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CM 2004-11-09MINUTES OF NOVEMBER 9~ 2004 The City Council of the City of Coppell met in Regular Called Session on Tuesday, November 9, 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. ITEM # ITEM DESCRIPTION 1. Call to order. Mayor Stover called the meeting to order, determined that a quorum was present and convened into Executive Session. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. 612 St. James. Mayor Stover convened into Executive Session at 5:42 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 6:01 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Presentation regarding Household Hazardous Waste. CM 110904 Page 1 of 18 Presentation regarding a Euidelines for Partnership the Park System. Discussion of Agenda Items. Adjourn Work Session. proposed policy outlining Development for projects in PUBLIC ANNOUNCEMENTS Public Service Announcements concerning local civic events and no Council action is required or permitted. REGULAR SESSION 4. Convene ReEular Session. (Open to the Public) Invocation. Msgr. Leon Duesman, St. Ann Catholic Church, led those present in the Invocation. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. Report by the Parks and Recreation Board. Victor Burke, Chair, made the Board's report to Council. Brad Reid, Parks Director, answered questions from Council. Citizens' Appearances. There was no one signed up to speak on this item. CM 110904 Page 2 of 18 CONSENT AGENDA 9. Consider approval of the followint[ consent atienda items: A. Consider approval of minutes: October 26, 2004. Be Consider approval of a Resolution amendint; Resolution #010996.3, as heretofore amended, with retiard to Food Establishment Fees, Occupancy, Mechanical Classification Buildint[ Area Fees, and Garbatie Collection Fees, and authorizint[ the Mayor to sitin. Ce Consider approval for the procurement of a dump truck replacement for the Utility Department from Rush Truck Center throutih Houston-Galveston Area Coop (HGAC} Bid No. HTll-03 for the amount not to exceed $70,883.00, as budtieted, and authorizint[ the City Manatier approval to execute all appropriate documents. Land Use and Development De Consider approval of an Ordinance for Case No. PD-205- HC, Vista Ridtie Addition, Lots 1BR-SX Block D (The Plaza}, zonint; chantie from HC (Hitihway Commercial} to PD-205-HC (Planned Development-205-Hitihway Commercial}, to allow for the development of six, one- and two-story tieneral and medical office buildintis, totalint[ approximately 62,700-square feet, and two common areas, on 7.77 acres of property located alont[ the north side of S.H. 121, approximately 670 feet east of Denton Tap Road, and authorizint; the Mayor to sitin. Ee Consider approval of an Ordinance for Case No. S-1223- TC, Taco Del Mar, zonint[ chantie 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, alont[ the east side of Denton Tap Road; north of Town Center Blvd., and authorizint; the Mayor to sitin. CM 110904 Page 3 of 18 Fe Action: Consider approval of an Ordinance for 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, and authorizing the Mayor to sign. Councilmember York moved to approve Consent Agenda Items A, B carrying Resolution No. 2004-1109.1, C, D carrying Ordinance No. 91500-A-395, E carrying Ordinance No. 91500-A-396, and F carrying Ordinance No. 91500-A-397. 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. 10. PUBLIC HEARING {Continued}: 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 advised the Public Hearing remains open from a prior meeting. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Jim Street, 345 Main, Lewisville, contractor of the home, addressed Council. Jill Watkins, 612 St. James, applicant, addressed the Council. There was a call for an Executive Session at this time. CM 110904 Page 4 of 18 EXECUTIVE SESSION (Closed to the Public) Convene Executive Session Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Stover convened into Executive Session at 7:33 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 7:40 p.m. and reopened the Regular Session. REGULAR SESSION (Open to the Public) Action: Councilmember York moved to close the Public Hearing. Councilmember Tunnell 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. There was a call for an Executive Session at this time. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session Section 551.071~ Texas Government Code - Consultation with City Attorney. Mayor Stover convened into Executive Session at 7:53 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 8:30 p.m. and reopened the Regular Session. Jim Witt, City Manager, left the meeting at this time and was replaced by Clay Phillips, Deputy City Manager. REGULAR SESSION (Open to the Public) CM 110904 Page 5 of 18 Action: Councilmember York moved to continue the item to the December 14, 2004 City Council meeting. 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. There was a short recess held at this time. Items 13 and 14 were considered at this time. Please see item for minutes. 11. PD-206-HO-R (Planned Retail), to allow the residential structure to property located alonE approximately 300 feet Road). PUBLIC HEARING: Consider approval of Case No. PD-206-HO-R, Conoboy Addition, zoning change request from HO-R (Historic Overlay-Retail) to Development-206-Historic Overlay- conversion of a 2,480-square-foot an office use on 0.4 of an acre of the west side of Coppell Road, south of Bethel Road (717 Coppell 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. John Smith, representing the applicant, addressed Council. Action: Councilmember York moved to close the Public Hearing and approve the following: CM 110904 Page 6 of 18 Item 11: Approval of Case No. PD-206-HO-R, Conoboy Addition, zoning change request from HO-R (Historic Overlay-Retail) to PD-206-HO-R (Planned Development-206-Historic Overlay-Retail), to allow the conversion of a 2,480-square-foot residential structure to an office use on 0.4 of an acre of property located along the west side of Coppell Road, approximately 300 feet south of Bethel Road (717 Coppell Road) subject to the following conditions: 1. A tree removal permit is required prior to start of construction. Refer to the Engineering comment sheet. A. Ensure positive drainage is maintained. B. A 17' drive width does not meet minimum subdivision standards. C. Ensure adequate maneuvering room in parking area. Item 12: Approval of the Conoboy Addition, Lot 1, Block A, Minor Plat, to allow an office building on 0.4 of an acre of property located along the west side of Coppell Road, approximately 300 feet south of Bethel Road (717 Coppell Road) subject to the following conditions: Compliance with Engineering PD comments. A. Ensure positive drainage is maintained. B. A 17' drive width does not meet minimum subdivision standards. C. Ensure adequate maneuvering room in parking area. Councilmember Peters 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. 12. Consider approval of the Conoboy Addition, Lot 1, Block A, Minor Plat, to allow an office building on 0.4 of an acre of property located along the west side of Coppell Road, approximately 300 feet south of Bethel Road (717 Coppell Road}. This item was discussed under Item 11. See Item 11 for minutes. CM 110904 Page 7 of 18 13. PUBLIC HEARING: Consider approval of Case No. PD-207-C, Ballet Academy of Texas, zoninl/[ chanl/ie request from C (Commercial) to PD-207-C (Planned Development-207-Commercial) to allow the construction of an 11,214-square-foot ballet studio on 1.17 acres of property located alonE the south side of Fitness Court, approximately 350 feet west 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. Mark Wainscott, 4815 Keller Springs, Addison, applicant, addressed the Council. Action: Councilmember York moved to close the Public Hearing on Item 13 and approve the following: Item 13: Case No. PD-207-C, Ballet Academy of Texas, zoning change request from C (Commercial) to PD-207-C (Planned Development-207- Commercial) to allow the construction of an l l,214-square-foot ballet studio on 1.17 acres of property located along the south side of Fitness Court, approximately 350 feet west of Denton Tap Road subject to the following conditions: Obtain permission from property owner to the south to extend driveways/fire lanes into their property. If permission cannot be procured, approval of the Fire Marshal of alternate fire protection is required. 