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HomeMy WebLinkAbout2004-02-17 Joint Meeting AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING WORKSHOP TUESDAY, FEBRUARY 17, 2004 AT 6:30 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET DINNER AT 6:15 P.M. CALL TO ORDER 1. Update on the traffic synchronization project. 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 13th day of February, 2004 at 5:00 p.m. 414 J.41 Brown A ant City Secretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE va The City Council of the City of Grapevine, Texas met in Workshop on this the 17th day of February. 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 C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with Council Member Sharron Spencer absent, with the following members of the City Staff: Roger Nelson City Manager Bruno Rumbelow Assistant City Manager John F. Boyle, Jr. City Attorney Jodi C. Brown Assistant City Secretary CALL TO ORDER tftio Mayor Tate called the meeting to order at 6:35 p.m. ITEM 1. UPDATE TRAFFIC SYNCHRONIZATION PROJECT Traffic Engineer Ramana Chinnakotla presented an update of the City of Grapevine's Computerized Traffic Control System Project. He stated that in June, 2002, the City took over the maintenance of the 57 traffic signals in Grapevine (17 City owned and 40 State owned). He stated that the installation of equipment and software at each signal has been completed, tested and that motorists should see an improvement in travel times on the following corridors: Northwest Highway, State Highway 26, Main Street, Ball Street/William D. Tate, Grapevine Mills Parkway/FM 2499 and and State Highway 121. Future retiming projects are: Hall-Johnson Road, Bass Pro Drive and mall signals. ADJOURNMENT Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to adjourn the workshop at 7:12 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer 02/17/04 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 23rd day of March, 2004. APPROVED: William D. Tate Mayor ATTEST: Lind Huff City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, FEBRUARY 17, 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. Pending or contemplated litigation relative to City of Grapevine vs David Glenn (Cause No. 352-202667-03) pursuant to Section 551.071, Texas Government Code. B. Conference with City Manager and Staff to discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate and expand in the City; with which businesses the City is conducting economic development negotiations 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 and conference with employees under Sections 551.071 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 13th day of February, 2004 at 5:00 p.m. 411.01,Vo Joni c. Brown As ' tant 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 17th day of February, 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 C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with Council Member Sharron Spencer absent, with the following members of the City Staff: Roger Nelson City Manager Bruno Rumbelow Assistant City Manager John F. Boyle, Jr. City Attorney Jodi C. Brown Assistant City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:12 p.m. ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding: (A)pending or contemplated litigation relative to City of Grapevine vs. David Glenn (Cause No. 352-202667-03); and (B) conference with City Manager and Staff to discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate and expand in the City; with which businesses the City is conducting economic development negotiations under Sections 551.071 and 551.087, Texas Government Code. Upon reconvening in open session in the Council Chambers, Mayor Tate asked if there was any action necessary relative to the closed session. City Manager Roger Nelson stated there was no action necessary relative to (A) pending or contemplated litigation under Sections 551.071, Texas Government Code. Mr. Nelson requested Council consideration on (B) conference with City Manager and Staff a under 551.087, Texas Government Code relative to approving a resolution ordering the creation of a non-profit corporation; approving the Articles of Incorporation and the By-laws for same. Council Member Freed offered a motion, seconded by Mayor Pro Tern Ware, to approve a resolution ordering the creation of a non-profit corporation; approving the Articles of Corporation and the By-laws for the Aquarium Development Corporation of Grapevine. The motion prevailed as follows: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer RESOLUTION NO. 2004-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS ORDERING THE CREATION OF A NON-PROFIT CORPORATION PURSUANT TO THE TEXAS NON-PROFIT CORPORATION ACT, APPROVING ARTICLES OF INCORPORATION AND BYLAWS FOR, AND APPOINTING THE INITIAL DIRECTORS OF, THE CORPORATION, APPOINTING CERTAIN CONSULTANTS, AND RESOLVING RELATED MATTERS 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 8:25 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 23rd day of March, 2004. APPROVED: 4e544"'" William D. Tate Mayor ATTEST: Lin a Huff City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL & PLANNING & ZONING COMMISSION MEETING TUESDAY, FEBRUARY 17, 2004 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER INVOCATION: Commissioner Betty "BJ" Wilson PRESENTATION 1. AMBUCS to present a flag that is on long-term loan to the City which has been autographed by soldiers in Iraq. JOINT PUBLIC HEARINGS 2. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU03-52 filed by Visions Southwest 40 requesting a conditional use permit for a long-term acute care facility on property located at 4201 William D. Tate Avenue. The subject 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 CU04-02 filed by Westwood Group, LTD requesting a conditional use permit for a planned business park on property located at 1000 East Northwest Highway. The 23.2 acre property is zoned "BP" Business Park District. 4. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU04-03 filed by Anton Airfood of Texas Inc. requesting a conditional use permit for the possession, storage, retail sale and on- premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant/lounge located at Dallas/Fort Worth International Airport, Columns 101-103, Terminal E. The property is zoned "GU" Governmental Use District. 5. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU04-04 filed by Gaylord Hotels requesting a conditional use permit to amend the site plan approved by Ordinance No. 2003-34 to amend the floor plan and building elevations for the Glass Cactus Restaurant (formerly the Point Restaurant). The subject property is located at 1501 Gaylord Trail and is zoned "PCD" Planned Commerce Development District. 6. City Council and Planning & Zoning Commission to conduct a public hearing relative to the application filed by Mr. David Glenn for the final plat of Lot 1, Block 12, Starr Addition being a replat of a portion of Block 12, Starr Addition. The 0.632 acre property is located at 210 West Wall Street and is zoned "HC" Highway Commercial District. 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 13th day of February, 2004 at 5:00 p.m. 41111111 tedt.:07A-6 Jo• r. Brown As- tant City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, FEBRUARY 17, 2004 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CITIZEN COMMENTS NEW BUSINESS 7. Consider an ordinance establishing the equipment and installation rates charged by Comcast Cable Communications, Inc. and take any necessary action. 8. Consider an ordinance establishing the maximum permitted basic service tier rates charged by Comcast Cable Communications, Inc. 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. 9. Consider authorizing a temporary batch plant at 750 Shady Brook Drive for the Dove Road Expansion Project. Development Services Director recommends approval. 10. Consider canceling the March 2, 2004 City Council meeting to allow the City Council to participate in the Gaylord Texan Tribute. Staff recommends approval. 11. Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 20 Streets, Sidewalks and Other Public Ways, Section 20-7 Street Name Changes relative to Gaylord Trail and Convention Center Drive. Public Works Director recommends approval. 12. Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 23 Traffic, Section 23-63 No Parking Zones, Restricted Parking Zones relative to parking on Gaylord Trail, Convention Center Drive and Ruth Wall Road. Public Works Director recommends approval. 13. Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 23 Traffic, Section 23-26 Speed Limits — Schedule for Certain Public Streets and Ways to establish speed limits on Gaylord Trail and Convention Center Drive. Public Works Director recommends approval. 14. Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 23 Traffic, Section 23-30 Stop Intersections relative to stop signs on Ruth Wall Road and Convention Center Drive. Public Works Director recommends approval. 15. Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 23 Traffic, Section 23-34 relative to restricting left turn egress out of the Alon USA driveway on State Highway 26. Public Works Director recommends approval. 16. Consider Adopt-A-Park/Road Program agreements with the Neill Family for the Big Bear Creek Nature Preserve and with CareerSurge for Dove Road. Parks & Recreation Director recommends approval. 17. Consider renewal of Bid 107-2001 Pavement Marking Services Annual Contract to United Rentals. Public Works Director recommends approval. 18. Consider the appointment of Mr. Ron Stacy and Mrs. Balla Wright to the Grapevine Heritage Foundation Advisory Board for two year terms. Development Services Director recommends approval. 