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HomeMy WebLinkAboutItem 16 - MinutesSTEM r - l -=- 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 19th day of December, 2000 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 Bruno Rumbelow John F. Boyle, Jr. Linda Huff Melisa Leal Jennifer Hibbs CALL TO ORDER City Manager Assistant City Manager City Attorney City Secretary Assistant to the City Manager Assistant to the City Manager 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) private consultation with City Attorney to discuss (1) legal ramification of ad valorem tax structure relative to publicly owned property, Dallas/Fort Worth International Airport, and (2) Fire Station No. 5 construction contract to discuss matters that the City Attorney is obligated to confer with clients in a confidential manner in compliance with Texas Code of Professional Responsibility and to review pending or contemplated litigation relative to Fire Station No. 5 contract; (B) real property relative to (1) right-of-way on Ball Street and Wall Street and (2) discuss boundary/right-of-way agreement with the Town of Flower Mound; and (C) conference with City Manager and Staff to receive information relative to economic development prospects pursuant to Sections 551.071, 551.072 and 551.075, Texas Government Code. 12/19/00 Upon reconvening in open session in the Council Chambers, Mayor Tate asked if there was any action necessary relative to the closed session. City Manager Roger Nelson stated there was no action necessary relative to (A) private consultation with City Attorney to discuss (1) legal ramification of ad valorem tax structure relative to publicly owned property, Dallas/Fort Worth International Airport; (B) real property relative to (1) right-of-way on Ball Street and Wall Street and (C) conference with City Manager and Staff to receive information relative to economic development prospects. Regarding (A) (2) private consultation with City Attorney relative to Fire Station No. 5 construction contract, City Manager Nelson requested approval of a resolution curtailing the City's contract with AMEX Cost Consultants, Inc., effective December 13, 2000; authorization for the City Manager, or his designee, to expend up to a total amount not to exceed $100,000.00 to complete the work on Fire Station No. 5; and authorization for the City Manager or his designee to enter into an agreement for the completion of the interior work with Vandel & Overstreet, Construction, Inc. in an amount not to exceed $79,050.00. Council Member Spencer, seconded by Council Member Freed offered a motion to adopt the resolution curtailing the contract with AMEX Cost Consultants, Inc.; authorize the expenditure of up to $100,000.00 for the completion of Fire Station No. 5; and authorize an agreement with Vandel & Overstreet, Construction, Inc. in an amount not to exceed $79,050.00. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2000-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, CURTAILING AND MODIFYING ITS CONTRACT WITH AMEX COST CONSULTANTS, INC. FOR THE CONSTRUCTION OF FIRE STATION NO. 5; FINDING AND DECLARING AN EMERGENCY TO COMPLETE THE NECESSARY CONSTRUCTION WORK; AUTHORIZING EXPENDITURES FOR THE COMPLETION OF SAID WORK; AWARDING A CONTRACT AND DECLARING AN EFFECTIVE DATE Regarding (B) (2) real property relative to boundary/right-of-way agreement with the Town of Flower Mound, City Manager Nelson requested authorization for the Mayor to enter into an Interlocal and Boundary Adjustment Agreement with the Town of Flower Mound. Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to authorize the Mayor to enter into an Interlocal and Boundary Adjustment Agreement with the Town of Flower Mound. The motion prevailed by the following vote: 4 12/19/00 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None NOTE: City Council continued with the Regular City Council meeting in open session in the Council Chambers. ADJOURNMENT Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to adjourn the meeting at 10:45 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 16th day of January, 2001. ATTEST: Linda Huff City Secretary William D. Tate Mayor K 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 December, 2000 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 Ted R. Ware Sharron Spencer C. Shane Wilbanks Clydene Johnson Roy Stewart Darlene Freed Mayor Mayor Pro Tern Council Member Council Member Council Member Council Member Council Member constituting a quorum, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Herbert Fry Vice Chairman Chris Coy Member Cathy Martin Member Kevin Busbee Member Danette Murray Member Betty Nicholson Member Rob Undersander 1st Alternate Bill Bimmerman, Jr. 2nd Alternate constituting a quorum, with the following members of the City Staff: Roger Nelson Bruno Rumbelow John F. Boyle, Jr. Linda Huff Melisa Leal Jennifer Hibbs City Manager Assistant City Manager City Attorney City Secretary Assistant to the City Manager Assistant to the City Manager Mayor Tate called the meeting to order at 7:40 p.m. 111,04 AL9141T, I I w RE Commissioner Coy delivered the Invocation. 12/19/00 ITEM 1. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU00-48 PANATTONI/HILLWOOD DEVELOPMENT COMPANY Mayor Tate declared the public hearing open. Development Services Director H. T. Hardy advised Conditional Use Application C000-48 had been filed by Panattoni/Hillwood Development Company requesting a conditional use permit to amend the site plan approved by Ordinance No. 2000-16 to eliminate truck court screening walls for property located at 625 Westport Parkway. The 17.02 acre property is zoned "Ll" Light Industrial District and an internet sales only grocery warehouse was to be located at the site. Mr. Gary Fredericks requested favorable consideration of the application noting the internet sales grocery warehouse would not be a tenant and the elimination of the concrete screening wall would improve visibility if the facility were to be occupied by multiple tenants. Council and Commission discussion ensued relative to the number of possible tenants. Mr. Fredericks responded there currently were no prospective tenants for the facility, but two to five tenants were proposed to occupy the facility. Mayor Tate invited guests present to comment regarding the application. No one wished to speak. City Secretary Huff reported the Council and Commission had been copied the one letter protesting the application. Commissioner Coy, seconded by Commissioner Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Martin, Busbee, Murray & Nicholson Nays: None Council Member Freed, 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 C000-62 SPECIAL USE APPLICATION S000-18 FIRST UNITED METHODIST CHURCH FINAL PLAT LOT 1R, BLOCK 1 AND LOT 1, BLOCK 3, FIRST UNITED METHODIST CHURCH OF GRAPEVINE ADDITION, REPLAT OF LOTS 1- 3, BLOCK 1, FIRST UNITED MEHTOIDIST CHURCH OF GRAPEVINE ADDITION, LOT 1 R, BLOCK 6, ORIGINAL TOWN OF GRAPEVINE AND A PORTION OF THE A. B. ALLEN