2. Provide street width dimensions for Fitness Court. CM 110904 Page 8 of 18 Item 14: The Ballet Academy of Texas, Lot 1, Block A, Minor Plat, to allow a ballet studio on 1.17 acres of property located along the south side of Fitness Court, approximately 350 feet west of Denton Tap Road subject to the following conditions: Obtain written permission from property owner to the south to extend driveways/fire lanes into their property. If permission cannot be procured, approval of the Fire Marshal of alternate fire protection is required. Contact Larry Redick at (972) 323-8917 to discuss electric easement requirements and George Melindez at (972) 485- 6204 to discuss gas easement requirements. Adherence to the attached Engineering Department comments. Plat A. Provide 25' x 25' utility easement for water vault, not FDC easement. Preliminary Utility Plans A. Is the proposed 2" sprinkler system? water line adequate for fire Additional comments will be made during full engineering review. Mayor Pro Tem Raines seconded the motion, the motion carried 6-1 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Faught, Suhy and York voting in favor of the motion and Councilmember Tunnell voting against the motion. 14. Consider approval of the Ballet Academy of Texas, Lot 1, Block A, Minor Plat, to allow a ballet studio on 1.17 acres of property located along the south side of Fitness Court, approximately 350 feet west of Denton Tap Road. This item was discussed with Item 13. See Item 13 for minutes. CM 110904 Page 9 of 18 15. PUBLIC HEARING: Consider approval of Case No. S-1217-LI, Coppell South Substation, zoninE chanEe request from LI (LiEht Industrial) to S-1217-LI (Special Use Permit-1217-LiEht Industrial), to allow the construction of an electric substation on 4.3 acres of property located alonE the north side of Southwestern Boulevard, approximately 500 feet west of Coppell 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. Dallas Cothrum, representing the Applicant, addressed Council. Action: Councilmember Brancheau moved to close the Public Hearing and approve Case No. S-1217-LI, Coppell South Substation, zoning change request from LI (Light Industrial) to S-1217-LI (Special Use Permit-1217- Light Industrial), to allow the construction of an electric substation on 4.3 acres of property located along the north side of Southwestern Boulevard, approximately 500 feet west of Coppell Road. 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. 16. Consider approval of Coppell South Substation Addition, Lot 1, Block 1, Minor Plat, to allow an electric substation on 4.3 acres of property located alonE the north side of Southwestern Boulevard, approximately 500 feet west of Coppell Road. Action: Councilmember Brancheau moved to approve the Coppell South Substation Addition, Lot 1, Block 1, Minor Plat, to allow an electric substation on 4.3 acres of property located along the north side of Southwestern Boulevard, approximately 500 feet west of Coppell Road. Councilmember Suhy seconded the motion, the motion carried 7-0 with CM 110904 Page 10 of 18 Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell, Faught, Suhy and York voting in favor of the motion. 17. PUBLIC HEARING: Consider approval of Case No. PD-204-C, Cr~me de la Cr~me, zoninl/[ chanl/ie request from C (Commercial) to PD-204-C (Planned Development-204-Commercial) to allow the construction of a 20,425-square-foot day care center on 2.8 acres of property, located alonE the east side of Denton Tap Road, south of the Vintal/ie Car Wash. 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. Ken Griffin, Director of Engineering and Public Works, addressed traffic issues. Steve Siegfried, representing the Applicant, addressed Council. Action: Councilmember York moved to close the Public Hearing and approve Case No. PD-204-C, Cr~me de la Cr~me, zoning change request from C (Commercial) to PD-204-C (Planned Development-204-Commercial) to allow the construction of a 20,425-square-foot day care center on 2.8 acres of property, located along the east side of Denton Tap Road, south of the Vintage Car Wash subject to the following condition: In reparation for the trees removed for the median opening, the applicant shall either provide the City twenty 45-gallon Bald Cypress trees or transplant the existing trees to an existing park. (NOTED ON LANDSCAPE PLAN) Councilmember Tunnell 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. CM 110904 Page 11 of 18 18. PUBLIC HEARING: Consider approval of the TexasBank Addition, Lots 1R and 2R, Block A, Replat, to allow a day care center (Cr~me de la Cr~me) on Lot 2R, containinE approximately 2.8 acres of the approximate 5.3 acres of property located alonE the east side of Denton Tap Road, south of the VintaEe Car Wash. 