council Members Fregoe, Herring, Jensen, Shotwell, Swafford, Thorn, Mayor Pro Tem Jackson, and Mayor England
Nays:
None
The motion carried unanimously as follows:
C.0
Public Hearing Consent Agenda
C.1
SU050702 - Specific Use Permit - Auto Recyclers - 4412 E. Jefferson Street
Table a request for approval to reactivate a previously revoked Specific Use Permit for an auto salvage facility. The site is generally located north of East Jefferson Street and west of Mountain Creek, and is currently zoned Heavy Industrial (HI). On July 25, 2005 the Planning and Zoning Commission tabled this case by a vote of 7-0 until such a time that the case is brought back to the Commission by the applicant and staff.
C.2
SU040801 - Specific Use Permit - Blue Bonnet Worldwide
Withdrawal of a request for approval of a Specific Use Permit for an assisted living facility within an existing residence. The site is generally located south of West Ferndale Lane and west of Gregory Lane, and is currently zoned Single Family - Three (SF-3) Residential. On July 25, 2005 the Planning and Zoning Commission denied this request without prejudice by a vote of 7-0.
C.3
Z050703 - Zoning Change - Grand Park Villas
Table a request for approval to amend Planned Development-164. The proposed amendment is for the development of 188-townhome lots on approximately 22.16 acres. The site is generally located east of NW 19th Street, west of North Carrier Parkway and directly across the street from CP Waggoner Park. On July 25, 2005 the Planning and Zoning Commission tabled this case by a vote of 7-0 until the applicant reactivates the case.
C.4
CPA050701 - Comprehensive Plan
Table a request for approval of the Comprehensive Plan for the City of Grand Prairie. The plan updates all previous Comprehensive Plans, the Comprehensive Plan Map, Future Land Use Definitions, Thoroughfare Definitions, and Community Facilities Standards.
D.0
Public Hearings on Zoning Applications
D.1
S050701 - Site Plan - National Autobody Parts Warehouse
Kevin Lasher, Chief City Planner, reviewed a request for approval of a Site Plan containing 6.39 acres for the development of an approximate 78,000 square foot warehouse lease building. The site is generally located west of NE 22nd Street and situated between East Main Street and Pine Street, and is currently zoned Planned Development - 60 (PD-60). On July 25, 2005, the Planning and Zoning Commission recommended approval of this request and all applicant appeals by a vote of 7-0. Mr. Lasher stated that the applicant wishes to construct an approximate 73,800 sq. ft. warehouse building on the east site and north of this facility the applicant proposed to expand an existing warehouse facility by 23,000 sq. ft. Both of these sites have been combined into one site plan request in order to accomplish a uniform application of all building standards. The applicant is working with the city and the adjacent property owner for right-of-way vacation of a 149’ segment of NE 21st Street. If this segment is abandoned, the owner will utilize it as a parking lot. However, if the vacation is not accomplished, the owner has shown alternative building and parking layouts for both the abandoned and non-abandoned right-of-way scenarios. Mr. Lasher outlined three appeals requested by the applicant: on the east site, which backs up to single family residences, the applicant want a building setback of 6’ from the property line in lieu of 25’; requesting to waive the screening fence requirement and utilize existing the tree line as a screening device; the third variance would apply if the street right-of-way is abandoned, in which case the applicant will require a 3 space parking variance (from required 186 to 183). The Planning and Zoning Commission and staff recommend approval of all three appeals.
Mr. Mike Dolabi, President of National Autobody Parts Warehouse, 3515 Indian Trail, Dalworthington Gardens, thanked staff for working with him to make this project happen. Council Member Shotwell remarked that Mr. Dolabi’s business is one of the best looking businesses on Main Street and the city wants to keep good business owners. Mr. Shotwell asked if there would be a green space on the east side. Mr. Dolabi stated there would be a 6’ green space there which will be closed off on both ends to keep out potential vandals.
Mayor Pro Tem Jackson commented that this property has a wonderful front yard which is a historic site for Grand Prairie. It is one of the last remnants of the original paving of the old turnpike that came through Grand Prairie and was also part of the Bankhead Hwy. She added that there will eventually be a State marker on this site and asked Mr. Dolabi to help preserve the site.
Council Member Shotwell moved, seconded by Mayor Pro Tem Jackson, close the public hearing and approve Case S050701 per Planning and Zoning Commission and staff recommendations.