19. Consider the minutes of the February 3, 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 20. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU03-52 (Visions Southwest 40) and a subsequent ordinance, if applicable. 21. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lots 1-2, Block 1, 121 Medical Addition and take any necessary action. 22. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU04-02 (Westwood Group, LTD) and a subsequent ordinance, if applicable. 23. Consider the recommendation of the Planning & Zoning Commission relative to the preliminary plat of Lots 1-7, Block 1; Lot 1, Block 2; Lot 1, Block 3 and Lot 1, Block 4, Grapevine Station Addition and take any necessary action. 24. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lots 1-7, Block 1, Grapevine Station Addition and take any necessary action. 25. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU04-03 (Anton Airfood of Texas Inc.) and a subsequent ordinance, if applicable. 26. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU04-04 (Glass Cactus) and a subsequent ordinance, if applicable. 27. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lot 1, Block 12, Starr Addition and take any necessary action. 28. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lots 1 and 2, Block 1, House of Colors 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 13th day of February, 2004 at 5:00 p.m. Vii,/ .ey24,6-7,6-1 J•• ' . :rown A A . stant City Secretary AGENDA CITY OF GRAPEVINE SPECIAL BRIEFING SESSION PLANNING & ZONING COMMISSION TUESDAY, FEBRUARY 17, 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 February 17, 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 13th day of February, 2004 at 5:00 p.m. 411111 Id 0 Jo.®Brown As ant City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, FEBRUARY 17, 2004 AT 7:30 P.M. PLANNING & ZONING COMMISSION CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET NEW BUSINESS 1. Consider Conditional Use Application CU03-52 (Visions Southwest 40) and make a recommendation to the City Council. 2. Consider the final plat of Lots 1-2, Block 1, 121 Medical Addition and make a recommendation to the City Council. 3. Consider Conditional Use Application CU04-02 (Westwood Group, LTD) and make a recommendation to the City Council. 4. Consider the preliminary plat of Lots 1-7, Block 1; Lot 1, Block 2; Lot 1, Block 3 and Lot 1, Block 4, Grapevine Station Addition and make a recommendation to the City Council. 5. Consider the final plat of Lots 1-7, Block 1, Grapevine Station Addition and make a recommendation to the City Council. 6. Consider Conditional Use Application CU04-03 (Anton Airfood of Texas Inc.) and make a recommendation to the City Council. 7. Consider Conditional Use Application CU04-04 (Glass Cactus) and make a recommendation to the City Council. 8. Consider the final plat of Lot 1, Block 12, Starr Addition and make a recommendation to the City Council. 9. Consider the final plat of Lots 1 and 2, Block 1, House of Colors Addition and make a recommendation to the City Council. 10. Discuss an amendment to Appendix D, Comprehensive Zoning Ordinance, Section 28 "CBD" Central Business District relative to the one-year trial period for outside display of merchandise and take any necessary action. CONSIDERATION OF MINUTES 11. Consider the minutes of the January 20, 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 13th day of February, 2004 at 5:00 p.m. 4o4dL Jodi Brown Assi- -nt 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 17th day of February, 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 C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with Council Member Sharron Spencer 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 Herbert 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 Jodi C. Brown Assistant City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:50 p.m. INVOCATION Commission Member Betty "BJ" Wilson delivered the Invocation. ITEM 1. PRESENTATION, AUTOGRAPHED AMERICAN FLAG Mr. Mike Lease, President of the Grapevine Ambucs, presented an American flag 02/17/04 autographed by American troops stationed in Iraq to the City on a long-term loan. City Manager Nelson stated the flag would be displayed at the Grapevine Public Library. ITEM 2. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU03-52, VISIONS SOUTHWEST 40 Mayor Tate declared the public hearing open. Planner Ron Stombaugh reported Conditional Use Application CU03-52 had been filed by Visions Southwest 40 requesting a conditional use permit for a 60-bed long-term acute care facility located at 4201 William D. Tate Avenue. The property is zoned "CC" Community Commercial District Regulations. Mr. Rick Pierson requested favorable consideration of the application. Questions from the Planning & Zoning Commission were relative to the definition of a long- term acute care facility and the length of stay. Mr. Pierson stated the facility is for patients who no longer require hospital care but still require medical treatment that is not available at home or through a nursing home, with the average length of stay being 25 days. 