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HomeMy WebLinkAbout2005-02-15 Joint Meeting AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, FEBRUARY 15, 2005 AT 6:30 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET DINNER AT 6:30 P.M. CALL TO ORDER EXECUTIVE SESSION 1. City Council to conduct a closed session relative to: A. Real property relative to Scribner Street pursuant to Section 551.072, 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 real property and conference with employees under Sections 551.072 and 551.087, Texas Government Code. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at (817)410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Special City Council Meeting Agenda was prepared and pasted on this the 11th day of February, 2005 at 5:00 p.m. Lind Huff City Secretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Special Session (Executive Session) on this the 15th day of February, 2005 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 Tem Sharron Spencer Council Member C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with the following members of the City Staff: Roger Nelson City Manager Bruno Rumbelow Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate cal=ed the meeting to order at 6:37 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 pursuant to Section 551.072, Texas Government Code; 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 pursuant to Section 551.087, Texas Government Code. RECESS AND RECONVENE Mayor Tate announced the City Council would recess the Executive Session to conduct the Joint City Council and Planning & Zoning Commission meeting. Upon reconvening in the Council Chambers, all members of the City Council were present. 02/15/05 At the conclusion of the Joint Public Hearings, Mayor Tate announced the City Council 4x would continue with the Executive Session in the Council Conference Room, pursuant to Sections 551.072 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. 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 9:35 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 1st day of March, 2005. APPROVED: William D. Tate Mayor ATTEST: Lind. Huff City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL PLANNING & ZONING COMMISSION MEETING TUESDAY, FEBRUARY 15, 2005 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER INVOCATION: Commissioner Chris Coy JOINT PUBLIC HEARINGS 1. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU05-03 filed by Woodland Office Building requesting a conditional use permit for an owner or caretaker residence within a professional office building. The subject property is located at 4400 State Highway 360 and is zoned "PCD" Planned Commerce Development District. 2. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU05-04 filed by The Towers of Grapevine requesting a conditional use permit to amend the site plan approved by Ordinance No. 2002-78 to renovate the existing structure for future restaurant/retail uses. The subject property is located at 1301 William D. Tate Avenue and is zoned "HC" Highway Commercial District. 3. City Council and Planning & Zoning Commission to conduct a public hearing relative to applications filed by Midnight Rodeo for Conditional Use Application CU05-05, Special Use Application SU05-01 and application for the final plat of Lots 1R, 5 and 6, Block A, Grapevine Vineyard being a replat of Lot 1, Block A, Grapevine Vineyard. The conditional use application requests a conditional use permit to amend the site plan approved by Ordinance No. 2004-66 for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant/dance club. The special use application requests a special use permit for six pool tables. The subject property is located at 2900 Grapevine Mills Parkway and is zoned "CC" Community Commercial District Regulations. 4. City Council and Planning & Zoning Commission to conduct a public hearing relative to Historic Landmark Subdistrict Application HL04-04 filed by Mr. Phillip McCasland for property located at 107 West Dallas Road and zoned "PO" Professional Office District Regulations. The Historic Preservation Commission has established preservation criteria for the proposed district. 5. City Council and Planning & Zoning Commission to conduct a public hearing relative to proposed amendments to the Grapevine Code of Ordinances, Appendix D, Comprehensive Zoning Ordinance No. 82-73, as amended, Section 24 "CN" Neighborhood Commercial District Regulations, Section 25 "CC" Community Commercial District Regulations and Section 26 "HC" Highway Commercial District relative to permanent outside display and sales of merchandise; and Section 42 Supplementary District Regulations relative to temporary outside display and sales of merchandise including food sales. 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 11th day of February, 2005 at 5:00 p.m. Lin a Huff City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, FEBRUARY 15, 2005 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CITIZEN COMMENTS PUBLIC HEARING 6. City Council to conduct a public hearing relative to the proposed 31st Year Community Development Block Grant (CDBG) Program and take any necessary action. NEW BUSINESS 7. Consider approval of the concept plan of the fountain at the Botanical Gardens at Heritage Park and take any necessary action. 