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CM 1994-07-12 MINUTES OF JULY12, 1994 The City Council of the City of Coppell met in Regular Called Session on Tuesday, July 12, 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 '"" Norm Alexander, Councilmember Flo McFadden Stahly, Councilmember Danny L. Watson, Councilmember Mitch Reitman, Councilmember (late arrival) Lanny Mayo, Councilmember Candy Sheehan, Councilmember Also present were City Manager Jim Witt, Acting City Secretary Linda Grau and City Attorney Peter G. Smith. REGULAR SESSION (Open to the Public) 1. CaH 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. CED Construction, Inc. et al vs. The City of Coppell B. Section 551.074, Texas Government Code - Deliberation regarding personnel matters. 1. City Secretary status Mayor Morton convened into Executive Session at 6:10 p.m. as allowed under the above- stated article. Mayor Morton adjourned the Executive Session at 6:31 p.m. and opened the Work Session. Councilmember Reitman arrived at this time. WORK SESSION (Open to the Public) 3. Convene Work Session --- A. Board and Commission Appointments B. Discussion of City Council involvement in the platting review process. CM071294 Page 1 of 7 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. 7. Citizens's Appearances A. Becky Chairez, 944 Pintail Court, spoke to Council regarding sign ordinance variances. B. Melvin Gross, 152 Cottonwood, presented a petition, from the homeowners in Cottonwood Estates, opposing the proposed hike and bike trail in their subdivision; and also spoke regarding the upcoming election and urged citizens to vote against the sales tax. C. Yulene Church, 212 Hollywood Drive, expressed her frustrations regarding fallen trees in Denton Creek and the flow of water affected by the fallen trees. D. Ty McAden, 208 Hollywood Drive, addressed the Council regarding his opposition to a jogging path along Denton Creek CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes - June 25/26, 1994 June 28, 1994 B. Consideration and approval of a resolution to authorize the City Manager and Finance Director to act on behalf of the City in dealing with the Texas Department of Transportation for the purpose of certifying eligibility to receive assistance for the Southwestern Line Intermodal Trail Project and authorizing the Mayor to sign. C. Consideration and approval of a Resolution authorizing the Mayor to sign a maintenance agreement with the Texas Department of '-- Transportation for the operation and maintenance of the traffic signal at I.H. 635 and S. Beltline Road. D. Consideration and approval of an ordinance for S-1080, Special Use Permit, to change the zoning from LI (Light Industrial) to LI S.U.P. (Light Industrial, Special Use Permit) to allow the operation of Schlotzsky's Restaurant on property located near the southwest corner CM071294 Page 2 of 7 of MacArthur Boulevard and Beltline Road, and authorizing the Mayor to sign. E. Consideration and approval of Waterside Estates No. 3 Addition, Final Plat, located at the northwest corner of the intersection of Parkway Boulevard and MacArthur Boulevard, at the request of Dowdey, Anderson & Associates, Inc. F. Consideration and approval of an ordinance for Case #ZC-559(CI-B to change the zoning from MF-2 (Multi-Family-2) to LI (Light Industrial) on approximately 30 acres of land located along the west side of Coppell Road; along the south side of Ruby Road, and authorizing the Mayor to sign. G. Consideration and approval of awarding Bid #Q-0694-01 regarding Long-Term Disability (LTD) Insurance to Life Insurance Company of America/CIGNA Group Insurance in the amount of $15,842.88. Councilmember Mayo moved to approve Consent Agenda Items A, B carrying Resolution No. 071294.1, C carrying Resolution No. 071294.2, D carrying Ordinance No. 91500-A- 61, E, F carrying Ordinance No. 91500-A-62 and G. Councilmember Stahly seconded the motion; the motion carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stahly, Watson, Reitman, Mayo, and Sheehan voting in favor of the motion. 9. Swearing-in of Stan Lowry as a member of the Planning and Zoning Commission of the City of Coppell whose term will expire October, 1995. Mayor Morton swore in Stan Lowry as a member of the Planning and Zoning Commission of the City of Coppell whose term will expire October, 1995. 10. PUBLIC HEARING: Consideration and approval of Case #ZC-567, Sonic Addition, Lot 2, Block A, changing the zoning from C (Commercial) to SF-9 (Single Family-9) on property located west of Denton Tap Road, approximately 1,500 feet north of Sandy Lake Road, at the request of Dowdey, Anderson & Associates, Inc. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council regarding Items 10, 11 and 12. A short recess was taken at this time due to weather conditions. Mayor Morton opened the Public Hearing on Items 10 and 12 and asked for those persons wishing to speak against these proposals. There were none. He then asked for those persons wishing to speak in favor of these proposals. Again, there were none. Mayor Pro Tem Robertson moved to close the Public Hearing on Items 10 and 12 and to approve Item 10 with the following conditions: 1) fees will be determined after the change; 2) landscaping and irrigation modifications might need to be made through coordination with City Parks staff prior to construction; and 3) indication of a water line to be installed in the right-of-way south to north of Denton Tap Road (lot 1, Block A where the Sonic is being constructed), needs to be recognized; Item 11 carrying Ordinance No. 91500-A-63 and Item 12 with the following conditions: 1) all fees must be addressed; 2) zoning must be shown on the plat; and 3) side and rear building lines must be placed on the face of the plat for Lots 32 A and B. Councilmember Sheehan seconded the motion; the motion carried 7-0 with Mayor Pro Tern Robertson and CM071294 Page 3 of 7 Councilmembers Alexander, Stahly, Watson, Reitman, Mayo, and Sheehan voting in favor of the motion. 11. Consideration and approval of an ordinance for Case #ZC-567, Sonic Addition, changing the zoning from C (Commercial) to SF-9 (Single Family-9) on property located west of Denton Tap Road, approximately 1,500 feet north of Sandy Lake Road, and authorizing the Mayor to sign. This item was considered along with Item 10. See Item 10 above for minutes. 12. PUBLIC HEARING: Consideration and approval of Huntington Ridge Addition, Replat of Lot 32, Block A, located at the southeast corner of Diamond Ridge Drive and Clover Meadow Lane, at the request of Dowdey, Anderson & Associates, Inc. This item was considered along with Item 10. See Item 10 above for minutes. 13. PUBLIC HEARING: Consideration and approval of S-1082, Little Caesar's Pizza, to change the zoning from R to R S.U.P, located within Riverchase Plaza, Lot A, at the northeast corner of Beitline Road and MacArthur Boulevard, at the request of Winkelmann & 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. Clyde George, representing Little Caesar's appeared in favor of this proposal. Mayor Pro Tem Robertson moved to close the Public Hearing and approve S-1082, Little Caesar's Pizza, to change the zoning from R to R S.U.P., located within Riverchase Plaza, Lot A, at the northeast corner of Beltline Road and MacArthur Boulevard subject to the following conditions: 1) the site plan needs to show parking requirements; and 2) utility layouts must meet City requirements. Councilmember Reitman seconded the motion; the motion carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stahly, Watson, Reitman, Mayo, and Sheehan voting in favor of the motion. 14. PUBLIC HEARING: Consideration and approval of Riverchase Plaza Addition, Replat, located at the northeast corner of Beltline Road and MacArthur Boulevard, at the request of Winkelmann & Associates, Inc. Gary Sieb, Director of Planning and Community Services, made a presentation to 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 Pro Tem Robertson moved to close the Public Hearing and approve Riverchase Plaza Addition, Replat, located at the northeast corner of Beltline Road and MacArthur Boulevard. Councilmember Alexander seconded the motion; the motion carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stahly, Watson, Reitman, Mayo, and Sheehan voting in favor of the motion. CM071294 Page 4 of 7 15. PUBLIC HEARING: Consideration and approval of Gibbs Station, Phase One, Replat of Lots 1-13, Block E, located generally south and east of the intersection of Beverly Drive and Creek Crossing, at the request of Dowdey, Anderson & 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. Bill Schaumburg, 236 Hollywood Drive, addressed Council. The Mayor then asked for those persons wishing to speak in favor of this proposal. Craig Knight, representing the Developer, spoke in favor of this proposal. Lance Williams, 3811 Turtle Creek Boulevard, Suite 1050, Dallas, Texas, representing the Lakes of Coppell Homeowner's Association, did not take a stance on this proposal, but spoke to the Council regarding common areas. Ken Griffin, City Engineer, made a presentation to the Council regarding retaining walls. Councilmember Watson moved to close the Public Hearing and to deny approval of Gibbs Station, Phase One, Replat of Lots 1-13, Block E, located generally south and east of the intersection of Beverly Drive and Creek Crossing. Councilmember Reitman seconded the motion; the motion to deny carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stahly, Watson, Reitman, Mayo, and Sheehan voting in favor of the motion. 