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CM 1994-01-11 MINUTES OF JANUARY 11, 1994 The City Council of the City of Coppell met in Regular Called Session on Tuesday, January 11, 1994 at 6:00 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Tom Morton, Mayor - Ron Robertson, Mayor Pro Tem Peyton Weaver, Councilmember Flo McFadden Stably, Councilmember Danny L. Watson, Councilmember Mitch Reitman, Councilmember (late arrival) Lanny Mayo, Councilmember Jim Garrison, Councilmember Also present were City Manager Jim Witt, City Secretary Dorothy Timmons and City Attorney Peter G. Smith. REGULAR SESSION (Open to the Public) 1. Call to order Mayor Morton called the meeting to order and adjourned into Executive Session. EXECUTIVE SESSION (Closed to the Public) -- 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Briefing regarding zoning. 2. Phillip Robertson, Jr. vs. the City of Coppell, et al. 3. J.E. Thompson vs. City of Coppell, et al. B. Section 551.072, Texas Government Code - Deliberation regarding real property. 1. Land acquisitions. Mayor Morton convened into Executive Session at 6:01 p.m. as allowed under the above-stated article. Mayor Morton adjourned the Executive Session at 7:02 p.m. and opened the Work Session. Councilmember Reitman arrived during Executive Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Status of Master Plan Update. B. Multi-Family Residential Height Regulation guidelines. C. Discussion of remaining agenda items. CM011194 Page 1 of 10 REGULAR SESSION (Open to the Public) 4. Reconvene Regular Session 5. Invocation Mayor Pro Tem Robertson led those present in the Invocation. 6. Pledge of Allegiance Mayor Morton led those present in the Pledge of Allegiance. Mayor Morton announced the death of Mr. Grace who was the last living member of the first City Council of the City of Coppell. 7. Citizen's Appearance There were no citizens appearing under this item. Mayor Morton declared that Items 13, 14, 17, 18, 19, 24 and 25 were pulled from the agenda due to an administrative error. Items 11 and 32 (except D), were considered at this time. See Items 11 and 32 (except D), below for minutes. 8. Swearing into office of George Nichols as an alternate member to the Board of Adjustment, whose term will expire October, 1995. Mayor Morton sworn George Nichols into office as an alternate member to the Board of Adjustment, whose term will expire October, 1995. Items 12, 15, 16, 20, 21 and 22 were considered at this time. See Items 12, 15, 16, 20, 21 and 22 below for minutes. 9. Consideration and acceptance of the Comprehensive Annual Financial report for the fiscal year ended September 30, 1993. Alan Johnson, Interim Finance Director, made a presentation to the Council indicating that the audit was completed by the firm of Weaver & Tidwell. Doug Furra, of Weaver & Tidwell addressed the Council. Councilmember Mayo moved to accept the Comprehensive Annual Financial report for the fiscal year ended September 30, 1993. Councilmember Watson seconded the motion; the motion carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Weaver, Stably, Watson, Reitman, Mayo, and Garrison voting in favor of the motion. 10. Presentation of the Certificate of Achievement for Excellence in Financial Reporting to the City for its Comprehensive Annual Financial Report for the fiscal year ended September 30, 1993. CM011194 Page2 oflO Doug Furra, of Weaver & Tidwell, presented a Certificate of Achievement for Excellence in Financial Reporting to the City for its Comprehensive Annual Financial Report for the fiscal year ended September 30, 1993. No action was required on this item. 11. Consideration and approval of Status of Master Plan Update and request of Planning and Zoning Commission to take appropriate action to finalize completion of said Plan. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Councilmember Weaver moved to instruct the Planning & Zoning Commission to complete the amendments to the Master Plan and to proceed with any and all public hearings to determine appropriate zoning for specific tracts and to recommend revision to our zoning ordinance and to complete within ninety days. Councilmember Mayo seconded the motion; the motion carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Weaver, Stably, Watson, Reitman, Mayo, and Garrison voting in favor of the motion. 12. Consideration and approval of an Ordinance to abandon an existing right-of- way containing approximately 1.17 acres and commonly known as Fairway Drive (Tract C), an existing right-of-way containing approximately .87 acres and commonly known as Riverchase Drive extension (Tract B), in exchange for the conveyance of an approximate 2.5 acre tract (Tract A) for future City of Coppell use, and authorizing the Mayor to sign. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Pro Tem Robertson moved to deny an Ordinance to abandon an existing right-of-way containing approximately 1.17 acres and commonly known as Fairway Drive (Tract C), an existing right-of-way containing approximately .87 acres and commonly known as Riverchase Drive extension (Tract B), in exchange for the conveyance of an approximate 2.5 acre tract (Tract A) for future City of Coppell use. Councilmember Reitman seconded the motion; the motion to deny carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Weaver, Stahly, Watson, Reitman, Mayo, and Garrison voting in favor of the motion. 13. PUBLIC HEARING: Consideration and approval to amend Section 19, Multi- Family Residential Two District Regulations, and specifically, Section 19-2, Height Regulations, changing the guidelines from forty-five (45) feet nor more than three (3) stories high to thirty-five (35) feet nor more than two (2) stories high; and deleting a portion of Section 19-3, Area Regulations specifically Section 19-3-D, last sentence which reads: No three (3) story structures are permitted within 100 feet of a single family residential zoning district line or single family use. This item was pulled from the agenda. 14. Consideration and approval of an ordinance approving changes to the Comprehensive Zoning Ordinance addressing height of apartments in MF-2 zoning districts and authorizing the Mayor to sign. This item was pulled from the agenda. 15. PUBLIC HEARING: Consideration and approval of S-1072, Special Use Permit request for Blooming Color Landscape Nursery, to change the zoning from LI (Light Industrial) to L.I.S.U.P., located along the south side of clvlo11194 Page3 oflO Beltline, 1,650 feet east of MacArthur Boulevard, at the request of Mr. Barry Johnson. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Morton opened the Public Hearing and asked for those persons wishing to speak against this proposal. There were none. He then asked for those persons wishing to speak in favor of this proposal. Again, there were none. Mayor Morton then closed the Public Hearing. Barry Johnson, 1002 Rolling Brook, Applicant, made a presentation to the Council. Mayor Pro Tem Robertson moved to approve S-1072, Special Use Permit request for Blooming Color Landscape Nursery, to change the zoning from LI (Light Industrial) to L.I.S.U.P., located along the south side of Beltline, 1650 feet east of MacArthur Boulevard in accordance with the color rendering to be attached to the ordinance. Councilmember Garrison seconded the motion; the motion carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Weaver, Stahly, Watson, Reitman, Mayo, and Garrison voting in favor of the motion. 16. Consideration and approval of Blooming Colors Nursery Addition, Preliminary Plat, located along the south side of Beltline, 1,650 feet east of MacArthur Boulevard, at the request of Mr. Barry Johnson. After motion and reconsideration of motion, Councilmember Mayo moved to approve Blooming Colors Nursery Addition, Preliminary Plat, located along the south side of Beltline, 1,650 feet east of MacArthur Boulevard, subject to the site plan and the following conditions: 1) if, for some reason, the water and sewer line is not extended across, Blooming Colors will extend same to their eastern property line and 2) that the 30-foot easement on the back side of the property not be a requirement of plat approval. Councilmember Garrison seconded the motion; the motion carried 5-2 with Councilmembers Weaver, Stahly, Reitman, Mayo, and Garrison voting in favor of the motion and Mayor Pro Tem Robertson and Councilmember Watson voting against the motion. 17. PUBLIC HEARING: Consideration and approval of a text amendment to the Comprehensive Zoning Ordinance, allowing the operation of on-premise management structures, in the (LI) Light Industrial zoning district; Section 30-12. This item was pulled from the agenda. 18. Consideration and approval of an ordinance approving changes to the Comprehensive Zoning Ordinance, addressing the operation of an on-premise management structures in the (LI) Light Industrial District and authorizing the Mayor to sign. This item was pulled from the agenda. 19. PUBLIC HEARING: Consideration and approval of S-1075, Special Use Permit request for Valley Ranch Self Storage, to change the zoning from LI (Light Industrial) to L.I.S.U.P., to allow the operation of an on-site management facility, located along the south side of Beltline, 1,320 feet east of MacArthur Boulevard, at the request of Robert H. Goss and Robert D. Blacketer. This item was pulled from the agenda. CM011194 Page 4 ofl0 20. Consideration and approval of Valley Ranch Self Storage Addition, Preliminary Plat, located along the south side of Beltline, 1,320 feet east of MacArthur Boulevard, at the request of Robert Gross. Gary Sicb, Director of Planning and Community Services made a presentation to the Council. Councilmember Reitman moved to approve Valley Ranch Self Storage Addition, Preliminary Plat, located along the south side of Beltline, 1,320 feet east of MacArthur Boulevard with the following conditions: 1) if, for some reason, the Valley Ranch Baptist Church fails to develop, then the Valley Ranch Self Storage will be required to extend the water and sanitary sewer line from its existing location at the Tom Thumb Shopping Center to the site; and 2) that the 30-foot easement on the back side of the property not be a requirement of plat approval. Councilmember Mayo seconded the motion; the motion carried 5-2 with Councilmembers Weaver, Stably, Reitman, Mayo, and Garrison voting in favor of the motion and Mayor Pro Tem Robertson and Councilmember Watson voting against the motion. 