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HomeMy WebLinkAbout2004-03-23 Joint Meeting AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING WORKSHOP TUESDAY, MARCH 23, 2004 AT 6:00 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET DINNER AT 6:00 P.M. CALL TO ORDER 1. Discuss closing of Barton Street during the Main Street Days and/or GrapeFest Festivals. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at (817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Special City Council Meeting Workshop Agenda was prepared and posted on this the 19th day of March, 2004 at 5:00 p.m. Lin Huff City Secretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 23rd day of March, 2004 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 Mayor Ted R. Ware Mayor Pro Tern Sharron Spencer Council Member C. Shane Wilbanks Council Member Clydene Johnson Council Member Darlene Freed Council Member constituting a quorum, with Council Member Roy Stewart 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 6:15 p.m. ITEM 1. DISCUSS INCLUSION OF BARTON STREET DURING FESTIVALS Convention & Visitors Bureau Director P.W. McCallum briefed the City Council regarding the proposal to include Barton Street from West Texas Street (Weems Alley) to West Franklin Street during Main Street Days and/or GrapeFest festivals. Mr. McCallum noted the success of the trial inclusion of Barton Street in last year's GrapeFest. He stated that continuation of the expansion of the festival footprint would allow the Barton Street merchants to be a part of the festivals. He said the inclusion would also allow for the expansion of the festival support services and for handicap parking within the festival footprint. ADJOURNMENT Council Member Wilbanks, seconded by Mayor Pro Tern Ware, offered a motion to adjourn the workshop at 6:44 p.m. The motion prevailed by the following vote: 03/23/04 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of April, 2004. APPROVED: William D. Tate Mayor ATTEST: Linda Huff.7'14..?.--66 City Secretary POW 2 AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, MARCH 23, 2004 AT 6:30 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER EXECUTIVE SESSION 1. City Council to conduct a closed session relative to: A. Pending or contemplated litigation relative City of Grapevine v. David Glenn (Cause No. 352-202667-03); City of Grapevine v. Foust Family Ltd., et al. (Cause No. 03-1489-3); and Hidden Lakes Subdivision claim pursuant to Section 551.071, Texas Government Code. B. Real property relative to right-of-way acquisition (F.M. 1709, State Highway 114 and Glade Road) pursuant to Section 551.072, Texas Government Code. C. 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 pursuant to Section 551.087, Texas Government Code. City Council to reconvene in open session and take any necessary action relative to pending or contemplated litigation, real property and conference with employees under Sections 551.071, 551.072 and 551.087, Texas Government Code. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at (817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Special City Council Meeting Agenda was prepared and posted on this the 19th day of March, 2004 at 5:00 p.m. Lind Huff City Secretary 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 23rd day of March, 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 Clydene Johnson Council Member Darlene Freed Council Member constituting a quorum, with Council Member Roy Stewart 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 6:45 p.m. ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding: (A)pending or contemplated litigation relative City of Grapevine v. David Glenn (Cause No. 352-202667-03); City of Grapevine v. Foust Family Ltd., et al. (Cause No. 03-1489-3); and Hidden Lakes Subdivision claim pursuant to Section 551.071, Texas Government Code. (B)real property relative to right-of-way acquisition (F.M. 1709, State Highway 114 and Glade Road) pursuant to Section 551.072, Texas Government Code. (C)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 pursuant to Texas Government Code. 03/23/04 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 551.071, 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. ADJOURNMENT Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to adjourn the meeting at 9:20 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of April, 2004. APPROVED: Room lk 4Cd0"1■+. William D. Tate Mayor ATTEST: 7/%5Linda Huff City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL PLANNING & ZONING COMMISSION MEETING TUESDAY, MARCH 23, 2004 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER INVOCATION: Commissioner Rob Undersander JOINT PUBLIC HEARINGS 1. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU04-01 filed by Speedway Grapevine requesting a conditional use permit for a car wash and lube/oil change facility on property located at 3501 Grapevine Mills Boulevard North. The 1.123 acre property is zoned "CC" Community Commercial District Regulations. 2. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU04-06 filed by Grapevine Kawasaki requesting a conditional use permit for a motorcycle dealership on property located at 721 West State Highway 114. The 1.38 acre property is zoned "CC" Community Commercial District Regulations. 3. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU04-08 filed by Back Porch Grill and Tavern requesting a conditional use permit for a restaurant with the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) on property located at 210 North Main Street. The property is zoned "CN" Neighborhood Commercial District. 4. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU04-09 and Special Use Application SU04-01 filed by Gaylord Texan Resort and Convention Center on Lake Grapevine. The conditional use application requests to amend the site plan approved by Ordinance No. 2003-65 relative to signage for the hotel and convention center. The special use application requests a permit for paid parking areas on the hotel site. The subject property is located at 1501 Gaylord Trail and is zoned "PCD" Planned Commerce Development District. 5. City Council and Planning & Zoning Commission to conduct a public hearing relative to proposed amendments to the Grapevine Code of Ordinances, Appendix D, the Comprehensive Zoning Ordinance No. 82-73, as amended, Section 28 "CBD" Central Business District to eliminate the one-year trial period for outside display of merchandise and permanently allow, within the guidelines established, the outside display of merchandise as an accessory use. END OF JOINT PUBLIC HEARINGS Planning & Zoning Commission to recess to Planning & Zoning Commission Conference Room, Second Floor to consider published agenda items. City Council to remain in session in the Council Chambers to consider published business. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at (817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Regular Joint City Council and Planning & Zoning Commission Meeting Agenda was prepared and posted on this the 19th day of March, 2004 at 5:00 p.m. Lind Huff 3* City Secretary xi AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, MARCH 23, 2004 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CITIZEN COMMENTS NEW BUSINESS 6. Consider authorizing an agreement with Kasner&Associates, LLC for a transaction tax analysis to identify, quantify and recover misapplied City sales taxes and take any necessary action. 7. Consider a resolution regarding School Finance Reform and take any necessary action. CONSENT AGENDA Consent items are deemed to need little Council deliberation and will be acted upon as one business item. Any member of the City Council or member of the audience may request that an item be withdrawn from the consent agenda and placed before the City Council for full discussion. Approval of the consent agenda authorizes the City Manager, or his designee, to implement each item in accordance with Staff recommendations. 8. Consider a resolution for the inclusion of Barton Street from West Texas Street (Weems Alley) to West Franklin Street during Main Street Days and/or GrapeFest festivals. Convention & Visitors Bureau Director recommends approval. 9. Consider a resolution amending Resolution No. 2004-08 that authorized the creation of the Aquarium Development Corporation of Grapevine (ADCG) by amending the By-laws of the ADCG as adopted by the ADCG Board of Directors. City Manager recommends approval. 10. Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 23 Traffic, Section 23-30 Stop Intersections relative to the installation of stop signs at various locations. Public Works Director recommends approval. 11. Consider an ordinance abandoning a nine-foot portion of a ten-foot utility easement located within Lot 10R, Block 1, Creekwood Estates. Public Works Director recommends approval. 12. Consider award of an engineering services contract to Freese and Nichols Incorporated for a Utility Fund Analysis and authorize the City Manager as signatory. Public Works Director recommends approval. 13. Consider renewal of a contract with Safety System International and authorize the City Manager as signatory. Administrative Services Director recommends approval. 14. Consider approval of an amended and restated vehicular, pedestrian and utility ingress and egress easements, parking garage and parking lot easements, and access easements at the Gaylord Texas Resort and Convention Center on Lake Grapevine. Public Works Director recommends approval. 15. Consider authorizing an interlocal agreement with the City of Colleyville to provide wastewater service to the Pool Road and State Highway 26 Addition within the City of Grapevine. Public Works Director recommends approval. 