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CM 2004-10-12MINUTES OF OCTOBER 12~ 2004 The City Council of the City of Coppell met in Regular Called Session on Tuesday, October 12, 2004, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor Diana Raines, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Thom Suhy, Councilmember Bill York, Councilmember Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert Hager. REGULAR SESSION (Open to the Public) 1. Call to order. Mayor Stover called the meeting to order, determined that a quorum was present and convened into Work Session. WORK SESSION (Open to the Public) 2. Convene Work Session A. Discussion regarding November and December meeting schedule. Discussion regarding Comcast's request to the FCC for a dereE'ulation exemption. Review Electronic Citizen Satisfaction Survey. Update on 40 Development Assets. Discussion of Agenda Items. Adjourn Work Session. CM101204 Page 1 of 12 PUBLIC ANNOUNCEMENTS Public Service Announcements concerning local civic events and no Council action is required or permitted. REGULAR SESSION 3. Reconvene Council Meeting. (Open to the Public) Invocation. Pastor Greg Brassfield, Church of Jesus Christ of Latter Day Saints, led those present in the Invocation. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. Citizens' Appearances. There was no one signed up to speak on this item. CONSENT AGENDA 7. Consider approval of the following consent agenda items: A. Consider approval of minutes: September 28, 2004. Consider approval of a resolution authorizing the purchase of books and audio-visual materials for the William T. Cozby Public Library from the contracted vendors, on an annual basis, as budgeted, through the Northeast Texas Library System; authorizing the City Manager or his designee to take such action and execute such documents as necessary to effectuate the purchase; and authorizing the Mayor to sign. CM101204 Page 2 of 12 Ce Consider approval of amendinE the contract with TeaE:ue, Nail & Perkins, Inc. for the desiEn of West Sandy Lake Road {from Denton Tap to S.H. 121) in an amount of $141,820 as provided for in CIP funds; and authorizinE the City ManaEer to siEn. De Consider authorizinE the hirinE of three firefiEhter/ paramedic personnel. Land Use and Development Ee Consider approval of an Ordinance for Case No. PD-161R- SF-12, Stratford Manor, zoninE chanEe from PD-161-SF- 12 {Planned Development-161-SinEle Family-12) to PD- 161R-SF-12 {Planned Development-161 Revised-SinEle Family-12), to amend the Landscape Plan to allow for an 144-square-foot entry buildinE, with landscapinE in the common area {Lot 1X), and authorizinE the Mayor to siEn. Fe Consider approval of an Ordinance for Case No. S-1108R2- A, Sprint Spectrum Communication, zoninE chanEe from S-1108R-A {Special Use Permit-Il08 Revised-AEriculture) to S-1108R2-A {Special Use Permit-Il08 Revision 2- AEriculture), to allow for wireless communication antennae to be mounted to an existinE electric transmission tower, with an accessory cabinet at the base of the tower, located approximately 1,000-feet southwest of the intersection of MacArthur Boulevard and the transmission line easement, and authorizinE the Mayor to siEn. Consider approval of an Ordinance for Case No. S-1219- TC, Carvel Ice Cream, zoninE chanEe request from TC {Town Center) to S-1219-TC {Special Use Permit-1219- Town Center), to allow the operation of a 1,500-square- foot restaurant to be located in the Town Center Addition, Lot 2, Block 3, alonE the east side of Denton Tap Road, north of Town Center Blvd., and authorizinE the Mayor to siEn. CM101204 Page 3 of 12 He Consider approval of an Ordinance for Case No. S-1220- TC, Verizon Wireless, zoning change from TC {Town Center) to S-1220-TC {Special Use Permit-1220-Town Center) to allow for the replacement of a 70-foot light standard with an 80-foot light standard to permit wireless communication antennae, with ground-mounted equipment, located at 363 N. Denton Tap Road {Andrew Brown Park West), and authorizing the Mayor to sign. Consider approval of an Ordinance for Case No. S-1221-C, Verizon Wireless, zoning change from C {Commercial) to S-1221-C {Special Use Permit-1221-Commercial), to allow for a maximum 25-foot extension of an existing 75-foot monopole, to allow for a co-location of wireless communication antennae at a height of 100-feet, with ground-mounted equipment, located 636 Sandy Lake Road, and authorizing the Mayor to sign. END OF CONSENT Item E was pulled for separate consideration. Presentation: Ken Griffin, Director of Engineering and Public Works, clarified Item C. Action: Councilmember York moved to approve Consent Agenda Items A, B carrying Resolution 2004-1012.1, C, D, F carrying Ordinance No. 91500- A-391, G carrying Ordinance No. 91500-A-392, H carrying Ordinance No. 91500-A-393, and I carrying Ordinance No. 91500-A-394. Councilmember Suhy seconded the motion, the motion carried 7-0 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell, Faught, Suhy and York voting in favor of the motion. Ee Consider approval of an Ordinance for Case No. PD-161R-SF-12, Stratford Manor, zoning change from PD-161-SF-12 {Planned Development- 161 -Single Family- 12} to PD- 161 R-SF- 12 {Planned Development-161 Revised-Single Family-12), to amend the Landscape Plan to allow for an 144-square-foot entry building, CM101204 Page 4 of 12 with landscapinE in the common area (Lot 1X), and authorizinE the Mayor to siEn. Presentation: Bill Anderson, 705 Stratford, Applicant, addressed questions of Council. Action: Councilmember York moved to approve Ordinance No. 91500-A-390 for Case No. PD- 161R-SF- 12, Stratford Manor, zoning change from PD- 161- SF-12 (Planned Development-161-Single Family-12) to PD-161R-SF-12 (Planned Development-161 Revised-Single Family-12), to amend the Landscape Plan to allow for an 144-square-foot entry building, with landscaping in the common area (Lot iX), and authorizing the Mayor to sign. Mayor Pro Tem Raines seconded the motion, the motion carried 7-0 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell, Faught, Suhy and York voting in favor of the motion. PUBLIC HEARING: Consider approval of Case No. S-1223-TC, Taco Del Mar, zoninE chanEe request from TC (Town Center) to S-1223-TC (Special Use Permit-1223-Town Center), to allow the operation of a 1,650-square-foot restaurant, with outdoor patio, to be located in the Town Center Addition, Lot 2, Block 3, alonE the east side of Denton Tap Road; north of Town Center Blvd. Public Hearinti: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Tom Chapman, 955 Bethel School Road, Applicant, was available for any questions Council may have. Action: Councilmember Tunnell moved to close the Public Hearing and approve Case No. S-1223-TC, Taco Del Mar, zoning change request from TC CM101204 Page 5 of 12 (Town Center) to S-1223-TC (Special Use Permit-1223-Town Center), to allow the operation of a 1,650-square-foot restaurant, with outdoor patio, to be located in the Town Center Addition, Lot 2, Block 3, along the east side of Denton Tap Road; north of Town Center Blvd. subject to the following conditions: The property shall be developed in accordance with the site plan, floor plan and sign plan. The hours of operation shall not exceed 6 a.m. to 11 p.m., seven days a week. Councilmember Brancheau seconded the motion, the motion carried 7-0 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell, Faught, Suhy and York voting in favor of the motion. PUBLIC HEARING: Consider approval of Case No. PD-205-HC, Vista Ridge Addition, Lots 1BR-SX Block D (The Plaza}, zoning change request from HC (Highway Commercial} to PD-205-HC (Planned Development-205-Highway Commercial}, to allow for the development of six, one- and two-story general and medical office buildings, totaling approximately 62,700-square feet, and two common areas, on 7.77 acres of property located along the north side of S.H. 121, approximately 670 feet east of Denton Tap Road. Public Hearinti: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Bill Anderson, Applicant, made a presentation to Council. Action: Councilmember Tunnell moved to close the Public Hearing and approve Case No. PD-205-HC, Vista Ridge Addition, Lots 1BR-8X Block D (The Plaza), zoning change request from HC (Highway Commercial) to PD-205- HC (Planned Development-205-Highway Commercial), to allow for the CM101204 Page 6 of 12 development of six, one- and two-story general and medical office buildings, totaling approximately 62,700-square feet, and two common areas, on 7.77 acres of property located along the north side of S.H. 121, approximately 670 feet east of Denton Tap Road subject to the following conditions: 2. 3. 4. 5. Approval of the 50-foot r-o-w and 28-foot street. Dimension distance between r-o-w of Highland Drive and building on Lot 1. Landscape screening needs to be provided at back of the parking spaces on the south end of Lot 6. Indicate size, color, font, material, etc., of the monument signage. Compliance with Engineering Department comments. Site Plan - A. Driveway locations and spacing along Highland Drive shall be approved by the City of Lewisville standards. B. The driveway proposed at the SH 121 frontage road will need to be permitted by TxDOT. This drive will require a deceleration lane. Mayor Pro Tem Raines seconded the motion, the motion carried 7-0 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell, Faught, Suhy and York voting in favor of the motion. 10. PUBLIC HEARING: Consider approval of the Vista Ridge Addition, Lots 1BR-SX, Block D, Replat of Lot lB, Block D of Vista Ridge, to allow for the development of six, one- and two-story general and medical office buildings, totaling approximately 62,700-square feet, and two common areas, on 7.77 acres of property located along the north side of S.H. 121, approximately 670 feet east of Denton Tap Road. Public Hearinti: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. CM101204 Page 7 of 12 Action: Councilmember Brancheau moved to close the Public Hearing and approve the Vista Ridge Addition, Lots 1BR-8X, Block D, Replat of Lot lB, Block D of Vista Ridge, to allow for the development of six, one- and two-story general and medical office buildings, totaling approximately 62,700-square feet, and two common areas, on 7.77 acres of property located along the north side of S.H. 121, approximately 670 feet east of Denton Tap Road subject to the following conditions: o Contact TXU to discuss easement requirements. Show overall width of Plaza Boulevard as 50 feet, as depicted on Site Plan. Abide by Engineering comments. Preliminary Utility Plan - A. Provide Fire Hydrants along S.H. 121 ~ 300' spacing. B. The City of Coppell has a 12" sewer line in S.H. 121 ROW. Ensure you tie into the correct line. Preliminary Drainatle Plan - A. Coordinate with the city of Lewisville for drainage work located within that city. B. All drainage within the development will be privately owned and maintained up to the ROW line. Mayor Pro Tem Raines seconded the motion, the motion carried 7-0 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell, Faught, Suhy and York voting in favor of the motion. 