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CM 1994-08-09 MINUTES OF AUGUST 9, 1994 The City Council of the City of Coppell met in Regular Called Session on Tuesday, August 9, 1994 at 6:30 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 Lanny Mayo, Councilmember Candy Sheehan, Councilmember Councilmember Reitman was absent from the meeting. 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. Call to order Mayor Morton called the meeting to order and adjourned into Work Session. WORK SESSION (Open to the Public) 2. Convene Work Session A. Discussion of Board & Commission Appointments. B. Agenda Review. C. Discussion and Review of High-Highs. REGULAR SESSION (Open to the Public) 3. Reconvene Regular Session. Councilmember Watson moved to excuse Councilmember Reitman's absence from the meeting. Mayor Pro Tem Robertson seconded the motion; the motion carried 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stahly, Watson, Mayo, and Sheehan voting in favor of the motion. 4. Invocation. Councilmember Alexander led those present in the invocation. 5. Pledge of Allegiance. Mayor Morton led those present in the Pledge of Allegiance. Mayor Morton announced that there would be a slight deviation from the Agenda as Mayor Pro Tem Robertson wished to address some issues concerning revenues. Mayor Pro Tem Robertson clarified some of the questions and misconceptions about the budget. Councilmember Watson stated that there would be needs over the next five year for the Parks and Library. City CM080994 Page 1 of 6 () ~('~ ~'; ~ i!~ 7 Manager Jim Witt discussed the Sales Tax Election and inquired of City Attorney Pete Smith to clarify the possible uses of the sales tax. City Attorney Pete Smith stated that sales tax generated by the upcoming election could not be used for general capital improvements and answered questions from Councilmembers. 6. Citizen's Appearances. A. John Mark Bonnot, 345 Lakewood Court, representing the Coppell Chamber of Commerce, spoke in favor of the half-cent sales tax and read a Resolution into the record supporting the sales tax. B. Ann McNear, 456 W. Bethel, announced that Friends of the Library would be sponsoring a spaghetti dinner at Gibbs Station on August 28, 1994 from 11:00 a.m. through 4:00 p.m. CONSENT AGENDA 7. Consider approval of the following consent agenda items: A. Minutes of: July 19, 1994 July 26, 1994 B. Consideration of a Resolution amending guidelines and criteria for tax abatement agreements, and authorizing the Mayor to sign. C. Consideration of a Resolution providing for regular license plates to be used on certain exempt police vehicles and authorizing the Mayor to _.. sign. D. Consideration of an Ordinance amending Section 9 (generally referred to as Alarm Ordinance) of the Code of Ordinances of the City of Coppell, Texas, and authorizing the Mayor to sign. E. Consideration of an Ordinance for Case #S-1081, Arby's, 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, and authorizing the Mayor to sign. F. Consideration of an Ordinance for Case #S-1082, Little Caesar's Pizza, to change the zoning from R(Retail) to R-S.U.P. (Retail, Special Use Permit), located within Riverchase Plaza, Lot A, at 780 South MacArthur Boulevard, Suite 170, and authorizing the Mayor to sign. G. Consideration of an Ordinance for Case #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, and authorizing the Mayor to sign. H. Consideration of an Ordinance for Case #PD-131, The Estates of Cambridge Manor, to change the zoning from A(Agriculture) to PD-SF-12 (Single Family-12), located along the north side of DeForest Road, 1,600 feet east of MacArthur Boulevard, and authorizing the Mayor to sign. CM080994 Page 2 of 6 I. Consideration and approval of Ordinance amending Article 1-9 of the Code of Ordinances of the City of Coppell amending the records management program and establishing regulations pertaining to the preservation, protection, storage, use and disposition of City records, and authorizing the Mayor to sign. J. Consideration of a variance from Section 10-5-4 B (1) of the Coppell Sign Ordinance which limits temporary banner signs to one banner two times per calendar year with a maximum of 14 days for each permit issued, and the requirement that such a sign be down at least 30 days between each permit issued. This request is made by Marcy Hempel, on behalf of the Rejoice Lutheran Church, to allow two 3 x 8 banner signs reading "Pumpkin Patch" to be displayed on the church property at 528 E. Sandy Lake Road from September 1, 1994 through October 31, 1994. Councilmember Mayo moved to approve Consent Agenda Items A, B carrying Resolution No. 080994.1, C carrying Resolution No. 080994.2, D carrying Ordinance No. 94659, E carrying Ordinance No. 91500-A-64, F carrying Ordinance No. 91500-A-65, G carrying Ordinance No. 91500-A-66, H carrying Ordinance No. 91500-A-67, I carrying Ordinance No. 94660 and J. Councilmember Alexander seconded the motion; the motion carried 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stahly, Watson, Mayo, and Sheehan voting in favor of the motion. 