SUBDIVISION K 12/19/00 Mayor Tate declared the public hearing open. Development Services Director Hardy reported First United Methodist Church had filed the applications for Conditional Use Application C000-62, Special Use Application S000-18 and the application for the final plat of Lot 1 R, Block 1 and Lot 1, Block 3, First United Methodist Church of Grapevine Addition being a replat of Lots 1-3, Block 1, First United Methodist Church of Grapevine Addition; Lot 1 R, Block 6, Original Town of Grapevine and a portion of the A. B. Allen Subdivision. The property is located at 422 Church Street and is zoned "R-TH" Townhouse District Regulations. The conditional use application requests a conditional use permit for off-site parking within 300 feet of the primary use at 422 Church Street. The proposed lot will contain 199 parking spaces and will be located west of the existing church. The special use application requests a special use permit to allow a church to exceed the maximum height regulation established for the "R-TH" Townhouse District Regulations by 105 feet to allow a maximum building height of 140 feet. Mr. Walt Milner and Mr. Mike Sutton, representing First United Methodist Church, requested favorable consideration of the applications. Mr. Sutton reviewed the changes to the site plan that addressed the concerns of the City Council and Planning & Zoning Commission in the previously submitted case. Those were the traffic flow through the property, landscaping and tree preservation, drainage issues, relocating the steeple to the east end of the building, and granting easements on the northern portion of the property adjacent to the City's Botanical Garden. Brief discussion ensued relative to the preservation and maintenance of the two historic homes located on the Church's property. Mr. Hardy advised the preservation of the homes could be made a part of the conditional use permit. There were no questions from the City Council or the Planning & Zoning Commission. Dr. Minnie Lee Lancaster, 305 Azalea, addressed the Council and Commission expressing her support for and appreciation to the Church's building committee and the City for working together to develop a campus of beauty, heritage and a place of worship. City Secretary Huff reported there were two letters of concern regarding the applications copied to the Council and Commission. Commissioner Busbee, seconded by Commissioner Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Martin, Busbee, Murray & Nicholson 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: 3 12/19/00 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 3. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU00-64 AUTONATION Mayor Tate declared the public hearing open. Development Services Director Hardy reported Conditional Use Application CU00-64 had been filed by AutoNation requesting a conditional use permit to amend the site plan approved by Ordinance No. 2000-81 to extend the length of the building by five feet; add one additional service drive; modify the parking layout in the front left and right sides; add a masonry wall to screen the service areas from the front of the site and modifications to the previously approved 40 foot pole sign, ten foot monument sign and six foot ground sign. The property is located at 701 State Highway 114 East and is zoned "PCD" Planned Commerce District. Mr. Robert Manaois, of Kimley-Horn, 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 there was one letter of approval copied to the City Council and Commission, Commissioner Martin, seconded by Commissioner Nicholson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Martin, Busbee, Murray & Nicholson Nays: None Mayor Pro Tern Ware, seconded by Council Member Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 4. PUBLIC HEARING, CONDITIONAL USE APPLICATION C000-65 REGENCY CENTER Mayor Tate declared the public hearing open. Development Services Director Hardy reported Conditional Use Application C000-65 had been filed by Regency Center requesting a conditional use permit to amend the site plan 4 12/19/00 approved by Ordinance No. 99-177 to allow the development of Lots 2, 3, and 7 and modify the landscape plan to incorporate off-site improvements of the planned commercial center. The property is located at 1501 State Highway 114 West and is zoned "CC" Community Commercial District Regulations. Mr. Bart Duckworth and Mr. John Levitt requested favorable consideration of the application. Mr. Duckworth briefly reviewed the history of the proposed development relative to the main entrance to the site from the future Ernest Dean Parkway located on the south side of the site. He stated that for the opportunity to use the thoroughfare for the main entrance to the center, they propose to construct the initial portion of the roadway and improvements including landscaping at their expense. In return, that the landscaping provided along the subject portion of Ernest Dean Parkway be included in the overall landscape plan and open space calculation for the Planned Commercial Center. Questions from the Planning & Zoning Commission related to the City's ability to permit the off-site landscaping to be considered in the overall calculations for the project. Assistant City Attorney Matthew Boyle advised that under these circumstances, the inclusion of the off-site landscaped area in the overall landscape plan and open space calculation for the Planned Commercial Center is appropriate and allowed under the Planning & Zoning Commission recommendations to the City Council for approval. Development Services Director Hardy advised the City's Code of Ordinances, Section 25.M.6 provides that flexibility to the Commission and Council. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and City Secretary Huff reported there had been one letter of approval copied to the Commission and Council. Commissioner Fry, seconded by Commissioner Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Martin, Busbee, Murray & Nicholson Nays: None Council Member Wilbanks, 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 ZONING APPLICATION Z00-16 CONDITIONAL USE APPLICATION C000-66 9.5 POOL ROAD PARTNERS L. P. FINAL PLAT LOTS 1 R -4R, AND TRACT A -R, BLOCK 1, SH26/POOL ROAD ADDITION REPLAT OF LOTS 1-5, BLOCK 1, SH26/POOL ROAD ADDITION 5 12/19/00 Mayor Tate declared the public hearing open. Development Services Director Hardy stated 9.5 Pool Road Partners L. P had filed applications relative to property located at 3725 Ira E. Woods Avenue. Zoning Application Z00-16 requests rezoning of 2.586 acres from "HC" Highway Commercial District Regulations, 5.594 acres from "CN" Neighborhood Commercial District Regulations and 3.504 acres from "PO" Professional Office District to "CC" Community Commercial District Regulations. Conditional Use Application C000-66 requests a conditional use permit to establish a planned commercial center with the possession, storage, retail sale and off - premise consumption of alcoholic beverages (beer and wine only) in conjunction