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HomeMy WebLinkAboutItem 21 - Minutesire. L -w -m -mi -Now 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 21st day of December, 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 Ted R. Ware Sharron Spencer C. Shane Wilbanks Clydene Johnson Roy Stewart Darlene Freed Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Council Member constituting a quorum, with the following members of the City Staff: Roger Nelson City Manager Bruno Rumbelow Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:00 p.m. ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding: (A) real property relative to Scribner Street; (B) personnel relative to City Manager position and (C) conference with City Manager and Staff to discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate and expand in the City; with which businesses the City is conducting economic development negotiations under Sections 551.072, 551.074 and 551.087, Texas Government Code. Upon reconvening in open session in the Council Chambers, Mayor Tate asked if there was any action necessary relative to the closed session. City Manager Roger Nelson stated there was no action necessary relative to the closed session under Sections 551.072 and 551.087, Texas Government Code. 12/21/04 Regarding personnel, City Manager Nelson recommended approval of the appointment of Acting Police Chief Eddie Salame as Police Chief effective January 4, 2005 to replace retiring Police Chief Dale Wilkins. Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to approve the appointment of Eddie Salame as Police Chief effective January 4, 2005 as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None NOTE: Real estate was not discussed during the closed session. 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 Spencer, offered a motion to adjourn the meeting at 8:50 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 18th day of January, 2005. ATTEST: Linda Huff City Secretary K William D. Tate Mayor STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council and the Planning & Zoning Commission of the City of Grapevine, Texas met in Regular Joint Session on this the 21 st day of December, 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 Member Mark Lowery Alternate constituting a quorum, with Alternate Paul Jennings absent, with the following members of the City Staff: Roger Nelson City Manager Bruno Rumbelow Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:50 p.m. INVOCATION Commissioner Coy delivered the Invocation. ITEM 1. PUBLIC HEARING, HISTORIC LANDMARK SUBDISTRICT APPLICATION HL04-03, CITY OF GRAPEVINE 12/21/04 Mayor Tate declared the public hearing open. Planner Ron Stombaugh reported Historic Landmark Subdistrict Application HL03-04 had been filed by the City of Grapevine requesting a Historic Landmark Subdistrict Designation for property located at 1331 West Wall Street to be known as the Henry Hiram Yancy Farmhouse. The subject property is zoned "PO" Professional Office District. 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 Murray, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander & St. John Nays: None Mayor Pro Tem Ware, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 2. PUBLIC HEARING CONDITIONAL USE APPLICATION CU04-39 PAVESTONE Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU04-39 had been filed by Pavestone requesting a conditional use permit to amend the site plan approved by Ordinance No. 2002-46 for building expansion on property located at 3215 State Highway 360. Mr. Stombaugh advised that the applicant proposes a 3,868 square foot expansion to Plant No. 2. The subject property is zoned "PID" Planned Industrial Development District. Mr. Tom Davis 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. 2 12/21/04 Commissioner Fry, 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 & St. John Nays: None 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 WeTTIN 114 1] i 9 k 110 10 1 ilk Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU04-40 had been filed by Hilton Garden Inn requesting to amend the site plan approved by Ordinance No. 2000-05 for the development of a hotel with the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with the operation of a restaurant. The property is located at 205 West State Highway 114 and is zoned "CC" Community Commercial District Regulations. The proposal meets all requirements for new hotel construction established after April 18, 2000. Mr. Stombaugh advised that the applicant proposes a 110 -room hotel with a minimum room size of 380 square feet, a full service restaurant with service to the general public, meeting space and a swimming pool with a minimum area of 1,000 square feet Mr. Don Evenson requested favorable consideration of the application. The City Council and the Planning & Zoning Commission questioned the proposed room rates and how the proposed product differed from the Hilton Inn's normal product. The applicant responded that the rates are proposed between $85-$125. Mr. Evenson noted they had added additional meeting space, room size and other amenities to their normal product. 