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CM 1996-09-10 MINUTES OF SEPTEMBER 10, 1996 The City Council of the City of Coppell met in Regular Called Session on Tuesday, September 10, 1996 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 Lanny Mayo, Mayor Pro Tem Norm Alexander, Councilmember Chuck Sturges, Councilmember Danny L. Watson, Councilmember Marsha Tunnell, Councilmember Ron Robertson, Councilmember Candy Sheehan, Councilmember Also present were City Manager Jim Witt, City Secretary Kathleen Roach 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. EXECIYHVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. CED, et al vs. City of Coppell, et al. B. Section 551.075, Texas Government Code - Conference with City Manager. 1. Briefing on City Council/City Staff relations. Mayor Morton convened into Executive Session at 6:00 p.m. as allowed under the above-stated article. Mayor Morton adjourned the Executive Session at 6:17 p.m. and opened the Work Session. CM~I~ WORK SESSION (Open to the Public) 3. Convene Work Session A. Status Update on Sandy Lake Road (ST 93-01) and Belt Line Road (ST 93-O4). B. Discussion of appointments to Boards, Commi~ions and Committees. C. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Invocation. Mayor Pro Tem Mayo led those present in the Invocation. 5. Pledge of Allegiance. Mayor Morton led those present in the Pledge of Allegiance. 6. PROCLAMATIONS: A. Consider approval of a proclamation honoring Brandon Disney-Harper, who achieved the rank of Eagle Scout, and authorizing the Mayor to sign. A. Mayor Morton read the Proclamation into the record and made a presentation to Brandon Disney-Harper. 7. Citizen's Appearances. A. R.G. Harrell, 548 West Oak Grove, addressed Council concerning safety issues at Andrew Brown Park West. B. Peter G. Smith, City Attorney, 1800 Lincoln Plaza, Dallas, welcomed new City Secretary, Kathleen Roach, and recited his "Top 10 List" on "How To Identify Former City Secretary Linda Grau." CMIgI~J~ Fage 2 o~ 12 CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: August 27, 1996. B. Consider approval of a non-exclusive recreational easement for the Denton Creek Hike and Bike Trail. This easement for the Denton Creek levee will be conveyed to the City of Coppell by the Denton County Levee District 1. C. Consider approval of accepting a right-of-way dedication for Sandy Lake Road Project ST 93-01 in lieu of roadway impact fees, escrow or assessment associated with the Riverview Estates development (commonly referred to as the Johnny Thompson 25 acres of land on east Sandy Lake Road). D. Consider approval of an Ordinance for Case No. ZC-590, Property Trust Partnership, zoning change from SF-12 (Single Family-12) to TC (Town Center), on 1 acre of property located on the north side of Sandy Lake Road, approximately 379 feet east of Denton Tap Road, including a Site Plan listing nine (9) special conditions, and authorizing the Mayor to sign. E. Consider approval of an Ordinance for PD-134R, Coppell Greens, zoning change from HC and LI (Highway Commercial and Light Industrial) to PD-SF-7 and HC (Planned Development, Single Family-7 and Highway Commercial) to allow the development of a 226-1ot Planned Development single-family residential subdivision on approximately 62.406 acres of property located at the northwest corner of Denton Tap Road and S.H. 121 Bypass, and authorizing the Mayor to sign. F. Consider approval of a Resolution of the City of Coppell, Texas, designating the Environmental Health Officer of the City of Coppell as the Local Rabies Control Authority, and authorizing the Mayor to sign. G. Consider approval of an addendum to the current interlocal agreement between the City of Coppell and the Dallas Area Household HnT~rdous Waste Network to extend through FY 1996-97, and authorizing the Mayor to sign. CM~91~$ Items D and E were pulled for further consideration. Items A, B, C, F, and G -- Mayor Pro Tem Mayo moved to approve Consent Agenda Items A, B, C, F carrying Resolution 091096.1 and G. Councilmember Robertson seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson, and Sheehan voting in favor of the motion. Item D -- Councilmember Sheehan moved to approve Consent Agenda Item D carrying Ordinance No. 91500-A-138. Councilmember Alexander seconded the motion; the motion carried 6-1 with Mayor Pro Tem Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, and Sheehan voting in favor of the motion and Councilmember Robertson voting against the motion. Item E -- Councilmember Sheehan moved to approve Consent Agenda Item E carrying Ordinance No. 91500-A-139. Councilmember Alexander seconded the motion; the motion carried 6-1 with Mayor Pro Tem Mayo and Councilmembers Alexander, Sturges, Watson, Robertson, and Sheehan voting in favor of the motion and Councilmember Tunnell voting against the motion. 