with a grocery store and in conjunction with a convenience store with gasoline sales. Mr. Hardy stated the application for the final plat of Lots 1 R -4R and Tract A -R, Block 1, SH26/Pool Road Addition being a replat of Lots 1-5, Block 1, SH26/Pool Road Addition was also being considered. Mr. Tommy Pigg, representing 9,5 Pool Road Partners L. P. requested favorable consideration of the application. He reviewed the proposed development changes from the two previously submitted site plans. Most notably, the orientation of the Albertson's grocery store is moved to the southern portion of the site and faces Ira E. Woods Avenue. The Albertson's Express gasoline sales/convenience store is located to the west of the corner lot at the intersection of Ira E. Woods Avenue and Pool Road. The southernmost drive along Pool Road has been eliminated. He stated that the undeveloped property would remain as green space and be made available to the City for park/practice fields. Mr. Mike Starek reviewed the changes in the proposed traffic flows. The two driveways on State Highway 26 are proposed to be located approximately 335 feet and 565 feet from the intersection with Pool Road. These two drives are the only ones that can be constructed on the south side of State Highway 26 within 1,000 feet and possibly up to 1,400 feet of Pool Road due to the approaches to the State Highway 26 bridge crossing Big Bear Creek. No drives can be constructed on the north side of State Highway 26 due to the railroad. The east drive will be 26 feet wide in comparison to the maximum allowable of 45 feet and will be restricted to right turns in and out with the use of this narrow width and raised islands. He stated the developer proposes to construct a new center turn lane extending beyond the west drive to provide a safety factor for left turning traffic from the west drive to westbound State Highway 26 and from westbound State Highway 26 into the drive. Additionally, the developer will construct a new right turn lane for eastbound traffic approaching Pool Road to serve both drives and right turn movements from eastbound State Highway 26 to southbound Pool Road. Commissioners questioned the flow of truck traffic through the proposed development. Mr. Starek stated trucks would access from State Highway 26. Mr. Jeff Williams, P. E,, of Graham Associates, Inc., addressed Council's questions relating to soil reclamation, drainage, and tree preservation along the southern property line and A 12/19/00 creek bank. Mayor Tate invited guests present to comment regarding the applications. The following citizens spoke in opposition to the applications citing traffic safety issues, decline in property values, impacts on adjacent neighborhood and schools, and they preferred the property to be developed under its current zoning: 1. Mr. Dean Mannen, 3064 Ridge View Drive 2. Mr. Richard Lamb 3002 Old Mill Run 3. Mr. Larry Koonce, 3022 Old Mill Run 4. Mr. Steve Early, 3046 Creekbend 5. Mr. Brent Gabriel, 3064 Old Mill Run 6. Mr. Larry Watkins, 3066 Old Mill Run 7. Mr. Glenn Peden, 3035 Old Mill Run The following citizens spoke in favor of the applications noting the upscale development, additional tax revenues, additional green space for the City and improvements to the traffic flow on Pool Road and State Highway 26: 1. Mr. John Zikos, 3502 Windview Court 2. Mr. Jim Tiller, 607 South Dooley Street 3. Mr. Don Moore, 1304 Airline Drive 4. Ms. Kelly Robertson, 2053 Wedgewood Drive 5. Ms. Kathrine Brink, 3023 Columbine 6. Mr. Tracy Huneycutt, 3723 Lakeview City Secretary Huff read the following letters into the record: I am still opposed to the proposed zoning or conditional use changes to this property, primarily because of the traffic problem at the intersection of Highway 26 and Pool Road and through the Creekwood West neighborhood. Though the developers have amended their plan time and again, the plan still includes a large grocery store. The people from Greenway Investments do not deny that the grocery store will increase traffic in this area. The traffic increase will be more significant with a grocery store that it would be if the property were developed in accordance with the current restrictions. Mayor Tate recently told Senator Gramm's office that Grapevine's number one concern is the transportation crisis in our city. How can we expect to get help from others with this problem if we take steps to exacerbate the situation? The traffic in this area greatly affects our quality of life, and it poses a safety risk too, especially with the schools located so close to this intersection. I expect the city council and the P&Z members to think about these concerns before voting tonight. 7 12119100 I have one other comment on this issue. Paving the way for a grocery store and strip retail center at the western entrance to our city would be an opportunity lost. Nothing says "Welcome to Hurst (or Colleyville, Euless or North Richland Hills)" like a strip shopping center. Do we want the same to be true of Grapevine? Do we want visitors to our city to observe the backside of a strip center as they enter Grapevine along Highway 26? This piece of property, located in a highly visible area at our western border, could be developed into something really special that signifies to visitors that they have entered the best city in the metroplex. For example, 1 think this property would be a better place for a nature center and botanical gardens than the small site in the center of town. I would like to see something unique done with the last bit of undeveloped land in our city. A grocery store and strip center hardly sets Grapevine apart from the ordinary and mundane suburbs surrounding us. I think we have a special city. Shouldn't we keep it that way? Chris Lowe 2909 Valleyview Drive Grapevine, Texas Dear City Council and Planning and Zoning Commission: Tonight Greenway Investment Company requests another zoning change and CUP in order to build a 90,000 SF shopping center anchored by Albertson's grocery store. They are proposing two basic changes since their 3rd attempt at passage and offer to reduce the amount of sub -9500 SF retail space and eliminate the professional office space altogether. The smaller retail shops and professional offices are exactly what the Master Plan calls for and are what this community would gladly embrace. Unfortunately, Greenway wants to cut out the good types of development when they should be eliminating the grocery store. At 67,362 SF, Albertson's would be seven (7) times larger than what the Master Plan has deemed to be the best and most appropriate usage of the land. Current zoning restricts the size of businesses to 9,500 SF for good reason. We can't let that change! The City Council and the P&Z must determine in this case whether the Application submitted by Greenway satisfactorily meets the conditions contained in Section 48 of Appendix "D" of the City Code. Some of that criteria is as follows: 1) You must determine that it is necessary and that there has been a change