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HomeMy WebLinkAbout2004-05-18 Joint Meeting AGENDA CITY OF GRAPEVINE, TEXAS 4 SPECIAL CITY COUNCIL MEETING WORKSHOP TUESDAY, MAY 18, 2004 AT 6:30 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET DINNER AT 6:30 P.M. CALL TO ORDER 1. Discuss Preliminary Five Year Development Plan for the Corps of Engineers Lease Properties. 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 14th day of May, 2004 at 5:00 p.m. Ind Huff .77* 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 18th day of May, 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 Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, 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 6:41 p.m. ITEM 1. DISCUSS PRELIMINARY FIVE-YEAR DEVELOPMENT PLAN, CORPS OF ENGINEERS LEASE PROPERTIES City Manager Roger Nelson presented the Preliminary Five-Year Development Plan for the Corps of Engineers Lease Properties at Lake Grapevine. Mr. Nelson stated that Carter- Burgess had performed a Feasibility Study for the City leased property on Lake Grapevine and that study provided a framework of what could be effective developments around the lake. He noted three types of improvements are proposed in the five-year plan. The first are City owned and operated improvements that generate revenues for the support of the rest of the system. The second are upgrades to amenities paid for from the revenues from the City's operations on the Corps property. The final category is concessionaire improvements with the City receiving a percentage of gross receipts from the operation. The Feasibility Study broke the entire lease area into distinct park areas and the description of the five-year plan will follow this model. Mr. Nelson stated that the process, once the Council approves the Preliminary Five-Year Plan, is to take the plan to the public for comment the last of June. A thirty-day written comment period will remain open following that meeting. During that time, the plan will 05/18/04 also be provided to the Corps of Engineers for their comments. It is anticipated that the Final Five-Year Plan will be submitted to the Council in late August or early September. There was no formal action taken by the City Council. ADJOURNMENT Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the workshop at 7:17 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 1st day of June, 2004. APPROVED: 4gNim'r William D. Tate Mayor ATTEST: Lin a Huff City Secretary mow 2 AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, MAY 18, 2004 AT 7:00 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. 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 conference with employees under Section 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 14th day of May, 2004 at 5:00 p.m. Lin a 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 18th day of May, 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 Tern Sharron Spencer Council Member C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, 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 7:23 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 551.087, Texas Government Code. NOTE: City Council continued with the Regular City Council meeting in open session in the Council Chambers. 05/18/04 ADJOURNMENT Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to adjourn the meeting at 8:39 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 1st day of June, 2004. APPROVED: 4tEi141 'w William D. Tate Mayor ATTEST: Lin a Huff °€ City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL PLANNING & ZONING COMMISSION MEETING TUESDAY, MAY 18, 2004 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER INVOCATION: Commissioner Herb Fry JOINT PUBLIC HEARINGS 1. City Council and Planning & Zoning Commission to conduct a public hearing relative to Zoning Application Z04-01 and Conditional Use Application CU04-15 filed by Pinnacle Decorating. The zoning application requests rezoning of approximately 2.12 acres from "BP" Business Park District to "LI" Light Industrial District. The conditional use application request a conditional use permit for outside storage of trucks and trailers in conjunction with a warehouse facility. The subject property is located at 647 Westport Parkway. 2. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU04-12 filed by Golden Corral requesting a conditional use permit to amend the site plan approved by Ordinance No. 2003-82 for the development of a restaurant in the outparcel area of the Grapevine Mills Mall. The subject property is located at 2605 East Grapevine Mills Circle and is zoned "CC" Community Commercial District Regulations. 3. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU04-13 filed by TGI Friday's at DFW Airport requesting a conditional use permit to amend the site plan approved by Ordinance No. 2003-67 for expansion of the restaurant with the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages). The subject property is located at 1000 International Parkway, Terminal B, Columns 32 and 35 and is zoned "GU" Governmental Use District. 4. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU04-14 filed by La Casa Restaurant requesting a conditional use permit to amend the site plan approved by Ordinance No. 94-67 for an outdoor dining patio with the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages). The subject property is located at 1689 West Northwest Highway and is zoned "SP" Site Plan District. • 5. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU04-17 filed by Suzuki requesting a conditional use permit to amend the site plan approved by Ordinance No. 98-51 for an automotive dealership for the addition of a 30 foot pole sign. The subject property is located at 440 West State Highway 114 and is zoned "HC" Highway Commercial District. 6. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU04-18 filed by Buffalo Wild Wings requesting a conditional use permit to amend the site plan approved by Ordinance No. 2003-31 for development of a restaurant with the possession, storage, retail sale and on- premise consumption of alcoholic beverages (beer, wine and mixed beverages). The subject property is located at 1525 William D. Tate Avenue and is zoned "CC" Community Commercial District Regulations. 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 14th day of May, 2004 at 5:00 p.m. Lin a Huff 4 City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, MAY 18, 2004 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CITIZEN COMMENTS NEW BUSINESS 7. Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 26 Tow Truck and Towing Services in its entirety 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 adopting the by-laws of the Tarrant County Regional Transportation Coalition and Coalition Agreement. City Manager recommends approval. 9. Consider amending the Traffic Signal System Retiming Services Contract with Kimley-Horn and Associates, Inc. for additional work and authorization for Staff to execute said contract. Public Works Director recommends approval. 10. Consider award of the Church Street and Dooley Street Construction Project Geo- Technical Services Contract to Terra-Mar, Inc. and authorization for Staff to execute said contract. Public Works Director recommends approval. 11. Consider renewal of Bid 153-2003 Asphalt Material Annual Contract to Southern Asphalt and Petroleum. Public Works Director recommends approval. 12. Consider renewal of Bid 121-2002 Material Disposal Services Annual Contract to Shred-Tech d.b.a. Sego, Inc. as primary contractor and Airport Sand and Gravel as secondary contractor. Public Works Director recommends approval. 13. Consider renewal of Bid 150-2003 Material Hauling Services Annual Contract to Rocha Trucking, Inc. as primary vendor and Diaz Trucking as secondary vendor. Public Works Director recommends approval. 14. Consider a resolution authorizing the purchase of nine mobile workstation computers and associated hardware/software from Motorola, Inc. through an existing inter-local agreement with the Houston/Galveston Area Council. Police Chief recommends approval. 15. Consider a resolution declaring certain property surplus and/or salvage and authorizing their sale through sealed bid, public auction or donation. Administrative Services Director recommends approval. 16. Consider renewal of Bid 120-2002 Tree Maintenance Service Annual Contract to TruGreen ArborCare (previously known as Trees, Inc.). Parks & Recreation Director recommends approval. 17. Consider renewal of Bid 152-2003 Police Uniform Cleaning Annual Contract to Metro Cleaners. Police Chief recommends approval. 18. Consider the minutes of the May 4, 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 19. Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z04-01 (Pinnacle Decorating) and a subsequent ordinance, if applicable. 20. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lot 3, Block 3, Stone Myers Business Park and take any necessary action. 21. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU04-15 (Pinnacle Decorating) and a subsequent ordinance, if applicable. 22. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU04-12 (Golden Corral) and a subsequent ordinance, if applicable. 23. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU04-13 (TGI Friday's at DFW Airport) and a subsequent ordinance, if applicable. 24. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU04-14 (La Casa Restaurant) and a subsequent ordinance, if applicable. 25. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU04-17 (Suzuki) and a subsequent ordinance, if applicable. 26. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU04-18 (Buffalo Wild Wings) and a subsequent ordinance, if applicable. 27. Consider the recommendation of the Planning & Zoning Commission relative to the preliminary plat of Lots 1-11, Block 1, Grapevine Townhouse 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 14th day of May, 2004 at 5:00 p.m. Lin a Huff City Secretary • AGENDA CITY OF GRAPEVINE SPECIAL BRIEFING SESSION PLANNING & ZONING COMMISSION TUESDAY, MAY 18, 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 May 18, 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 14th day of May, 2004 at 5:00 p.m. Lind Huff 11* City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, MAY 18, 2004 AT 7:30 P.M. PLANNING & ZONING COMMISSION CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET NEW BUSINESS 1. Consider Zoning Application Z04-01 (Pinnacle Decorating) and make a recommendation to the City Council. 2. Consider the final plat of Lot 3, Block 3, Stone Myers Business Park and make a recommendation to the City Council. 