8. Consider modifications to the Professional Photography Fees and Policies at the Botanical Gardens and take any necessary action. 9. Consider award of Bid 205-2005 Oak Grove Hike and Bike Trail Project and take any necessary action. 10. Consider approval of revisions to the Administrative Policy, Section D Motor Vehicles and take any necessary action. 11. Consider a resolution supporting the Texas Recreation and Parks Account 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. 12. Consider a resolution authorizing the purchase of two heavy vehicle mobile lift system units through an existing Interlocal Agreement with the Texas Local Government Purchasing Cooperative. Public Works Director recommends approval. 13. Consider approval of a change order for the Big Bear Creek Trail Project with Terra- Mar Inc. for geo-technical services. Parks & Recreation Director recommend approval. 14. Consider award of a contract to Paradigm Traffic Systems for the purchase of a video detection system for the Traffic Department. Public Works Director recommends approval. 15. Consider the minutes of the February 1, 2005 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 16. Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z04-04 (James Green Family Partnership) and second and final reading of an ordinance, if applicable. (The subject property is located at 107 West Dallas Road and the request is to rezone 0.57 acres from "PO" Professional Office District Regulations to "CBD" Central Business District. The first reading of the ordinance was approved at the July 20, 2004 City Council meeting.) 17. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU05-03 (Woodland Office Building) and a subsequent ordinance, if applicable. 18. Consider the recommendation of the Planning & Zoning Commission relative to the preliminary plat of Lot 1, Block 1, Three Sixty Horizon Addition and take any necessary action. 19. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lot 1, Block 1, Three Sixty Horizon Addition and take any necessary action. 20. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU05-04 (The Towers of Grapevine) and a subsequent ordinance, if applicable. 21. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU05-05 (Midnight Rodeo) and a subsequent ordinance, if applicable. 22. Consider the recommendation of the Planning & Zoning Commission relative to Special Use Permit SU05-01 (Midnight Rodeo) and a subsequent ordinance, if applicable. 23. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lots 1R, 5 and 6, Block A, Grapevine Vineyard and take any necessary action. 24. Consider the recommendation of the Planning & Zoning Commission relative to Historic Landmark Subdistrict HL04-04 (West Dallas Road Building) and a subsequent ordinance, if applicable. 25. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lot 1, Block 1, Wommack Addition and take any necessary action. 26. Consider the recommendation of the Planning & Zoning Commission relative to proposed amendments to the Grapevine Code of Ordinances, Appendix D, Comprehensive Zoning Ordinance No. 82-73, as amended, Section 24 "CN" Neighborhood Commercial District Regulations, Section 25 "CC" Community Commercial District Regulations, Section 26 "HC" Highway Commercial District and Section 42 Supplementary District Regulations and a subsequent ordinance, if applicable. 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 11th day of February, 2005 at 5:00 p.m. Lin a Huff City Secretary AGENDA CITY OF GRAPEVINE SPECIAL BRIEFING SESSION PLANNING & ZONING COMMISSION TUESDAY, FEBRUARY 15, 2005 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 15, 2005 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 11th day of February, 2005 at 5:00 p.m. 4n LiHuff City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, FEBRUARY 15, 2005 AT 7:30 P.M. PLANNING & ZONING COMMISSION CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET OLD BUSINESS 1. Consider Zoning Application Z04-04 filed by James Green Family Partnership and make a recommendation to the City Council. (The subject property is located at 107 West Dallas Road and the request is to rezone 0.57 acres from "PO" Professional Office District Regulations to "CBD" Central Business District. The case was approved on the first reading at the July 20, 2004 with the deed restriction requiring that a Certificate of Appropriateness be issued from the Historic Preservation Commission and then forwarded to the City Council for final approval and that consideration be given in those processes as to double frontage along Main Street and Dallas Road with the structure.) NEW BUSINESS 2. Consider Conditional Use Application CU05-03 (Woodland Office Building) and make a recommendation to the City Council. 3. Consider the preliminary plat of Lot 1, Block 1, Three Sixty Horizon Addition and make a recommendation to the City Council. 4. Consider the final plat of Lot 1, Block 1, Three Sixty Horizon Addition and make a recommendation to the City Council. 5. Consider Conditional Use Application CU05-04 (The Towers of Grapevine) and make a recommendation to the City Council. 