16. Consider renewal of Bid 77-2001 Water/Wastewater Chemicals Annual Contract to the lowest and best bidders meeting specifications: Altivia Corporation; Pencco, Inc.; DPC, Ind.; Fort Bend Services and Eaglebrook Chemical. Public Works Director recommends approval. 17. Consider a resolution authorizing the purchase of two Minolta photocopiers through a cooperative purchasing agreement with the State of Texas Building and Procurement Commission. Police Chief recommends approval. 18. Consider a resolution authorizing the purchase of three John Deere utility vehicles for the Municipal Golf Course through an existing inter-local agreement with the Houston/Galveston Area Council. Administrative Services Director recommends approval. 19. Consider renewal of Bid 44-2000 Annual Mowing and Herbicide Contract to the lowest and best bidder meeting specifications, VMC Landscaping. Parks & Recreation Director recommends approval. 20. Consider the minutes of the February 17, 2004 City Council meetings. City Secretary recommends approval as published. Pursuant to the Texas Open Meetings Acts, Texas Government Code, Chapter 551.001 et seq, one or more of the above items may be considered in Executive Session closed to the public. Any decision held on such matter will be taken or conducted in open session following the conclusion of the executive session. PLANNING & ZONING COMMISSION RECOMMENDATIONS 21. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU04-01 (Speedway Grapevine) and a subsequent ordinance, if applicable. 22. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lot 1, Block 1, Speedway Grapevine Addition and take any necessary action. 23. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU04-06 (Grapevine Kawasaki) and a subsequent ordinance, if applicable. 24. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lot 2, Block 1, Cinemark Addition and take any necessary action. 25. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU04-08 (Back Porch Grill and Tavern) and a subsequent ordinance, if applicable. 26. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU04-09 (Gaylord Texan Resort and Convention Center on Lake Grapevine) and a subsequent ordinance, if applicable. 27. Consider the recommendation of the Planning & Zoning Commission relative to Special Use Application SU04-01 (Gaylord Texan Resort and Convention Center on Lake Grapevine) and a subsequent ordinance, if applicable. 28. Consider the recommendation of the Planning & Zoning Commission relative to amendments to the Grapevine Code of Ordinances, Appendix D, the Comprehensive Zoning Ordinance No. 82-73, as amended, Section 28 "CBD" Central Business District relative to outside display of merchandise and a subsequent ordinance, if applicable. 29. Consider the recommendation of the Planning & Zoning Commission relative to the corrected motion for approval for the final plat of Lots 1-7, Block 1; Lot 1, Block 2; and Lot 1, Block 3, Grapevine Station Addition and take any necessary action. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at (817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Regular City Council Meeting Agenda was prepared and posted on this the 19th day of March, 2004 at 5:00 p.m. Lin a Huff City Secretary AGENDA CITY OF GRAPEVINE SPECIAL BRIEFING SESSION km 4 PLANNING & ZONING COMMISSION TUESDAY, MARCH 23, 2004 AT 7:00 P.M. PLANNING & ZONING CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER WORK SESSION 1. Planning & Zoning Commission to conduct a briefing session to discuss items scheduled to be heard in the March 23, 2004 public hearing. ADJOURNMENT If you plan to attend this briefing session and you have a disability that requires special arrangements at the meeting, please contact the office of Development Services at (817) 410-3154 at least 24 hours in advance. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et. seq. Acts of the 1993 Texas Legislature, the Planning and Zoning Commission Briefing Session Agenda was prepared and posted on this the 19th day of March, 2004 at 5:00 p.m. AO . ALL- Wird Linda Huff City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, MARCH 23, 2004 AT 7:30 P.M. PLANNING & ZONING COMMISSION CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET NEW BUSINESS 1. Consider Conditional Use Application CU04-01 (Speedway Grapevine) and make a recommendation to the City Council. 2. Consider the final plat of Lot 1, Block 1, Speedway Grapevine Addition and make a recommendation to the City Council. 3. Consider Conditional Use Application CU04-06 (Grapevine Kawasaki) and make a recommendation to the City Council. 4. Consider the final plat of Lot 2, Block 1, Cinemark Addition and make a recommendation to the City Council. 