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CM 1994-03-08 MINUTES OF MARCH 8, 1994 The City Council of the City of Coppell met in Regular Called Session on Tuesday, March 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 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. Texas Government Code, Section 551.071 Consultation with City Attorney. 1. Zoning Matters. 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 7:17 p.m. and opened the Work Session. The members of the Planning & Zoning Commission being Chairman Marsha Tunnell, Vice-Chairman Don Meador, Larry Wheeler, Ray Hildebrand, Norman Alexander, Carl Thompson and George Redford, were present during Executive Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Agreement for Automatic Fire Protection between the City of CoppeH and the City of Irving. Report by Fire Chief. B. Review of MUD Task Force recommendation and report. C. Revised Floodplain Ordinance. Report by City Engineer. D. General discussion of agenda items. REGULAR SESSION (Open to the Public) 4. Reconvene Regular Session CM030894 Page 1 of 9 (; (; ;; 0 3 i 5. Invocation Councilmember Mayo led those present in the Invocation. 6. Pledge of AHegiance Mayor Morton led those present in the Pledge of Allegiance. 7. Citizen's Appearances A. Chuck Sturgess, 132 Newport Drive, asked that on future plat approvals for multi-family projects, that there be an opportunity for a site plan review before the plat approval. B. Ray Warren, 2215 Lakeland, Carrollton, addressed the Council regarding Warren Crossing and alleged violated contracts. C. Ed Flansburg, Sun Valley Custom Homes, spoke to Council regarding the problem of getting sewer from MUD and City. Agenda Item 18 C was considered at this time. See 18 C below for minutes. Agenda Item 14 was considered at this time. See Item 14 below for minutes. Consent Agenda Item 21 G was considered at this time. See Item 21 G below for minutes. Agenda Item 16 was considered at this time. See Item 16 below for minutes. A short recess was held at this time, after which Item 8 was considered. 8. PUBLIC HEARING: Consideration and approval of a text amendment regarding height regulations in the MF-2 zoning district from 45 feet and three (3) stories, to 35 feet and two (2) stories, in the City of Coppell. 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. Jim Hartnett, Jr., Dallas, representing the Cistertian Monastery; Gary Sanford, Fort Worth, representing John Adams; Jamie Cornelius, representing Jim Sowell Co.; Bob Voelker, representing CED Construction; Jerry Ragsdale, representing Riverchase; Mike Hampton, representing Womack/Hampton Architects; Kirk Williams, representing Sandy Lake Road Ltd. Partnership; Barry Knight, representing Jonas Associates; Bob Benedict, representing the Home and Apartment Builders Association; and Dave McCallum, 316 Parkview Place spoke in opposition to this proposal. He then asked for those persons wishing to speak in favor of this proposal. Ivan Laughlin, 1319 Westchester Drive; Pat Moriarity, 156 Meadowglen Circle; Chuck Sturgess, 132 Newport Drive, representing Devonshire Homeowners' Association; Jim Simmons, 269 MacArthur; John Maulby, 1309 Coral Drive; Peggy Quinn, 305 Beechwood Lane; and Partick Kennan, 412 Wellington spoke in favor of this proposal. Mayor Morton then closed the Public Hearing. Councilmember Mayo moved to approve the text amendment regarding height regulations in the MF-2 zoning district from 45 feet and three (3) stories, to 35 feet and two (2) stories, in the City of Coppell. Councilmember Weaver seconded the CM030894 Page2 of 9 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. 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. Mayor Pro Tem Robertson moved to approve Ordinance No. 91500-A-46 approving changes to the Comprehensive Zoning Ordinance addressing height of apartments in MF-2 zoning districts and authorizing the Mayor to sign. 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. 