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 Wilson, 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 Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer ITEM 3. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU04-02, WESTWOOD GROUP Mayor Tate declared the public hearing open. Planner Ron Stombaugh reported Conditional Use Application CU04-02 had been filed by Westwood Group, LTD requesting a conditional use permit for a planned business park on sow property located at 1000 East Northwest Highway. The 23.2 acre property is zoned "BP" Business Park District and will be developed in three phases. 02/17/04 Mr. Chuck Stark requested favorable consideration of the application. He stated the five individual buildings would meet the design requirements and no specific users were being built for at this time. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was one letter of protest submitted. Commissioner Wilson, 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 Johnson, seconded by Council Member Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer ITEM 4. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU04-03, ANTON AIRFOOD OF TEXAS, INC. Mayor Tate declared the public hearing open. Planner Ron Stombaugh reported Conditional Use Application CU04-03 had been filed by Anton Airfood of Texas Inc. requesting a conditional use permit for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant/lounge located at Dallas/Fort Worth International Airport, Columns 101-103, Terminal E. The property is zoned "GU" Governmental Use District. Ms. Pamela Craig requested favorable consideration of the application. There were no questions from the City Council and Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was one letter of support submitted. Commissioner Murray, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: 3 02/17/04 Ayes: Oliver, Coy, Murray, Wilson, Undersander, St. John & Jennings Nays: None Absent: Fry 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, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer ITEM 5. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU04-04, GAYLORD HOTELS (GLASS CACTUS) Mayor Tate declared the public hearing open. Planner Ron Stombaugh reported Conditional Use Application CU04-04 had been filed by Gaylord Hotels requesting a conditional use permit to amend the site plan approved by Ordinance No. 2003-34 to amend the floor plan and building elevations for the Glass Cactus Restaurant (formerly the Point Restaurant). The subject property is located at 1501 Gaylord Trail and is zoned "PCD" Planned Commerce Development District. Mr. John Imaizumi requested favorable consideration of the application. Planning & Zoning Commission questioned whether the facility and the entertainment were open to the public and whether there would be access to the facility from the lake. Mr. Imaizumi stated the restaurant and entertainment facility were open to the public and that there was no access to the facility from the lake. 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 Stewart, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Now Nays: None Absent: Spencer 4 02/17/04 ITEM 6. PUBLIC HEARING, FINAL PLAT LOT 1, BLOCK 12, STARR ADDITION, BEING A REPLAT OF A PORTION OF BLOCK 12, STARR ADDITION Mayor Tate declared the public hearing open. Senior Civil Engineer Scott Dyer reported that Mr. David Glenn had filed the application for the final plat of Lot 1, Block 12, Starr Addition being a replat of a portion of Block 12, Starr Addition. The subject property is located at 210 West Wall Street and is zoned "HC" Highway Commercial District Regulations. The 0.632 acre property is being platted for an office building to comply with City regulations. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. There were no questions from the City Council or the Planning & Zoning Commission. Commissioner Undersander, seconded by Commissioner Wilson, 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, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer 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. 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. 5 02/17/04 ITEM 7. ORDINANCE, DENYING PROPOSED EQUIPMENT AND INSTALLATION RATES CHARGED BY COMCAST CABLE COMMUNICATIONS, INC. Assistant City Manager Bruno Rumbelow recommended approval of an ordinance denying the maximum permitted equipment and installation rates allowed by Comcast Cable Communication, Inc. The Utility Committee reviewed C2 Consulting Services' report relative to Comcast's FCC Form 1205 filed on March 1, 2003 and recommended approval of the ordinance denying the equipment and installation rates. Council Member Stewart, seconded by Mayor Pro Tern Ware, offered a motion for approval of the ordinance denying the rate request. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer ORDINANCE NO. 2004-07 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS ESTABLISHING THE EQUIPMENT AND INSTALLATION RATES CHARGED BY COMCAST CABLE COMMUNICATIONS, INC.; DECLARING AN EMERGENCY AND PROVIDING AN , EFFECTIVE DATE ITEM 8. ORDINANCE, ESTABLISH MAXIMUM PERMITTED BASIC SERVICE TIER RATES CHARGES BY COMCAST CABLE COMMUNICATIONS, INC. Assistant City Manager Rumbelow requested approval of an ordinance establishing the maximum permitted basic service tier rates charged by Comcast Cable Communications, Inc. on March 1, 2003, Comcast filed FCC Form 1240 filing requesting an increase from $10.32 to $11.14. The basic tier includes 29 channels and under FCC rules is the only rate regulated by the City Council. The Utility Committee reviewed C2 Consulting Services' report relative to the Form 1240 filing and recommended approval of the ordinance. Council Member Freed, seconded by Mayor Pro Tern Ware, offered a motion for approval of the ordinance establishing the basic service tier rates. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer ORDINANCE NO. 2004-08 Now AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS ESTABLISHING THE MAXIMUM 6 02/17/04 PERMITTED BASIC SERVICE TIER RATES CHARGED BY COMCAST CABLE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. Item 9. Authorize Temporary Batch Plant, 750 Shady Brook Drive Development Services Director recommended approving a temporary batch plant to be located at 750 Shady Brook Drive for use during the Dove Road Expansion Project. Motion by Council Member Wilbanks, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer Item 10. Cancel March 2, 2004 City Council Meeting Staff recommended canceling the March 2, 2004 City Council meeting to allow the City Council to participate in the Gaylord Texas Tribute. The next City Council meeting will be held March 23, 2004. Motion by Council Member Wilbanks, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: 4 Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer Item 11. Ordinance, Amend Chapter 20 Streets, Sidewalks and Other Public Ways, Section 20-7 Street Name Changes, Gaylord Trail and Convention Center Drive Public Works Director recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 20 Streets, Sidewalks and Other Public Ways, Section 20-7 Street Name Changes relative to Gaylord Trail and Convention Center Drive. Motion by Council Member Wilbanks, seconded by Council Member Stewart, to approve the ordinance as recommended prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer ORDINANCE NO. 2004-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 7 02/17/04 GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE , , OF ORDINANCES, CHAPTER 20 STREETS, SIDEWALKS AND OTHER PUBLIC WAYS, SECTION 20-7 RELATIVE TO STREET NAME CHANGES; PROVIDING FOR THE NAME CHANGE OF A CERTAIN STREET; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Item 12. Ordinance, Amend Chapter 23 Traffic, No Parking Zones on Gaylord Trail Convention Center Drive and Ruth Wall Road Public Works Director recommended approval of ordinance amending the Grapevine Code of Ordinances, Chapter 23 Traffic, Section 23-63 No Parking Zones, Restricted Parks Zones relative to parking on Gaylord Trail, Convention Center Drive and Ruth Wall Road. Motion by Council Member Wilbanks, seconded by Council Member Stewart, to approve the ordinance as recommended prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer ORDINANCE NO. 2004-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 23 TRAFFIC, SECTION 23-63 RELATIVE TO NO PARKING ZONES, RESTRICTED PARKING ZONES; AUTHORIZING THE ERECTION OF TRAFFIC REGULATION SIGNS; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Item 13. Ordinance, Amend Chapter 23 Traffic, Speed Limits on Gaylord Trail and Convention Center Drive Public Works Director recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 23 Traffic, Section 23-26 Speed Limits-Schedule for Certain Public Streets and Ways to establish speed limits on Gaylord Trail and Convention Center new Drive. 