5. Consider Conditional Use Application CU04-08 (Back Porch Grill and Tavern) and make a recommendation to the City Council. 6. Consider Conditional Use Application CU04-09 (Gaylord Texan Resort and Convention Center on Lake Grapevine) and make a recommendation to the City Council. 7. Consider Special Use Application SU04-01 (Gaylord Texan Resort and Convention Center on Lake Grapevine) and make a recommendation to the City Council. 8. Consider amendments to the Grapevine Code of Ordinances, Appendix D, the Comprehensive Zoning Ordinance No. 82-73, as amended, Section 28 "CBD" Central Business District relative to outside display of merchandise and make a recommendation to the City Council. 9. Reconsider the motion for approval for the final plat of Lots 1-7, Block 1; Lot 1, Block 2; and Lot 1, Block 3, Grapevine Station Addition and make a recommendation to the City Council. 10. Discuss setting a date for a Commission workshop and take any necessary action. 11. Discuss appointment of a liaison member to the Historic Preservation Commission and take any necessary action. CONSIDERATION OF MINUTES 12. Consider the minutes of the February 17, 2004 Planning & Zoning Commission meetings and take any necessary action. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at (817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Regular Planning & Zoning Commission Meeting Agenda was prepared and posted on this the 19th day of March, 2004 at 5:00 p.m. / , Lind- Huff City Secretary 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 23rd day of March, 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 Mayor Ted R. Ware Mayor Pro Tem Sharron Spencer Council Member C. Shane Wilbanks Council Member Clydene Johnson Council Member Darlene Freed Council Member constituting a quorum, with Council Member Roy Stewart absent, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Chris Coy Member Danette Murray Member Betty "BJ" Wilson Member Rob Undersander Member Becky St. John Alternate Paul Jennings Alternate constituting a quorum, with Commissioner Herb Fry 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 7:52 p.m. INVOCATION Commissioner Undersander delivered the Invocation. 03/23/04 ITEM 1. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU04-01 SPEEDWAY GRAPEVINE Mayor Tate declared the public hearing open. Planner Ron Stombaugh reported Conditional Use Application CU04-41 had been filed by Speedway Grapevine requesting a conditional use permit for a car wash and lube/oil change facility on property located at 3501 Grapevine Mills Boulevard North. The approximate 1.123 acre property is zoned "CC" Community Commercial District Regulations. Mr. Vincent Jarrard requested favorable consideration of the application. Planning & Zoning Commission questioned the hours of operation. It was noted they are proposed to be from 8:00 a.m. to 9:00 p.m. Mayor Tate invited guests present to comment regarding the application. Mr. Lanny Wilkinson, 1705 Altacrest Drive, stated his concern that the facility would not succeed at the proposed location due to the lack of traffic on the road. City Secretary Huff stated was no correspondence to report. Commissioner Wilson, seconded by Commissioner Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Murray, Wilson, Undersander, St. John & Jennings Nays: None Absent: Fry Council Member Johnson, 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, Johnson & Freed Nays: None Absent: Stewart ITEM 2. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU04-06 GRAPEVINE KAWASAKI Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU04-06 had been filed by Grapevine Kawasaki requesting a conditional use permit for a motorcycle dealership on property located at 721 West State Highway 114. The 1.38 acre property is zoned "CC" Community Commercial District Regulations. Mr. Stombaugh stated there will not be any 2 03/23/04 outside storage and outside display will occur in only designated areas. He stated the applicant did not request on-premise signage, that the applicant will rely on building signage. Mr. Dennis Wagner requested favorable consideration of the application. Planning & Zoning Commission questioned the location and type of fencing proposed for the development. Mr. Wagner stated there would be an eight foot masonry wall in back of the building. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Coy, seconded by Commissioner Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Murray, Wilson, Undersander, St. John & Jennings Nays: None Absent: Fry Council Member Wilbanks, 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 & Freed Nays: None Absent: Stewart ITEM 3. PUBLIC HEARING CONDITIONAL USE APPLICATION CU04-08 BACK PORCH GRILL AND TAVERN Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU04-08 had been filed by the Back Porch Grill and Tavern requesting a conditional use permit for a restaurant with the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) on property located at 210 North Main Street. The property is zoned "CN" Neighborhood Commercial District. Ms. Rachel McGallan and Ms. Kimberly Newton requested favorable consideration of the application. Planning & Zoning Commission questioned the hours of operation of the restaurant. The applicants responded they would be open Sunday through Thursday 11 a.m. to 12 p.m.; Friday and Saturday 11 a.m. to 2 a.m. and closed on Monday. 3 03/23/04 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 Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Murray, Wilson, Undersander, St. John & Jennings Nays: None Absent: Fry 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 & Freed Nays: None Absent: Stewart ITEM 4. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU04-09 AND SPECIAL USE APPLICATION SU04-01 GAYLORD TEXAN RESORT AND CONVENTION CENTER ON LAKE GRAPEVINE Mayor Tate declared the public hearing open. low Planner Stombaugh reported Conditional Use Application CU04-09 and Special Use Application SU04-01 had been filed by Gaylord Texan Resort and Convention Center on ` Lake Grapevine. The conditional use application requests to amend the site plan approved by Ordinance No. 2003-65 relative to signage for the hotel and convention center. The signage package includes basic on-premise signage as well as directional and banner signage. Mr. Stombaugh advised the special use application requests a permit for paid parking areas on the hotel site. The subject property is located at 1501 Gaylord Trail and is zoned "PCD" Planned Commerce Development District. Mr. Paul McBartlett requested favorable consideration of the conditional use application. There were no questions from the Council or Commission relative to the proposed signage. Mr. John Imaizumi requested favorable consideration of the special use application. Deliberation ensued relative to the need for the paid parking areas. Mr. Imaizumi responded that patrons of the hotel's various restaurants shops and personal services will have their parking "validated" but in most other instances, parking will require payment either before entering a parking area or after leaving the area depending on the location. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. 4 03/23/04 Commissioner Undersander, seconded by Commissioner Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Murray, Wilson, Undersander, St. John & Jennings Nays: None Absent: Fry Council Member Freed, seconded by Council Member Johnson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart ITEM 5. PUBLIC HEARING, AMEND GRAPEVINE CODE OF ORDINANCES, APPENDIX D, COMPREHENSIVE ZONING ORDINANCE NO. 82-73, AS AMENDED, SECTION 28 "CDB" CENTRAL BUSINESS 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 28 "CBD" Central Business District to eliminate the one-year trial period for outside display of merchandise and to permanently allow, within the guidelines established, the outside display of merchandise as an accessory 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 Undersander, seconded by Commissioner Jennings, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Murray, Wilson, Undersander, St. John & Jennings Nays: None Absent: Fry Council Member Johnson, 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, Johnson & Freed Nays: None Absent: Stewart 5 03/23/04 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 6. PROFESSIONAL SERVICES AGREEMENT, SALES TAX ANALYSIS Administrative Services Director Bill Gaither requested approval of an agreement with Kasner & Associates, LLC for a transaction tax analysis for the purpose of identifying, quantifying and recovering misapplied City sales taxes. The study would review the state sales and use tax filings of all businesses located in Grapevine to determine if the amounts filed with the State have been properly calculated and remitted. If amounts are due the City, the firm will assist the City in obtaining recovery of underpayments. The firm will receive 33% of any recoveries received. Council Member Freed, seconded by Council Member Spencer, offered a motion to approve the agreement with Kasner & Associates, LLC as recommended. The motion prevailed by the following vote: AMP Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None "' ITEM 7. RESOLUTION REGARDING SCHOOL FINANCE REFORM City Manager Roger Nelson requested approval of a resolution opposing any school finance or tax system reforms that would negatively affect City revenues and adversely impact the City providing essential City services to its residents. Council Member Spencer, seconded by Council Member Freed, offered a motion to adopt the resolution regarding school finance reform. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart RESOLUTION NO. 2004-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS OPPOSING ANY SCHOOL FINANCE OR TAX SYSTEM REFORMS THAT WOULD NEGATIVELY AFFECT CITY REVENUES AND ADVERSELY IMPACT THE imp CITY PROVIDING ESSENTIAL CITY SERVICES TO ITS RESIDENTS; AND PROVIDING AN EFFECTIVE DATE 6 03/23/04 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 8. Resolution, Barton Street Inclusion in Festivals Convention & Visitors Bureau Director recommended approval of a resolution for the inclusion of Barton Street from West Texas Street (Weems Alley) to West Franklin Street during Main Street Days and/or GrapeFest festivals. Motion by Council Member Wilbanks, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart RESOLUTION NO. 2004-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS ENDORSING THE INCLUSION OF BARTON STREET FROM WEST TEXAS STREET (WEEMS ALLEY) TO WEST FRANKLIN STREET OR ANY PART THEREOF DURING MAIN STREET DAYS AND/OR GRAPEFEST AND PROVIDING AN EFFECTIVE DATE Item 9. Resolution, Amend Resolution No. 2004-08, Aquarium Development Corporation of Grapevine City Manager recommended approval of a resolution amending Resolution No. 2004-08 that authorized the creation of the Aquarium Development Corporation of Grapevine (ADCG) by amending the By-laws of the ADCG as adopted by the ADCG Board of Directors. Motion by Council Member Wilbanks, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart 7 03/23/04 RESOLUTION NO. 2004-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING RESOLUTION NO. 2004-08 THAT CREATED THE AQUARIUM DEVELOPMENT CORPORATION OF GRAPEVINE RELATIVE TO AMENDING THE BYLAWS AND PROVIDING AN EFFECTIVE DATE Item 10. Ordinance, Amend Chapter 23 Traffic, Stop Signs Public Works Director recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 23 Traffic, Section 23-30 Stop Intersections relative to the installation of stop signs at various locations. Motion by Council Member Wilbanks, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart ORDINANCE NO. 2004-18 NSW AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 23 TRAFFIC, SECTION 23-30 RELATIVE TO STOP INTERSECTIONS; 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 Item 11. Ordinance, Abandon Utility Easement, Creekwood Estates Public Works Director recommended approval of an ordinance abandoning a nine-foot portion of a ten-foot utility easement located within Lot 10R, Block 1, Creekwood Estates. Motion by Council Member Wilbanks, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: opsw 8 03/23/04 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart ORDINANCE NO. 2004-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A PORTION OF A UTILITY EASEMENT IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Item 12. Award Engineering Services Contract, Utility Fund Analysis, Freese and Nichols Incorporated Public Works Director recommended approval of the award of an engineering services contract to Freese and Nichols Incorporated in the amount not to exceed $23,000.00 for a Utility Fund Analysis and authorize the City Manager as signatory. Motion by Council Member Wilbanks, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart Item 13. Renew Contract, Safety System International Administrative Services Director recommended renewal of a contract with Safety System International in the amount of $18,000.00 to provide safety consulting services and authorize the City Manager as signatory. Motion by Council Member Wilbanks, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart Item 14. Amended and Restated Vehicular, Pedestrian and Utility Ingress and Egress, Parking and Access Easements — Gaylord Texan Resort and Convention Center on Lake Grapevine Public Works Director recommended approval of an amended and restated vehicular, pedestrian and utility ingress and egress easements, parking garage and parking lot 9 03/23/04 easements, and access easements at the Gaylord Texan Resort and Convention Center on Lake Grapevine. Motion by Council Member Wilbanks, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart Item 15. Interlocal Agreement, Wastewater Service, State Highway 26/Pool Road Addition Public Works Director recommended approval of an interlocal agreement with the City of Colleyville to provide wastewater service to the Pool Road and State Highway 26 Addition within the City of Grapevine. Motion by Council Member Wilbanks, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart Item 16. Renew Bid 77-2001 Water/Wastewater Chemicals Annual Contract Works Director recommended approval of the renewal of Bid 77-2001 Water/Wastewater Chemicals Annual Contract to the lowest and best bidders meeting specifications: Altivia Corporation; Pencco, Inc.; DPC, Ind.; Fort Bend Services and Eaglebrook Chemical. Motion by Council Member