3. Consider Conditional Use Application CU04-15 (Pinnacle Decorating) and make a recommendation to the City Council. 4. Consider Conditional Use Application CU04-12 (Golden Corral) and make a recommendation to the City Council. 5. Consider Conditional Use Application CU04-13 (TGI Friday's at DFW Airport) and make a recommendation to the City Council. 6. Consider Conditional Use Application CU04-14 (La Casa Restaurant) and make a recommendation to the City Council. 7. Consider Conditional Use Application CU04-17 (Suzuki) and make a recommendation to the City Council. 8. Consider Conditional Use Application CU04-18 (Buffalo Wild Wings) and make a recommendation to the City Council. 9. Consider the preliminary plat of Lots 1-11, Block 1, Grapevine Townhouse Addition and make a recommendation to the City Council. 10. Discuss proposed amendment to Appendix D, Section 32 "BP" Business Park District relative to indoor commercial amusements and take any necessary action. CONSIDERATION OF MINUTES 11. Consider the minutes of the April 20 and April 27, 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 14th day of May, 2004 at 5:00 p.m. /// Linea 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 18th day of May, 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 Tern Sharron Spencer Council Member C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Herbert Fry Vice 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 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 8:00 p.m. INVOCATION Commissioner Fry delivered the Invocation. 05/18/04 ITEM 1. PUBLIC HEARING, ZONING APPLICATION Z04-01 CONDITIONAL USE APPLICATION CU04-15 PINNACLE DECORATING Mayor Tate declared the public hearing open. Planner Stombaugh reported Zoning Application Z04-01 and Conditional Use Application CU04-15 had been filed by Pinnacle Decorating. The zoning application requests rezoning of approximately 2.12 acres from "BP" Business Park District to "LI" Light Industrial District. The conditional use application requests a conditional use permit for outside storage of trucks and trailers in conjunction with a 19,000 square foot warehouse facility. The subject property is located at 647 Westport Parkway. Mr. Jim Miller requested favorable consideration of the application. City Council and the Planning & Zoning Commission questioned the location of the outside storage and if the entire site would be for outside storage. Planner Stombaugh reported the entire site could be utilized for outside storage of trucks and trailers and the applicant plans to park the trucks and trailers at the docks and behind the warehouse facility. 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 for the applications. Commissioner Murray, seconded by Commissioner Fry, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander& Jennings Nays: None 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, Stewart & Freed Nays: None ITEM 2. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU04-12 GOLDEN CORRAL Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU04-12 had been filed by Golden Corral requesting a conditional use permit to amend the site plan approved by Ordinance No. 2003-82 for the development of a 10,333 square foot restaurant in the outparcel area of the Grapevine Mills Mall. The restaurant will have seating capacity for wor 384 patrons and 143 parking spaces. The subject property is located at 2605 East Grapevine Mills Circle and is zoned "CC" Community Commercial District Regulations. 05/18/04 Mr. Bryan Moore 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 Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander& Jennings Nays: None Council Member Wilbanks, seconded by Mayor Pro Tern Ware, 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, CONDITIONAL USE APPLICATION CU04-13 TGI FRIDAY'S AT DFW AIRPORT Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU03-14 had been filed by TGI Friday's at DFW Airport requesting a conditional use permit to amend the site plan approved by Ordinance No. 2003-67 for expansion of the restaurant with the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages). The subject property is located at 1000 International Parkway, Terminal B, Columns 32 and 35 and is zoned "GU" Governmental Use District. Mr. Andrew Winston 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 approval for the application. Commissioner Wilson, seconded by Commissioner Undersander, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander& Jennings Nays: None 3 05/18/04 Council Member Stewart, 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, Stewart & Freed Nays: None ITEM 4. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU04-14 LA CASA RESTAURANT Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU04-14 had been filed by La Casa Restaurant requesting a conditional use permit to amend the site plan approved by Ordinance No. 94-67 for an outdoor dining patio with the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages). The subject property is located at 1689 West Northwest Highway and is zoned "SP" Site Plan District. Mr. Phil Morley requested favorable consideration of the application. Brief discussion ensued relative to outdoor music and trash containment on the patio. It was noted there was one speaker facing away from Northwest Highway and paper products would not be used on the patio. 