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CM 1994-02-08 MINUTES OF FEBRUARY 8, 1994 The City Council of the City of Coppell met in Regular Called Session on Tuesday, February 8, 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 Stahly, 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. Review of Grapevine Annexation proceedings 2. J.E. Thompson vs. City of Coppell, et al B. Section 551.072, Texas Government Code - Deliberation regarding real property. 1. Discussion of potential adjustment in boundary between the City of Coppell and the City of Lewisville. 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 7:14 p.m. and opened the Work Session. Councilmember Reitman arrived during Executive Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Sanitary sewer improvements associated with the Sandy Lake Road ~ Project from Denton Tap to MaeArthur Blvd. Report by City Manager and City Engineer. B. South Beltline Utility Extension report by City Manager and City Engineer. C. Parks, Recreation, and Open Space Master Plan. CM020894 Page 1 of 8 6 ;i0 '.;. '7 REGULAR SESSION (Open to the Public) 4. Reconvene Regular Session Mayor Morton re. convened the Regular Session. 5. Invocation Councilmember Reitman led those present in the Invocation. 6. Pledge of Allegiance Mayor Morton led those present in the Pledge of Allegiance. 7. Citizen's Appearances A. Kent Moore, 400 Southwestern, informed Council that he had just read 1979 through 1986 issues of the newspapers and he discussed legal fees and the fact that he feels that legal fees are excessive. Council was requested to solve the MUD issue without a lawsuit. B. Barbara Austin, 632 E. Sandy Lake Road; Tim House, 400 Parkview; Bill Anderson, 327 Tanglewood; Mark Wainscott, Midway Road, Dallas; Nettie Long, 836 DeForest; Jack Bommarito, 834 Lockhaven; Ed Thomas, 721 Greenway Drive and Mary Lynn Anderson, 625 Andover addressed the Council concerning the absorption of the MUD into the City. The Consent Agenda was considered at this time. See Item #20 for minutes. 8. PUBLIC HEARING: Consideration and approval of the Second Replat of Valley Ranch Center, Block 1, Lots B-R1 and B-R2, located at the southeast corner of MacArthur Boulevard and Beltline Road, at the request of Winklemann & Associates, Inc. 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. Councilmember Weaver moved to approve the Second Replat of Valley Ranch Center, Block 1, Lots B-R1 and B-R2, located at the southeast corner of MacArthur Boulevard and Beltline Road. Councilmember Reitman 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. 9. PUBLIC HEARING: Consideration and approval of S-1076, Special Use Permit for Boston Chicken, to change the zoning from LI (Light Industrial) to LI.S.U.P. (Light Industrial Special Use Permit), located along the southeast corner of MacArthur Boulevard and Beltline Road, at the request of Winklemann & Associates, Inc., and a report by the Director of Planning and Community Services. CM020894 Page 2 of 8 Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Morton opened the Public Heating 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. Dane Riddenhour, Architect, addressed the Council regarding the project. Mayor Morton then closed the Public Hearing. Mayor Pro Tem Robertson moved to approve S-1076 Special Use Permit for Boston Chicken, to change the zoning from LI (Light Industrial) to LI.S.U.P. (Light Industrial, Special Use Permit), located along the southeast corner of MacArthur Boulevard and Beltline Road, subject to the following conditions: 1) all required parking be provided on-site, 2) additional off-site parking be immediately adjacent to this site to the south, and 3) subject to the site plan, landscape plan, and conceptual drawing. Councilmember Mayo seconded the motion; the motion carded 7-0 with Mayor Pro Tem Robertson and Councilmembers Weaver, Stahly, Watson, Reitman, Mayo, and Garrison voting in favor of the motion. 10. PUBLIC HEARING: Consideration and approval of Case No. S-1073, Special Use Permit site plan for a drive range, to change the zoning from A (Agricultural) to A.S.U.P. (Agricultural Special Use Permi0, located at the northwest corner of I.H. 635W and Beltline, at the request of Mr. William Powell and a report by the Director of Planning and Community Services.) The Mayor reminded Council that the Public Hearing on this item remains open from the January 11, 1994 Council Meeting. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. After lengthy discussion, motion and withdrawal of motion, Councilmember Garrison moved to continue to hold the public heating open to February 22, 1994. 