11. PUBLIC HEARING: Consider approval of Case No. PD-163R3-SF-9, Windsor Estates, zoning change request from PD- 163R2-SF-9 {Planned Development 163-Revision 2-Single Family-9} to PD-163R3-SF- 9 {Planned Development 163-Revision 3-Single Family-9} to allow the retention of an existing 4.25' tall wrought iron fence on an 18" tall retaining wall 15 feet from the property line along DeForest Road on Lot 1, Block B {612 St. James}. Public Hearinti: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. CM101204 Page 8 of 12 Presentation: Gary Sieb, Director of Planning, made a presentation to Council stating that the Applicant would like a continuance. There was a call for an Executive Session at this time. EXECUTIVE SESSION (Closed to the Public} Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Stover convened into Executive Session at 7:39 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 8:10 p.m. and opened the Regular Session. REGULAR SESSION (RECONVENED) (Open to the Public) Action: Councilmember Peters moved to continue the Public Hearing to the October 26, 2004 City Council meeting. Mayor Pro Tem Raines seconded the motion, the motion carried 5-2 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell and Faught voting in favor of the motion and Councilmembers Suhy and York voting against the motion. 12. PUBLIC HEARING: Consider approval of a text amendment to Chapter 12, Zoning, of the Code of Ordinances, Section 12-34-2.6, adding subsection (I) regarding exempting the building pad areas from the tree reparation requirement. Public Hearinti: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. CM101204 Page 9 of 12 Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Action: Councilmember Peters moved to close the Public Hearing and approve a text amendment to Chapter 12, Zoning, of the Code of Ordinances, Section 12-34-2.6, adding subsection (I) regarding exempting the building pad areas from the tree reparation requirement. Councilmember Faught seconded the motion, the motion carried 7-0 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell, Faught, Suhy and York voting in favor of the motion. 13. Consider approval of awardint; Bid/Contract #(~-0804-01 to Canfer Construction Company, for the construction of the Deforest Road and Sandy Lake Road Lift Station Improvements in an amount of $2,586,625, as provided for in water and sewer CIP funds; and authorizint; the City Manatier to sitin. Presentation: Ken Griffin, Director of Engineering and Public Works, made a presentation to Council. Action: Councilmember Faught moved to approve awarding Bid/Contract #Q-0804-01 to Canfer Construction Company, for the construction of the Deforest Road and Sandy Lake Road Lift Station Improvements in an amount of $2,586,625, as provided for in water and sewer CIP funds; and authorizing the City Manager to sign. Councilmember Suhy seconded the motion, the motion carried 7-0 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell, Faught, Suhy and York voting in favor of the motion. 14. Necessary action resultint; from Work Session. There was no action necessary under this item. CM101204 Page 10 of 12 15. Mayor and Council Reports. A. Report by Mayor Stover regarding Metroplex Mayors' Meeting. B. Report by Councilmember Peters regarding meeting with Senator Harris. ao Mayor Stover reported on the Metroplex Mayors' Meeting he and Jim Witt, City Manager, attended on October 12, 2004. The main topic of discussion was property taxes. Bo Councilmember Peters reported on the meeting she and Clay Phillips, Deputy City Manager, had with Senator Harris on October 4, 2004. The main topics of discussion were residential speed limits, public safety, NFTA 1710 and collective bargaining, concealed handguns in city facilities and parks, tax caps, streamline sales tax, car burglaries, red light cameras, local control on alcohol issues, the move over law and school finance. EXECUTIVE SESSION (Closed to the Public) 16. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Discussion regarding new airport procedures. Mayor Stover convened into Executive Session at 8:47 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 9:52 p.m. and opened the Regular Session. REGULAR SESSION (RECONVENED) (Open to the Public) 17. Necessary Action Resulting from Executive Session. There was no action necessary under this item. CM101204 Page 11 of 12 There being no further business to come/~'ibie was adjourned. ATTEST: the City Cot e meeting Mayor Libby Ball~ity Secretary CM101204 Page 12 of 12