in the conditions of the surrounding lands in close proximity which would support the Application; 2) You must determine, solely through the presentation of evidence, that there is a public necessity, the public demands it, the public interest clearly requires it and that the changes do not invade the rights of those who ought or improved property who were reliant on the existing classification when their investment was made; F-1 12/19/00 3) You have considered the character of the existing zoning and its suitability for particular uses with a view to encourage the most appropriate use of the land; 4) You must consider the safety of the motoring public and pedestrians using the facilities in areas of close proximity to the site; i.e., the already overly dense traffic patterns at the intersection of S.H. 26 and Pool Rd. as well as Cross Timbers Middle School and Glen Hope Elementary; and, 5) The City Council finds that the Application lessens the congestion in the streets. These conditions must be satisfied through the submission of evidence by Greenway at this public hearing. Members of the P&Z and the City Council, it is your decision to make this determination and I trust that once you've evaluated all the evidence you'll conclude that Greenway has not met several of the required conditions of Section 48 of Appendix "D" that are critically important. Please don't let your concerns for the unknown regarding the future and quality development of these lands persuade you to make decisions that the surrounding community may come to deeply regret. I urge you to allow the hands of time to play themselves out on this issue by not feeling compelled to vote for change. You must allow this corner to develop naturally and according to the Master Plan. Very truly yours, Tony McCalla Dear Mr. Mayor, members of the Council and members of the Planning & Zoning Committee: For the fourth time, many of the residents of Creekwood West and other areas surrounding Pool Road and Highway 26 are faced with fighting a development by Greenway Investment Company which is unwanted and which conflicts with existing zoning. This is beginning to resemble the recent Florida election in that one side (Greenway) is intent on finding a way to win, despite what the people say and despite the rules that are in place. In this particular case, Greenway has found a way to get on the City Council agenda at a time when it is obvious that many of the residents who oppose the project will be unable to attend because of holiday commitments. Is it fair to the taxpayers of Grapevine that a hearing on such a controversial issue is allowed to go forward when many of those taxpayers will be unable to have their voices heard? While I would like to see this project voted down again, I would ask that you at least table a hearing until there is equal representation. 9 12/19/00 I would like to remind you that one of the prevalent reasons for denying Greenway in the past was the overwhelming opposition of the residents who live near the proposed development site. Mr. Mayor, you yourself stated publicly at the last hearing on this that it was hard to justify a project which seemed to cause so much opposition and anger in those who reside closest to the development site. Nothing has changed! Those same residents still oppose the project. Because of the timing, however, our voice and presence during the meeting may not seem as strong. Development under specified zoning rules is acceptable. Development outside the rules or a change in zoning to accommodate this request is not only unacceptable but passionately unwanted. A decision by you to approve the project this time will raise many questions. A decision to again deny Greenway's request will reconfirm your stance from last time and will prove again that you are doing what you were elected to do - that is to serve the interests of the citizens of Grapevine. Thank you for diligently considering this. I ask you to vote "No" to Greenway's request or, at least, to table this until January. Todd & Katy Robison 3048 Creekbend Circle Ms. Huff advised the City Council and Commission had been copied the following relative to the case: four letters of approval; 27 letters protesting; two petitions each containing 115 signatures protesting and requesting that the case be tabled to a later date. Commissioner Martin, seconded by Commissioner Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Martin, Busbee, Murray & Nicholson Nays: None Council Member Freed, 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 Mayor Tate declared the public hearing open. Development Services Director Hardy advised Conditional Use Application C000-67 had been filed by Steak -N -Shake requesting a conditional use permit to amend the site plan IR 12/19/00 approved by Ordinance No. 2000-83 to allow the development of a drive-through restaurant on property located at 2205 East Grapevine Mills Circle. The restaurant will have a seating capacity for 99 persons. The subject property is zoned "CC" Community Commercial District Regulations. Ms. Janet Briel 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 Busbee, seconded by Commissioner Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Martin, Busbee, Murray & Nicholson Nays: None Mayor Pro Tern Ware, 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 7. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU00-68 KINKO'S Mayor Tate declared the public hearing open. Development Services Director Hardy advised Conditional Use Application CU00-68 had been filed by Kinko's requesting a conditional use permit to amend the site plan approved by Ordinance No. 2000-83 to allow the development of a 6,600 square foot business service, reproduction, computer communication and conference center oriented business. The property is located at 2305 East Grapevine Mills Circle and is zoned "CC" Community Commercial District Regulations. Ms. Janet Briel 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 Coy, seconded by Commissioner Nicholson, offered a motion to close the public hearing. The motion prevailed by the following vote: IL.I 11 12/19/00 Ayes: Oliver, Coy, Fry, Martin, Busbee, Murray & Nicholson Nays: None Council Member Johnson, 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. KIMBALL ••=i Assistant Director of Public Works/Engineering Stan Laster recommended approval of a Developer's Contract with K. M. Properties, Incorporated authorizing the construction of Kimball Road fronting the proposed development of Kimball Hill Addition in lieu of a portion of the peripheral street fees due for Kimball Road and authorization for Staff to execute said contract. Staff has proposed the developer undertake modified improvements to Kimball Road that later could be combined with any future construction project involving the widening of this section of Kimball Road. The cost of the modified improvements would be credited against the peripheral street fees owed to the City for Kimball Road. The peripheral street fees associated with the development are $66,280.22 and the estimated cost of the improvements is $51,000.00. The balance of the peripheral street fees upon completion of the roadway construction would be paid to the City prior to the development being released for building permits. Motion by Council Member Johnson, seconded by Mayor Pro Tern Ware, to approve the Developer's Contract with K. M. Properties, Incorporated as recommended 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, im 12/19/00 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. Item 13 Ordinance Abandon Portion of Franklin Street Right -of -Way was removed from the consent agenda by City Manager Nelson for consideration after the Planning & Zoning Commission's recommendation relative to the First United Methodist Church's applications. Item 9. Meeting Date Change Staff recommended changing the first meeting date in January from January 2 to January 9, 2001. 