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. Action: Councilmember Tunnell moved to close the Public Hearing and approve the TexasBank Addition, Lots 1R and 2R, Block A, Replat, to allow a day care center (Cr~me de la Cr~me) on Lot 2R, containing approximately 2.8 acres of the approximate 5.3 acres of property located along the east side of Denton Tap Road, south of the Vintage Car Wash. 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. 19. Consider approval of the Gateway Business Park No. 2, Lot 2, Block A {Avaya), Site Plan Amendment, to allow for the addition of three air conditioner chillers, an additional transformer and modification of the previously approved Eenerator plan on property located at 1111 Freeport Parkway. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Action: Councilmember York moved to approve the Gateway Business Park No. 2, Lot 2, Block A (Avaya), Site Plan Amendment, to allow for the addition of three air conditioner chillers, an additional transformer and CM 110904 Page 12 of 18 modification of the previously approved generator plan on property located at 1111 Freeport Parkway subject to the following conditions: 1. A tree removal permit will be required if trees are removed. 2. Abide by comments of other departments (Engineering). ao Co It appears this work may impact drainage in the area. There is both an 8" and a 3" water line in the proposed construction area. This work will require engineered drawings and a permit from the Engineering Department. 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. 20. Consider approval of the Sherrill Acres, Lot 3, Block 1 (Unificare}, Site Plan, to allow the construction of a 16,000- square-foot office buildint; on 1.65 acres of property located south of East Belt Line Road, approximately 9.,150 feet east of MacArthur Boulevard. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mike Allen, 109 W. Main, Lewisville, representing the Applicant, addressed Council. Action: Councilmember Tunnell moved to approve the Sherrill Acres, Lot 3, Block 1 (Unificare), Site Plan, to allow the construction of a 16,000- square-foot office building on 1.65 acres of property located south of East Belt Line Road, approximately 2,150 feet east of MacArthur Boulevard subject to the following condition: The applicant working with the Engineering Department to determine the design, construction and placement of the sign. CM 110904 Page 13 of 18 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. 21. Consider approval of the Rozas Addition, Lot 1, Block A, Site Plan, to allow the construction of a 6,514-square- foot dental/medical office buildinl/[ on 0.98 of an acre of property located alonl/[ the north side of Sandy Lake Road, approximately 280 feet east of Moore Road. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. John Boire, representing the Applicant, addressed the Council. Patrick Ahearne, Architect, addressed the tree issue. Dr. Rozas addressed Council regarding parking. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Stover convened into Executive Session at 10:15 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 10:25 p.m. and opened the Regular Session. REGULAR SESSION (Open to the Public) Action: Councilmember Suhy moved to approve the following: Item 21: The Rozas Addition, Lot 1, Block A, Site Plan, to allow the construction of a 6,514-square- foot dental/medical office building on 0.98 of an acre of CM 110904 Page 14 of 18 property located along the north side of Sandy Lake Road, approximately 280 feet east of Moore Road subject to the following condition: 1. A tree removal permit is required prior to construction. Item 22: The Rozas Addition, Lot 1, Block A, Minor Plat, to allow a dental/medical office building on 0.98 of an acre of property located along the north side of Sandy Lake Road, approximately 280 feet east of Moore Road subject to the following condition: Refer to Engineering comments: Plat A. Provide 25' x 25' utility easement over water vault as shown on Utility Plan. Councilmember Faught seconded the motion, the motion carried 5-2 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Faught and Suhy voting in favor of the motion and Councilmembers Tunnell and York voting against the motion. 