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HomeMy WebLinkAboutItem 15 - MinutesSTATE 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 19th day of October, 2004 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 Tem Sharron Spencer Council Member C. Shane Wilbanks Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with Council Member Clydene Johnson absent, 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 and 551.087, Texas Government Code. NOTE: City Council continued with the Regular City Council meeting in open session in the Council Chambers. 10/19/04 ADJOURNMENT Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 8:19 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 2nd day of November, 2004. Linda Huff City Secretary 2 William D. Tate Mayor 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 19th day of October, 2004 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 Ted R. Ware Sharron Spencer C. Shane Wilbanks Roy Stewart Darlene Freed Mayor Mayor Pro Tern Council Member Council Member Council Member Council Member constituting a quorum, with Council Member Clydene Johnson absent, with the following members of the Planning & Zoning Commission: Larry Oliver Herbert Fry Danette Murray Betty "BJ" Wilson Rob Undersander Becky St. John Paul Jennings Mark Lowery Chairman Vice Chairman Member Member Member Member Alternate Alternate constituting a quorum, with Commissioner Chris Coy absent, 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 9011fifflmgmm Mayor Tate called the meeting to order at 7:40 p.m. INVOCATION Commissioner Murray delivered the Invocation. 10/19/04 ITEM 1. PUBLIC HEARING CONDITIONAL USE APPLICATION CU04-31 TARGET CORPORATION Mayor Tate declared the public hearing open. Planner Ron Stombaugh reported Conditional Use Application CU04-31 had been filed by Target Corporation requesting a conditional use permit to amend the site plan approved by Ordinance No. 2003-52 for the possession, storage, retail sale and off -premise consumption of alcoholic beverages (beer and wine only). The subject property is located at 1101 Ira E. Woods Avenue and is zoned "CC" Community Commercial District Regulations. Mr. Andrew Lee 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. City Secretary Huff reported the Council and Commission had been copied the one letter of protest. Commissioner Murray, seconded by Commissioner St. John, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Murray, Wilson, Undersander, St. John & Jennings Nays: None Absent: Coy Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson ITEM 2. PUBLIC HEARING CONDITIONAL USE APPLICATION CU04-33 D'VINE WINE Mayor Tate declared the public hearing. Note: Council Member Freed left the Council Chambers. Planner Stombaugh reported Conditional Use Application CU04-33 had been filed by D'Vine Wine requesting a conditional use permit for the possession, storage, retail sale and on and off premise consumption of alcoholic beverages (wine only). The subject property is located at 409 South Main Street and is zoned "CBD" Central Business District. 10/19/04 Mr. Robert Landon 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 there was no correspondence to report. Commissioner Fry, seconded by Commissioner St. John, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Murray, Wilson, Undersander, St. John & Jennings Nays: None Absent: Coy Council Member Stewart, seconded by Mayor Pro Tem Ware, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson Note: Council Member Freed returned to the Council Chambers. ITEM 3. PUBLIC HEARING CONDITIONAL USE APPLICATION CU04-36 SPECIAL USE APPLICATION SU04-03 BOSTON PIZZA Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU04-36 and Special Use Application SU04-03 had been filed by Boston Pizza requesting a conditional use permit to amend the site plan approved by Ordinance No. 2004-36 for the possession, storage, retail sale and on premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant. The applicant proposes a 6,237 square foot restaurant with seating for 246 patrons and one 40 -foot pole sign along State Highway 121. The special use application requests a special use permit for one pool table. The subject property is located at 1713 Crossroads Drive and is zoned "CC" Community Commercial District Regulations. Mr. Max Cannon 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. City Secretary Huff reported the Council and Commission had been copied the one letter of protest and the one letter of concern. 