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. After Council considered Agenda Items 11, 12, 13, 14 and 15, a motion for reconsideration was made on Item 10, and with the public hearing still open, Bill Powell, Applicant, 2069 Camelot, Lewisville, addressed the Council concerning the driving range. David McCallum, 316 Parkview Place expressed his views against making exceptions to public policies. Mayor Morton closed the Public Hearing. After considerable discussion, Mayor Pro Tem Robertson moved to consider the approval of Case S-1073, Special Use Permit site plan for a driving range, to change the zoning from A (Agricultural) to A.S.U.P. (Agricultural, Special Use Permit), located at the northwest corner of I.H. 635W and Beltline with the following conditions: 1) that the site plan must reflect the location of inlets on Beltline Road, 2) that the approval of the City Council requesting that the waiver of the sidewalk requirements, and 3) the site plan should reflect the requirements of the Streetscape Plan, and 4) that the applicant would be allowed to install a 6- inch water line and a 4-inch sewer line from his property to the connection of Beltline Road at his expense and that the City shall have no responsibility for the line and a hold harmless agreement would be executed between the City of Coppell and the Applicant that the line is not part of the City of Coppell nor will it be maintained by the City of Coppell in any way now or in the future. Councilmember Watson seconded the motion; the motion failed 2-5 with Mayor Pro Tem Robertson and Councilmember Watson voting in favor of the motion and Councilmembers Weaver, Stahly, Reitman, Mayo, and Garrison voting against the motion. 11. Discussion and consideration of sanitary sewer improvements. Report by the City Manager and the City Engineer. City Manager Jim Witt addressed the Council regarding this issue. Councilmember Stahly moved to form a MUD Sanitary Task Force comprised of the current City Council Liaisons Reitman and Garrison plus Councilmember Weaver, two members of the MUD Board and two citizens. Said task force is to bring a preliminary report back to Council in 45-days. Mayor Pro Tern Robertson seconded the motion; the motion carried 7-0 with Mayor Pro Tern Robenson and Councilmembers Weaver, Stably, Watson, Reitman, Mayo, and Garrison voting in favor of the motion. CM020894 Page 3 of 8 12. Consider approval of a resolution providing for the adoption of the Parks, Recreation, and Open Space Master Plan and a report by the Chairperson of the Parks and Recreation Board and City Staff. Amy Smith, Chairperson of the Park and Recreation Board, 313 Morning Mist, presented to the Council the Parks, Recreation and Open Space Master Plan. Rick Wieland, Manager of Parks and Recreation, asked the Council to review the document and make comments, corrections, etc. and come back on February 22, 1994 for consideration. Councilmembers Mayo and Reitman commended the work done on the plan. Mayor Morton requested that several copies of the document be placed in the Library for the public to review. The first public hearing will be held on March 23, 1994 at 7:30 p.m. at City Hall. Councilmember Mayo moved to approve Resolution No. 020894.1 approving the Parks, Recreation and Open Space Master Plan and Five-Year Plan, and providing for an annual review on the 5-year plan. Councilmember Watson 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. The annual review date on the 5-year plan was set at February 8th. 13. Consider approval of a resolution providing for the adoption of prevailing wage rates as required under House Bill 560, and authorizing the Mayor to sign. Report by the City Manager. City Manager Jim Witt made a presentation to the Council. Councilmember Reitman moved to approve Resolution No. 020894.2 adopting prevailing wage rates under House Bill 560, and authorizing the Mayor to sign. Councilmember Weaver 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. 14. Consideration and approval to award a bid in the amount of $2,094,300.00 for -- construction of the Coppell Public Library, located along Heartz Road, to Diversified Construction Services. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Councilmember Weaver moved to award a bid in the amount of $2,094,300.00 for construction of the Coppell Public Library, located along Heartz Road, to Diversified Construction Services, Inc. Councilmember Reitman 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. 