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 regarding the application. Commissioner Coy, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander & St. John Nays: None 3 12/21/04 Council Member Freed, seconded by Council Member Spencer, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 4. PUBLIC HEARING CONDITIONAL USE APPLICATION CU04-41 MAIN STREET BLUES Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU04-41 had been filed by Main Street Blues requesting a conditional use permit to amend the site plan approved by Ordinance No. 2001-98 for a restaurant/lounge with the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages). The property is located at 814 South Main Street and is zoned "CBD" Central Business District. Ms. Monica Guzman requested favorable consideration of the application. There were no questions from the Planning & Zoning Commission. The Council questioned the proposed hours. Ms. Guzman responded that they would be open 11 - 3 for lunch and 5 - 10 for dinner, and that on Thursday, Friday and Saturday until 2 a.m. She stated that after 10:00 p.m. would be for 25 years and older. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner St. John, 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 & St. John Nays: None Council Member Johnson, 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, AMENDMENTS GRAPEVINE CODE OF ORDINANCES_ APPENDIX D, COMPREHENSIVE ZONING ORDINANCE NO. 82-73, AS AMENDED SECTION 25 "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS; SECTION 26 "HC" HIGHWAY COMMERCIAL DISTRICT; SECTION 27 "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS; C! 12/21/04 SECTION 29 "HCO" HOTEL AND CORPORATE OFFICE DISTRICT, SECTION 32 "BP" BUSINESS PARK DISTRICT AND SECTION 40 "MXU" MIXED USE DISTRICT Mayor Tate declared the public hearing open. Planner Stombaugh reviewed the proposed amendments to the Grapevine Code of Ordinances, Appendix D, the Comprehensive Zoning Ordinance No. 87-23, as amended, Section 25 "CC" Community Commercial District Regulations; Section 26 "HC" Highway Commercial District; Section 27 "PO" Professional Office District Regulations; Section 29 "HCO" Hotel and Corporate Office District; Section 32 "BP" Business Park District and Section 40 "MXU" Mixed Use District relative to building/structure heights in excess of 50 feet, owner/caretaker residence and to strengthening requirements for the establishment of hotels/motels. He noted the effective date of the proposed ordinance would be January 18, 2005. 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 Coy, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander & St. John Nays: None Council Member Freed, seconded by Council Member Spencer, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RECESS AND RECONVENE Mayor Tate announced the Planning & Zoning Commission would recess to the Planning & Zoning Conference Room to consider published business. The City Council remained in session in the Council Chambers to consider published business. ITEM 6. AWARD CONTRACT, WATER TREATMENT PLANT AND HILTON LIFT STATION IMPROVEMENTS Assistant Director of Public Works/Operations Matt Singleton recommended approval of the award of the Water Treatment Plant and Hilton Lift Station Improvements Contract to 61 12/21/04 Cooper General Contractors in the amount of $2,382,000.00. The improvements include 4� additional ground storage, installation of high service pumps, baffling of ground storage tanks and additional pumps for the Hilton Lift Station. Motion by Council Member Spencer, seconded by Mayor Pro Tem Ware, to award the bid to Cooper General Contractors as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 7. ORDINANCE AMEND GRAPEVINE CODE OF ORDINANCES CHAPTER 23 TRAFFIC SECTION 23-26 SPEED LIMITS Traffic Engineer Ramana Chinnakotla 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 on Hall -Johnson Road and Minters Chapel Road. He reviewed Staff's recommendation for a 35 -mph speed zone in both directions on Hall -Johnson Road between Parr Road and State Highway 121 and a 40 -mph speed zone in both directions on Minters Chapel Road between Dallas Road and State Highway 114 Westbound Service Road. Motion by Council Member Johnson, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2004-80 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 N. 12/21/04 EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 8. ORDINANCE, AMEND GRAPEVINE CODE OF ORDINANCES, CHAPTER 23 TRAFFIC, SECTION 23-27 SPEED LIMITS Traffic Engineer Chinnakotla recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 23 Traffic, Section 23-27 Speed Limits — Schedules of Additional School Zones for removal of the school zone designation on Mustang Drive from Timberline Drive to 1500 feet east of Timberline Drive. Motion by Council Member Stewart, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2004-81 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 23 TRAFFIC, SECTION 23-27 SCHEDULES OF ADDITIONAL SCHOOL 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 9. APPROVAL OF SPEED FAB -CRETE FOR DESIGN/BUILD SERVICES, SERVICE CENTER Public