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HomeMy WebLinkAboutItem 05 - MinutesSTATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 18th day of February, 2003 at 6:30 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to -wit: William D. Tate Ted R. Ware Sharron Spencer C. Shane Wilbanks Clydene Johnson Roy Stewart Darlene Freed Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Council Member constituting a quorum, with the following members of the City Staff: Roger Nelson City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Melisa Leal Assistant to the City Manager Jennifer Hibbs Assistant to the City Manager CALL TO ORDER Mayor Tate called the meeting to order at 6:33 p.m. ITEM 1. DISCUSS_ PROPOSED AMENDMENTS, CHAPTER 17 PEDDLERS AND SOLICITORS City Manager Roger Nelson and Assistant City Attorney Matthew Boyle briefed the City Council regarding proposed amendments to Chapter 17 Peddlers and Solicitors relative to regulation of solicitors within the City's rights-of-way to address days, hours and number of permits allowed per year. Mr. Boyle noted that public safety issues are the main concerns in considering amendments to the City's ordinance. There was no action taken by the City Council. ADJOURNMENT Council Member Stewart, seconded by Mayor Pro Tem Ware, offered a motion to adjourn the workshop at 7:00 p.m. The motion prevailed by the following vote: 02/18/03 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed tlA Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 4th day of March, 2003. ATTEST: Linda Huff City Secretary K William D. Tate Mayor STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Special Session (Executive Session) on this the 18th day of February, 2003 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 Ted R. Ware Sharron Spencer C. Shane Wilbanks Clydene Johnson Roy Stewart Darlene Freed Mayor Mayor Pro Tern Council Member Council Member Council Member Council Member Council Member constituting a quorum, with the following members of the City Staff: Roger Nelson City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Melisa Leal Assistant to the City Manager Jennifer Hibbs Assistant to the City Manager CALL TO ORDER Mayor Tate called the meeting to order at 7:03 p.m. ITEM 1. ... EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding: (A) real property relative to public parking on south Main Street; and (B) 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 Sections 551.072 and 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 Sections 02/18/03 551.072 and 551.087, Texas Government Code. NOTE: City Council continued with the Regular City Council meeting in open session in the Council Chambers. Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to adjourn the meeting at 8:03 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 4th day of March, 2003. ATTEST: 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 18th day of February, 2003 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 Clydene Johnson Roy Stewart Darlene Freed Mayor Mayor Pro Tern Council Member Council Member Council Member Council Member Council Member constituting a quorum, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Chris Coy Member Kevin Busbee Member Danette Murray Member Betty Nicholson Member Michael Crapp Alternate Becky St. John Alternate constituting a quorum, with Commissioner Herbert Fry and Commissioner Rob Undersander absent, with the following members of the City Staff: Roger Nelson City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Melisa Leal Assistant to the City Manager Jennifer Hibbs Assistant to the City Manager MWANUML �gmacj Mayor Tate called the meeting to order at 7:35 p.m. INVOCATION Commissioner Busbee delivered the Invocation. ITEM 1. PUBLIC HEARING, ZONING APPLICATION Z02-10 CROSS CREEK RETAIL Mayor Tate declared the public hearing open. 02/18/03 Planner Ron Stombaugh reported Zoning Application Z02-10 had been filed by Cross Creek Retail requesting rezoning of approximately 31 acres located at the southwest corner of F. M. 2499 and the Grapevine/Flower Mound city limit line from "PID" Planned Industrial Development District to "CC" Community Commercial District Regulations. The case was tabled January 21, 2003 at the applicant's request. The subject property is being rezoned for a proposed retail development. Mr. Gordon Mayer 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 Murray, seconded by Commissioner Busbee, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Busbee, Murray, Nicholson, Crapp & St. John Nays: None Absent: Fry & Undersander Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: v Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 2. PUBLIC HEARING CONDITIONAL USE APPLICATION CU02-60 OPRYLAND-HOTEL TEXAS FINAL PLAT LOTS 1-3, BLOCK 1, OPRYLAND SECOND ADDITION Mayor Tate declared the public hearing open. Planner Stombaugh reported Opryland-Hotel Texas had filed Conditional Use Application CU02-60 and the application for the final plat of Lots 1-3, Block 1, Opryland Second Addition being a replat of Tract 1, Tract 2 and a portion of Tract 3, Lakecrest Addition and all of Block 3, W. R. Boyd Center. The conditional use application requests an amendment to the site plan approved by Ordinance No. 99-183 to eliminate the Employee Service Center and the day-care center and to establish a commercial parking lot containing 1,102 spaces on the property located at 950 Turner Road. The subject property is zoned "CC" Community Commercial District Regulations. Mr. Stombaugh advised there will be a three foot berm with a three foot screening fence and heavy landscaping along Turner Road and a portion of Boyd Drive and Ruth Wall. Also, there is a six-foot masonry screening fence proposed along Northwest Highway. Mr. Palmer Bartlett, of Hnedak Bobo Architecture Group, requested favorable consideration of the application. 