6. Consider Conditional Use Application CU05-05 (Midnight Rodeo) and make a recommendation to the City Council. 7. Consider Special Use Permit SU05-01 (Midnight Rodeo) and make a recommendation to the City Council. 8. Consider the final plat of Lots 1 R, 5 and 6, Block A, Grapevine Vineyard and make a recommendation to the City Council. 9. Consider Historic Landmark Subdistrict HL04-04 (West Dallas Road Building) and make a recommendation to the City Council. 10. Consider the final plat of Lot 1, Block 1, Wommack Addition and make a recommendation to the City Council. 11. Consider proposed amendments to the Grapevine Code of Ordinance, Appendix D, Comprehensive Zoning Ordinance No. 82-73, as amended, Section 24 "CN" Neighborhood Commercial District Regulations, Section 25 "CC" Community Commercial District Regulations, Section 26 "HC" Highway Commercial District and Section 42 Supplementary District Regulations and make a recommendation to the City Council. CONSIDERATION OF MINUTES 12. Consider the minutes of the January 18 and 25, 2005 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 11th day of February, 2005 at 5:00 p.m. Lin a Huff City Secretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council and the Planning & Zoning Commission of the City of Grapevine, Texas met in Regular Joint Session on this the 15th day of February, 2005 at 7:30 p.m. in the City Council Chambers, Second Floor, 200 South Main Street, with the following members of the City Council present to-wit: William D. Tate Mayor Ted R. Ware Mayor Pro Tem Sharron Spencer Council Member C. Shane Wilbanks Council Member Clydene Johnson Council Member 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 . :F Rob Undersander Member Becky St. John Member Mark Lowery Alternate constituting a quorum, with Alternate Commissioner 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, CONDITIONAL USE APPLICATION CU05-03 WOODLAND OFFICE BUILDING 02/15/05 Mayor Tate declared the public hearing open. Planner Ron Stombaugh reported Conditional Use Application CU05-03 had been filed by Woodland Office Building requesting a conditional use permit for an owner or caretaker residence within a professional office building. The subject property is located at 4400 State Highway 360 and is zoned "PCD" Planned Commerce Development District. The applicant proposes a two-story office building with a sub-grade basement comprising 27,150 square feet. The basement level (6,850 square feet) will primarily be used for private parking. The first floor (13,050 square feet) will be office space, with the second floor (7,250 square feet) as the private residence for the building owner. Mr. Phil Baker requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak. City Secretary Huff reported the Council and Commission were copied the one letter of protest and the one letter of approval for the application. Commissioner Wilson, seconded by Commissioner Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander & 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 2. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU05-04 THE TOWERS OF GRAPEVINE Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application CU05-04 had been filed by The Towers of Grapevine requesting a conditional use permit to amend the site plan approved by Ordinance No. 2002-78 to renovate the existing structure for future restaurant/retail uses. The subject property is located at 1301 William D. Tate Avenue and is zoned "HC" Highway Commercial District. The pylon signs at State Highway 114 and William D. Tate Avenue will be removed and replaced with monument signs. A portion of the existing structure will be removed to provide space for extensive landscaping and a water feature. Mr. John Evans requested favorable consideration of the application. 2 02/15/05 There were questions regarding modifications to the drive entrance off William D. Tate Avenue. Mr. Evans responded the median would be removed and the sign moved to the north side of the drive. 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 Fry, 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 Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 3. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU05-05 SPECIAL USE APPLICATION SU05-01 FINAL PLAT LOTS 1R, 5 AND 6, BLOCK A, GRAPEVINE, REPLAT OF LOT 1, BLOCK A, GRAPEVINE VINEYARD Mayor Tate declared the public hearing open. Planner Stombaugh reported that applications had been filed by Midnight Rodeo for Conditional Use Application CU05-05, Special Use Application SU05-01 and application for the final plat of Lots 1R, 5 and 6, Block A, Grapevine Vineyard being a replat of Lot 1, Block A, Grapevine Vineyard. The conditional use application requests a conditional use permit to amend the site plan approved by Ordinance No. 2004-66 for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant/dance club. The special use application requests a special use permit for six pool tables. The subject property is located at 2900 Grapevine Mills Parkway and is zoned "CC" Community Commercial District Regulations. The applicant proposes a 30,805 square foot dance club and restaurant (Midnight Rodeo/Hondo's Grill) that will seat 949 patrons (219 customers in