21. Consideration and approval of Valley Ranch Baptist Church Addition, Preliminary Plat, located along the south side of Beltline, 825 feet east of MacArthur Boulevard, at the request of Jim Riley. Councilmember Mayo moved to approve the Valley Ranch Baptist Church Addition, Preliminary Plat, located along the south side of Beltline, 825 feet east of MacArthur Boulevard with the following conditions: 1) the building must be fully sprinklered; 2) as new buildings are added to the platted site, fire lanes must be replatted prior to construction of any additional structure; 3) applicant comply with the Streetscape Plan; and 4) that the 30-foot easement on the back side of the property not be a requirement of plat approval. Councilmember Garrison seconded the motion; the motion carried 5-2 with Councilmembers Weaver, Stably, Reitman, Mayo, and Garrison voting in favor of the motion and Mayor Pro Tem Robertson and Councilmember Watson voting against the motion. 22. PUBLIC HEARING: Consideration and approval of S-1073, Special Use Permit site plan for a driving range, to change the zoning from A to A.S.U.P., located at the northwest corner of I.H. 635W and Beltline, at the request of Mr. William Powell. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council and discussed this applicant's request that this be a temporary S.U.P. Mayor Morton opened the Public Hearing and asked for those persons wishing to speak against this proposal. There were none. He then asked for those persons wishing to speak in favor of this proposal. Again, there were none. William Powell, Applicant, made a presentation to the Council. Councilmember Reitman moved to leave the public hearing open and continue to the February 8, 1994 City Council Meeting. Councilmember Stahly seconded the motion; the motion carded 7-0 with Mayor Pro Tern Robertson and Councilmembers Weaver, Stably, Watson, Reitman, Mayo, and Garrison voting in favor of the motion. Items 9 and 10 were considered at this time. See Items 9 and 10 above for minutes. 23. PUBLIC HEARING: Consideration and approval of the Replat of Lake Park Addition, Block E, Lots 10-14, 17, 19-22, 24-25, located west of MacArthur Boulevard, along DeForest Road and Lake Park Drive, at the request of Glen Hinckley. Councilmember Reitman filed a conflict of interest and abstained from discussion or voting on this item. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Morton opened the Public Hearing and asked for those persons wishing to CM011194 Page 5 of 10 speak against this proposal. There were none. He then asked for those persons wishing to speak in favor of this proposal. Jeffrey Dixon, 559 Lake Park Drive and Dan Boyer, 591 Lake Park Drive indicated their desire to have this item apProved. Mayor Morton then closed the Public Hearing. Bill, Dalstrom, representing Univest, made a presentation to the Council. Glen Hinckey, representing Univest, addressed the Council. Following motion to deny which died for lack of second, Mayor Pro Tem Robertson moved to approve the Replat of Lake Park Addition, Block E, Lots 10-14, 17, 19-22, 24-25, located west of MacArthur Boulevard, along DeForest Road and Lake Park Drive with the following conditions: 1) the maintenance agreement to show on the face of the plat; 2) on page two of the plat under Tract II, legal description, last line should read (8,983 square feet); and 3) on page two of the plat, the paragraph following the legal description for Tract IV should have the language "Univest Properties, Inc., et al" changed to read "The Property Owners described herein" and that the 10 foot easement be removed when the plat is redone due to the easement having been abandoned previously. Councilmember Garrison seconded the motion; the motion carried 5-1 with Mayor Pro Tern Robertson and Councilmembers Weaver, Stahly, Mayo, and Garrison voting in favor of the motion and Councilmember Watson voting against the motion. 24. PUBLIC HEARING: Consideration and approval to amend Section 31, Parking Standards, and specifically amend 31-6, item number 28, changing the parking requirement from one (1) parking space for each one hundred (100) square feet of floor area to one and one-half (11/2) parking spaces for each one hundred (100) gross square feet of floor area. This item was pulled from the agenda. 