Works Director Jerry Hodge recommended approval of the selection of Speed Fab - Crete to provide design/build services on the City's Service Center Improvements and authorization for Staff to negotiate a contract (Part I only) with Speed Fab -Crete for said services. The Part I agreement covers services for preliminary design and budgeting for a 14,000 square foot storage facility, fleet bay expansion and a new equipment wash bay. Motion by Council Member Freed, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: 7 12/21/04 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 10. AWARD CONTRACT WATER FOUNTAIN BOTANICAL GARDENS GREENSCAPE PUMP SERVICES INC. Parks & Recreation Superintendent Kevin Mitchell recommended approval of the award of a contract to Greenscape Pump Services, Inc. for the construction of a water fountain at the Botanical Gardens at Heritage Park in the amount of $75,000.00. He presented slides of fountains constructed by Greenscape at various metroplex locations and highlighted the elements proposed for the fountain in Grapevine's Botanical Gardens. Council deliberation ensued relative to the design of the fountain, proposed location of the fountain disturbing the natural elements of the Gardens and concerns of the 18" water depth proposed for the fountain. After discussion of a natural concept for the fountain, Council Member Wilbanks offered a motion to approve the contract with the ultimate design of the fountain to be approved by the City Council. The motion was seconded by Council Member Freed and prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None 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 11. Second and Final Reading, Ordinance No. 2004-82 Zoning Application Z04-12 Landmark Condominiums Development Services Director recommended approval of the second and final reading of Ordinance No. 2004-82 approving Zoning Application Z04-12 filed by Landmark Condominiums granting rezoning of approximately 8.69 acres from "CC" Community Commercial District Regulations to "R -MF -1" Multifamily District Regulations. The subject property is located at 2915 West Grapevine Mills Circle. The Board of Zoning Adjustment approved the requested variances at the December 6, 2004 meeting. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: PQ 12/21/04 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2004-82 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 Z04-12 ON A TRACT OF LAND OUT OF THE H. SUGGS SURVEY, ABSTRACT NO. 1415 AND THE A. ANDERSON SURVEY, ABSTRACT NO. 26 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 "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS TO "R -MF -1" MULTIFAMILY DISTRICT REGULATIONS; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES AND PROVIDING AN EFFECTIVE DATE Item 12. Award Contract Engine Generator Information Technology Building Public Works Director recommended approval of the award of a contract in the amount of $43,600.00 for the purchase and installation of an engine generator at the Information Technology Building and authorization for Staff to enter into said contract. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 13. Award Contracts Flooring and Painting Club House Municipal Golf Course Administrative Services Director recommended approval of the award of contracts to 9 12/21/04 Business Flooring Specialists for flooring in the amount of $20,448.45 and to Highcliff Services for painting in the amount of $14,297.00 at Municipal Golf Course Club House. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 14. Award Bid 108-2001 Parks & Recreation Activity Brochure Printing Annual Contract Parks & Recreation Director recommended approval of the award of Bid 108-2001 Parks & Recreation Activity Brochure Printing Annual Contract to F. J. Business Forms. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 15. Consideration of Minutes City Secretary recommended approval of the minutes of the December 7, 2004 City Council meetings as published. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 16. PLANNING & ZONING COMMISSION RECOMMENDATION HISTORIC LANDMARK SUBDISTRICT APPLICATION HL04-03 CITY OF GRAPEVINE/HENRY HIRAM YANCY FARMHOUSE Vice Chairman Herb Fry reported the Commission voted 7-0 for approval of Historic Landmark Subdistrict Application HL04-03 filed by the City of Grapevine granting a Historic Landmark Subdistrict Designation for property located at 1331 West Wall Street to be known as the Henry Hiram Yancy Farmhouse. Mayor Pro Tem Ware, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the ordinance granting the Historic Landmark Subdistrict Designation. The motion prevailed by the following vote: 12/21/04 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2004-83 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DESIGNATING HISTORIC LANDMARK SUBDISTRICT HL04-03 IN ACCORDINANCE WITH SECTION 39 OF ORDINANCE NO. 82-73, APPENDIX "D" OF THE CODE OF ORDINANCES, THE COMPREHENSIVE ZONING ORDINANCE, DESIGNATING BLOCK 1, DELLWOOD ACRES AND MORE SPECIFICALLY DESCRIBED HEREIN, IN A DISTRICT ZONED "PO" PROFESSIONAL OFFICE DISTRICT; PROVIDING FOR THE ADOPTION OF THE HENRY HIRAM YANCY FARMHOUSE HISTORIC DISTRICT DESIGN GUIDELINES; 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 17. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU04-39 PAVESTONE Vice Chairman Fry reported the Commission voted 7-0 for approval of Conditional Use Application CU04-39 filed by Pavestone granting a conditional use permit to amend the site plan approved by Ordinance No. 2002-46 for building expansion on property located at 3215 State Highway 360. Council Member Johnson, seconded by Council Member Wilbanks, 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. 2004-84 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE 11 12/21/04 NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE 4 OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU04-39 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO.2002-46 FOR A MANUFACTURING FACILITY FOR BUILDING EXPANSION IN A DISTRICT ZONED "PID" PLANNED INDUSTRIAL DEVELOPMENT DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 18. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU04-40 HILTON GARDEN INN Vice Chairman Fry reported the Commission voted 7-0 for approval of Conditional Use Application CU04-40 filed by Hilton Garden Inn granting a conditional use permit to amend the site plan approved by Ordinance No. 2000-05 for the development of a hotel with the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with the operation of a restaurant on property located at 205 West State Highway 114. 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. 2004-85 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 12 12/21/04 KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU04-40 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2000-05 FOR THE DEVELOPMENT OF A HOTEL WITH THE POSSESSION, STORAGE, RETAIL SALE AND ON - PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) IN CONJUNCTION WITH A RESTAURANT IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($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 19. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU04-41 MAIN STREET BLUES Vice Chairman Fry reported the Commission voted 7-0 for approval of Conditional Use Application CU04-41 filed by Main Street Blues granting a conditional use permit to amend the site plan approved by Ordinance No. 2001-98 for a restaurant/lounge with the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages) on property located at 814 South Main Street. 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, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2004-86 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 13 12/21/04 KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU04-41 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2001-98 FOR POSSESSION, STORAGE, RETAIL SALE AND ON -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) IN CONJUNCTION WITH A RESTAURANT IN A DISTRICT ZONED "CBD" CENTRAL BUSINESS DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 20. PLANNING & ZONING COMMISSION RECOMMENDATION AMEND GRAPEVINE CODE OF ORDINANCES APPENDIX D COMPREHENSIVE ZONING ORDINANCE NO. 82-73 AS AMENDED SECTION 25 "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS; SECTION 26 "HC" HIGHWAY COMMERCIAL DISTRICT, SECTION 27 "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS; SECTION 29 "HCO" HOTEL AND CORPORATE OFFICE DISTRICT; SECTION 32 "BP" BUSINESS PARK DISTRICT AND SECTION 40 "MXU" MIXED USE DISTRICT Vice Chairman Fry reported the Commission voted 7-0 for approval of the amendments to the Grapevine Code of Ordinances, Appendix D, the Comprehensive Zoning Ordinance No. 82-73, as amended, Section 25 "CC" Community Commercial District Regulations; Section 26 "HC" Highway Commercial District; Section 27 "PO" Professional Office District Regulations; Section 29 "HCO" Hotel and Corporate Office District; Section 32 "BP" Business Park District and Section 40 "MXU" Mixed Use District Regulations relative to building/structure heights in excess of 50 feet, owner/caretaker residence and to strengthening requirements for the establishment of hotels/motels. Mayor Pro Tem Ware, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the ordinance amending Appendix D of the Code of Ordinances. The motion prevailed by the following vote: 0 12/21/04 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2004-87 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS AMENDING ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY PROVIDING FOR AMENDMENTS AND CHANGES TO ZONING REGULATIONS BY AMENDING SECTION 25 "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS, SECTION 26 "HC" HIGHWAY COMMERCIAL DISTRICT, SECTION 27 "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS, SECTION 29 "HCO" HOTEL AND CORPORATE OFFICE DISTRICT, SECTION 32 "BP" BUSINESS PARK DISTRICT AND SECTION 40 "MXU" MIXED USE DISTRICT REGULATIONS; 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 Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 8:50 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 18th day of January, 2005. William D. Tate Mayor 15 ATTEST: Linda Huff City Secretary in 12/21/04