Hondo's Grill and 730 in Midnight Rodeo dance club). An additional 6,900 square foot retail structure is proposed along the south side of Midnight Rodeo. Mr. Rick Wylie and Mr. Jeff Lewis requested favorable consideration of the application. Discussion ensued relative to the building elevations and their appearance from the highway. Mr. Lewis responded that the proposed artwork on the building would make the facility inviting to guests. Hours of operation were questioned. Mr. Lewis responded that Hondo's Grill would be open 7 days a week from 11 a.m. to midnight Sunday through 3 02/15/05 Tuesday and 11 a.m. to 2 a.m. Wednesday through Saturday. Midnight Rodeo would be open Wednesday, Thursday and Saturday from 7 p.m. to 2 a.m. and on Fridays from 5 p.m. to 2 a.m. He stated a buffet or full meal would be available for customers during the dance club hours. Mr. Lewis stated the minimum age for Midnight Rodeo was 21 and older unless there was a special event scheduled. 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. Commissioner St. John, seconded by Commissioner Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander & St. John Nays: None Council Member Wilbanks, 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, HISTORIC LANDMARK APPLICATION HL04-04 DALLAS ROAD BUILDING Mayor Tate declared the public hearing open. Planner Stombaugh reported Historic Landmark Subdistrict Application HL04-04 had been filed by Mr. Phillip McCasland for property located at 107 West Dallas Road and zoned "PO" Professional Office District Regulations. The Historic Preservation Commission has established preservation criteria for the proposed district that addresses setbacks, driveways, parking, exterior finishes and other architectural embellishments to preserve the historic integrity of the property. Mr. Stombaugh advised this is the same property in Z04-04 that is being considered on second reading tonight. Mr. Bob Ritchie requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Murray, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: 02/15/05 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 ITEM 5. PUBLIC HEARING, AMEND GRAPEVINE CODE OF ORDINANCES, APPENDIX D, COMPREHENSIVE ZONING ORDINANCE NO. 82-73, AS AMENDED, SECTION 24 "CN" NEIGHBORHOOD COMMERCAIL DISTRICT REGULATIONS, SECTION 25 "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS AND SECTION 26 "HC" HIGHWAY COMMERCIAL DISTRICT AND SECTION 42 SUPPLEMENTARY DISTRICT REGULATIONS Mayor Tate declared the public hearing open. Planner Stombaugh reviewed the proposed amendments to the Grapevine Code of Ordinances, Appendix D, Comprehensive Zoning Ordinance No. 82-73, as amended, Section 24 "CN" Neighborhood Commercial District Regulations, Section 25 "CC" Community Commercial District Regulations and Section 26 "HC" Highway Commercial District relative to permanent outside display and sales of merchandise; and Section 42 Supplementary District Regulations relative to temporary outside display and sales of merchandise including food sales. 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 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 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 5 02/15/05 Mayor Tate announced the Planning & Zoning Commission would recess to the Planning & Zoning Conference Room to consider published business. EXECUTIVE SESSION Mayor Tate announced the City Council would reconvene the Executive Session in the Council Conference Room regarding: (A) real property relative to Scribner Street pursuant to Section 551.072, Texas Government Code; 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 pursuant to Section 551.087, Texas Government Code. Reference Executive Session minutes of February 15, 2005 for action taken as a result of the closed session. RECONVENE Upon reconvening in the City Council Chambers, all members of the City Council were present. The next items of business discussed were Items 16 through 26. ITEM 6. PUBLIC HEARING, 31ST YEAR COMMUNITY DEVELOPMENT BLOCK GRAND (CDBG) This item was discussed after Item 26. Mayor Tate declared the public hearing open. Public Works Director Matt Singleton reviewed the scope of the proposed 31st Year Community Development Block Grant (CDBG) Program which is the replacement of an existing eight inch cast iron pipe water line with an eight inch PVC line in Eckley Street between Wall Street and Walnut Street. The City is proposing a total contribution of funds in an amount not to exceed $26,640.00 for the project which comprises 20% of the project budget. These improvements will contribute to the upgrade of the area by providing an improved water supply system and fire protection. Mayor Tate invited guests present to comment regarding the program. No one wished to speak and there was no correspondence to report. Mayor Pro Tem Ware, seconded by Council Member Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: 6 02/15/05 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to authorize Staff to proceed with the submittal to Tarrant County. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 7. CONCEPT PLAN, FOUNTAIN AT BOTANICAL GARDENS AT HERITAGE PARK Parks Superintendent Kevin Mitchell recommended approval of the concept plan of the fountain at the Botanical Gardens at Heritage Park and authorization for the installation of safety grating in the fountain in the amount of $10,000.00. The proposal including the safety grating addresses the concerns expressed by the Council regarding the 20" depth of the water in the fountain. The safety grating allows a 3" water depth in the fountain. Motion by Council Member Wilbanks, seconded by Council Member Spencer, to approve the concept plan as recommended including $10,000.00 for the safety grating prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 8. MODIFY PROFESSIONAL PHOTOGRAPHY FEES AND POLICIES Recreation Superintendent Chris Smith recommended approval of revisions to the Professional Photography Fees and Policies at the Botanical Gardens to reflect $50 per hour for Grapevine residents/businesses and $75 per hour for non-Grapevine businesses. He reviewed proposed amendments to the photographer contract regarding photo shoot areas, number of photographers allowed in the Gardens at one time and increasing the length of time for photographer's sessions in the Gardens. Mr. Smith stated the fee increase was to control the number of photo shoots in the park and to help with the expense of monitoring the upkeep of the Gardens. Mayor Tate stated that he doesn't want additional regulations at the Botanical Gardens. The general consensus of the Council was that the monitoring of the number of photographers and increased fees would assist with the cost maintenance for the park. Motion by Council Member Freed, seconded by Mayor Pro Tern Ware, to approve as recommended prevailed by the following vote: 7 02/15/05 Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: Tate ITEM 9. AWARD BID 205-2005 OAK GROVE HIKE AND BIKE TRAIL PROJECT Parks & Recreation Director Doug Evans requested approval of the award of Bid 205-2005 Oak Grove Hike and Bike Trail Project to Ken-Do Contracting in the amount of $776,588.75 for the construction of a ten foot wide 1.3 mile concrete trail. The trail will link the C. Shane Wilbanks Trail at the Oak Grove Soccer Complex to the new Dove Loop Trail. Motion by Council Member Freed, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 10. REVISE ADMINISTRATIVE POLICY, SECTION D MOTOR VEHICLES City Manager Roger Nelson reviewed the revisions to the Administrative Policy, Section D Motor Vehicles relative to Take Home Vehicles, Risk Management, Fleet Operational Procedures, Fleet Replacement Procedures and Safety Belt Usage. Mr. Nelson recommended that any future additions, changes, corrections and/or deletions to the Administrative Policy regarding City motor vehicles and equipment be made at the City Manager's discretion. 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 11. RESOLUTION, SUPPORTING TEXAS RECREATION PARKS ACCOUNT Parks & Recreation Director Evans recommended approval of a resolution supporting the Texas Recreation and Parks Account. The resolution requests that members of the 79th Legislature restore the funding for the Texas Recreation and Parks Account to its original level prior to the 78th Legislature. The grant program is for parkland acquisition and development and for the development of recreational facilities administered by the Texas Parks & Wildlife Department. Motion by Council Member Johnson, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None 8 02/15/05 RESOLUTION NO. 2005-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, REQUESTING THE MEMBERS OF THE 79TH LEGISLATIVE SESSION OF THE STATE OF TEXAS SUPPORT THE TEXAS RECREATION AND PARKS ACCOUNT 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 12. Resolution, Authorize Purchase of Heavy Vehicle Mobile Lift System Units, Texas Local Government Purchasing Cooperative Public Works Director recommended approval of a resolution authorizing the purchase of two heavy vehicle mobile lift system units through an existing Interlocal Agreement with the Texas Local Government Purchasing Cooperative in an amount not to exceed $98,162.00. Motion by Council Member Spencer, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2005-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNATE TO PURCHASE TWO MOBILE LIFT SYSTEM UNITS THROUGH AN ESTABLISHED INTERLOCAL AGREEMENT WITH THE TEXAS LOCAL GOVERNMENT COOPERATIVE AND PROVIDING AN EFFECTIVE DATE Item 13. Approve Change Order, Biq Bear Creek Trail Project, Terra-Mar Inc. Parks & Recreation Director recommended approval of a change order in the amount of $8,170.00 for the Big Bear Creek Trail Project with Terra-Mar Inc. for geo-technical services. Motion by Council Member Spencer, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: 9 02/15/05 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 14. Award Contract, Purchase Video Detection System, Traffic Department Public Works Director recommended approval of the award of a contract to Paradigm Traffic Systems for the purchase of a video detection system in the amount of$15,645.00 to be installed in conjunction with the Dove Loop Road project. Motion by Council Member Spencer, seconded by Council Member Wilbanks, 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 February 1, 2005 City Council meetings as published. Motion by Council Member Spencer, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None The following items were discussed after Item 5 and the Executive Session. ITEM 16. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z04-04 JAMES GREEN FAMILY PARTNERSHIP Commissioner Rob Undersander reported the Commission voted 7-0 for approval of Zoning Application Z04-04 filed by the James Green Family Partnership granting rezoning of 0.57 acres from "PO" Professional Office District Regulations to "CBD" Central Business District. The subject property is located at 107 West Dallas Road. The first reading of the ordinance was approved at the July 20, 2004 City Council meeting with the deed restriction requiring that a Certificate of Appropriateness be issued from the Historic Preservation Commission and then forwarded to the City Council for final approval and that consideration be given in those processes as to double frontage along Main Street and Dallas Road with the structure. Council Member Wilbanks, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation and approve the second reading of the ordinance with the deed restriction and granting the rezoning. The motion prevailed by the following vote: 10 02/15/05 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2005-08 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 Z04-04 ON A TRACT OF LAND OUT OF THE WILLIAM DOOLEY SURVEY, ABSTRACT NO. 422, 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 "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS TO "CBD" CENTRAL BUSINESS DISTRICT; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES AND PROVIDING AN EFFECTIVE DATE ITEM 17. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU05-03 WOODLAND OFFICE BUILDING Commissioner Undersander reported the Commission voted 7-0 for approval of Conditional Use Application CU05-03 filed by Woodland Office Building granting a conditional use permit for an owner or caretaker residence within a professional office building. The subject property is located at 4400 State Highway 360 and is zoned "PCD" Planned Commerce Development District. 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 11 02/15/05 ORDINANCE NO. 2005-09 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 CU05-03 FOR AN OWNER OR CARETAKER RESIDENCE WITHIN A PROFESSIONAL OFFICE BUILDING, IN A DISTRICT ZONED "PCD" PLANNED COMMERCE DEVELOPMENT DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 18. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT LOT 1, BLOCK 1, THREE SIXTY HORIZON ADDITION Commissioner Undersander reported the Commission voted 7-0 for approval of the Statement of Findings and the preliminary plat of Lot 1, Block 1, Three Sixty Horizon Addition. The 3.5 acre property located south of Hughes Road between Grapevine-Euless Road and State Highway 360 is being platted for a professional office building and a single family residence on the second level. Council Member Stewart, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the preliminary plat of Lot 1, Block 1, Three Sixty Horizon Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None 12 02/15/05 ITEM 19. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1 BLOCK 1, THREE SIXTY HORIZON ADDITION Commissioner Undersander reported the Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1, Block 1, Three Sixty Horizon Addition. The 3.5 acre property located south of Hughes Road between Grapevine-Euless Road and State Highway 360 is being platted for a professional office building and a single family residence on the second level. Council Member Freed, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation and approve the Statement of Finding and the final plat of Lot 1, Block 1, Three Sixty Horizon Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 20. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU05-04 THE TOWERS OF GRAPEVINE Commissioner Undersander reported the Commission voted 7-0 for approval of Conditional Use Application CU05-04 filed by The Towers of Grapevine granting a conditional use permit to amend the site plan approved by Ordinance No. 2002-78 to renovate the existing structure for future restaurant/retail uses. The property is located at 1301 William D. Tate Avenue and is zoned "HC" Highway Commercial District. Council Member Stewart, seconded by Mayor Pro Tern 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. 2005-10 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 CU05-04 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2002-78 TO RENOVATE THE EXISTING STRUCTURE FOR RESTAURANT/RETAIL USES IN A DISTRICT ZONED "HC" HIGHWAY COMMERCIAL DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL 13 02/15/05 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 21. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU05-05 MIDNIGHT RODEO Commissioner Undersander reported the Commission voted 7-0 for approval of Conditional Use Application CU05-05 filed by Midnight Rodeo with the condition that the southern and eastern elevations for buildings 3 and 4 be approved by the Site Plan Review Committee. The conditional use application amends the site plan approved by Ordinance No. 2004-66 for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant/dance club located at 2900 Grapevine Mills Parkway. Council Member Spencer, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation with the condition 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. 