25. Consideration and approval of an ordinance approving changes to the Comprehensive Zoning Ordinance, addressing parking requirements for restaurant uses and authorizing the Mayor to sign -~ This item was pulled from the agenda. 26. Consideration and approval of Riverchase Plaza, Preliminary Plat, located along the northeast corner of Beltline Road and MacArthur Boulevard, at the request of Riverchase Plaza, Ltd. Councilmember Reitman rejoined participation in the meeting at this point. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Don Penney, Applicant, addressed the Council regarding the project. After discussion, motion and reconsideration of motion, Councilmember Weaver moved to approve Riverchase Plaza, Preliminary Plat, located along the northeast comer of Beltline Road and MacArthur Boulevard with the following conditions: 1) the proposed 15-foot utility easement south of Riverchase Drive should be a minimum 20-foot wide; 2) a more detailed drainage study will be required before a final plat can be reviewed; 3) modification of MacArthur Boulevard median; 4) additional stacking in median with regard to southbound MacArthur traffic; 5) right turn only into the property at the southwest corner; and 6) a right turn lane from MacArthur Boulevard tO Riverchase Drive, as volunteered by the applicant. Councilmember Reitman seconded the motion; the motion carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Weaver, Stahly, Watson, Reitman, Mayo, and Garrison voting in favor of the motion. Item 32 D was considered at this time. See Item 32 D below for minutes. CM011194 Page 6 oflO 27. A. Consideration of acceptance of the resignation of Melinda Reitman from the Cable Review Board. Councilmember Garrison moved to accept the resignation of Melinda Reitman from the Cable Review Board. Mayor Pro Tem Robertson seconded the motion; the motion carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Weaver, Stably, Watson, Reitman, Mayo, and Garrison voting in favor of the motion. B. Discussion and consideration of naming an individual to fill the position left vacant by the resignation of Melinda Reitman, whose term expires in October, 1994. After lengthy discussion and several motions made and withdrawn, Councilmember Garrison moved to reopen the process and request that formal request be put out for persons interested in serving on the Cable Review Board to fill out a formal application and bring this item back to the Council the first meeting in March. Councilmember Reitman seconded the motion; the motion carried 6-1 with Mayor Pro Tern Robertson and Councilmembers Weaver, Stahly, Watson, Reitman, Mayo, and Garrison voting in favor of the motion. 28. Necessary Action resulting from Executive Session. No action was necessary under this item. 29. City Manager's Report. Jim Witt, City Manager, issued a thank you to the staff and citizens for welcoming him to the City of Coppell. 30. Mayor's Report. A. Mayor Morton stated he had again received a request from the Greater Dallas Motion Picture Classification Board for a citizen to serve as a member. B. Mayor Morton addressed a letter he had received from Charles Sturges regarding a ditch in Devonshire and the Mayor requested staff to look at the ditch and see about cleaning it up. C. Councilmember Garrison reminded everyone about the sports spectacular -- The Coppell Gala -- to be held on March 5, 1994. D. Councilmember Weaver indicated his desire for Council to make a formal request to the City of Lewisville to proceed with the improvement to Denton Tap Road. Consensus of Council was to make a formal request. E. Councilmember Weaver passed some paperwork to the City Manager for distribution to staff regarding a presentation made by Lou Duggan and asked that staff follow up. 31. Liaison Reports. Recycling Committee -- Councilmember Garrison requested that Lambert's Nursery be given a certificate for their assistance in the tree mulching. CM011194 7 ofl0 Economic Development Board -- Councilmember Garrison announced that a meeting was held with the Chamber. Councilmember Stably shared with the Council a new map and pocket community profile. Park Board -- Councilmember Mayo stated that by the end of the week work will begin at Andrew Brown, Jr. Park and that it will be a 12 to 14-month project. The Park Board is proceeding with the Park Master Plan and hopefully Council will see that in February. Data Processing Committee -- Councilmember Reitman indicated that Data Processing had met and that they had received a final report from Arthur Anderson. Councilmember Weaver stated he was pleased with the work done on the report. Municipal Utility District -- Councilmember Reitman stated that MUD had met and that he felt that things were going smoothly. YMCA -- Councilmember Stably announced that the basketball program is in progress. The YMCA