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 concern. Commissioner Coy, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Coy, Fry, Murray, Wilson, Undersander& Jennings Nays: None Abstain: Oliver Council Member Spencer, 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, Johnson, Stewart & Freed Nays: None ITEM 5. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU04-17 SUZUKI Mayor Tate declared the public hearing open. 4 05/18/04 Planner Stombaugh reported Conditional Use Application CU04-17 had been filed by Pickle Suzuki requesting a conditional use permit to amend the site plan approved by Ordinance No. 98-51 for an automotive dealership for the addition of a 30 foot pole sign .'a on the southeast corner of the site. The subject property is located at 440 West State Highway 114 and is zoned "HC" Highway Commercial District. The applicant is in the process of installing a six-foot masonry screening fence along the northern boundary with the Sky Harbor residential subdivision east to Hill Street. Mr. Trent Petty requested favorable consideration of the application. Brief discussion ensued relative to outdoor speakers, lighting and whether the gates onto Hill Street would remain locked. Mr. Petty responded there would be one speaker on the front of the building, the lighting would be in compliance with Code and the gate to Hill Street would remain closed until further development on the tract. 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 two letters of approval and two letters of concern for the application. Commissioner Fry, seconded by Commissioner Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander & Jennings Nays: None Council Member Stewart, 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 Abstain: Johnson ITEM 6. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU04-18 BUFFALO WILD WINGS Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU04-18 had been filed by Buffalo Wild Wings requesting a conditional use permit to amend the site plan approved by Ordinance No. 2003-31 for development of a 6,600 square foot restaurant with the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages). The restaurant will seat 246 patrons. The subject property is located at 1525 William D. Tate Avenue and is zoned "CC" Community Commercial District Regulations. Mr. John Evans requested favorable consideration of the application. 5 05/18/04 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 one letter of concern. Commissioner Coy, seconded by Commissioner Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander & Jennings Nays: None Council Member Wilbanks, 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, 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 7. ORDINANCE, AMEND CHAPTER 26 TOW TRUCK AND TOWING SERVICES Deputy Chief Eddie Salame recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 26 Tow Truck and Towing Services in its entirety. The amendments will bring the Code into compliance with legislative updates, enhance the protection of the public's health, safety and welfare by providing for background and screening checks for tow operators in the City, establish a tow service permit fee schedule, authorize the City Manager or designee to contract for wrecker service and establish performance standards. Council Member Freed, 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, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2004-29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE fr 6 05/18/04 OF ORDINANCES BY AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES, TOW TRUCKS AND TOWING SERVICE; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) 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 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, Adopt By-Laws of Tarrant County Regional Transportation Coalition and Coalition Agreement City Manager recommended approval of a resolution adopting the by-laws of the Tarrant County Regional Transportation Coalition and Coalition Agreement to develop strategies to improve mobility and air quality in the western region of the Fort Worth/Dallas metroplex. Motion by Council Member Stewart, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2004-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, APPROVING THE BY-LAWS OF THE TARRANT REGIONAL TRANSPORTATION COALITION AND THE COALITION AGREEMENT; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE Item 9. Amend Traffic Signal System Retiming Services Contract Public Works Director recommended approval of amending the Traffic Signal System Retiming Services Contract with Kimley-Horn and Associates, Inc. for additional work in an amount not to exceed $21,500.00 and authorization for Staff to execute said contract. 