Ayes:
Council Members Fregoe, Herring, Jensen, Shotwell, Swafford, Thorn, Mayor Pro Tem Jackson, and Mayor England
Nays:
None
The motion carried unanimously.
D.2
SU050701 - Specific Use Permit - Children First, Inc.
Mr. Lasher reviewed a request for approval of a Specific Use Permit for a Philanthropic Organization. The organization proposes to utilize existing office space within St. John's Lutheran Church. The site is generally located north of Small Street and west of NE 4th Street, and is currently zoned Single Family-Two (SF-2) Residential. On July 25, 2005, the Planning and Zoning Commission recommended approval of this request by a vote of 7-0.
Don Postell read into the record those who were present to support: Gail Wills, 2009 Dogwood Court; Wayne Hanks, 1909 Westminster; Jayne Christian, 1009 Sandra Lane; Martha Wright, 630 Dalworth; Greg Giessner, 1024 Brandy Station Road; Deb Koplen, 814 Danish Drive; Lois Phipps, 109 W. Baron; and Lois Olson, 509 NE 4th Street.
Council Member Shotwell moved, seconded by Mayor Pro Tem Jackson, to close the public hearing and approve Case SU050701.
Ayes:
Council Members Fregoe, Herring, Jensen, Shotwell, Swafford, Thorn, Mayor Pro Tem Jackson, and Mayor England
Nays:
None
The motion carried unanimously.
E.0
Items for Individual Consideration
E.1
Public Hearing and Expansion of Westchester Public Improvement District No. 1.
Lee Harriss, stated that the Westchester Square petition has met all legal requirements. The area is located at Robinson Road and Polo Road, and consists of 10 acres and 49 lots. The average assessment would be approximately $124.
Kristi Roberson, 824 Times Street, stated that she supported the annexation into the Westchester PID and felt this would help to maintain property values.
Mr. Postell read into the record those who supported this item, but who did not wish to speak: Mike Hohertz, 4506 Rosemont.
Council Member Shotwell stated that the 51% who signed the petition was close and asked if the remainder were those they couldn’t contact. Ms. Harriss replied that they were.
Council Member Jensen moved, seconded by Council Member Fregoe to close the public hearing and adopt an ordinance annexing Westchester Square into PID No. 1.
Ayes:
Council Members Fregoe, Herring, Jensen, Shotwell, Swafford, Thorn, Mayor Pro Tem Jackson, and Mayor England
Nays:
None
The motion carried unanimously.
E.2
Appointments to Grand Prairie Sports Facilities Development Corporation
Council Member Swafford moved, seconded by Mayor Pro Tem Jackson to appoint Curtis Anderson, and Council Member Ron Jensen, to the Grand Prairie Sports Facilities Development Corporation, with terms to expire July 31, 2007.
Ayes:
Council Members Fregoe, Herring, Jensen, Swafford, Thorn, Mayor Pro Tem Jackson, and Mayor England
Nays:
Council Member Shotwell
The motion carried unanimously.
E.3
Board and Commission Appointments
Mayor Pro Tem Jackson moved, seconded by Council Member Swafford, to appoint the following board and commission members:
Animal Shelter Advisory Committee: Renee Simmons, term to expire July 31, 2007
Building Advisory and Appeals Board: Felix Imade, term to expire July 31, 2007
Commission on Aging: Nancy Anne Ellis, term to expire July 31, 2007
Disabled Services Commission: Tonya Warren, term to expire July 31, 2007
Historical Commission: Brian Bingham, term to expire July 31, 2006
Housing and Community Improvement Commission: Jo Campbell, term to expire July 31, 2007
Zoning Board of Adjustments: Alternate, Jeff Copeland (to replace Lila Thorn), term to expire July 31, 2007
Ayes:
Council Members Fregoe, Herring, Jensen, Shotwell, Swafford, Thorn, Mayor Pro Tem Jackson, and Mayor England
Nays:
None
The motion carried unanimously.
F.1
Citizen Comments
There were no citizen comments.
F.2
Adjournment
The meeting was adjourned at 8:12 p.m.
____________________________________
Catherine E. DiMaggio, City Secretary
THE FOREGOING MINUTES WERE OFFICIALLY APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, AT THEIR REGULAR MEETING OF AUGUST 23, 2005.