10. PUBLIC HEARING: Consideration and approval of PD-121, The Estates of Cambridge Manor, to change the zoning from A (Agriculture) to P.D.SF-12 (Single Family-12), located along the north side of DeForest Road, 1,600 feet east of MacArthur Boulevard, at the request of Beamer Development, 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. Dave McCallum, 316 Parkview Place, indicated his approval of this project. Mayor Morton then closed the Public Hearing. Jack Bommarito, representing the developer, made a presentation to the Council. Mark Wainscott, representing Beamer Development, addressed the Council. Mayor Pro Tem Robertson moved to approve PD-131, The Estates of Cambridge Manor, to change the zoning from A (Agriculture) to P.D. SF-12 (Single Family- 12), located along the north side of DeForest Road, 1,600 feet east of MacArthur Boulevard and ---- Beltline Road subject to the following conditions: 1) front yard minimum setback be 30 feet; 2) the lot width be shown as 100 feet, with the exception of those cul-de-sac lots which could be 85 feet at the building line; 3) the fences shall not extend beyond the platted building line on any lot; 4) the name of Lady Leah Lane shall be known as Sterling Hill Lane; 5) eliminate the alleys; and 6) this property is not served by the City of Coppell wastewater system and must seek annexation to MUD. 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. Consent Agenda Item 21 E was considered at this time. See Item 21 E below for minutes. 11. Consideration and approval of an ordinance for Case #S-1076 to change the zoning designation from LI (Light Industrial) to LI.-S.U.P. (Light Industrial- Special Use Permi0, on a parcel of land located along the southeast corner of MacArthur Boulevard and Beltline Road and authorizing the Mayor to sign. Mayor Pro Tem Robertson moved to approve Ordinance No. 91500-A-47 for Case #S~1076 to change the zoning designation from LI (Light Industrial) to LI.-S.U.P. (Light Industrial-Special Use Permit), on a parcel of land located along the southeast comer of MacArthur Boulevard and Beltline Road and authorizing the Mayor to sign. 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. 12. PUBLIC HEARING: Consideration and approval of ZC-551, Grand Cove Estates, to change the zoning from C (Commercial) to SF-12 (Single CM030894 Page3 of 9 60;',033 Family-12), located along the sOuth side of Bethel School Road, 500 feet west of Denton Tap Road, at the request of Mr. Frank Bamberg. 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. Bill Anderson, representing the Applicant, addressed the Council. Councilmember Reitman moved to approve ZC-551, Grand Cove Estates, to change the zoning from C (Commercial) to SF-12 (Single Family-12), located along the south side of Bethel School Road, 500 feet west of Denton Tap Road and to delete the alleys. Mayor Pro Tem Robertson 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. Consent Agenda Item 21 F was considered at this time. See Item 21 F below for minutes. 13. Consideration and approval of an ordinance for Case #ZC-551 to change the zoning designation from C (Commercial) to SF-12 (Single Family-12), on a parcel of land located along the south side of Bethel School Road, 500 feet west of Denton Tap Road and authorizing the Mayor to sign. Mayor Pro Tem Robertson moved to approve Ordinance No. 91500-A-48 for Case ZC-551 to change the zoning designation from C (Commercial) to SF-12 (Single Family-12), on a parcel of land located along the south side of Bethel School Road, 500 feet west of Denton Tap Road and authorizing the Mayor to sign.. Councilmember Mayo 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. PUBLIC HEARING: Consideration and approval of S-1077, Sonic Drive-In, to change the zoning from C (Commercial) to C.S.U.P. (Commercial, Special Use Permit), located approximately 1,330 feet south of Parkway Boulevard, along the west side of Denton Tap Road, at the request of Dowdey, Anderson & Associates. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Staff recommended denial of this request for the following reasons: 1) the site is much too small for the building being proposed; 2) the site plan originally showed two curb cuts and the Applicant has agreed to only one curb cut; 3) possibly an inappropriate use of this location; 4) the second lot which is located behind the site; 5) applicant would be asking for a sign variance; 6) MUD problem; and 7) design of the facility itself. Notwithstanding the concerns of Staff, the Planning Commission recommended approval of the SUP subject to a site plan and conditions. David Lightfoot, the Developer, also addressed the Council. Mark Wainscott, the Architect, spoke to Council regarding the design. 