8. PUBLIC HEARING: Consideration and approval of a zoning change, Case #ZC-553(CH) from TH-1 and MF-1 to any appropriate zoning district classification, including, but not limited to, SF-7, SF-9, SF-12, SF-18, SF-ED- MF-1 and/or O, on approximately 30 acres of land located on two tracts; Tracts A-1 and A-2 situated along the east side of MacArthur Boulevard; north of the TU Electric right-of-way line. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council and stated that this Public Hearing remains open from the June 14, 1994 City Council Meeting. Councilmember Stahly moved to continue the Public Hearing until the September 13, 1994 City Council Meeting. Councilmember Sheehan seconded the motion; the motion carried 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stahly, Watson, Mayo, and Sheehan voting in favor of the motion. 9. PUBLIC HEARING: Consideration and approval of PD-133, Coppell 200 South Addition, zoning change from LI (Light Industrial) and HC (Highway Commercial) to PD (Planned Development), HC (Highway Commercial) and FP (Flood Plain), located west of Denton Tap Road; approximately 800 feet north of Denton Creek, 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. Patrick Keenan, 412 Wellington, spoke against this proposal. The Mayor then asked for those persons wishing to speak in favor of this proposal. Bill Anderson with Dowdey, Anderson & Associates, representing the owners of the property, spoke in favor of this proposal and answered questions of Council. After lengthy discussion, Mayor Pro Tem Robertson moved to close the Public Hearing and approve a conceptual plan for PD133, Coppell 200 South Addition, zoning change from LI (Light Industrial) and HC (Highway Commercial) to PD CM080994 Page 3 of 6 (;, (; :; 9 (Planned Development), HC (Highway Commercial) and FP (Flood Plain), located west of Denton Tap Road; approximately 800 feet north of Denton Creek subject to nine conditions set by the Planning and Zoning Commission as follows: 1) there be a 30' front-yard setback; 2) there be a 110' lot depth; 3)there be 35% lot coverage; 4)swing-entry garages for front-entry lots; 5) the Homeowners' Association will be responsible for maintaining common areas; 6) a foot bridge be added to the park land area; 7) the "average" size of lot be changed to "minimum"; 8) the minimum lot width be 70 feet and the average be 75 feet in Section A; and 9) a detailed site plan must be submitted when the Preliminary Plat is submitted for approval; and that Lot 51 be eliminated and a continuation of the alley; and that the following Park Board _._. recommendations be met: 1) the developer will work with the City in order that a grant could be pursued for the donation of the park site and improvements proposed; 2) the developer will provide for the establishment of bermuda turf grass in the park site; 3) the developer will provide a plan for what automated irrigation will be installed at or near the playground proposed; 4) any playground specifications would need to be coordinated with the Parks and Recreation Division and would be accessible to challenged individuals; 5) the developer will work with the City to provide additional access along the Denton Tap Road Bridge as it is widened, should the pedestrian/bike bridge not be approved across Denton Creek, as proposed; 6) the developer will provide aeration fountains within the two (2) lakes proposed; and 7) the developer will work with staff and the Parks and Recreation Board to finalize improvements to the proposed park site. Councilmember Mayo seconded the motion; the motion carried 4-2 with Mayor Pro Tern Robertson and Councilmembers Alexander, Mayo, and Sheehan voting in favor of the motion, and Councilmembers Stahly and Watson voting against the motion. A short recess was held at this point in the meeting. 10. PUBLIC HEARING: Consideration and approval of Riverchase Estates Addition, Replat of Lots 5 & 6, Block C, located west of Riverchase Drive along Old York Road, at the request of American Surveying Company of Dallas, Inc. 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. Councilmember Mayo moved to close the Public Hearing and approve Riverchase Estates Addition, Replat of Lots 5 & 6, Block C. Mayor Pro Tem Robertson seconded the motion; the motion carried 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stahly, Watson, Mayo, and Sheehan voting in favor of the motion. During the Work Session of this meeting, Items 11, 12 and 13 were renumbered, with Item No. 11 becoming Item 12, Item 12 becoming Item 13 and Item 13 becoming Item 11, said items appearing as follows under their new number. 11. Consideration and approval of Burch Addition, Preliminary_ Plat, located at the southwest corner of Bethel School and Denton Tap Roads, at the request of Dowdey, Anderson & Associates, Inc. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Morton announced that he had received a request to adjourn into Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. Page 4 of 6 Mayor Morton convened into Executive Session at 9:46 p.m. as allowed under the above-stated article. Mayor Morton adjourned the Executive Session at 9:50 p.m. and continued with Item 11 of the Regular Session. REGULAR SESSION (Open to the Public) Councilmember Mayo moved to approve the Butch Addition Preliminary Plat, located at the southwest corner of Bethel School and Denton Tap Roads, with the following conditions: 1) a property owner's agreement to maintain landscaping is required; 2) utility layout needs to be provided; 3) the fence requirement is waived; 4) the left-turn lane and the common access easement must be constructed prior to the issuance of a Certificate of Occupancy on either Lots 1, 3 or 4. This requirement does not apply to the Certificate of Occupancy for Lot 2; and 5) a development line be established on the west side of the property and be shown on the final plat. Mayor Pro Tern Robertson seconded the motion; the motion carried 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stahly, Watson, Mayo, and Sheehan voting in favor of the motion. 12. PUBLIC HEARING: Consideration and approval of S-1084, Kwik Kar, to change the zoning from C (Commercial) to C-S.U.P. (Commercial - Special Use Permit), located west of Denton Tap Road, approximately 300 feet south of Bethel School Road, at the request of Kwik Industries. 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 Pro Tern Robertson moved to close the Public Hearing and approve S-1084, Kwik Kar, to change the zoning from Commercial to Commercial S.U.P, located west of Denton Tap Road, approximately 300 feet south of Bethel School Road, with the following conditions: 1) subject to site plan, landscape plan and front elevation; 2) operational hours shall be a maximum of 12 hours Monday through Saturday and a maximum of 6 hours on Sunday; and 3) signage must meet the City Ordinance. Councilmember Mayo seconded the motion; the motion carried 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stahly, Watson, Mayo, and Sheehan voting in favor of the motion. 13. Consideration and approval of an ordinance for Case #S-1084 to change the zoning designation from C (Commercial) to C-S.U.P. (Commercial - Special Use Permit), on a parcel of land located west of Denton Tap Road, approximately 300 feet south of Bethel School Road, and authorizing the Mayor to sign. Mayor Pro Tem Robertson moved to approve Ordinance No. 91500-A-68 with the elimination of Paragraph 4, Section 2 which reads as follows: "A solid masonry wall shall be constructed as shown on the Site Plan between the commercial use and the flood plain, with access to the flood plain area for maintenance needs." Councilmember Sheehan seconded the motion; the motion carried 6-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Stahly, Watson, Mayo, and Sheehan voting in favor of the motion. 14. City Manager's Report. There was no City Manager's Report. CM080994 Page 5 of 6 15. Mayor's Report A. Set date and time for canvassing of election results. A. Mayor Morton secured agreement from Council to schedule a Special City Council meeting for August 16, 1994 at 6:30 p.m. to canvass the vote of the August 13th election. B. Mayor Morton stated he had attended a meeting of the Dallas Regional Area Mobility Coalition and announced some changes taking place within the coalition and also discussed the Highway 121 project. C. Mayor Morton announced Flight Fest '94 which will be the 20th Anniversary Celebration of the D/FW Airport and stated that the City and Chamber will receive a free booth. D. Gary Sieb, Director of Planning and Community Services, introduced Isabel Morrow who has been working in the Planning Department. 16. Liaison Reports. Councilmember Sheehan recognized Jack Kishpaugh, who is a citizen of Coppell, and his company, C-CAD, which received a story in the Dallas Morning News. Mayor Pro Tem Robertson announced that Councilmember Sheehan was going to replace him on the Metrocrest Hospital Authority. Councilmember Watson reminded those present that the deadline for Board and Commission applications had been extended until 5:00 P.M. on Tuesday, August 16, 1994. Councilmember Watson complimented the tree survey concerning the hardware store and asked for consensus of Council to have City Attorney Pete Smith to draft an ordinance that would require a tree survey on residential and commercial development. Gary Sieb, Director of Planning and Community Services, stated that a tree survey was required when a plat was submitted. Housing Authority Task Force -- Councilmember Stahly announced that the Housing Authority Task Force has been meeting on a frequent basis and requested Council's approval to continue to meet for another 60 days. Council gave consensus to meet for an additional 90 days. Office on Aging/Senior Citizens -- Councilmember Stahly stated she had attended the Office on Aging meeting and reminded everyone that Monday, September 26, 1994 is the Office on Aging Golf Tournament. YMCA -- Councilmember Stahly advised that the YMCA Patron's Ball would be held October 15, 1994 at the Doubletree. There being no further business to come before the City Council, the meeting was adjourned. Tom Morton, Mayor ATTEST: Linda Grau, Acting City Secretary CM080994