7 05/18/04 Motion by Council Member Stewart, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 10. Award Church Street and Dooley Street Construction Project Geo-Technical Services Contract Public Works Director recommended approval of the award of the Church Street and Dooley Street Construction Project Geo-Technical Services Contract to Terra-Mar, Inc. in an amount not to exceed $38,752.00 and authorization for Staff to execute said contract. Motion by Council Member Stewart, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 11. Renew Bid 153-2003 Asphalt Material Annual Contract Public Works Director recommended approval of the renewal of Bid 153-2003 Asphalt Material Annual Contract to Southern Asphalt and Petroleum. Motion by Council Member Stewart, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 12. Renew Bid 121-2002 Material Disposal Services Annual Contract Public Works Director recommended approval of the renewal of Bid 121-2002 Material Disposal Services Annual Contract to Shred-Tech d.b.a. Sego, Inc. as primary contractor and Airport Sand and Gravel as secondary contractor. Motion by Council Member Stewart, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 13. Renew Bid 150-2003 Material Hauling Services Annual Contract Public Works Director recommended approval of the renewal of Bid 150-2003 Material Hauling Services Annual Contract to Rocha Trucking, Inc. as primary vendor and Diaz 8 05/18/04 Trucking as secondary vendor. Motion by Council Member Stewart, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 14. Resolution, Purchase Motorola Mobile Computers Police Chief recommended approval of a resolution authorizing the purchase of nine mobile workstation computers and associated hardware/software from Motorola, Inc. through an existing inter-local agreement with the Houston/Galveston Area Council in an amount not to exceed $54,270.00. Motion by Council Member Stewart, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2004-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO PURCHASE MOTOROLA MOBILE COMPUTER WORKSTATIONS THROUGH AN ESTABLISHED INTERLOCAL AGREEMENT WITH THE HOUSTON/GALVESTON AREA COUNCIL AND PROVIDING AN EFFECTIVE DATE Item 15. Resolution, Declare Surplus Property Administrative Services Director recommended approval of a resolution declaring certain property surplus and/or salvage and authorizing their sale through sealed bid, public auction or donation. Motion by Council Member Stewart, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2004-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, DECLARING CERTAIN PROPERTY SURPLUS AND/OR SALVAGE; PROVIDING FOR THE 9 05/18/04 AUTHORIZATION OF THE SALE OR DONATION OF SAID PROPERTY AND PROVIDING AN EFFECTIVE DATE Item 16. Renew Bid 120-2002 Tree Maintenance Service Annual Contract Parks & Recreation Director recommended approval of the renewal of Bid 120-2002 Tree Maintenance Service Annual Contract to TruGreen ArborCare (previously known as Trees, Inc.). Motion by Council Member Stewart, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 17. Renew Bid 152-2003 Police Uniform Cleaning Annual Contract Police Chief recommended approval of the renewal of Bid 152-2003 Police Uniform Cleaning Annual Contract to Metro Cleaners. Motion by Council Member Stewart, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 18. Consideration of Minutes City Secretary recommended approval of the minutes of the May 4, 2004 City Council meetings as published. Motion by Council Member Stewart, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 19. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z04-01 PINNACLE DECORATING Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Zoning Application Z04-01 filed by Pinnacle Decorating granting rezoning of approximately 2.2 acres from "BP" Business Park District to "LI" Light Industrial District. The subject property is located at 647 Westport Parkway. 10 05/18/04 Council Member Freed, seconded by Council Member Stewart, 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. 2004-30 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 Z04-010N A TRACT OF LAND OUT OF THE C. CLANTON SURVEY, ABSTRACT NO. 354 AND THE J. CATES SURVEY, ABSTRACT NO. 315, 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 "BP" BUSINESS PARK DISTRICT TO "LI" LIGHT INDUSTRIAL DISTRICT, 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 20. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 3, BLOCK 3, STONE MYERS BUSINESS PARK Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 3, Block 3, Stone Myers Business Park. The 2.119 acre property is being platted for development as a warehouse. The subject property is zoned "LI" Light Industrial District and is located west of Westport Business Park, on the south side of Westport Parkway. Council Member Johnson, seconded by Council Member Wilbanks, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the 11 05/18/04 final plat of Lot 3, Block 3, Stone Myers Business Park. The motion prevailed by the WNW following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 21. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU04-15 PINNACLE DECORATING Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU04-15 filed by Pinnacle Decorating granting a conditional use permit for outside storage of trucks and trailers in conjunction with a warehouse facility. The subject property is located at 647 Westport Parkway. Council Member Stewart, seconded by Council Member Johnson, 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. 2004-31 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 CU04-15 TO ALLOW A WAREHOUSE FACILITY WITH OUTSIDE STORAGE OF TRUCKS AND TRAILERS IN A DISTRICT ZONED "LI" LIGHT INDUSTRIAL 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 12 05/18/04 ITEM 22. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU04-12 GOLDEN CORRAL Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU04-12 filed by Golden Corral granting a conditional use permit to amend the site plan approved by Ordinance No. 2003-82 for the development of a restaurant in the outparcel area of the Grapevine Mills Mall. The subject property is located at 2605 East Grapevine Mills Circle. Council Member Freed, 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, Stewart & Freed Nays: None ORDINANCE NO. 2004-32 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 CU04-12 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2003-82, FOR A PLANNED COMMERCIAL CENTER FOR A RESTAURANT IN THE OUTPARCEL AREA OF THE GRAPEVINE MILLS MALL 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 13 05/18/04 ITEM 23. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU04-13 TGI FRIDAY'S AT DFW AIRPORT Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU04-13 filed by TGI Friday's at DFW Airport granting a conditional use permit to amend the site plan approved by Ordinance No. 2003-67 for expansion of the restaurant with the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages). The subject property is located at 1000 International Parkway, Terminal B, Columns 32 and 35 and is zoned "GU" Governmental Use District. Council Member Wilbanks, seconded by Council Member Johnson, 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. 2004-33 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 CU04-13 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2003-67, FOR EXPANSION OF A RESTAURANT WITH THE POSSESSION, STORAGE, RETAIL SALE, AND ON- PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE, AND MIXED BEVERAGES) IN A DISTRICT ZONED "GU" GOVERNMENT USE 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 wow OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; a, tip; 14 05/18/04 DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 24. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU04-14 LA CASA RESTAURANT Chairman Oliver reported the Planning & Zoning Commission voted 6-0-1 for approval of Conditional Use Application CU04-14 filed by La Casa Restaurant granting a conditional use permit to amend the site plan approved by Ordinance No. 94-67 for an outdoor dining patio with the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages). The subject property is located at 1689 West Northwest Highway and is zoned "SP" Site Plan District. Council Member Freed, seconded by Council Member Stewart, 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. 2004-33 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 CU04-13 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2003-67, FOR EXPANSION OF A RESTAURANT WITH THE POSSESSION, STORAGE, RETAIL SALE, AND ON- PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE, AND MIXED BEVERAGES) IN A DISTRICT ZONED "GU" GOVERNMENT USE 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; 15 05/18/04 DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 25. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU04-17 SUZUKI Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU04-17 filed by Suzuki granting a conditional use permit to amend the site plan approved by Ordinance No. 98-51 for an automotive dealership for the addition of a 30 foot pole sign. The subject property is located at 440 West State Highway 114 and is zoned "HC" Highway Commercial District. Mayor Pro Tern 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, Stewart & Freed Nays: None Abstain: Johnson ORDINANCE NO. 2004-35 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 CU04-17 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 98-51 FOR AN AUTOMOTIVE DEALERSHIP FOR A THIRTY FOOT POLE SIGN 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 16 05/18/04 ITEM 26. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU04-18 BUFFALO WILD WINGS Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU04-18 filed by Buffalo Wild Wings granting a conditional use permit to amend the site plan approved by Ordinance No. 2003-31 for development of a restaurant with the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages). The subject property is located at 1525 William D. Tate Avenue and 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 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. 2004-36 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 CU04-18 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2003-31 FOR A PLANNED COMMERCIAL CENTER FOR THE DEVELOPMENT OF A RESTAURANT WITH THE POSSESSION, STORAGE, RETAIL SALE AND ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) 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 vtla,,of 17 05/18/04 WHICH A VIOLATION OCCURS; DECLARING AN NIOAIP EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 27. PLANNING & ZONING COMMISSION RECOMMENDATION , PRELIMINARY PLAT LOTS 1-11, BLOCK 1 GRAPEVINE TOWNHOUSE ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the preliminary plat of Lots 1-11, Block 1, Grapevine Townhouse Addition. The 1.469 acre property is being platted for development of 11 townhouses and is zoned "R-TH" Townhouse District Regulations. Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the preliminary plat of Lots 1-11, Block 1, Grapevine Townhouse Addition. 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 8:39 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 1st day of June, 2004. APPROVED: William D.0144°."..--" Mayor ATTEST: NMI Lin a Huff 1/64i City Secretary 18