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HomeMy WebLinkAboutItem 11 - Minutes ITEM STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 19th day of October, 2010 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 C. Shane Wilbanks Mayor Pro Tern Sharron Spencer Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager H. T. Hardy Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the workshop to order at 6:31 p.m. ITEM 1. MONTHLY FINANCIAL UPDATE Administrative Services Director John McGrane presented the monthly financial update through September, 2010, noting that the figures are pre-year end. He stated that expenditures are less than the revenues for FY2009;therefore,the fund balance will not be affected. He noted that sales taxes are up 13.3%o from the same time last year and the mixed beverage taxes are continuing to move up. He commented that due to the economy, hotel occupancy continues to fluctuate monthly. He stated that the City's unemployment rate is at 6.75% which is still below the national average of 9.8%. There was no formal action taken by the City Council. ADJOURNMENT Council Member Wilbanks, seconded by Council Member Coy, offered a motion to adjourn the workshop at 6:42 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 10/19/10 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 2nd day of November, 2010. APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary 2 STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Executive Session on this the 19th day of October, 2010 at 6:45 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 C. Shane Wilbanks Mayor Pro Tern Sharron Spencer Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager H. T. Hardy Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 6:45 p.m. ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding: (A) personnel relative to City Manager's annual evaluation under Section 551.074, 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 or 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. Council Member Coy stated there is an annual performance evaluation of the City Manager and he was pleased to announce that Mr. Rumbelow received a very good review on managing the financial aspects of the City, directing Staff and communicating with the 10/19/10 public. Council Member Coy stated that overall the City Council was very pleased with Mr. Rumbelow's performance. Note: Conference with City Manager and Staff relative to economic development negotiations was not discussed. Note: City Council continued with the Regular City Council meeting in open session in the City Council Chambers. ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the meeting at 9:08 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 2nd day of November, 2010. APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary 2 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 19th day of October, 2010 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 C. Shane Wilbanks Mayor Pro Tern Sharron Spencer Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with the following members of the Planning & Zoning Commission` Larry Oliver Chairman Herbert Fry Vice Chairman Betty "BJ" Wilson Member Monica Hotelling Member Jim Fechter Member Beth Tiggelaar Member Wayne Szot Alternate Elaine Martin Alternate constituting a quorum,with Commissioner Gary Martin absent,with the following members of the City Staff: Bruno Rumbelow City Manager H. T. Hardy Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:38 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Fechter delivered the Invocation and led the Pledge of Allegiance. ITEM 1. PUBLIC HEARING, CONDITIONAL USEAPPLICATION CU10-03 CORK IT 10/19/10 Mayor Tate declared the public hearing open. Planner Albert Triplett reported that Conditional Use Application CU10-23 had been filed by Cork It requesting a conditional use permit to amend the site plan approved by Ordinance No. 2007-57 for vinyl drop curtains on the outdoor patios located at 909 South Main Street. The subject property is zoned "MXU" Mixed Use District Regulations. The applicant proposes to use clear vinyl drop curtains on both outdoor patios to provide protection from wind, rain and help manage room temperatures. Mr. Scott Summers requested favorable consideration of the application. Questions from the City Council were related to heating of the patios and the see-through vinyl curtains. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and City Secretary Huff reported the Council and Commission had been copied the one letter of support. Commissioner Wilson, seconded by Commissioner Fechter, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Tiggelaar& E. Martin Nays: None Absent: G. Martin Council Member Lease, seconded by Council Member Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 2. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU10-24 FREEMAN BUICKIGMC Mayor Tate declared the public hearing open. Planner Triplett reported that Conditional Use Application CU10-24 had been filed by Freeman Buick/GMC requesting a conditional use permit to amend the site plan approved by Ordinance No. 99-39 for a 40-foot pole sign on property located at 501 West State Highway 114_ The subject property is zoned "CC" Community Commercial District Regulations. The applicant proposes to replace the existing 32-foot pole sign with a 40- foot, 227-square foot pole sign for increased visibility.. Mr. Tommy Bell requested favorable consideration of the application. 2 10/19110 Brief discussion ensued regarding the visibility and location of the proposed sign when the state highway improvements are completed. Staff responded that all of the required right- of-way and signage locations had been completed for the highway construction project. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and City Secretary Huff reported the Council and Commission had been copied the one letter of protest. Commissioner Fry, seconded by Commissioner Hotelling, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Tiggelaar & E. Martin Nays: None Absent: G. Martin Mayor Pro Tern Wilbanks, seconded by Council.Member Lease, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 3. PUBLIC HEARING SPECIAL USE APPLICATION SU10-08 FELLOWSHIP OF THE PARKS Mayor Tate declared the public hearing open. Planner Triplett reported that Special Use Application SU10-08 had been filed by Fellowship of the Parks requesting a special use permit for a church in a non-residential zoning district. The subject property is located at 1901 Hall-Johnson Road and is zoned "PCD" Planned Commerce Development District. The site will consist of a multi-phase development with the first phase consisting of approximately 22,324 square feet of new construction including a worship facility seating 400 persons and providing 189 parking spaces. The next phase includes additional seating for 300 for a total of 700 persons within the worship facility and an additional 79 parking spaces added to accommodate the additional seating, for a total 268 parking spaces. One seven foot, 92-square foot monument sign is proposed along Hall-Johnson Road. Mr. Gaylen Laing requested favorable consideration of the application. He noted the second phase of construction would be making a second story within the footprint of the first phase construction. City Council and Commission discussion ensued regarding the fencing of the proposed detention pond adjacent to Hall-Johnson Road, monitoring the ingress/egress of traffic to the site and monitoring any overflow parking in the adjacent neighborhoods. Mayor Tate invited guests present to comment regarding the application. 3 10/19/10 The following spoke regarding the application: Ms. Karen Wilson, 6889 Old Mill Road, North Richland Hills, spoke on behalf of Ms. Tanya Wetherell,4333 Crestwood Court,expressing concern about overflow parking in residential areas during church events and concern that the tree buffer remain in tact. Mr. Ken Davis, 4345 Crestwood Court, spoke on behalf of the Crestwood Hollow Home Owners Association, expressing concerns regarding overflow parking in neighborhoods and the flow of traffic for church functions. Mr. Dave Walker, Senior Pastor of Fellowship of the Parks - Keller, stated the church will have two Sunday morning services,youth services on Wednesday night and that the adult education meets in individual's homes. He stated that the church would manage and monitor the traffic and not be parking in residential areas. City Secretary Huff reported the Council and Commission had been copied the one letter of support. Commissioner Wilson, seconded by Commissioner Fry, offered a motion to close the public hearing. The motion prevailed by the following vote: F Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Tiggelaar& E. Martin Nays: None Absent: G. Martin Council Member Freed, seconded by Council Member Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 4. PUBLIC HEARING, HISTORIC LANDMARK SUBDISTRICT HL10-10 HAL AND PATSY HEITZ, CLAUDIA ANDREWS MILLICAN PERLICK HOUSE Mayor Tate declared the public hearing open. Planner Triplett reported that Historic Landmark Subdistrict HL10-10 had been filed by Hal and Patsy Heitz requesting a historic landmark subdistrict designation for property located at 530 East Worth Street and known as the Claudia Andrews Millican Perlick House. The subject property is zoned "R-7.5" Single Family District Regulations. 