Wilbanks, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart Item 17. Resolution, Purchase Photocopiers, Minolta Police Chief recommended approval of a resolution authorizing the purchase of two Minolta photocopiers through a cooperative purchasing agreement with the State of Texas Building and Procurement Commission in an amount not to exceed $22,870.00. Motion by Council Member Wilbanks, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: 10 03/23/04 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart RESOLUTION NO. 2004-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNATE TO PURCHASE PHOTOCOPIERS THROUGH AN ESTABLISHED COOPERATIVE PURCHASING AGREEMENT WITH THE TEXAS BUILDING AND PROCUREMENT COMMISSION AND PROVIDING AN EFFECTIVE DATE Item 18. Resolution, Purchase Utility Vehicles, John Deere Administrative Services Director recommended approval of a resolution authorizing the purchase of three John Deere utility vehicles for the Municipal Golf Course through an existing inter-local agreement with the Houston/Galveston Area Council in an amount not to exceed $46,274.26. Motion by Council Member Wilbanks, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart RESOLUTION NO. 2004-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO PURCHASE VEHICLES THROUGH AN ESTABLISHED INTERLOCAL AGREEMENT WITH THE HOUSTON/GALVESTON AREA COUNCIL AND PROVIDING AN EFFECTIVE DATE Item 19. Renew Bid 44-2000 Annual Mowing and Herbicide Contract Parks & Recreation Director recommended approval of the renewal of Bid 44-2000 Annual Mowing and Herbicide Contract to the lowest and best bidder meeting specifications, VMC Landscaping. Motion by Council Member Wilbanks, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: 11 03/23/04 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart Item 20. Consideration of Minutes City Secretary recommended approval of the minutes of the February 17, 2004 City Council meetings as published. Motion by Council Member Wilbanks, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart ITEM 21. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU04-01 SPEEDWAY GRAPEVINE Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU04-01 filed by Speedway Grapevine granting a conditional use permit for a car wash and lube/oil change facility on property located at 3501 Grapevine Mills Boulevard North. The property is zoned "CC" Community Commercial District Regulations. Mayor Pro Tem Ware, seconded by Council Member Spencer, 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 & Freed Nays: None Absent: Stewart ORDINANCE NO. 2004-20 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 CU04-01 TO ALLOW A CAR WASH AND A LUBE/OIL CHANGE FACILITY IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ,m, ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; 12 03/23/04 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 22. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1, BLOCK 1, SPEEDWAY GRAPEVINE ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1, Block 1, Speedway Grapevine Addition. The 1.123 acre property is located on Grapevine Mills Boulevard North and is being platted for development of a car wash and lube/oil change facility. 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 Lot 1, Block 1, Speedway Grapevine Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart ITEM 23. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU04-06 GRAPEVINE KAWASAKI Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU04-06 filed by Grapevine Kawasaki granting a conditional use permit for a motorcycle dealership on property located at 721 West State Highway 114. The property is zoned "CC" Community Commercial District Regulations. Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation and approve the ordinance granting a conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart 13 03/23/04 ORDINANCE NO. 2004-21 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 CU04-06 FOR A MOTORCYCLE DEALERSHIP 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 24. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 2, BLOCK 1, CINEMARK ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 2, Block 1, Cinemark Addition. The 1.380 acre property is located north of Cinemark Tinseltown along State Highway 114 and is being platted for development of a motorcycle dealership. Council Member Freed, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 2, Block 1, Cinemark addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart wiew 14 03/23/04 ITEM 25. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU04-08 BACK PORCH GRILL AND TAVERN Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU04-08 filed by Back Porch Grill and Tavern granting a conditional use permit for a restaurant with the possession, storage, retail sale and on- premise consumption of alcoholic beverages (beer, wine and mixed beverages) on property located at 210 North Main Street. 