will be kicking off their sustaining drive January 21, 1994 and there will be a celebration of the new facility on January 22, 1994. Office on Aging -- Councilmember Stably indicated that the 7th Annual Infofair will be held February 8, 1994. Library Board -- Councilmember Weaver announced that the bidding documents are out on the street for the new library and that they will be back before the second meeting in February. D/FW Airport Expansion -- Councilmember Weaver announced the resignation of Vernell Sturns as Executive Director of the airport and Mr. Fegan has been appointed to serve in the interim. City-Wide Storm Water Management Plan -- Councilmember Weaver indicated that the committee needs to look into the drainage problem at Devonshire. CONSENT AGENDA 32. Consider approval of the following consent agenda items: A. Consider approval of minutes: December 14, 1993 B. Consideration and approval of a resolution adopting guidelines, criteria and procedure for tax abatement agreements and authorizing the Mayor to sign. C. Consideration and approval of an Ordinance of the City of Coppell, Texas approving an amendment to the budget for the Fiscal Year October 1, 1993 through September 30, 1994, in the amount of $214,050.00 for the General Fund and $12,300.00 for the Water and Sewer Fund and authorizing the Mayor to sign. D. Consideration of approving a contract with O'Brien Engineering to provide professional engineering services associated with the design of channel improvements for stream G6 generally located north of Bethel School Road and east of Moore Road in the amount of $28,700 and authorizing the Mayor to sign. E. Consideration and approval of granting a variance to the Sign Ordinance allowing thirty (30) signs to be placed in various locations around the City from January 14th through January 30th advertising CM011194 Page 8 of 10 the forthcoming Coppell Gala on March 5, 1994, and waiving all applicable fees. F. Consideration of approving the removal of a stop sign on Cowboy Drive at its intersection with Parkway Boulevard, and replacing it with a yield sign. G. Consideration and approval of North Lake Woodlands, Block 1, Lots 5-10, Final Plat, located along the east side of Rolling Hills Road, south of Bethel School Road, at the request of NLW Engineering. H. Consideration and approval of Riverside Church of Christ, Final Plat, located at the northwest corner of Beltline Road and North Lake Drive (east of Denton Tap Road), at the request of John E. Hawkins & Associates, Inc. I. Consideration and approval of awarding bid Number Q-1193-01 for the purchase of vehicles to Lee Jarmon Ford, Inc. in an amount not to exceed $78,338.50 for items#2,#3, and#4; and to Ted Arendale Ford in an amount not to exceed $19,592.00 for item#1. J. Consideration of awarding a bid for the purchase of water meters to various firms not to exceed $50,000.00. K. Consideration and approval to reject all bids for Bid Number Q-1193-04 for site excavation for Andrew Brown, Jr. Community Park, east of Denton Tap Road. L. Consideration and approval of an ordinance abandoning the north one (1) foot of an existing 7.5 foot water easement on the south side of Lot 5, Block H, Section Revised Braewood West Addition. M. Consideration of providing funding for the installation of a sidewalk between Parkview and Stonemeade subdivision along the north side of Parkway Boulevard, in the amount of $3,500.00. N. Consideration and approval of extending present contract for pocket pagers to Southwestern Bell Paging Services in an estimated annual amount of $2,034.24. O. Consideration and approval of an ordinance amending Ordinance 341 of the Subdivision Regulations of the City of Coppell as amended, by adopting the Streetscape Plan as Appendix D and authorizing the Mayor to sign. Councilmember Garrison moved to approve Item 32 A, B carrying Resolution No. 011194.1, C carrying Ordinance No. 94635, E, F, G, H, I, J, K, L carrying Ordinance No. 94636, M, N and O carrying Ordinance No. 341-A-1. Mayor Pro Tern Robertson seconded the motion; the motion carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Weaver, Stahly, Watson, Reitman, Mayo, and Garrison voting in favor of the motion. Item 32 D -- Ken Griffin, City Engineer, answered questions of Council regarding this item. Councilmember Reitman moved to approve Item 32 D. Councilmember Weaver seconded the motion; the motion carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Weaver, Stahly, Watson, Reitman, Mayo, and Garrison voting in favor of the motion. CM011194 Page 9 of 10 Mayor Morton acknowledged and gave thanks to the technical support for the televising of the meeting to Lynn Romeo of the Finance Department and Peggy Quinn of the Cable Review Board. There being no further business to come before the City Council, the meeting was adjourned. Tom Morton, Mayor ATTEST: Dorothy Timmons,City Secretary CM011194 Page 10 of 10