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 10. Ordinance, Second and Final Reading Conditional Use Application C000-54 Mr. Willie Ihnfeldt Development Services Director recommended approval of the second and final reading of an ordinance granting Conditional Use Application C000-54 filed by Mr. Willie Ihnfeldt for property located at 2299 Lonesome Dove Road. Approval of the conditional use application grants a conditional use permit for the possession, storage, retail sale, and on - premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with the operation of an existing recreation/amusement based business. The Board of Zoning Adjustment approved the variance request relative to paving of existing parking areas throughout the site. 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 ORDINANCE NO. 2000-121 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 C000-54 TO ALLOW THE POSSESSION, STORAGE, RETAIL SALE AND ON -PREMISE CONSUMPTION OF ALCOHOLIC 13 12/19/00 BEVERAGES (BEER, WINE, AND MIXED BEVERAGES) ALL IN CONJUNCTION WITH THE OPERATION OF A RECREATION/AMUSEMENT BASED BUSINESS IN A DISTRICT ZONED "RA" RECREATION/AMUSEMENT 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; AND PROVIDING AN EFFECTIVE DATE Item 11. Change Orders No. 2 and 3, Hilton Force Main Design Contract, Montgomery Watson Americas Inc. Public Works Director recommended approval of Change Orders No. 2 and 3 to the Hilton Force Main Design Contract with Montgomery Watson Americas, Inc. in the amount of $7,906.00 and $27,089.00, respectively, and authorization for the City Manager to execute said change orders. 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 12. Change Orders No. 1 — 5, Hilton Force Main Survey Contract, Pacheco Koch, Inc. Public Works Director recommended approval of Change Orders No. 1, 2, 3, 4 and 5 to the Hilton Force Main Survey Contract with Pacheco Koch, Inc. in the $8,000.00; $650.00; $1,450.00; $5,850.00 and $9,000.00, respectively, and authorization for the City Manager to execute said change orders. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: 14 12/19/00 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 13. ORDINANCE, ABANDON PORTION OF FRANKLIN STREET RIGHT-OF- WAY This item was removed from the consent agenda and discussed after Item 36. Public Works Director recommended approval of an ordinance abandoning a portion of the Franklin Street right-of-way effective on the approval of the First United Methodist Church plat. Motion by Council Member Johnson, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2000-122 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A PORTION OF THE FRANKLIN STREET RIGHT-OF-WAY IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; SAVE AND EXCEPT THE RETENTION OF SAID RIGHT-OF-WAY FOR A DRAINAGE AND UTILITY EASEMENT; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Item 14. Ordinance, Abandon Utility Easement, Thatcher Woods Addition Public Works Director recommended approval of an ordinance abandoning a ten -foot wide utility easement located along the eastern portion of Lot 4R1, Block 1, Thatcher Woods Addition. 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 ORDINANCE NO. 2000-123 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A TEN FOOT (10') UTILITY EASEMENT IN THE CITY OF W 12/19/00 GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. Item 15. Change Order No. 3, Grapevine Public Library Expansion Proiect, T. W. Foster, Inc. Public Works Director recommended approval of Change Order No. 3 to the Grapevine Public Library Expansion Project with T. W. Foster, Inc., Contractors in the amount of $139,113.66 and authorization for Staff to execute said change order. 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. Design Services Contract, Phase I Meadowmere Park Parks & Recreation Director recommended approval of an engineering design services contract with Civil Works Group in the amount of $29,375.00 for the design of Phase 1 of Meadowmere Park. 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 17. Resolution, Moving Services for the Library Expansion Staff recommended approval of a resolution establishing L. B. Interiors as the sole source for moving services of furniture and shelving for the Library Expansion Project at a total cost not to exceed $42,037.50. 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 RESOLUTION NO. 2000-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO THE PURCHASE OF MOVING 16 12/19/00 SERVICES FOR THE LIBRARY EXPANSION PROJECT, DETERMINING THAT THE MOVING SERVICES IS AVAILABLE FROM ONLY ONE SOURCE AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS AND DOCUMENTS AND PROVIDING AN EFFECTIVE DATE Item 18. Resolution, Authorize Interlocal Agreement, Houston/Galveston Area Council, Vehicle Purchase Staff recommended approval of a resolution authorizing the purchase of vehicles in an amount not to exceed $313,794.84 through an interlocal agreement with the Houston/Galveston Area Council. 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 RESOLUTION NO. 2000-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE MAYOR TO APPROVE THE PURCHASE OF VEHICLES THROUGH AN ESTABLISHED INTERLOCAL AGREEMENT WITH THE HOUSTON/GALVESTON AREA COUNCIL AND PROVIDING AN EFFECTIVE DATE Item 19. Award Bid 69-2000 Insulation of Above Ground Piping Staff recommended award of Bid 69-2000 Installation of Above Ground Piping Insulation at the Water Treatment Plant, rainwater pump station, and the DFW pump station to Boyter Insulation Service for a cost not to exceed $29,807.00. 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 20. Mutual Aid, Fire/Emergency Medical Service Fire Chief recommended approval of an interlocal agreement for Mutual Aid Fire Protection and Emergency Medical Services to and from those cities, or entities, which adopt said 17 12/19/00 agreement. 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 21 Ordinance Abandon Segment of Right -of -Way on Ball Street Public Works Director recommended approval of an ordinance abandoning a segment of street right-of-way at the intersection of Ball Street and Wall Street and authorization for the City Manager to execute the necessary documents to quit -claim the right-of-way to the abutting property owner. 