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, Johnson & Freed Nays: None Absent: Stewart ORDINANCE NO. 2004-22 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 CU04-08 FOR A RESTAURANT WITH THE POSSESSION, STORAGE, RETAIL SALE, AND ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE, AND MIXED BEVERAGES) IN A DISTRICT ZONED "HC" HIGHWAY COMMERCIAL 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 BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE 15 03/23/04 ITEM 26. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU04-09 GAYLORD TEXAN RESORT AND CONVENTION CENTER ON LAKE GRAPEVINE Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU04-09 filed by Gaylord Texan Resort and Convention Center on Lake Grapevine granting a conditional use permit to amend the site plan approved by Ordinance No. 2003-65 relative to signage for the hotel and convention center located at 1501 Gaylord Trail. Council Member Johnson, 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 & Freed Nays: None Absent: Stewart ORDINANCE NO. 2004-23 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 CONDITIONAL USE PERMIT CU04-09 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2003-65 FOR A PLANNED COMMERCIAL CENTER WITH A HOTEL AND CONVENTION CENTER FOR SIGNAGE IN A DISTRICT ZONED "PCD" PLANNED COMMERCE DEVELOPMENT 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 BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; no DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE 16 03/23/04 ITEM 27. PLANNING & ZONING COMMISSION RECOMMENDATION SPECIAL USE APPLICATION SU04-01 GAYLORD TEXAN RESORT AND CONVENTION CENTER Chairman Oliver reported the Planning & Zoning Commission voted 6-1 for approval of Special Use Application SU04-01 filed by Gaylord Texan Resort and Convention Center on Lake Grapevine granting a special use permit for paid parking areas on the hotel site and convention center site located at 1501 Gaylord Trail. Council Member Freed, seconded by Mayor Pro Tem Ware, 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, Wilbanks, Johnson & Freed Nays: Spencer Absent: Stewart ORDINANCE NO. 2004-24 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 SU04-01 FOR PAID PARKING AREAS IN CONJUNCTION WITH THE GAYLORD TEXAN RESORT AND CONVENTION CENTER ON LAKE GRAPEVINE IN A DISTRICT ZONED "PCD" PLANNED COMMERCE DEVELOPMENT 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 BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE 17 03/23/04 ITEM 28. PLANNING & ZONING COMMISSION RECOMMENDATION AMEND GRAPEVINE CODE OF ORDINANCES, APPENDIX DL COMPREHENSIVE ZONING ORDINANCE NO. 82-73, AS AMENDED, SECTION 28 "CBD" CENTRAL BUSINESS DISTRICT Chairman Oliver reported the Planning & Zoning Commission voted 6-1 for approval of the amendments to the Grapevine Code of Ordinances, Appendix D, the Comprehensive Zoning Ordinance No. 82-73, as amended, Section 28 "CBD" Central Business District relative to outside display of merchandise. Council Member Johnson, seconded by Mayor Pro Tern Ware, offered a motion to accept the Commission's recommendation and approve the ordinance. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart ORDINANCE NO. 2004-25 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS AMENDING ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF Mak 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 28, "CBD" CENTRAL BUSINESS 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 29. PLANNING & ZONING COMMISSION RECOMMENDATION CORRECTED MOTION FOR APPROVAL FINAL PLAT LOTS 1-7, BLOCK 1; LOT 1, BLOCK 2; AND LOT 1, BLOCK 3, GRAPEVINE STATION ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 6-0-1 for approval of the corrected motion for approval for the Statement of Findings and the final plat of Lots 1-7, Block 1; Lot 1, Block 2; and Lot 1, Block 3, Grapevine Station Addition. The 23.20 acre property located west of BS114L between Wall Street and the railroad and is being platted for the development of business park. ,Mu 18 03/23/04 Council Member Freed, seconded by Mayor Pro Tern Ware, offered a motion to accept the Commission's recommendation and approve the corrected motion for approval for the Statement of Findings and the final plat of Lots 1-7, Block 1; Lot 1, Block 2; and Lot 1, Block 3, Grapevine Station Addition The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson & Freed Nays: None Abstain: Spencer Absent: Stewart ADJOURNMENT Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to adjourn the meeting at 9:20 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Freed Nays: None Absent: Stewart PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of April, 2004. APPROVED: 4C1i4"`" William D. Tate Mayor ATTEST: Lind Huff- City Secretary 19