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. John Mark Bonot, 345 Lakewood Court, appeared representing the joint venture between the City and the Chamber of Commerce and spoke in support of the Sonic Drive-In. Mayor Morton then closed the Public Hearing. After lengthy discussion, motion and denial of motion, Councilmember Mayo moved to approve S-1077, Sonic Drive-In, to change the zoning from C (Commercial) to C.S.U.P. (Commercial, Special Use Permit), located approximately 1,330 feet south of Parkway Boulevard, along the west side of Denton Tap Road, as shown subject to: 1) the site plan, landscape plan and rendering; 2) that the property will not be served by the City wastewater system and to receive those services the property will have to be annexed unto the MUD; and 3) a cross-access easement with William Boorham, owner of the property immediately north of the Sonic property. Mayor Pro Tem Robertson seconded the motion; the motion carded 5-2 CM030894 Page 4 of 9 with Mayor Pro Tem Robertson and Councilmembers Stahly, Watson, Reitman, and Mayo voting in favor of the motion and Councilmembers Weaver and Garrison voting against the motion . 15. PUBLIC HEARING: Consideration and approval of Lakewood Estates Replat, Lots 1-15. Block D, located east of Village Parkway, along the north side of Basilwood Drive, at the request of Unzicker, Schnurbusch & 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. Waymon Lavell, Applicant, addressed the Council. Mayor Pro Tern Robertson moved to approve Lakewood Estates Replat, Lots 1-15, Block D, located east of Village Parkway, along the north side of Basilwood Drive, with the condition that the Lakes of Coppell Homeowners' Association will provide erosion repair for Lot 14R, Block D. Councilmember Mayo 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. Consent Agenda Items 21 A, B, C, D, H, I and J were considered at this time. See Items 21 A, B, C, D, H, I and J below for minutes. 16. Consideration and approval of Park 'N Fly, Preliminary Plat, located along the northeast corner of Royal Lane and Cotton Road, at the request of Park 'N Fly. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Bill Dalstrom, representing the Applicant, addressed the Council and introduced Fred Clemente, President of Park 'N Fly, George Casey and Cecil Morton of Park 'N Fly. Kirk King, President of Coppell Chamber of Commerce, indicated the Chamber's support of this project. Ron Pankey addressed the Council in support of this item. Mayor Pro Tern Robertson moved to approve Park 'N Fly Preliminary Plat, located along the northeast comer of Royal Lane and Cotton Road with the following conditions: 1) removal of the billboard on the southeast comer be done at final plat; 2) required fire hydrants must be installed; 3) six (6) inches of concrete must be used in the fire lanes; 4) the drainage issue must be resolved before Final Plat is submitted; 6) landscaping must conform to drawings; 7) agreement to pay escrow prior to issuance of building permit or in opinion of City Engineer the road is ready to be developed; 8) obligations concerning the traffic light and access road to LBJ Freeway as referred to in both the October 12, 1990, letter to Steve Goram from Kenneth R. Marshall, and November 19, 1990, letter to Mayor Wolfe, must be recognized; 9) the issuance of the second billboard must be resolved before the Final Plat is submitted; 10) the elimination of sidewalks; l l) the conditions of the Board of Adjustment approval must be met; 12) to allow Applicant to forego the three-foot screening on Section 33 l(a)(f); and 13) that the building to be constructed at this time meet the Old Town criteria with plans being submitted to Council before final approval. 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. 17. Necessary Action resulting from Executive Session. There was no action under this item. CM030894 Page 5 of 9 Items 19 and 20 were considered at this time. See Items 19 and 20 below for minutes. At this time, Council adjourned into Executive Session. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session -.. A. Texas Government Code, Section 551.071 Consultation with City Attorney. Mayor Morton convened into Executive Session at 12:22 a.m. as allowed under the above-stated article. Mayor Morton adjourned the Executive Session at 12:31 a.m. and opened the Regular Session. At this point, Councilmember Garrison excused himself and left the meeting. REGULAR SESSION (Open to the Public) 18. City Manager's Report. A. Correspondence. B. East Beltline Water Line. A. City Manager Jim Witt read two letters from himself addressed to the Mayor and City Council regarding the Kwast lawsuit. Mr. Witt also read another piece of correspondence which was sent to Mr. Kwast regarding the settlement of the lawsuit. B. City Manager Jim Witt stated that there would be an assessment process and a public bidding process forthcoming on the East Beltline project. --- C. Councilmember Weaver made a report regarding the MUD Task Force. Councilmember Weaver announced a unanimous vote of the MUD Task Force to recommend to the City Council to absorb the Coppell Municipal Utility District #1. Ken Griffin, City Engineer, addressed the Council regarding the Lodge Road System and the Phillips Road System. Frank Trando, Special Assistant to City Manager, spoke regarding the absorption of the MUD. Consensus of Council was to call a Special City Council Meeting on Wednesday, March 16, 1994, at 6:00 p.m., discuss the absorption of the MUD. 19. Mayor's Report. A. Mayor Morton thanked Dave and Sandy Greer for the Gala. 20. Liaison Reports. Park Board -- Councilmember Mayo stated that concernes had been voiced to him regarding the revenues from Coppell Celebrates. Finance Committee -- Mayor Pro Tem Robertson announced that the Finance Committee had met concerning the Employee Compensation Plan Audit. CONSENT AGENDA CM030894 Page 6 of 9 21. Consider approval of the following consent agenda items: A. Consider approval of minutes: February 22, 1994 March 1, 1994 B. Consideration and approval of appropriating unaHocated interest in the amount of $36,000 and reallocation of $144,000 appropriated to the Wrangler Drive 12" water line for a total of $180,000 for the East ~-- Beltline water line. C. Consideration and approval of awarding bid Q-0194-04 for Uniforms to the following vendors. Award to R&R Uniforms Section I items 1-14 and Section H items 1-7 for an amount not to exceed $13,620.00; Section III items 1-7 for an amount not to exceed $3,592.00. Award to Ladd Uniforms Section IV items 1-13 for an amount not to exceed $11,470.00. Award to Workrite Uniforms Section III items 10-12 for an amount not to exceed $13,059.00. Reject all bids for Section IH items 8, 9, 13, and 14. D. Consideration and approval of awarding Bid No. Q-0194-01 for two 1/2 ton pickup trucks to Lee Jarmon Ford for $12,469.75 each. E. Consideration and approval of The Estates of Cambridge Manor, Preliminary Plat, located along the north side of DeForest Road, 1,600 feet east of MacArthur Boulevard, at the request of Beamer Development, Inc. F. Consideration and approval of Grand Cove Estates, Preliminary Plat, located along the south side of Bethel School Road, 500 feet west of Denton Tap Road, at the request of Mr. Frank Bamberg. G. Consideration and approval of The Sonic Addition, Preliminary Plat, located approximately 1,330 feet south of Parkway Boulevard, along the west side of Denton Tap Road, at the request of Dowdey, Anderson & Associates, Inc. H. Consideration and approval of Copperstone Addition, Final Plat, located west of the intersection of Parkway Boulevard and Cowboy Drive, at the request of Centex Corporation. I. Consideration and approval of N0rthlake Woodlands East, #10, Phase B, Final Plat (Resubmittal), located along the east side of MacArthur Boulevard and north of Bethel School Road, at the request of Tipton Engineering. J. Consideration of approving and adopting a revised Floodplain Ordinance and authorizing the Mayor to sign. Item 2lA -- Mayor Pro Tern Robertson moved to approve Item 21 A. Councilmember Mayo 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. CMO~ Page 7of9 Item 21 B -- Mayor Pro Tem Robertson moved to approve Item 21 B. Councilmember Watson seconded the motion; the motion carried 6-1 with Mayor Pro Tem Robertson and Councilmembers Stahly, Watson, Reitman, Mayo, and Garrison voting in favor of the motion and Councilmember Weaver voting against the motion Item 21 C -- Councilmember Weaver moved to approve Item 21 C. Councilmember Mayo 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 21 D -- Councilmember Weaver moved to approve Item 21 D. 