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 ORDINANCE NO. 2000-124 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A PORTION OF THE BALL STREET RIGHT-OF-WAY IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; SAVE AND EXCEPT THE RETENTION OF A PORTION OF SAID RIGHT-OF-WAY FOR A UTILITY EASEMENT; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Item 22. Waterline Oversizing Reimbursement Public Works Director recommended approval of a reimbursement agreement with Matheus Brothers Investment, Inc. in the amount of $25,510.00 for the construction of a 20 inch water main along State Highway 121 through Lot 1, Block 2, Driskill Place Addition (Boi Na Braza Steak House) and authorization for payment to Matheus Brothers Investment, Inc. 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 12/19/00 Nays: None Item 23. Consideration of Minutes City Secretary recommended approval of the minutes of the December 5, 2000 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 24. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU00-53 ELLIOTT'S HARDWARE Planning & Zoning Commission Chairman Oliver reported the Commission voted 4-3 for denial of Conditional Use Application CU00-53 filed by Elliott's Hardware due to concerns of parking lot traffic and aesthetics. The application requests a conditional use permit to amend the site plan approved by Ordinance No. 92-29 for the placement of an automated teller machine in the parking lot and a three-foot monument sign on property located at 108 West Northwest Highway. The item was tabled by the Commission at the November 7, 2000 meeting. Council Member Freed, seconded by Council Member Wilbanks, offered a motion to adopt the ordinance approving the conditional use application. Brief discussion ensued relative to requiring that the landscaping trees at the front of the parking lot be changed to live oaks. Council Member Freed, seconded by Council Member Wilbanks, offered an amendment to the motion for approval that live oaks be included in the landscaping plan. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2000-125 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 CU00-53 TO We 12/19/00 AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 92-29 TO LOCATE AN AUTOMATIC TELLER MACHINE AND A THREE-FOOT MONUMENT SIGN ON THE SITE IN A DISTRICT ZONED "HC" HIGHWAY 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 25. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION C000-48 PANATTONI/HILLWOOD DEVELOPMENT COMPANY Chairman Oliver reported the Commission voted 7-0 for denial of Conditional Use Application CU00-48 filed by Panattoni/Hillwood Development Company for property located at 625 Westport Parkway requesting a permit to eliminate screening walls. Following Council discussion relative to screening requirements, Council Member Freed, seconded by Council Member Wilbanks, offered a motion to accept the Commission's recommendation for denial; of the conditional use application. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 26. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION C000-62 FIRST UNITED METHODIST CHURCH Chairman Oliver reported the Commission voted 7-0 for approval of Conditional Use Application C000-62 filed by the First United Methodist Church with the stipulation that the two historic homes on College Street be preserved and maintained. The conditional use allows for off-site parking within 300 feet of the primary use at 422 Church Street. 20 12/19/00 Council Member Spencer, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation and approve the first reading of the ordinance with the stipulation that the historic homes on College Street be preserved and maintained. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 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 C000-62 TO ALLOW FOR OFF-STREET PARKING WITHIN 300 FEET OF THE PRIMARY USE IN A DISTRICT ZONED "R-TH" TOWNHOUSE 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; AND PROVIDING AN EFFECTIVE DATE ITEM 27. PLANNING & ZONING COMMISSION RECOMMENDATION SPECIAL USE APPLICATION S000-18 FIRST UNITED METHODIST CHURCH Chairman Oliver reported the Commission voted 7-0 for approval of Special Use Application S000-18 filed by First United Methodist Church granting a conditional use permit to allow the church located at 422 Church Street to exceed the maximum height regulation established for the "R-TH" Townhouse District Regulations. Council Member Johnson, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the first reading of the ordinance granting the special use permit. The motion prevailed by the following vote: a 12/19/00 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 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 SU00-18 IN A DISTRICT ZONED "R-TH" TOWNHOUSE DISTRICT REGULATIONS TO ALLOW A CHURCH TO EXCEED THE MAXIMUM HEIGHT REGULATION ESTABLISHED FOR "R-TH" TOWNHOUSE DISTRICT REGULATIONS UNDER CITY OF GRAPEVINE ORDINANCE NO. 82-73 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 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; AND PROVIDING AN EFFECTIVE DATE ITEM 28. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1R, BLOCK 1, AND LOT 1, BLOCK 3, FIRST UNITED MEHTODIST CHURCH OF GRAPEVINE ADDITION Chairman Oliver reported the Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1R, Block 1 and Lot 1, Block 3, First United Methodist Church of Grapevine Addition. The subject 9.4704 acre property is being platted for the expansion of the existing church facilities at 422 Church Street. 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 Lot 1R, Block 1 and Lot 1, Block 3, First United Methodist Church of Grapevine Addition. The motion prevailed by the following vote: 22 12/19/00 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 29. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION C000-64 AUTONATION Chairman Oliver reported the Commission voted 7-0 for approval of Conditional Use Application C000-64 filed by AutoNation granting a conditional use permit to amend the site plan approved by Ordinance No. 2000-81 to modify the building, parking layout, signage and screening and for the addition of a service drive on property located at 701 State Highway 114 East. Mayor Pro Tern Ware, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2000-126 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 C000-64 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO.2000-81 FOR AN AUTOMOTIVE DEALERSHIP, SPECIFICALLY TO MODIFY THE BUILDING, PARKING LAYOUT, SCREENING AND POLE SIGN, AND FOR THE ADDITION OF A SERVICE DRIVE 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 23 12/19/00 WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 30. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU00-65 REGENCY CENTER Chairman Oliver reported the Commission voted to table Conditional Use Application CU00-65 filed by Regency Center to the January 16, 2001 meeting to allow the applicant to supply all needed landscaping on his property. The application requests a conditional use permit to amend the site plan approved by Ordinance No. 99-177 to allow the development of Lots 2, 3, and 7 and to modify the landscape plan to incorporate off-site improvements of the planned commercial center located at 1501 State Highway 114 West. There was no action taken by the City Council. ITEM 31. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z00-16 9.5 POOL ROAD PARTNERS Chairman Oliver reported the Commission voted 5-2 for denial of Zoning Application Z00- 16 filed by 9.5 Pool Road Partners L. P. requesting rezoning of 2.586 acres from "HC" Highway Commercial District Regulations, 5.594 acres from "CN" Neighborhood Commercial District Regulations and 3.504 acres from "PO" Professional Office District to "CC" Community Commercial District Regulations located at 3725 Ira E. Woods Avenue. Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation for denial of the zoning application. The motion prevailed by the following vote: Ayes: Tate, Spencer, Wilbanks & Freed Nays: Ware & Stewart Abstain: Johnson ITEM 32. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION C000-66 9.5 POOL ROAD PARTNERS L. P. Chairman Oliver reported the Commission voted 5-2 for denial of Conditional Use Application CU00-66 filed by 9.5 Pool Road Partners L. P. requesting a conditional use permit to establish a planned commercial center with the possession, storage, retail sale and off -premise consumption of alcoholic beverages (beer and wine only) in conjunction with a grocery store and in conjunction with a convenience store with gasoline sales on property located at 3725 Ira E. Woods Avenue. Council Member Spencer, seconded by Council Member Wilbanks, offered a motion to accept the Commission's recommendation for denial of the conditional use permit. The 24 12/19/00 motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Abstain: Johnson ITEM 33. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1 R -4R AND TRACT A -R, BLOCK 1, SH26/POOL ROAD ADDITION Chairman Oliver reported the Commission voted 5-2 for denial of the Statement of Findings and the final plat of Lots 1R -4R and Tract A -R, Block 1, SH26/Pool Road Addition. The 22.122 acre property is located at the southwest corner of State Highway 26 and Pool Road. Council Member Spencer, seconded by Council Member Freed, offered a motion for denial of the Statement of Findings and the final plat of Lots 1R -4R and Tract A -R, Block 1, SH26/Pool Road Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Abstain: Johnson ITEM 34. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU00-67 STEAK -N -SHAKE Chairman Oliver reported the Commission voted 7-0 for approval of Conditional Use Application CU00-67 filed by Steak -N -Shake granting a conditional use permit to amend the site plan approved by Ordinance No. 2000-83 to allow the development of a drive- through restaurant on property located at 2205 East Grapevine Mills Circle. Council Member Freed, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2000-127 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 CU00-67 TO ?A9 AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2000-83 FOR A PLANNED COMMERCIAL CENTER IN EXCESS OF 1,000,000 SQUARE FEET OF GROSS LEASEABLE SPACE TO ALLOW THE DEVELOPMENT OF A DRIVE-THROUGH 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 35. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION C000-68 KINKO'S Chairman Oliver reported the Commission voted 7-0 for approval of Conditional Use Application C000-68 filed by Kinko's granting a conditional use permit to amend the site plan approved by Ordinance No. 2000-83 to allow the development of a business service, reproduction, computer communication and conference center oriented business on property located at 2305 East Grapevine Mills Circle. Council Member Wilbanks, 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. 2000-128 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 CU00-68 TO W 12/19/00 AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2000-83 FOR A PLANNED COMMERCIAL CENTER IN EXCESS OF 1,000,000 SQUARE FEET OF GROSS LEASEABLE SPACE TO ALLOW THE DEVELOPMENT OF A BUSINESS SERVICE, REPRODUCTION, COMPUTER COMMUNICATION, AND CONFERENCE CENTER ORIENTED BUSINESS 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 35. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 2, BLOCK 2, A. F. LEONARD ADDITION Chairman Oliver reported the Commission voted 7-0 to approve the Statement of Findings and the final plat of Lot 2, Block 2, A. F. Leonard Addition located at the southwest corner of the intersection of Northwest Highway and Dooley Street. The 0.507 acre property is being platted for a conditional use permit to allow for a 20' pole sign on the northeast corner of the property. Council Member Johnson, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 2, Block 2, A. F. Leonard Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ADJOURNMENT Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to 27 12/19/00 adjourn the meeting at 10:45 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 16th day of January, 2001. ATTEST: Linda Huff City Secretary K2 "TAins"0 0 William D. Tate Mayor 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 9th day of January, 2001 at 7:00 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street with the following members present to -wit: William D. Tate Mayor Ted R. Ware Mayor Pro Tern Sharron Spencer Council Member C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with the following members of the City Staff: Roger Nelson City Manager H. T. Hardy Development Services Director CALL TO ORDER Mayor Tate called the meeting to order at 7:05 p.m. ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding (A) conference with City Manager and Staff to receive information regarding commercial information received from businesses that the City is conducting economic development negotiations with pursuant to Section 551.086, Texas Government Code. RECESS AND RECONVENE Upon reconvening in open session in the Council Chambers, all members of the City Council were present. Mayor Tate announced the City Council would conduct the Regular City Council meeting and then reconvene the closed session. After conducting the Regular City Council meeting, Mayor Tate announced the City Council would reconvene the closed session in the City Council Conference Room. Upon reconvening in open session in the Council Chambers, Mayor Tate asked if there was any action necessary relative to the closed session. City Manager Roger Nelson stated there was no action necessary relative to (A) conference with City Manager and Staff to receive information regarding commercial information received from businesses 01/09/01 that the City is conducting economic development negotiations with pursuant to Section 551.086, Texas Government Code. ADJOURNMENT Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 