3 10/19/04 Commissioner Undersander, seconded by Commissioner Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Murray, Wilson, Undersander, St. John & Jennings Nays: None Absent: Coy Council Member Spencer, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson ITEM 4. PUBLIC HEARING AMEND GRAPEVINE CODE OF ORDINANCES, APPENDIX D, COMPREHENSIVE ZONING ORDINANCE NO. 82-73, AS AMENDED, SECTION 26 "HC" HIGHWAY COMMERCIAL DISTRICT Mayor Tate declared the public hearing open. Planner Stombaugh reviewed the proposed amendments to the Grapevine Code of Ordinances, Appendix D, the Comprehensive Zoning Ordinance No. 82-73, as amended, Section 26 "HC" Highway Commercial District relative to golf and utility cart sales and service as a conditional use. 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 there was no correspondence to report. Commissioner Jennings, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Murray, Wilson, Undersander, St. John & Jennings Nays: None Absent: Coy Council Member Freed, seconded by Council Member Stewart, offered a motion to close the public, hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson ITEM 5. PUBLIC HEARING, FINAL PLAT LOT 2R, FLOYD HARRIS SUBDIVISION, REPLAT OF PORTION OF LOT 2, FLOYD HARRIS SUBDIVISION !R Mayor Tate declared the public hearing open. Senior Civil Engineer Scoff Dyer reported Constantino R. Sanchez had filed the application for the final plat of Lot 2R, Floyd Harris Subdivision, being a replat of a portion of Lot 2, Floyd Harris Subdivision. The subject 0.23 acre property is located at 503 West Northwest Highway and is zoned "HC" Highway Commercial District. The property is being platted for a retail development. 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 there was no correspondence to report. Commissioner Murray, seconded by Commissioner St. John, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Murray, Wilson, Undersander, & Jennings Nays: None Absent: Coy Council Member Freed, seconded by Council Member Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson 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. Note: Items 6 and 7 were unintentionally omitted during the numbering process of the agenda. REFUNDING BONDS, SERIES 2004 Administrative Services Director William Gaither requested approval of an ordinance authorizing the sale of $7,345,000.00 General Obligation Refunding Bonds, Series 2004. The Series 1995 Bonds were issued for the purpose of streets, storm drainage and 61 H 11 us ism, appurtenances; City Hall; Community Activities Center and a swimming pool. The Series 1996 Certificates of Obligations were issued for improvements in TIF #1, the Grapevine Mills Mall TIF. Ms. Laura Alexander, representing First Southwest, reported the City has the following ratings with Moody's Investors Service, Inc. "Aaa" and "Al" and with Standard & Poor's Rating Group as "AAA" and "AA-". She recommended award of the $7,345,000.00 General Obligation Refunding Bonds, Series 2004 at a rate of 3.8150711% to SAMCO Capital Markets, Southwest Securities and FTN Financial Capital Markets. Council Member Spencer, seconded by Council Member Wilbanks, offered a motion to adopt the ordinance for the issuance of $7,345,000.00 General Obligation Refunding Bonds, Series 2004 as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson #RDINANCE NO. 2004-6-1 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF CITY OF GRAPEVINE, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2004, IN THE AGGREGATE PRINCIPAL AMOUNT OF $7,345,000; LEVYING A TAX IN PAYMENT THEREOF; PRESCRIBING THE FORM OF SAID BONDS; APPROVING THE OFFICIAL STATEMENT; APPROVING EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT AND AN ESCROW AGREEMENT; AND ENACTING OTHER PROVISIONS RELATING THERETO ITEM 9. ORDINANCE, AMEND CHAPTER 23 TRAFFIC Note: Mayor Tate turned the meeting over to Mayor Pro Tern Ware and left the Council Chambers. Traffic Engineer Ramana Chinnakotla recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 23 Traffic, Section 23-63 to establish No Parking Zones on portions of College Street and Franklin Street. He stated a "no parking" zone from 7:00 a.m. to 6:00 p.m. is proposed on the north side of College Street from Church Street east for a distance of 300 feet. A "no parking" zone is proposed on the south side of Franklin Street between Main Street and Church Street. Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to adopt the ordinance as presented. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed N. Nays: None Absent: Johnson �a ' • iii • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 23 TRAFFIC, SECTION 23-63 RELATIVE TO NO PARKING ZONES, RESTRICTED PARKING ZONES; 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; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Note: Mayor Tate returned to the Council Chambers and Mayor Pro Tem Ware returned the meeting to Mayor Tate. ITEM 10. SHUTTLE CONCESSION AGREEMENT GAYLORD RESORT AND CONVENTION CENTER ON LAKE GRAPEVINE Assistant City Manager Bruno Rumbelow requested approval of a one-year Shuttle Concession Agreement between the City of Grapevine and Gaylord Resort and Convention Center on Lake Grapevine to provide visitors and conventioneers shuttle service to and from Gaylord, Bass Pro Shop, Grapevine Mills Mall and downtown Grapevine. The cost of the annual agreement is $60,000.00 funded by the City's General Fund and the Convention & Visitors Bureau Fund. Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson _ITEM 11. RESOLUTION, BOARD APPOINTMENT, NORTHEAST TRANSPORTATION SERVICES URBAN TRANSIT DISTRICT Assistant to the City Manager Jennifer Hibbs requested approval of a resolution authorizing the reappointment of the City Manager to the Board of the Northeast Transportation Services Urban Transit District (NETSUTD). The NETSUTD was formed in 2002 by the cities of Grapevine, Hurst, Euless, Bedford, Colleyville, North Richland Hills, Haltom City and Keller to provide transportation service to seniors and persons with disabilities within their geographical boundaries. 10/19/04 Mayor Pro Tern Ware, seconded by Council Member Spencer, offered a motion to approve the resolution as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson RESOLUTION NO. 2004-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS CONCERNING TRANSPORATION SERVICES ON ' BEHALF OF THE NORTHEAST TRANSPORTATION SERVICE ("NETS"), MAKING AN APPOINTMENT TO THE NORTHEAST TRANSPORTATION SERVICE URBAN TRANSIT DISTRICT ("NETSUT-&) BOARD OF DIRECTORS AND PROVIDING AN EFFECTIVE DATE ITEM 12. RESOLUTION, ACCEPT DONATION FROM GRAPEVINE-SOUTHLAKE SOCCER ASSOCIATION Parks Superintendent Kevin Mitchell requested approval of a resolution authorizing the acceptance of $85,200.00 from the G rapevi ne-South lake Soccer Association for the purchase and installation of lighting for three soccer fields at Meadowmere Park. Motion by Council Member Wilbanks, seconded by Council Member Stewart, to adopt the resolution prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson RESOLUTION NO. 2004-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ACCEPTING DONATED FUNDS FROM THE GRAPEVINE-SOUTHLAKE SOCCER ASSOCIATION FOR THE PURPOSE OF THE INSTALLATION OF LIGHTS FOR THREE SOCCER FIELDS AT MEADOWMERE PARK; PROVIDING FOR THE DONATION OF SAID FUNDS AND AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNATE TO PURCHASE THE LIGHTING; AND PROVIDING AN EFFECTIVE DATE Parks & Recreation Director Doug Evans recommended approval of the award of the bid for rubberized flooring in the weight/exercise room at the Grapevine Community Activities E-1 10/19/04 Center to Fitco in the amount of $18,250.00. Council Member Spencer, seconded by Mayor Pro Tem Ware, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson 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 14. Resolution, Cooperative Purchasing Agreement, Cellular Phone Services Administrative Services Director recommended approval of a resolution authorizing cellular phone services with Cingular Wireless, AT&T Wireless, Verizon Wireless and Sprint PCS through an established cooperative purchasing agreement with the State of Texas Department of Information Resources. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson RESOLUTION NO. 2004-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNATE TO ESTABLISH CONTRACTS FOR CELLULAR PHONE SERVICE THROUGH AN ESTABLISHED COOPERATIVE PURCHASING AGREEMENT WITH THE STATE OF TEXAS AND PROVIDING AN EFFECTIVE DATE Item 15. Award Bid 204-2004 Concrete Construction Services Annual Contract Public Works Director recommended approval of the award of Bid 204-2004 Concrete Construction Services Annual Contract to Manning Concrete, primary vendor; Green Scaping, secondary vendor; and Cole Construction, third vendor. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as E� 10/19/04 recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson Item 16. Resolution, Cooperative Purchasing Agreement, Pager and Paging Services Administrative Services Director recommended approval of a resolution to establish pager and paging services with Verizon Wireless Messaging through an established cooperative purchasing agreement with Tarrant County, Texas. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson RESOLUTION NO. 2004-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNATE TO ESTABLISH A CONTRACT FOR PAGER AND PAGING SERVICES THROUGH AN ESTABLISHED COOPERATIVE PURCHASING AGREEMENT WITH TARRANT COUNTY, TEXAS AND PROVIDING AN EFFECTIVE DATE Item 17. Resolution, Interlocal Aqreement, Texas Department of Public Safety Police Chief recommended approval of a resolution authorizing participation in an interlocal agreement with the Texas Department of Public Safety for the purchase of DPS public safety forms. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson RESOLUTION NO. 2004-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO PARTICIPATION IN AN INTERLOCAL AGREEMENT WITH THE TEXAS DEPARTMENT OF PUBLIC lul 10/19/04 SAFETY AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNATE TO EXECUTE SAID AGREEMENT AND PROVIDING AN EFFECTIVE DATE Item 18. Resolution, Authorize Purchase of Mobile Radios Police Chief recommended approval of a resolution authorizing the purchase of ten mobile radios for the Police Department from Motorola, Inc. in the amount of $32,528.60. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson RESOLUTION NO. 2004-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO THE PURCHASE OF MOTOROLA PORTABLE RADIOS THAT ARE AVAILABLE FROM ONLY ONE SOURCE AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS AND DOCUMENTS AND PROVIDING AN EFFECTIVE DATE Item 19. Consideration of Minutes City Secretary recommended approval of the minutes of the October 5, 2004 City Council meetings as published. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson ITEM 20. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU04-32 LONE STAR CROSSING Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU04-32 filed by Lone Star Crossing (previously filed as Shoppes at Grapevine) granting a conditional use permit for a planned commercial center for retail and restaurant uses. The 15.73 acre property is located at the southeast corner of Grapevine Mills Parkway and Stars and Stripes Way. (This item was tabled by the Planning & Zoning Commission on September 21, 2004.) 11 10/19/04 Council Member Stewart, seconded by Council Member Freed, 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, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson ORDINANCE NO. 2004-66 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 CU04-32 FOR A PLANNED COMMERCIAL CENTER 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 21. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 2R 3 AND 4 BLOCK A GRAPEVINE VINEYARD Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 2R, 3 and 4, Block A, Grapevine Vineyard. The 8.128 acre property is located on the southeast corner of Grapevine Mills Parkway and Stars & Stripes Way and is being platted for a restaurant and retail development. The subject property is zoned "CC" Community Commercial District Regulations. Council Member Freed, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lots 2R, 3 and 4, Block A, Grapevine Vineyard. The motion prevailed by the following vote: IVA 10/19/04 Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson ITEM 22. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU04-31 TARGET CORPORATION Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU04-31 filed by Target Corporation granting a conditional use permit to amend the site plan approved by Ordinance No. 2003-52 for the possession, storage, retail sale and off -premise consumption of alcoholic beverages (beer and wine only). The subject property is located at 1101 Ira E. Wood Avenue and is zoned "CC" Community Commercial District Regulations. Council Member Stewart, seconded by Mayor Pro Tem Ware, 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, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson • as A • 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 CU04-31 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2003-52 FOR THE POSSESSION, STORAGE, RETAIL SALE, AND OFF -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER AND WINE ONLY) 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 13 DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 23. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU04-33 D'VINE WINE Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU04-33 filed by DVine Wine granting a conditional use permit for the possession, storage, retail sale and on and off premise consumption of alcoholic beverages (wine only). The subject property is located at 409 South Main Street and is zoned "CBD" Central Business District. Council Member Wilbanks, seconded by Mayor Pro Tern Ware, 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, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson [Iiii'lloilli 1 HIM ! iiiii! iiilllll'11!191�� 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 CU04-33 FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON- AND OFF -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (WINE ONLY) IN CONJUNCTION WITH A WINERY IN A DISTRICT ZONED "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 CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000-00) AND A SEPARATE OFFENSE SHALL 14 10/19/04 BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 24. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU04-36 BOSTON PIZZA Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU04-36 filed by Boston Pizza granting a conditional use permit to amend the site plan approved by Ordinance No. 2004-36 for the possession, storage, retail sale and on premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant. The subject property is located at 1713 Crossroads Drive and is zoned "CC" Community Commercial District Regulations. Council Member Stewart, seconded by Mayor Pro Tem Ware, 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, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson ORDINANCE NO. 2004-69 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 CU04-36 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2004-36 FOR THE POSSESSION, STORAGE, RETAIL SALE, AND ON -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE, AND MIXED BEVERAGES) IN CONJUNCTION WITH A RESTAURANT 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 15 10/19/04 ($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 25. PLANNING & ZONING COMMISSION RECOMMENDATION SPECIAL USE APPLICATION SU04-03 BOSTON PIZZA Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Special Use Application SU04-03 filed by Boston Pizza granting special use permit for one pool table in conjunction with the operation of a restaurant. The subject property is located at 1713 Crossroads Drive. Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the ordinance granting the special use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson AN ORDINANCE ISSUING A SPECIAL USE PERMIT IN ACCORDANCE WITH SECTION 49 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 SPECIAL USE PERMIT SU04-03 FOR ONE POOL TABLE 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 16 10/19/04 ITEM 26. PLANNING & ZONING COMMISSION RECOMMENDATION AMEND GRAPEVINE CODE OF ORDINANCES APPENDIX D COMPREHENSIVE ZONING ORDINANCE NO. 82-73 AS AMENDED SECTION 26 "HC" HIGHWAY COMMERCIAL DISTRICT Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the amendments to the Grapevine Code of Ordinances, Appendix D, the Comprehensive Zoning Ordinance No. 82-73, as amended, Section 26 "HC" Highway Commercial District relative to golf and utility cart sales and service as a conditional use. Mayor Pro Tem Ware, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the ordinance approving the amendments to Appendix D. The motion prevailed by the following vote: _ Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS AMENDING 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 PROVIDING FOR AMENDMENTS AND CHANGES TO ZONING REGULATIONS BY AMENDING SECTION 26, "HC" HIGHWAY COMMERCIAL DISTRICT; 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 27. PLANNNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 2R FLOYD HARRIS SUBDIVISION Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 2R, Floyd Harris Subdivision. The 0.23 acre property is located at 603 West Northwest Highway and is being platted for a retail development. Council Member Freed, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 2R, Floyd Harris Subdivision. The motion prevailed by the following vote: 17 10/19/04 Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson ITEM 28. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT LOTS 1 2 AND 3 BLOCK 1 DOVE ROAD ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the preliminary plat of Lots 1, 2 and 3, Block 1, Dove Road Addition. The 6.47 acre property is located at 301 North Dove Road and is being platted for a retail development. Lot 1 is zoned "PO" Professional Office District and Lots 2 and 3 are zoned "HC" Highway Commercial District. Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the preliminary plat of Lots 1, 2 and 3, Block 1, Dove Road Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson ITEM 29. PLANNING & ZONING COMMISSION RECOMMENATION FINAL PLAT LOTS 1 2 AND 3, BLOCK 1 DOVE ROAD ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 1, 2 and 3, Block 1, Dove Road Addition. The 6.47 acre property is located at 301 North Dove Road and is being platted for a retail development. Lot 1 is zoned "PO" Professional Office District and Lots 2 and 3 are zoned "HC" Highway Commercial District. Council Member Stewart, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lots 1, 2 and 3, Block 1, Dove Road Addition. The motion prevailed by the following vote: - Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 8:19p.m. The motion prevailed by the following vote: fE 10/19/04 Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Absent: Johnson PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 2nd day of November, 2004. ATTEST: Linda Huff City Secretary 19 William D. Tate Mayor