9. Consider approval of an Ordinance approving and adopting the budget for the City of CoppeH for the Fiscal Year October 1, 1996 through September 30, 1997 and authorizing the Mayor to sign. City Manager Jim Witt made a presentation to the Council. Councilmember Robertson moved to approve Ordinance No. 96772 approving and adopting the budget for the City of Coppell for the Fiscal Year October 1, 1996 through September 30, 1997 and authorizing the Mayor to sign. Mayor Pro Tem Mayo seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson, and Sheehan voting in favor of the motion. 10. Consider approval of an Ordinance of the City of Coppell, levying the Ad Valorem Taxes for the year 1996 at .6686/$100 taxable valuation, and authorizing the Mayor to sign. Councilmember Robertson gave a short review of the past and advised that the proposed tax rate is a decrease from last year and commended City Staff. Councilmember Robertson moved to approve Ordinance No. 96773 levying the ad valorem taxes for the year 1996 at .6686/$100 taxable valuation and authorizing the Mayor to sign. Mayor Pro Tern Mayo seconded the r~e 4~t ~2 motion; the motion carried 7-0 with Mayor Pro Tem Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson, and Sheehan voting in favor of the motion. 11. PUBLIC HEARING: Consider approval of Case No. PD-145R(CH), Woodridge Addition, to change the zoning by amending Exhibit B of PD-145 (Planned Developmen0, Ordinance No. 91500-A-104 to add specific provisions regarding the construction of storage buildings, carports and garages on property generally described as follows: Woodridge, Section Five, and all of Block I and Lots 1- 26, Block J of Woodridge, Section One and Two, located on the west side of MacArthur Boulevard, south of Sandy Lake Road. Pert Virtanen, Assistant Planning Director, made a presentation to the Council. Mayor Morton opened the Public Hearing and asked for those persons wishing to speak regarding this proposal. Ann Carver, 954 Mapleleaf, expressed her desire for modifications which could be implemented to aid the homeowners who could not benefit by this proposal without a new site plan; Susan David, 906 Mapleleaf stated her carport site would have to be moved. Councilmember Robertson inquired concerning possible financial burdens to the homeowners. Councilmember Tunnell expressed concerns regarding a garage located three feet off the alley. Councilmember Sturges inquired regarding some of the existing slabs. Gary Sieb, Director of Planning and Community Services, addressed the question of approval of site plans. Councilmember Robertson moved to close the Public Hearing and approve Case No. PD-145R(CH), Woodridge Addition, to change the zoning by amending Exhibit B of PD-145 (Planned Developmen0, Ordinance No. 91500-A-104 to add specific provisions regarding the construction of storage buildings, carports and garages on property generally described as follows: Woodridge, Section Five, and all of Block I and Lots 1-26, Block J of Woodridge, Section One and Two, located on the west side of MacArthur Boulevard, south of Sandy Lake Road. Councilmember Alexander seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson, and Sheehan voting in favor of the motion. 12. PUBLIC HEARING: Consider approval of Case No. S-1113, Church of the Apostles, Episcopal, to change the zoning from SF-7 (Single Family-7) to SF-7, S.U.P. (Single Family- 7, Special Use Permit, to allow the construction of a church on 7 acres of property located on the east side of MacArthur Boulevard, across from Starleaf Street. Mayor Morton advised that Items 12 and 13 would be considered simultaneously. 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 regarding this proposal. There were none. Councilmember Watson moved to close the Public Hearing and approve Case No. S-1113, Church of the Apostles, Episcopal, to change the zoning from SF-7 (Single Family-7) to SF-7, S.U.P. (Single Family-7, Special Use Permit, and to approve the Preliminary Plat to allow the construction of a church on 7 acres of property located on the east side of MacArthur Boulevard, across from Starleaf Street. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson, and Sheehan voting in favor of the motion. 