15. Authorization to proceed to develop an agreement between Ray and Associates and the City of Coppell to complete a salary survey and related work. City Manager Jim Witt made a presentation to the Council. Mayor Pro Tern Robertson moved to proceed to develop an agreement between Ray and Associate and the City of Coppell to complete a salary survey and related work. Councilmember Weaver 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. At this time Item 10 was reconsidered. See Item 10 above for minutes. 16. Necessary Action resulting from Executive Session. Mayor Pro Tem Robertson moved to authorize the City Manager and City Attorney to offer a settlement to Johnny Thompson, Steve Kimbell and Adrian Moore regarding the water line and CM020894 Page 4 of 8 the annexation issue subject to final approval by the City of Coppell. Councilmember Watson seconded the motion; the motion carried 4-3 with Mayor Pro Tem Robertson and Councilmembers Stably, Watson, and Reitman, voting in favor of the motion and Councilmembers Weaver, Mayo and Garrison voting against the motion. Consent Agenda Items 20 C and H were considered at this time. - 17. City Manager's Report. A. Trail Development - Denton Creek and Grapevine Creek. B. Future Development. City Manager Jim Witt discussed the plans for trail development around Denton Creek and Grapevine Creek and future development. It was advised to adopt the Subdivision Regulations being revised by the Engineering Staff which should be brought before the Council in March. 18. Mayor's Report. A. Mayor Morton discussed a change in the layout of the City Council Chambers to move the City Secretary and City Attorney to the front of the Council. Consensus of Council was to place this on the Consent Agenda for the next meeting with an amount not to exceed $4,480.00. B. Mayor Morton discussed the telephone at Kid Country and it was stated that this should be installed around March 1, 1994. Councilmember Reitman informed Council that there was a great amount of support from the Park Board in favor of this issue. C. Mayor Morton announced that the citizens who will serve on the MUD Task Force will be Tim House and Bill Anderson. 19. Liaison Reports. Citizen's Recognition Commission - Councilmember Stably announced that there will be a reception honoring former Mayor and Councilmembers on February 22, 1994 at 7:00 p.m. in the Atrium Area of Town Center. Office on Aging -- Councilmember Stahly stated that she had attended the Infofair and announced that there will be a garage sale on April 16, 1994 if anyone has any donations. Income tax preparation is available to senior adults by calling the Office on Aging. Economic & Business Development Board -- Councilmember Stahly informed Council that the Board met and discussed foreign trade zones. D/FW Airport Expansion -- Councilmember Stahly attended the Noise Forum and announced that progress is being made in an effective Noise Abatement Program. YMCA -- Councilmember Stahly stated that the sustaining drive is being concluded and asked for the community support. Park Board -- Councilmember Reitman attended the Park Board meeting where the Master Plan was discussed. Councilmember Reitman expressed his desire for the City to get behind the Task Force being formed for the MUD issue. CM020894 Page 5 of 8 Finance Committee -- Mayor Pro Tern Robertson stated that the Finance Committee had held two meetings. CONSENT AGENDA 20. Consider approval of the following consent agenda items: A. Consider approval of minutes: January 25, 1994 - B. Consider approval of a Resolution adopting an order calling an Election for Municipal Officers to be held Saturday, May 7, 1994 and authorizing the Mayor to sign. C. Discussion and consideration of amending the contract with Rady and Associates for the design of Sandy Lake Road from MacArthur Blvd. to Denton Tap Road in the amount of $10,000.00 and authorizing the Mayor to sign. D. Consideration of an ordinance abandoning a sanitary sewer easement located in Stonemeade Estates and authorizing the Mayor to sign. E. Consideration of an ordinance for Case S-1074 to change the zoning designation from C (Commercial) to C.S.U.P. (Commercial, Special Use Permit) on a parcel of land located along the east side of Denton Tap Road, 500 feet south of Braewood Drive, at the request of Mr. Lenny Poulsen, and authorizing the Mayor to sign. F. Consideration of an ordinance approving S-1059, changing the zoning - from LI (Light Industrial) to LI.S.U.P. (Light Industrial, Special Use Permit), for the operation of a Wendy's