22. Consider approval of the Rozas Addition, Lot 1, Block A, Minor Plat, to allow a dental/medical office building on 0.98 of an acre of property located along the north side of Sandy Lake Road, approximately 1280 feet east of Moore Road. This item was discussed with Item 21. See Item 21 for minutes. 23. Necessary action resulting from Work Session. There was no action necessary under this item. 24. Mayor and Council Reports. A. Report by Mayor Stover Be Ce regarding Metroplex Mayors' Meeting. Report by Mayor Stover regarding meeting with newly elected Representative Jim Jackson. Report by Councilmember Peters regarding TML Annual Conference. CM 110904 Page 15 of 18 ao Bo Co Mayor Stover reported on the Metroplex Mayors' Meeting he and Jim Witt, City Manager, attended on November 9, 2004. The Mexican General Consulate was the speaker. Mayor Stover reported on the meeting he, Councilmember Peters and Deputy City Manager Clay Phillips had with Representative Jim Jackson on November 1, 2004. Councilmember Peters reported on the TML Annual Conference she, Mayor Pro Tem Raines, and Councilmembers Brancheau, Faught, Suhy, City Manager Witt, Deputy City Manager Phillips along with several staff members attended. 25. Council Committee Reports. A. Carrollton/Farmers Branch ISD/Lewisville ISD - Mayor Pro Tem Raines. Coppell ISD - Mayor Pro Tem Raines and Councilmember Suhy. Coppell Seniors - Councilmember York. Dallas Rel/iional Mobility Coalition Peters. Economic Development Committee Faul/iht and Tunnell. - Councilmember Councilmembers Metrocrest Hospital Authority - Councilmember Tunnell. Councilmember Metrocrest Medical Foundation Brancheau Metrocrest Social Service Center Brancheau. North Texas Council of Governments Tunnell. - Councilmember Councilmember NTCOG / Rel/iional Em erl/ien cy Manal/iement Councilmember Suhy North Texas Commission - Councilmember Peters. Senior Adult Services - Councilmember Faul/iht. Town Center/Architectural Committee - Councilmember Faught. Trinity River Common Vision Commission Councilmember Faught. Trinity Trail Advisory Commission Mayor Pro Tem Raines. A. There was nothing to report on this item. CM 110904 Page 16 of 18 Bo ao Fo Ho Jo Ko Mo There was nothing to report on this item. There was nothing to report on this item. Councilmember Peters announced that the Dallas Regional Mobility Coalition continues to form their legislative policies. One of the items discussed were the school finance issues. The Texas Transportation Committee met on November 18, 2004 to discuss the Texas Metropolitan Mobility Plan and the current lawsuit involving the EPA. Councilmember Faught reported on the meeting held on October 3, 2004. He also reported on the special meeting held on October 20, 2004. The main item of discussion at the special meeting was strategic planning. There was nothing to report on this item. Councilmember Brancheau reported on the Metrocrest Medical Foundation meeting he attended on November 9, 2004. The main item of discussion was the upcoming grants to be distributed. There was nothing to report on this item. Councilmember Tunnell reported on the North Texas Council of Government meeting she attended. Councilmember Suhy announced that the City of Coppell was appointed to the NTCOG/Regional Emergency Management. The orientation was held at the first meeting on November 5, 2004. Councilmember Suhy announced that John Patterson, Emergency Management Officer, has been appointed to the Regional Emergency Preparedness Advisory Committee. There was nothing to report on this item. Councilmember Faught reported on the Senior Adult Services meeting he attended. The main item of discussion was the Annual Report released on October 29, 2004 and the "Bookworm Bash", which raised over $5,000.00. The Senior Adult Services meeting also held a "You and Your Aging Parent" Seminar at the First United Methodist Church on October 30, 2004. There was nothing to report on this item. CM 110904 Page 17 of 18 26. N. There was nothing to report on this item. O. There was nothing to report on this item. Necessary Action Resulting from Executive Session. There was no action necessary under this item. There being no further business to come before was adjourned. ~ .las~~N~~ D~'~ . S~over, ATTEST: the City Council, the meeting Mayor '~'-'/Lib~y Ball~ di~y ~ecretary CMl 10904 Page 18 of 18