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 City Secretary Huff reported the Council and Commission had been copied the two letters of support. 4 10/19/10 Commissioner Fry, seconded by Commissioner Hotelling, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Tiggelaar & E. Martin Nays: None Absent: G. Martin Council Member Stewart, seconded by Council Member Lease, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 5. PUBLIC HEARING HISTORIC LANDMARK SUBDISTRICT HL10-11 HAL AND PATSY HEITZ, THE FARRINGTON HOUSE Mayor Tate declared the public hearing open. Planner Triplett reported that Historic Landmark Subdistrict HL10-11 had been filed by Hal and Patsy Heitz requesting a historic landmark subdistrict designation for property located at 508 East Worth Street and known as the Farrington House. The subject property is zoned "R-7.5" Single Family District Regulations. 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 City Secretary Huff reported the Council and Commission had been copied the two letters of support. Commissioner Hotelling, seconded by Commissioner E. Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Tiggelaar & E. Martin Nays: None Absent: G. Martin Mayor Pro Tern Wilbanks, seconded by Council Member Coy,offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 6. PUBLIC HEARING AMENDMENTS GRAPEVINE CODE OF ORDINANCES, APPENDIX D,_COMPREHENSIVE ZONING ORDINANCE NO. 82-73, AS AMENDED, SECTION 60 SIGN REGULATIONS 5 10/19/10 Mayor Tate declared the public hearing open. Development Services Director Scott Williams reviewed the proposed amendments to the Grapevine Code of Ordinances,Appendix D, Comprehensive Zoning Ordinance No. 82-73, as amended, Section 60 Sign Regulations relative to electronic message signs and elevated display areas. The amendment would allow electronic signs that change more often than every 15 seconds,with very specific conditions. Also allowed would be elevated displays not to exceed five feet for cars,trucks, vans, boats, motorcycles or similar objects for a business which has received a conditional use permit from City Council to allow such uses. 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 Fry, seconded by Commissioner Tiggelaar, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Tiggelaar & E. Martin Nays: None Absent: G. Martin Council Member Stewart, seconded by Council Member Lease, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy 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. _TEMPORARY USE PERMIT, CARSON & BARNES CIRCUS Development Services Director Williams advised that a Temporary Use Permit had been filed by Carson & Barnes Circus that would be located at 3000 Grapevine Mills Parkway on November 5 - 7, 2010. Motion by Council Member Freed, seconded by Council Member Coy, to approve the temporary use permit as recommended prevailed by the following vote: 6 10/19/10 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 8. ORDINANCE AMEND CHAPTER 20 STREETS SIDEWALKSAND OTHER PUBLIC WAYS, SECTION 20-13.1 POLITICAL SIGNS Development Services Director Williams recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 20 Streets, Sidewalks and Other Public Ways, Section 20-13.1 to allow political signs to be placed in the public right of way only to coincide with early voting. .Motion by Council Member Coy, seconded by Council Member Spencer, to approve the ordinance as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2010-57 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS,AMENDING THE GRAPEVINE CODE OF ORDINANCES CHAPTER 20 STREETS, SIDEWALKS AND OTHER PUBLIC WAYS, SECTION 20-13.1 SIGNS ON RIGHTS-OF-WAY, REPEALING CONFLICTING ORDINANCES PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000:00) FOR EACH SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; 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 9. Resolution Renew Software Maintenance A reement SirsiD nix Inc. Library Director recommended approval of a resolution authorizing the renewal of a Software Maintenance Agreement with SirsiDynix., Inc. in an amount not to exceed $20,433.15 for the Library Information System. Motion by Council Member Spencer, seconded by Council Member Stewart,to