Restaurant, located near the southwest corner of MacArthur Boulevard and Beltline Road, at the request of Prizm Architects, and authorizing the Mayor to sign. G. Consideration and approval of an ordinance approving S-1072, changing the zoning from LI (Light Industrial) to LI.S.U.P. (Light Industrial, Special Use Permit) for Blooming Colors Landscape Nursery, located along the south side of Beltline, 1650 feet east of MacArthur Boulevard, at the request of Barry Johnson, and authorizing the Mayor to sign. H. Consideration and approval of Waters Edge, Phase 2, Final Plat, located along the north side of Sandy Lake Road, between MacArthur Boulevard and Meadowglen Circle, at the request of Kadleck & Associates. I. Consideration and approval of Valley Ranch Baptist Church Addition, final Plat, located along the south side of Beltline, approximately 825 feet east of MacArthur Boulevard, at the request of Jim Riley, Brockette-Davis-Drake. J. Consideration and approval of Valley Ranch Self Storage Addition, Final Plat, located along the south side of Beltline, 1,320 feet east of MacArthur Boulevard, at the request of Robert Gross. CM020894 Page 6 of 8 K. Consideration and approval of Blooming Colors Landscape Nursery, Final Plat, located along the south side of Beltline, 1,650 feet east of MacArthur Boulevard, at the request of Barry A. Johnson. L. Consideration and approval of Riverchase Plaza, Final Plat, located near the northeast corner of Beltline Road and MacArthur Boulevard, at the request of Riverchase Plaza, Ltd. ~-- M. Consideration of a variance from Section 10-5-2(C) of the City of Coppeli Sign Ordinance regulating spacing and setbacks for detached (monument) signs, specifically related to the 75-foot minimum side yard measurement (The variance requested is from 75-foot to 25-foot). This variance is being requested by Boston Chicken Restaurant for their property located at the southeast corner of MacArthur Boulevard and Beltline Road, at the request of Winklemann & Associates, Inc. N. Consideration of a variance from Section 10-5-2(C) of the City of Coppell Sign Ordinance regulating spacing and setbacks for detached (monument) signs. (The variance requested is from 75-foot to 25-foot). This variance is being requested by Blooming Colors Nursery and Landscaping, Inc., for their property located at 1701 E. Beltline Road and a report by the Director of Planning and Community Services. O. Consideration of waiving permit fees for the erection of a tent at Rediform to be used at the M.J. Designs Groundbreaking Ceremony. Items 20 C and H were pulled for later consideration. Item 20 A through O, except for C and H -- Councilmember Mayo moved to approve Items 20 A, B carrying Resolution No. 020894.3, D carrying Ordinance No. 94638, E carrying Ordinance No. 91500-A-43, F carrying Ordinance No. 91500-A-44, G carrying Ordinance No. 91500-A-45, I, J, K, L, M granting a 25-foot variance, N granting a 25-foot variance and O. 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. Item 20 C -- Councilmember Stahly moved to consider and amend the contract with Rady and Associates for the design of Sandy Lake Road from MacArthur Blvd. to Denton Tap Road in the amount of $10,000.00 and authorizing the Mayor to sign, and for Staff to contact Ginn to attempt to recoup part of this expense. Mayor Pro Tern Robertson seconded the motion; the motion carded 6-1 with Mayor Pro Tern Robertson and Councilmembers Stahly, Watson, Reitman, Mayo, and Garrison voting in favor of the motion and Councilmember Weaver voting against the motion. Item 20 H -- After discussion, Mayor Pro Tern Robertson moved to approve Waters Edge, Phase 2, Final Plat, located along the north side of Sandy Lake Road, between MacArthur Boulevard and Meadowglen Circle with the following conditions: 1) the alley requirement is waived, 2) street center line radii may be less than the required minimum and 3) the portion of lot 1 and 2, and all building lines, lot lines and easements created by the map of Lakeside Village as recorded in Volume 85816, Page 1670, located within Waters Edge, Phase 2, will be abandoned by the execution of this plat. Councilmember Reitman seconded the motion; the motion carried 5-2 with Mayor Pro Tem Robertson and Councilmembers Stahly, Reitman, Mayo, and Garrison CM020894 Page 7 of 8 voting in favor of the motion and Councilmembers Weaver and Watson voting against the motion. There being no further business to come before the City Council, the meeting was adjourned. ATTEST: Tom Morton,Mayor Dorothy Timmons, City Secretary CM020894 Page 8 of 8