2005-11 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 CU05-05 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2004-66 FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) IN CONJUNCTION WITH A RESTAURANT/DANCE CLUB IN A ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A 14 02/15/05 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 22. PLANNING & ZONING COMMISSION RECOMMENDATION SPECIAL USE PERMIT SU05-01 MIDNIGHT RODEO Commissioner Undersander reported the Commission voted 7-0 for approval of Special Use Permit SU05-01 filed by Midnight Rodeo granting a special use permit for six pool tables in conjunction with a restaurant/dance club. The subject property is located at 2900 Grapevine Mills Parkway. Council Member Johnson, seconded by Council Member Wilbanks, offered a motion to accept the Commission's recommendation and approve the ordinance granting the special use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2005-12 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 SU05-01 FOR SIX POOL TABLES IN CONJUCTION WITH A RESTAURANT/DANCE CLUB 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 15 02/15/05 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 FINAL PLAT LOTS 1R, 5 AND 6, BLOCK A, GRAPEVINE VINEYARD Commissioner Undersander reported the Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 1R, 5 and 6, Block A, Grapevine Vineyard. The 7.605 acre property is located on the northeast corner of Grapevine Mills Parkway (FM 2499) and State Highway 121 and is zoned "CC" Community Commercial District Regulations. Council Member Stewart, 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 Lots 1R, 5 and 6, Block A, Grapevine Vineyard. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 24. PLANNING & ZONING COMMISSION RECOMMENDATION HISTORIC LANDMARK SUBDISTRICT HL04-04 WEST DALLAS ROAD BUILDING Commissioner Undersander reported the Commission voted 7-0 for approval of Historic Landmark Subdistrict HL04-04 filed by West Dallas Road Building granting a Historic Landmark Subdistrict designation for property located at 107 West Dallas Road and the adoption of Historic District Design Guidelines. The subject property is zoned "CBD" Central Business District. Council Member Freed, seconded by Mayor Pro Tern Ware, 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, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None 16 02/15/05 ORDINANCE NO. 2005-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DESIGNATING HISTORIC LANDMARK SUBDISTRICT HL04-04 IN ACCORDINANCE WITH SECTION 39 OF ORDINANCE NO. 82-73, (APPENDIX "D" OF THE CODE OF ORDINANCES), THE COMPREHENSIVE ZONING ORDINANCE, DESIGNATING LOT 2, BLOCK 1, OLD MAIN PLACE ADDITION AND MORE SPECIFICALLY DESCRIBED HEREIN, IN A DISTRICT ZONED "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS; PROVIDING FOR THE ADOPTION OF 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 25. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1, BLOCK 1, WOMMACK ADDITION Commissioner Undersander reported the Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1, Block 1, Wommack Addition. The 0.461 acre property is located at 1362 Wall Street and is being platted for a single-family residence. Council Member Wilbanks, 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, Wommack Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 26. PLANNING & ZONING COMMISSION RECOMMENDATION AMEND GRAPEVINE CODE OF ORDINANCES, APPENDIX D, COMPREHENSIVE ZONING ORDINANCE NO. 82-73, AS AMENDED, SECTION 24 "CN" NEIGHBORHOOD COMMERCIAL DISTRICT REGULATIONS, SECTION 25 "CC" COMMUNITY COMMERCIAL 17 02/15/05 DISTRICT REGULATIONS, SECTION 26 "HC" HIGHWAY COMMERCIAL DISTRICT AND SECTION 42 SUPPLEMENTARY DISTRICT REGULATIONS Commissioner Undersander reported the Commission voted 7-0 for approval of amendments to the Grapevine Code of Ordinances, Appendix D, Comprehensive Zoning Ordinance No. 82-73, as amended, Section 24 "CN" Neighborhood Commercial District Regulations, Section 25 "CC" Community Commercial District Regulations, Section 26 "HC" Highway Commercial District relative to permanent outside display and sales of merchandise and Section 42 Supplementary District Regulations relative to temporary outside display and sales of merchandise including food sales. Council Member Johnson, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the ordinance amending the Code of Ordinances, Appendix D. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2005-14 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 24 "CN" NEIGHBORHOOD COMMERCIAL DISTRICT REGULATIONS; SECTION 25 "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS; SECTION 26 "HC" HIGHWAY COMMERCIAL DISTRICT AND SECTION 42 SUPPLEMENTARY 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 ADJOURNMENT Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 9:35 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None 18 02/15/05 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 1st day of March, 2005. APPROVED: William D. Tate Mayor ATTEST: Lind. Huff it City Secretary 19