13. Consider approval of Church of the Apostles, Episcopal Addition, Lot 1, Block A, Preliminary Plat, to allow the construction of a church on 7 acres of property located on the east side of MacArthur Boulevard, across from Starleaf Street. This item was considered under Item 12. See Item 12 for minutes. A short recess was held at this time. 14. PUBLIC HEARING: Consider approval of Case No. S-1116, Mexican Restaurant/Private Club, to change the zoning from PD-C (Planned Development, Commercial) to PD-C- S.U.P. (Planned Development-Commercial, Special Use Permi0, to allow the operation of a dining facility/private club having a total indoor seating capacity of 156 and outdoor patio seating capacity of 60 located in the Valley Ranch Plaza at the southwest corner of MacArthur Boulevard and Beltline Road. 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 regarding this proposal. There were none. Councilmember Robertson moved to close the Public Hearing and approve Case No. S-1116, Mexican Restaurant/Private Club, to change the zoning from PD-C (Planned Development, Commercial) to PD-C-S.U.P. (Planned Development- Commercial, Special Use Permit), to allow the operation of a dining facility/private club having a total indoor seating capacity of 156 and outdoor patio seating capacity of 60 located in the Valley Ranch Plaza at the southwest comer of MacArthur Boulevard and Beltline Road. Councilmember Alexander seconded the motion; the motion carried 743 with Mayor Pro Tem Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson, and Sheehan voting in favor of the motion. 15. Consider approval of Vistas of Coppell, Phase I, Preliminary Plat, to allow the development of a l13-1ot residential subdivision on 21.78 acres of property CM091~ located along the south side of Spur 553 (also known as Vista Ridge Blvd.), east of Denton Tap Road; north of Denton Creek. Mayor Morton advised that Items 15 and 16 would be considered simultaneously. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Councilmember Robertson requested that the plat contain disclosures regarding the property being located on Highway 121, the possibilities of overflights from the airport and the tax impact resulting from the property being located in a LID District. Derek Earle, representing Centex Homes, addressed Council and stated he would voluntarily place in the Deed Restrictions the following: 1) notice that the homes would be located on Highway 121; 2) the possibilities of overflight noise; and 3) the property would be impacted by Levy Improvement District taxes. He also agreed to reconfigure Lot 17 in Phase II. City Manager Jim Witt announced that signs were being prepared to place on the by-pass to notify the public that Highway 121 would be constructed in the near future. Councilmember Watson discussed the possibility of a bridge across Denton Creek to Andrew Brown Park. Couneilmember Robertson moved to approve Vistas of Coppell, Phase I, Preliminary Plat, to allow the development of a l13-1ot residential subdivision on 21.78 acres of property located along the south side of Spur 553 (also known as Vista Ridge Blvd.), east of Denton Tap Road; north of Denton Creek and Vistas of Coppell, Phase II, Preliminary Plat, to allow the development of a 126-1ot residential subdivision on 45.82 acres of property located along the south side of Spur 553 (also known as Vista Ridge Blvd.), east of Denton Tap Road; north of Denton Creek with the condition that Lot 17, Phase II be reconfigured and that the following items be placed in a letter to first-time buyers of either phase with their earnest money contract: 1) the property will be located on Highway 121; 2) there will be a possibility of overflight noise; and 3) the property will have a tax impact because of being located in a Levy Improvement District. Councilmember Alexander seconded the motion. Councilmember Watson requested an Executive Session. EXECUTIVE SESSION (Closed to the Public) Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Morton convened into Executive Session at 9:07 p.m. as allowed under the above-stated article. Mayor Morton adjourned the Executive Session at 9:16 p.m. and opened the Regular Session. REGULAR SESSION (Open to the Public) Continuing with Item 15 and 16 - Councilmember Robertson moved to call the question. Mayor Pro Tem Mayo seconded the motion; the motion carried 4-3 with Mayor Pro Tem Mayo and Councilmembers Alexander, Sturges and Robertson voting in favor of the motion and Councilmembers Watson, Tunnell and Sheehan voting against the motion. The City Secretary was requested to read the motion. The motion was read as follows: "Councilmember Robertson moved to approve Vistas of Coppell, Phase I, Preliminary Plat, to allow the development of a 113-1ot residential subdivision on 21.'