16. PUBLIC HEARING: Consideration and approval of Gibbs Station, Phase Two, Replat of Lots 14-35, Block E, located generally south and east of the intersection of Beverly Drive and Creek Crossing, at the request of Dowdey, Anderson & 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. Lance Williams, attorney for Lakes of Coppell Homeowner's Association, addressed the Council in opposition to this proposal. The Mayor then asked for those persons wishing to speak in favor of this proposal. There were none. Mayor Pro Tem Robertson moved to close the Public Hearing and deny approval of Gibbs Station, Phase Two, Replat of Lots 14-35, Block E, located generally south and east of the intersection of Beverly Drive and Creek Crossing. Councilmember Alexander seconded the motion; the motion to deny carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stahly, Watson, Reitman, Mayo, and Sheehan voting in favor of the motion. Council directed Staff to conduct an engineering study regarding the creek issue and bring something back to Council in August. Councilmembers expressed a desire to hear from the homeowners involved. 17. PUBLIC HEARING: Consideration and approval of S-1081, Arby's Restaurant, to change the zoning from LI (Light Industrial) to LI-S.U.P. (Light Industrial, Special Use Permit) located near the southwest corner of MacArthur Boulevard and Beltline Road, at the request of Winkelmann & 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. John Evans, Applicant, spoke in favor of this proposal. Ken Griffin, City Engineer, addressed the Council concerning the traffic issues. Consensus of Council was that no one was opposed to the arches in the building CM071294 Page 5 of 7 '" fl8 design. Consensus of Council, with Councilmember Reitman objecting, was that there would be no problem if the Applicant addressed any traffic flow problems to the satisfaction of the City Engineer. After lengthy discussion, Mayor Pro Tem Robertson moved to dose the Public Hearing and approve S-1081, Arby's Restaurant, to change the zoning from LI (Light Industrial) to LI S.U.P (Light Industrial, Special Use Permit) located near the southwest corner of MacArthur Boulevard and Beltline Road with the following conditions: 1) complete traffic signage plan to be submitted; 2) landscape plan to be submitted; 3) site plan rendering; 4) building to be red brick; 5) arches to be oxidized bronze; and 6) the construction of the west side access road. Councilmember Sheehan seconded the motion; the motion carried 6-1 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stahly, Watson, Mayo, and Sheehan voting in favor of the motion and Councilmember Reitman voting against the motion. 18. Consider approval of appointing two (2) members of the City Council and calling a special City Council meeting to canvass the returns of the City Sales Tax Election scheduled for August 13, 1994. Consensus of Council was to call a Special City Council Meeting for August 16, 1994 to canvassthe returns of the August 13, 1994 Sales Tax Election. No further action was taken on this item. 19. Necessary Action Resulting from Executive Session No action was needed on this item. 20. Mayor's Report A. Mayor Morton announced there would be a special meeting between the City Council and the Park Board on Tuesday, July 19, 1994. B. Mayor Morton stated that he and his wife had travelled to Germany with the band students and that it was a wonderful experience. The representatives from Germany will be here on October 11, 1994 to make a presentation. 21. Liaison Reports Housing Authority Task Force -- Councilmember Stahly stated that the authority had been meeting and houses in the north Texas area were being visited. Councilmember Watson inquired as to a letter which had been sent to CISD regarding joint projects. Park Board -- Councilmember Watson announced that the Park Board meeting had been cancelled. Mayor Morton asked Councilmember Watson to follow up on the aeration at the duck pond. Councilmember Watson stated that effective January, 1995 the Texas Parks and Wildlife will change funding requirements and allow land to be acquired without commitment to future development. Economic and Business Development Board -- Councilmember Reitman stated that the Board had met last week and a special meeting will be called soon to review the budget. CM071294 Page 6 of 7 City/CISD Liaisons -- Councilmember Mayo inquired as to dollar figures regarding the possible joint ventures. Councilmember Mayo also asked for some numbers regarding the paving of Andrew Brown West. Finance Committee -- Mayor Pro Tem Robertson announced that the Finance Committee would meet on July 14, 1994 and several more meetings were scheduled to review the budget. Mayor Pro Tem Robertson thanked Staff for the in-house median cut for Kid Country and -" for the fence that was built in-house at Woodridge. Mayor Morton announced that on Friday, July 22, 1994 at the North Service Center on DeForest from 11:30 to 1:30 there will be a benefit luncheon for Perry Kitties whose home was destroyed by fire due to lightning. Councilmember Watson stated that the Sales Tax Committee would be holding a meeting on Monday, July 18, 1994 at 6:30 p.m. at the Middle School on Mockingbird. There being no further business to come before the City Council, the meeting was adjourned. Tom Morton, Mayor ATTEST: Linda Grau, Acting City Secretary CM071294 Page 7 of 7 6,3 ;';I 10