9:12 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 16th day of January, 2001. ATTEST: Linda Huff City Secretary 9 William D. Tate Mayor STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Regular Session on this the 9th day of January, 2001 at 7:30 p.m. in the City Council Chambers, Second Floor, 200 South Main Street, with the following members present to -wit: William D. Tate Mayor Ted R. Ware Mayor Pro Tern Sharron Spencer Council Member C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with the following members of the City Staff: Roger Nelson City Manager H. T. Hardy Development Services Director CALL TO ORDER Mayor Tate called the meeting to order at 7:56 p.m. INVOCATION Council Member Wilbanks delivered the Invocation. Kogman The City Council considered 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 1. Award Construction Contract, FY 2000 Water Line Improvements Project, Circle "C" Construction Company Public Works Director recommended award of a construction contract to Circle "C" Construction Company in the amount of $2,576,520.00 for the FY 2000 Water Line Improvements Project and authorization for Staff to execute said contract. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: 01/09/01 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 2. Resolution, Telephone System, Library Expansion Proiect Staff recommended approval of a resolution establishing ICS Telephones, Inc. as a sole source provider for a telephone system for the Library Expansion Project in an amount not to exceed $20,697.50. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2001-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO THE PURCHASE OF A TOSHIBA TELEPHONE SYSTEM FROM ICS TELEPHONES, INC. AS PART OF THE LIBRARY EXPANSION PROJECT; DETERMINING THAT THE ITEMS ARE AVAILABLE FROM ONLY ONE SOURCE; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS AND DOCUMENTS AND PROVIDING AN EFFECTIVE DATE Item 3. Award Bid 74-2001 Trees Annual Contract Parks & Recreation Director recommended award of Bid 74-2001 Trees Annual Contract to establish fixed pricing for various types of trees to be ordered on an as needed basis by the Parks Division in an amount not to exceed $20,000.00. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 4. Award Bid 70-2001 Traffic Signal Lamps Staff recommended approval of the award of Bid 70-2001 Traffic Signal Lamps for the Traffic Division to the lowest and best bidder meeting specifications, Control Technologies, in the amount of $15,750.00. 2 01/09/01 Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 5. Resolution, Children's Furniture, Library Expansion Project Staff recommended approval of a resolution declaring Libra -Tech Corporation a sole distributor for the Midlands Company, a sole source provider for children's furniture for the Library Expansion Project in an amount not to exceed $22,812.56. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2001-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO THE PURCHASE OF CHILDREN'S FURNITURE AS PART OF THE LIBRARY EXPANSION PROJECT; DETERMINING THAT THE ITEMS ARE AVAILABLE FROM ONLY ONE SOURCE; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS AND DOCUMENTS AND PROVIDING AN EFFECTIVE DATE Item 6. Renewal of Bid 39-1999 Lubricants Annual Contract Staff recommended approval of the renewal of Bid 39-1999 Lubricants Annual Contract for the Fleet Division to the lowest and best bidder meeting specifications, Gilco Lubricants, not to exceed the annual budgeted amount for this service. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 7 Renewal of Bid 24-1999 Temporary Employment Annual Contract Staff recommended approval of the renewal of Bid 24-1999 Temporary Employment ,} Annual Contract for non -clerical temporary employment to H. O. S. Staffing, dba Labor Force, in an amount not to exceed the annual budgeted amount for this service. 3 01/09/01 Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 8. Resolution, Designating Tarrant County Juvenile Services Recipient o Allocated Funds Police Chief recommended approval of a resolution authorizing the designation of the Tarrant County Juvenile Services as the recipient of funds allocated for the City of Grapevine from the Juvenile Accountability Incentive Block Grant. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2001-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DESIGNATING TARRANT COUNTY JUVENILE SERVICES AS THE RECIPIENT OF FUNDS ALLOCATED FROM THE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT; APPOINTING A MEMBER TO THE TARRANT COUNTY/FORT WORTH JUVENILE CRIME ENFORCEMENT COALITION AND PROVIDING AN EFFECTIVE DATE Item 9. Extend Telecommunications Consulting Services Contract, RCC Consultants, Inc. Police Chief recommended approval of an extension to the Telecommunications Consulting Services Contract between the City and RCC Consultants, Inc. in the amount of $30,596.00. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None rd 01/09/01 Item 10. Ordinance, Second and Final Reading, Conditional Use Application C000-62 First United Methodist Church Development Services Director recommended approval of the second and final reading of an ordinance approving Conditional Use Application CU00-62 filed by the First United Methodist Church granting a conditional use permit to allow for off-site parking within 300 feet of the primary use on property located at 422 Church Street. Motion by Council Member Stewart, 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. 2001-01 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 CU00-62 TO ALLOW FOR OFF-STREET PARKING WITHIN 300 FEET OF THE PRIMARY USE IN A DISTRICT ZONED "R-TH" TOWNHOUSE 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; AND PROVIDING AN EFFECTIVE DATE Item 11. Ordinance, Second and Final Reading, Special Use Application S000-18 First United Methodist Church Development Services Director recommended approval of the second and final reading of an ordinance approving Special Use Application SU00-18 filed by the First United Methodist Church granting a special use permit to allow a church to exceed the maximum _W height regulation established for the "R-TH" Townhouse District on property located at 422 Church Street. Motion by Council Member Stewart, 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. 2001-02 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 S000-18 IN A DISTRICT ZONED "R-TH" TOWNHOUSE DISTRICT REGULATIONS TO ALLOW A CHURCH TO EXCEED THE MAXIMUM HEIGHT REGULATION ESTABLISHED FOR "R-TH" TOWNHOUSE DISTRICT REGULATIONS UNDER CITY OF GRAPEVINE ORDINANCE NO. 82-73 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 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; AND PROVIDING AN EFFECTIVE DATE ADJOURNMENT Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 9:12 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None 0 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 16th day of January, 2001. ATTEST: Linda Huff City Secretary N William D. Tate Mayor