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. Item 21 E -- Mayor Pro Tem Robertson moved to approve Item 21 E, subject to the following conditions: 1) standard floodplain note must be placed on face of plat; 2) finished floor elevations must be shown on structures located in the former flood plain (lots 1-8, Block C and lot 5, Block E; 3) escrow must be provided along portion of DeForest Road; 4) the MUD issue must be resolved; 5) floodplain study to include amenities must be submitted to FEMA for a conditional letter of map revision review; 6) all setbacks must be shown on the lot, west side of entry street; 7) a 20-foot utility easement must be provided along the south side of lots 1 and 2, Block A, and all easements must be shown on the plat; 8) if property south of this area is being considered for a future cul-de-sac off this subdivision, there needs to be a better plan for a left turn lane out of the cul-de-sac; 9) the drainage layout must be re-evaluated. Specifically, there should be consideration given to how the drainage area south of lot 3, Block B and east of lot 10, Block B will drain in the future; 10) the flood study must be revised prior to any work in Phase 2; and 11) alleys are to be eliminated. 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 21 F -- Mayor Pro Tem Robertson moved to approve Item 21 F, subject to the following conditions: 1) the floodplain must be labeled and delineated along the rear of the lots; 2) the standard floodplain note must be added to the plat; 3) minimum finished floor on lot 22 must be stated as 497; 4) an elevation of potential and actual erosion areas must be made to determine if any type of erosion protection is needed; 5) setbacks must be indicated; 6) the cul-de-sac length being greater than the normally allowed 600 feet, is approved; 7) the centerline radius of the sanitary sewer being greater than normal (shows 750 feet), is approved; 8) the minimum street centerline radius of 200 feet is approved; and 9) eliminate alleys. Councilmember Watson --. seconded the motion; the motion carried 7-0 with Mayor Pro Tern Robertson and Councilmcmbers Weaver, Stably, Watson, Reitman, Mayo, and Garrison voting in favor of the motion. Item 21 G -- CM030894 Page 8 of 9 Councilmember Mayo moved to approve Item 21 G with the following conditions: 1) the access easement must be shown on the plat; only one (1) entrance will be allowed on Denton Tap Road; 2) problems regarding the MUD must be resolved prior to submittal of a Final Plat; 3) a masonry screening wall to separate Lots 1 and 2 be installed; and 4) Lot 2 must not be developed until such time that there is a complete public access street dedicated for that purpose. Mayor Pro Tem Robertson seconded the motion; the motion carried 5-2 with Mayor Pro Tern Robertson and Councilmembers Stahly, Watson, Reitman, and Mayo voting in favor of the motion and Councilmembers Weaver and Garrison voting against the motion. Item 21 H -- Councilmember Weaver moved to approve Item 21 H as submitted with the condition that the street name Angle Bluff Trail be changed to Turkey Knob Trail. Councilmember Garrison 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. Item 21 I -- Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Steve Parsons, Applicant, addressed the Council. After discussion, Mayor Pro Tem Robertson moved to approve Item 21 I with the following conditions: 1) the drainage easement must be labeled on the east side of Lot 2, Block E; 2) an off-site sanitary sewer easement must be provided between Bethel School Road and Willet Drive; 3) off-site easement will be needed south of Lots 15 and 16, Block 9 and south of Bethel School Road near MacArthur Boulevard; 4) the drainage easement between Lots 15 and 16 must be twenty feet in width; and with the provision that after twenty-five (25 %) percent of the lots are permitted or within one (1) year Bethel School Road will be continued out to intersect with MacArthur. 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. Item 21 J -- Mayor Pro Tem Robertson moved to approve Item 21 J carrying Ordinance No. 94639. Councilmember Garrison seconded the motion; the motion carded 7-0 with Mayor Pro Tem Robertson and Councilmembers Weaver, Stably, Watson, Reitman, Mayo, and Garrison voting in favor of the motion. There being no further business to come before the City Council, the meeting was adjourned. Tom Morton, Mayor ATTEST: Dorothy Timmons, City Secretary CM03~94 Page 9 of 9