8 02/17/04 Motion by Council Member Wilbanks, seconded by Council Member Stewart, to approve the ordinance as recommended prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer ORDINANCE NO. 2004-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES, CHAPTER 23 TRAFFIC, SECTION 23-26 SCHEDULES FOR CERTAIN PUBLIC STREETS AND WAYS, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF SECTIONS 167 AND 169 OF ARTICLE XIX, R.C.S. 6701 d, UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF GRAPEVINE AS SET OUT IN THE ORDINANCE; AUTHORIZING THE ERECTION OF TRAFFIC REGULATION SIGNS; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Item 14. Ordinance, Amend Chapter 23 Traffic, Stop Intersections on Ruth Wall Road and Convention Center Drive Public Works Director recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 23 Traffic, Section 23-30 Stop Intersections relative to stop signs on Ruth Wall Road and Convention Center Drive. Motion by Council Member Wilbanks, seconded by Council Member Stewart, to approve the ordinance as recommended prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer 9 02/17/04 ORDINANCE NO. 2004-12 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 15. Ordinance, Amend Chapter 23 Traffic, Restricted Left Turn egress, Alon USA driveway on State Highway 26 Public Works Direction recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 23 Traffic, Section 23-34 relative to restricting left turn egress out of the Alon USA driveway on State Highway 26. Motion by Council Member Wilbanks, seconded by Council Member Stewart, to approve the ordinance as recommended prevailed by the following vote: °' Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer ORDINANCE NO. 2004-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 23 TRAFFIC, SECTION 23-34, LEFT TURNS PROHIBITED; AUTHORIZING THE ERECTION OF TRAFFIC REGULATION SIGNS; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE 10 02/17/04 Item 16. Approve Adopt-A-Park/Road Program Agreements for Big Bear Creek Nature Preserve and Dove Road Parks & Recreation Director recommended approval of the Adopt-A-Park/Road Program agreements with the Neill Family for the Big Bear Creek Nature Preserve and with CareerSurge for Dove Road from Kimball Road to Park Boulevard. Motion by Council Member Wilbanks, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer Item 17. Renewal of Bid 107-2001 Pavement Marking Services Annual Contract Public Works Director recommended approval of renewing Bid 107-2001 Pavement Marking Services Annual Contract to United Rentals. Motion by Council Member Wilbanks, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer Item 18. Appointments to Grapevine Heritage Foundation Advisory Board Development Services Director recommended approval of the appointment of Mr. Ron Stacy and Mrs. Balla Wright to the Grapevine Heritage Foundation Advisory board for two year terms. Motion by Council Member Wilbanks, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer Item 19. Consideration of Minutes City Secretary recommended approval of the minutes of the February 3, 2004 City Council meetings as published. Motion by Council Member Wilbanks, seconded by Council Member Stewart, to approve 11 02/17/04 as recommended prevailed by the following vote: ,M ,,,. Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer ITEM 20. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU03-52 VISIONS SOUTHWEST 40 Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU03-52 filed by Visions Southwest 40 granting a conditional use permit to allow a long-term acute care facility on property located at 4201 William D. Tate Avenue. Council Member Johnson, 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, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer ORDINANCE NO. 2004-14 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 CU03-52 FOR A LONG-TERM ACUTE CARE FACILITY 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 02/17/04 ITEM 21. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1-2, BLOCK 1, 121 MEDICAL ADDITION Chairman Oliver reported the Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 1-2, Block 1, 121 Medical Addition. The 5.654 acre property located at the northeast corner of Hughes Road and William D. Tate Avenue and is being platted for the development of a long-term acute care facility. 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 final plat of Lots 1-2, Block 1, 121 Medical Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer ITEM 22. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU04-02 WESTWOOD GROUP Chairman Oliver reported the Planning & Zoning Commission voted 6-0-1 for approval of Conditional Use Application CU04-02 filed by Westwood Group granting a conditional use permit establishing a 23.2 acre planned business park on property located at 1000 East Northwest Highway. 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, Wilbanks, Johnson & Freed Nays: None Abstain: Stewart Absent: Spencer ORDINANCE NO. 2004-15 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 CU04-02 FOR A PLANNED BUSINESS PARK IN A DISTRICT ZONED "BP" BUSINESS PARK DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF 13 02/17/04 ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 23. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT LOTS 1-7, BLOCK 1; LOT 1, BLOCK 2; LOT 1, BLOCK 3; AND LOT 1, BLOCK 4, GRAPEVINE STATION ADDITION Chairman Oliver reported the Commission voted 6-0-1 for approval of the Statement of Findings and the preliminary plat of Lots 1-7, Block 1; Lot 1, Block 2; Lot 1, Block 3; and Lot 1, Block 4, Grapevine Station Addition. The 32.55 acre property is located west of BS114L between Wall Street and the railroad and is being platted for the development of business park and Community Commercial development. Council Member Freed, seconded by Mayor Pro Tern Ware, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the preliminary plat of Lots 1-7, Block 1; Lot 1, Block 2; Lot 1, Block 3; and Lot 1, Block 4, Grapevine Station Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson & Freed Nays: None Abstain: Stewart Absent: Spencer ITEM 24. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1-7, BLOCK 1, GRAPEVINE STATION ADDITION Chairman Oliver reported the Commission voted 6-0-1 for approval of the Statement of Findings and the final plat of Lots 1-7, Block 1, 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. Council Member Freed, seconded by Council Member Wilbanks, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the ., final plat of Lots 1-7, Block 1, Grapevine Station Addition. The motion prevailed by the following vote: ,, 14 02/17/04 Ayes: Tate, Ware, Wilbanks, Johnson & Freed Nays: None Abstain: Stewart Absent: Spencer ITEM 25. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU04-03 ANTON AIRFOOD OF TEXAS, INC. Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU04-02 filed by Anton Airfood of Texas, Inc. granting a conditional use permit to allow the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant/lounge located at Dallas/Fort Worth International Airport, Columns 101-103 Terminal E. The property 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, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer ORDINANCE NO. 2004-16 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 CU04-03 FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE, AND MIXED BEVERAGES) IN CONJUNCTION WITH A RESTAURANT/LOUNGE IN A DISTRICT ZONED "GU" GOVERNMENTAL 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; 15 02/17/04 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 26. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU04-04 GAYLORD HOTELS (GLASS CACTUS) Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU04-04 filed by Gaylord Hotels granting a conditional use permit to amend the site plan approved by Ordinance No. 2003-34 to amend the floor plan and building elevations for the Glass Cactus Restaurant (formerly the Point Restaurant). The subject property is located at 1501 Gaylord Trail and is zoned "PCD" Planned Commerce Development District. 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, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer ORDINANCE NO. 2004-17 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 CU04-04 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2003-34 FOR A PLANNED COMMERCIAL CENTER WITH THE POSSESSION, STORAGE, RETAIL SALE, AND ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE, AND MIXED BEVERAGES) IN CONJUCTION WITH A HOTEL AND CONFERENCE CENTER, TO AMEND THE FLOOR PLAN AND BUILDING ELEVATIONS FOR THE GLASS CACTUS RESTAURANT (FORMERLY THE "POINT" RESTAURANT) 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 02/17/04 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 27. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1, BLOCK 12, STARR ADDITION Chairman Oliver reported the Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1, Block 12, Starr Addition. The 0.632 acre property located at 210 West Wall Street is being platted for an office building. 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 12, Starr Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer ITEM 28. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT OF LOTS 1 & 2, BLOCK 1, HOUSE OF COLORS ADDITION Chairman Oliver reported the Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 1 and 2, Block 1, House of Colors Addition being a replat of Lot 1, Block 1, portions of Lots 5, 9, and 10, Block 2, and portion of Lot 23, Block 1, City of Grapevine Addition, also known as Original Town of Grapevine. The 0.5281 acre property located at 317 Church Street is being platted for an art school and business. 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 Lots 1 and 2, Block 1, House of Colors Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer 17 02/17/04 ADJOURNMENT Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to adjourn the meeting at 8:25 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 23rd day of March, 2004. APPROVED: William D. Tate Mayor ATTEST: Lin a Huff City Secretary 18