approve as recommended prevailed by the following vote: 7 10/19/10 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2010-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO THE PURCHASE OF A MAINTENANCE AGREEMENT; DETERMINING THAT THE MAINTENANCE IS AVAILABLE FROM ONLY ONE SOURCE AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS AND DOCUMENTS AND PROVIDING AN EFFECTIVE DATE Item 10. Renew Book Service Annual Contract Library Director recommended approval of the renewal of the Book Service Annual Contract in the amount of$19,163.00 to Brodart McNaughton Book Service. Motion by Council Member Spencer, seconded by Council Member Stewart,to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 11. Approve Maintenance Agreement, SHI Government Solutions Inc. Assistant City Manager recommended approval of a Maintenance Agreement with SHI Government Solutions, Inc. in an amount not to exceed $39,156.43 covering Groupwise and Network Software. Motion by Council Member Spencer, seconded by Council Member Stewart,to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 12. Consideration of Minutes City Secretary recommended approval of the minutes of the October 5, 2010 City Council meetings as published. Motion by Council Member Spencer, seconded by Council Member Stewart,to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 10/19/10 RECESS AND RECONVENE Mayor Tate announced the City Council would take a brief recess. Upon reconvening in the City Council Chambers, all members of the City Council were present. ITEM 13. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU10-23 CORK IT Chairman Larry Oliver reported the Planning &Zoning Commission voted 7-0 for approval of Conditional Use Application CU 10-23 filed by Cork It granting a conditional use permit to amend the site plan approved by Ordinance No. 2007-57 for vinyl drop curtains on the outdoor patio located at 909 South Main Street. The subject property is zoned "MXU" Mixed Use 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, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2010-58 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 CU10-23 AMENDING THE SITE PLAN APPROVED BY ORDINANCE. NO. 2007-57 FOR VINYL DROP CURTAINS ON THE OUTDOOR PATIOS IN CONJUNCTION WITH A RESTAURANT IN A DISTRICT ZONED "MXU" MIXED USE 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 9 10/19/10 ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 14. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU10-24 FREEMAN BUICKIGMC Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU10-24 filed by Freeman Buick/GMC granting a conditional use permit to amend the site plan approved by Ordinance No. 99-39 for a 40-foot pole sign on property located at 501 West State Highway 114. The subject property is zoned "CC" Community Commercial District Regulations. Mayor Pro Tern Wilbanks, seconded by Council Member Lease,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, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2010-59 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 CU10-24 AMENDING THE SITE PLAN APPROVED BY ORDINANCE NO. 99-39 FOR A FORTY FOOT POLE SIGN 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 10 10/19/10 ITEM 15. PLANNING & ZONING COMMISSION RECOMMENDATION SPECIAL USE APPLICATION SU10-08 FELLOWSHIP OF THE PARKS Chairman Oliver reported the Planning & Zoning Commission voted 5-2 for approval of Special Use Application SU10-08 filed by Fellowship of the Parks granting a special use permit for a church in a non-residential zoning district. The subject property is located at 1901 Hall-Johnson Road and is zoned "PCD" Planned Commerce Development District. Council Member Coy, seconded by Council Member Lease, offered a motion to accept the Commission's recommendation and approve the ordinance granting the special use permit. There was no vote taken as the Council discussed with City Staff fencing of the proposed detention pond along Hall-Johnson Road. Following discussion, Council Member Freed, seconded by Mayor Pro Tem Wilbanks, offered a motion that if a detention pond is required, it shall be secured with a fence in accordance with the City of Grapevine ordinances regulating swimming pool fences. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2010-60 AN ORDINANCE ISSUING A SPECIAL USE PERMIT IN ACCORDANCE WITH SECTION 49 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE BY GRANTING SPECIAL USE PERMIT SU10-08 FOR A CHURCH IN A DISTRICT ZONED "PCD" PLANNED COMMERCE DEVELOPMENT DISTRICT UNDER CITY OF GRAPEVINE ORDINANCE NO. 82-73ALL 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, MORALSAND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS SPECIAL 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; 11 10/19/10 DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 16. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1 BLOCK 1 FELLOWSHIP OF THE PARKS ADDITION Chairman Oliver reported that the Planning&Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1, Block 1, Fellowship of the Parks Addition. The 4.348 acre property is located south of Hall-Johnson Road and west of Crestwood Court. The subject property is zoned "PCD" Planned Commerce Development District. Council Member Stewart, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 1, Block 1, Fellowship of the Parks Addition. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 17. PLANNING & ZONING COMMISSION RECOMMENDATION HISTORIC LANDMARK SUBDISTRICT HL10-10 HEITZ — CLAUDIA ANDREWS MILLICAN PERLICK HOUSE Chairman Oliver reported that the Planning &Zoning Commission voted 7-0 for approval of Historic Landmark Subdistrict HL10-10 filed by Hal and Patsy Heitz granting a historic landmark subdistrict designation for property located at 530 East Worth Street and known. as the Claudia Andrews Millican Perlick House. The subject property is zoned "R-7.5" Single Family District Regulations. Council Member Spencer, seconded by Mayor Pro Tern Wilbanks, 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: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays None ORDINANCE NO. 2010-61 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DESIGNATING A HISTORIC LANDMARK SUBDISTICT HL10-10 IN ACCORDANCE WITH SECTION 39 OF ORDINANCE NO. 82-73,APPENDIX"D"OF THE GRAPEVINE CODE OF ORDINANCES, DESIGNATING THE AREA LEGALLY DESCRIBED AS LOT 8, BLOCK 110, COLLEGE HEIGHTS ADDITION, ESTHER MOORE SURVEY AND MORE SPECIFICALLY DESCRIBED HEREIN, IN A 12 10/19/10 DISTRICT ZONED "R-7.5" SINGLE FAMILY DISTRICT REGULATIONS; PROVIDING FOR THE ADOPTION OF THE CLAUDIA ANDREWS MILLICAN PERLICK HOUSE 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 18. PLANNING & ZONING COMMISSION RECOMMENDATION HISTORIC LANDMARK SUBDISTRICT HL10-11 HEITZ — FARRINGTON HOUSE Chairman Oliver reported that the Planning &Zoning Commission voted 7-0 for approval of Historic Landmark Subdistrict HL10-11 filed by Hal and Patsy Heitz granting a historic landmark subdistrict designation for property located at 508 East Worth Street and.known as the Farrington House. The subject property is zoned "R-7.5" Single Family District Regulations. Mayor Pro Tern Wilbanks, seconded by Council Member Lease,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: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2010-62 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DESIGNATING A HISTORIC LANDMARK SUBDISTlCT HL10-11 IN ACCORDANCE WITH SECTION 39 OF ORDINANCE NO. 82-73,APPENDIX"D"OF THE GRAPEVINE CODE OF ORDINANCES, DESIGNATING THE AREA LEGALLY DESCRIBED AS THE EAST 37 1/2' OF LOT 2 AND WEST 32 112' OF LOT 3, BLOCK 110, COLLEGE HEIGHTS ADDITION, ESTHER MOORE SURVEY AND MORE SPECIFICALLY DESCRIBED HEREIN, IN A DISTRICT ZONED "R-7.5"SINGLE FAMILY DISTRICT REGULATIONS; PROVIDING FOR THE ADOPTION OF THE FARRINGTON 13 10/19/10 HOUSE 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 19. PLANNING & ZONING COMMISSION RECOMMENDATION AMENDMENTS, APPENDIX D, COMPREHENSIVE ZONING ORDINANCE NO. 82-73, AS AMENDED, SECTION 60 SIGN REGULATIONS Chairman Oliver reported that the Planning &Zoning Commission voted 6-1 for approval of the amendments to the Grapevine Code of Ordinances, Appendix D, Comprehensive Zoning Ordinance No. 82-73, as amended, Section 60 Sign Regulations relative to electronic message signs and elevated display areas. Council Member Freed, seconded by Council Member Lease, offered a motion to accept the Commission's recommendation and approve the ordinance. The motion prevailed by the following vote: Ayes: Tate, Wllbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2010-63 AN ORDINANCE OF THE CITY COUNCIL 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 BYAMENDING SECTION 60,SIGN REGULATIONS RELATIVE TO ELECTRONIC MESSAGE SIGNS AND ELEVATED DISPLAY AREAS 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 14 10/19/10 ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Lease, offered a motion to adjourn the meeting at 9:08 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 2nd day of November, 2010. APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary 15