1►. 02/18/03 There were no questions from the City Council or the Planning & Zoning Commission Mayor Tate invited guests present to comment regarding the application. Ms. Jana Eaves, representing Fakin Platnick Realty Group, expressed their opposition to building only the parking lot and not the previously approved facilities. She noted concerns about increased traffic, noise pollution and security issues. City Secretary Huff reported the one letter opposing the application had been copied to the City Council and Planning & Zoning Commission. Commissioner Coy, seconded by Commissioner Crapp, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Busbee, Murray, Nicholson, Crapp & St. John Nays: None Absent: Fry & Undersander Council Member Johnson, 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, Johnson, Stewart & Freed Nays: None ITEM 3. PUBLIC HEARING, FINAL PLAT LOTS 19R1 AND 19R2, BLOCK 3, PLACID PENINSULA, REPLAT OF LOT 19R, BLOCK 3 PLACID PENINSULA Mayor Tate declared the public hearing open. Senior Civil Engineer Scott Dyer reported Mr. Greg Thibodeau had filed the application for the final plat of Lots 19R1 and 19R2, Block 3, Placid Peninsula being a replat of Lot 19R, Block 3, Placid Peninsula. The 1.71 acre property is located on the north end of Peninsula Drive and is zoned "R-7.5" Single Family District Regulations and is being platted for development of two homes. 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 Nicholson, seconded by Commissioner Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Busbee, Nays: None Absent: Fry & Undersander Murray, Nicholson, Crapp & St. John 3 02/18/03 Council Member Stewart, seconded by Council Member Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 4. PUBLIC HEARING, FINAL PLAT LOTS 5R1 AND 5R2, BLOCK 1A SOUTHWEST GRAPEVINE COMMERCIAL PARK Mayor Tate declared the public hearing open. Senior Civil Engineer Scott Dyer reported Mr. Phil Salyer had filed an application for the final plat of Lots 5R1 and 5R2, Block 1, Southwest Grapevine Commercial Park being a replat of Lot 5, Block 1, Southwest Grapevine Commercial Park. The 3.606 acre property is located on the southeast corner of Mustang Drive and southwest corner of Grapevine Parkway and is zoned "CC" Community Commercial District Regulations. The property is being platted for development as an office complex. 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. rte Commissioner Busbee, seconded by Commissioner Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Busbee, Murray, Nicholson, Crapp & St. John Nays: None Absent: Fry & Undersander Mayor Pro Tern Ware, seconded by Council Member Spencer, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None 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. ITEM 5. ORDINANCE, DECLARE 45 DAY MORATORIUM ON SOLICITATION ACTIVITIES IV. 02/18/03 City Manager Roger Nelson requested approval of an ordinance declaring a 45 day moratorium on solicitation activities in Grapevine. He stated that during Staff's review of Chapter 17 dealing with solicitation in the rights-of-way, it has come to Staffs attention that the tool to conduct criminal background checks is no longer available. The alternative would be to contract with a third party for criminal background checks of solicitors to ensure the safety and welfare of citizens. The current ordinance does not provide the City with the ability to charge an applicant for a background check and permit fees are currently waived for solicitors that are either charitable in nature or are conducting interstate commerce. Staff requests approval of the 45 day moratorium to address the public safety issues of the solicitor's ordinance as well as all aspects of the City's peddler's and solicitor's ordinance. Motion by Council Member Freed, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2003-09 AN ORDINANCE DECLARING A FORTY-FIVE (45) DAY MORATORIUM ON SOLICITATION OR SELLING MERCHANDISE BY ANY INDIVIDUAL, INSTITUTION OR GROUP ORGANIZED FOR POLITICAL, RELIGIOUS, CHARITABLE OR PROFITABLE PURPOSES WITHIN THE CITY OF GRAPEVINE; TEXAS DIRECTING THE CITY MANAGER TO REVIEW AND PROPOSE AMENDMENTS TO CHAPTER 17 OF THE CODE OF ORDINANCES TO ENSURE THE SAFETY AND GENERAL WELFARE OF THE CITIZENS OF GRAPEVINE, TEXAS AND PERSON(S) CONDUCTING SOLICITATION ACTIVITIES; PROVIDE A PENALTY FOR VIOLATIONS THEREOF; AND EXEMPT CITY -APPROVED SPECIAL EVENTS, VENDORS SELLING FOOD OR DRINK PRODUCTS FROM A MOTORIZED VEHICLE, AND VEHICLES FOR HIRE AND REPAIR FROM THE REGULATIONS OF THIS MORATORIUM; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE CKi o ain�Te3 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 6. Resolution Contract with Search Wide Convention & Visitors Bureau Director of Sales Convention & Visitors Bureau Director recommended approval of a resolution authorizing a contract with Search Wide in the amount of $20,000.00 to fill the Director of Sales 5 02/18/03 position with the Grapevine Convention & Visitors Bureau. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2003-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO THE HIRING OF A STAFF SEARCH FIRM; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SAID CONTRACT AND PROVIDING AN EFFECTIVE DATE Item 7. License Agreement, Dallas Area Rapid Transit, South Dooley Street "At - Grade" Crossing Public Works Director recommended approval of a License Agreement with Dallas Area Rapid Transit granting the "at -grade" crossing along South Dooley Street and authorize payment in the amount of $1,200.00 for said crossing. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 8. Resolution, Authorize Increased Funding Participation, Smith Street Community Development Block Grant Program Public Works Director recommended approval of a resolution authorizing increased funding participation with Tarrant County for the Smith Street Community Development Block Grant (CDBG) project in the amount of $20,000.00 and approval of Change Order No. 1 in the amount of $23,345.00. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2003-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AUTHORIZING FUNDING PARTICIPATION WITH TARRANT COUNTY COMMUNITY DEVELOPMENT AND HOUSING FOR THE COMMUNITY N 02/18/03 DEVELOPMENT BLOCK GRANT PROJECT FOR RECONSTRUCTING SMITH STREET WITHIN THE CITY OF GRAPEVINE; AND PROVIDING AN EFFECTIVE DATE Item 9. Resolution, Endorse Continuing Industrial Pretreatment Program Public Works Director recommends approval of a resolution endorsing the implementation of a continuing Industrial Pretreatment Program for the Central Regional Wastewater System. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2003-05 A RESOLUTION OF THE CITY OF GRAPEVINE TEXAS ENDORSING THE IMPLEMENTATION OF A CONTINUING PRETREATMENT PROGRAM AS REQUIRED BY RULE 40 CFR 403 FOR THE CENTRAL REGIONAL WASTEWATER SYSTEM AND PROVIDING AN EFFECTIVE DATE Item 10. Ordinance, Amend Chapter 25 Utilities and Services, Industrial Wastewater Treatment Public Works Director recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 25 Utilities and Services relative to Industrial Wastewater Treatment to establish a process by which an industry can apply for a permit and discharge industrial waste to the wastewater system. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2003-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 25-60 THROUGH 25-86 OF CHAPTER 25 UTILITIES AND SERVICES RELATIVE TO INDUSTRIAL WASTEWATER TREATMENT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN 02/18/03 OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Item 11. Contract, Director of Instruction Grapevine Golf Academy Administrative Services Director recommended approval of a contract with Robert Singletary for services as Director of Instruction for the Grapevine Golf Academy. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 12. Contract Amendment, Freese & Nichols, Inc., Cowboy's Golf Course Administrative Services Director recommended approval of an amendment to a contract with Freese & Nichols, Inc. for environmental compliance assistance for the Cowboy's Golf Course in the amount of $30,740.00 and authorization for the City Manager to execute said contract. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 13. Renew Bid 73-2001 Horticultural Chemicals Annual Contract Parks & Recreation Director and Administrative Services Director recommended approval of the renewal of Bid 73-2001 for Horticultural Chemicals Annual Contract to the lowest and best bidders meeting specifications: Estes, Inc.; United Horticultural; Univar (formerly Turf Industries); Justin Seed and Red River Specialties. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 14. Contract, Patco Lamp and Service Company Water Treatment Plant Outdoor Lighting System Public Works Director recommended approval of the award of a contract to Patco Lamp and Service Company in the amount of $23,479.00 for the Water Treatment Plant Outdoor Lighting System. 02/18/03 Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 15. Authorize Purchase, Tractor for Municipal Golf Course Administrative Services Director recommended approval of the purchase of a John Deere tractor in the amount of $17,660.00 for the Municipal Golf Course from John Deere, Inc. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 16. Authorize Purchase, Toro Sweeper/Blower for Municipal Golf Course Administrative Services Director recommended approval of the purchase of a Toro Sweeper/Blower in the amount of $18,972.14 from Professional Turf Products, Inc. for the Grapevine Municipal Golf Course. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 17. Resolution Authorize Purchase of Mobile Radios Fire Chief recommended approval of a resolution authorizing the purchase of ten mobile radios in the amount of $30,270.00 from Motorola, Inc. for the Fire Department. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2003-06 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 9 02/18/03 Item 18. Authorize the Purchase/Installation of Computer Network Server Room Air 4} Conditioning Equipment Public Works Director recommended approval of the purchase and installation of air conditioning equipment for the computer network server room at the Police/Municipal Court Building in the amount of $21,038.00 from Brandt Service Company. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 19. Approve Verification of Lender's Rights Aqreements City of Grapevine Corps of Engineers and Opryland-Hotel Texas City Manager recommended approval of a Verification of Lender's Rights Agreement between the City of Grapevine, Corps of Engineers and Opryland-Hotel 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, Johnson, Stewart & Freed Nays: None Item 20. Consideration of Minutes City Secretary recommended approval of the minutes of the February 4, 2003 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, Johnson, Stewart & Freed Nays: None RECESS AND RECONVENE Mayor Tate announced the City Council would take a brief. Upon reconvening in the Council Chambers, all members of the City Council were present. ITEM 21. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z02-10 CROSS CREEK RETAIL Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of i Zoning Application Z02-10 filed by Cross Creek Retail granting rezoning of approximately 31 acres located at the southwest corner of F. M. 2499 and the Grapevine/Flower Mound 10 02/18/03 city limit line from "PID" Planned Industrial Development District to "CC" Community Commercial District Regulations. Council Member Spencer, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation and approve the ordinance granting the rezoning. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2003-11 AN ORDINANCE 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 OF GRAPEVINE, TEXAS, GRANTING ZONING CHANGE Z02-10 ON A TRACT OF LAND OUT OF THE J.M. BAKER SURVEY, ABSTRACT NO. 167, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "PID" PLANNED INDUSTRIAL DEVELOPMENT DISTRICT TO "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 22. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU02-60 OPRYLAND-HOTEL TEXAS Chairman Oliver reported the Planning & Zoning Commission voted 4-3 for approval of Conditional Use Application CU02-60 filed by Opryland-Hotel Texas granting a conditional use permit for an amendment to the site plan approved by Ordinance No. 99-183 to establish a commercial parking lot on property located at 950 Turner Road. The subject property is zoned "CC" Community Commercial District Regulations. 11 02/18/03 Mayor Pro Tem Ware, 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, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2003-12 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 CU02-60 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 99-183 TO ALLOW THE DEVELOPMENT OF A COMMERCIAL PARKING LOT 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 23. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1-3 BLOCK 1, OPRYLAND SECOND ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 4-3 for approval of the Statement of Findings and the final plat of Lots 1-3, Block 1, Opryland Second Addition and hereby vacate and abandon all prior plats of the subject property specifically including any dedicated easements. The 24.112 acre property is located at the northwest corner of Northwest Highway and Ruth Wall and is being platted for development of a parking lot and future commercial pad sites. The property is zoned "CC" Community Commercial District Regulations. Council Member Spencer, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lots 1-3, Block 1, Opryland Second Addition and hereby vacate and abandon 12 02/18/03 all prior plats of the subject property specifically including any dedicated easements. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 24. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 19R1 AND 19R2, BLOCK 3, PLACID PENINSULA Chairman Oliver reported the the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and final plat of Lots 19R1 and 19R2, Block 3, Placid Peninsula located at the north end of Peninsula Drive. The 1.71 acre property is being platted for development of two homes and is zoned "R-7.5" Single Family Residential District. Council Member Johnson, 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 19R1 and 19R2, Block 3, Placid Peninsula. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 25. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 5R1 AND 5R2, BLOCK 1, SOUTHWEST GRAPEVINE COMMERCIAL PARK Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 5R1 and 5R2, Block 1, Southwest Grapevine Commercial Park and is located at the southeast corner of Mustang Drive and Southwest Grapevine Parkway. The 3.606 acre property is being platted for development of an office building and is zoned "CC" Community Commercial District Regulations. Council Member Wilbanks, seconded by Mayor Pro Tern Ware, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lots 5R1 and 5R2, Block 1, Southwest Grapevine Commercial Park. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ADJOURNMENT Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to adjourn the meeting at 8:03 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None 13 02/18/03 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 4th day of March, 2003. ATTEST: Linda Huff City Secretary im William D. Tate Mayor