/8 acres of property located along the south side of Spur 553 (also known as Vista Ridge Blvd.), east of Denton Tap Road; north of Denton Creek and Vistas of Coppell, Phase H, Preliminary Plat, to allow the development of a 126-1ot residential subdivision on 45.82 acres of property located along the south side of Spur 553 (also known as Vista Ridge Blvd.), east of Denton Tap Road; north of Denton Creek with the condition that Lot 17 of Phase II be reconfigured and that the following items be placed in a letter to first-time buyers of either phase with their earnest money contract: 1) the property will be located on Highway 121; 2) there will be a possibility of overflight noise; and 3) the property will have a tax impact because of being located in a Levy Improvement District. Councilmember Alexander seconded the motion." The vote was called and the motion carried 4-3 with Mayor Pro Tem Mayo and Councilmembers Alexander, Sturges and Robertson voting in favor of the motion and Councilmembers Watson, Tunnell and Sheehan voting against the motion. 16. Consider approval of Vistas of Coppell, Phase H, Pre liminary Plat, to allow the development of a 126-1ot residential subdivision on 45.82 acres of property located along the south side of Spur 553 (also known as Vista Ridge Blvd.), east of Denton Tap Road; north of Denton Creek. This item was considered under Item 15. See Item 15 for minutes. 17. Consider approval of Village at Cottonwood Creek, Section V, Final Plat, to allow the development of a 59-1ot single-family residential subdivision and 1 retail lot on 16.8 acres of property located on the northeast corner of Sandy Lake and Coppeil Roads. Councilmember Robertson moved to approve Village at Cottonwood Creek, Section V, Final Plat, to allow the development of a 59-1ot single-family residential subdivision and 1 retail lot on 16.8 acres of property located on the northeast corner of Sandy Lake and Coppell Roads with the conditions as submitted on the Agenda Request Form and that the final plat be returned to the Planning and Zoning Commission for consideration. Councilmember Sturges seconded the motion; the motion carried 6-1 with Mayor Pro Tern Mayo and Councilmembers Alexander, Sturges, Watson, Robertson, and Sheehan voting in favor of the motion and Councilmember Tunnell voting against the motion. Councilmember Tunnell inquired as to landscape requirements, homeowners' association and construction of a wall behind the commercial property. 18. Consider appointments to the City's Boards, Commissions and Committees American Red Cross Councilmember Robertson moved to appoint Jane Riggle as the City's American Red Cross Representative and appoint Chris Tidwell as the Alternate Representative, for one-year terms. Councilmember Sheehan seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson, and Sheehan voting in favor of the motion. Animal Control Aooeals Board Councilmember Sheehan moved to appoint Dr. Reid Garfield as the veterinarian on the Animal Control Appeals Board for a two-year term. Councilmember Robertson seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, Robert.son, and Sheehan voting in favor of the motion. Board of Adjustment Councilmember Robertson moved to appoint David Stonecipher, David Hymer and Jerrie Kertz to serve as regular members of the Board of Adjustment for two-year terms; appoint Richard Hohnholt to serve as an alternate on the Board of Adjustment for a two-year term and appoint Cletus Glasener to serve as an alternate on the Board of Adjustment for a one-year term. Councilmember Sheehan seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson, and Sheehan voting in favor of the motion. Building and Standards Commission Councilmember Alexander moved to appoint Steven Wright and Thomas Hill to serve as regular members of the Building and Standards Commission for two-year terms and appoint/on Nesbit and David Lucero to serve as alternates on the Board of Adjustment for two-year terms. Councilmember Sturges seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson, and Sheehan voting in favor of the motion. Conduct Review Board Councilmember Sheehan moved to appoint Marie Reed, Thomas Samson and Katherine Wehunt to serve one-year terms on the Conduct Review Board. Mayor Pro Tem Mayo seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson, and Sheehan voting in favor of the motion. CM~I~ Disciplinary Appeals Advisory Board Councilmember Sheehan moved to appoint Jerry Arlington, Marie Reed and Douglas Shaw to serve one-year terms on the Disciplinary Appeals Advisory Board. Councilmember Watson seconded the motion; the motion carried 7-0 with Mayor Pro Tern Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson, and Sheehan voting in favor of the motion. Economic Development Partnership Committee Councilmember Tunnell moved to appoint Bill Rohloff and Kathryn Stephenson to serve on the Economic Development Partnership for two-year terms and Carl Patrick Murphy and Ron Pankey to serve one-year terms. Councilmember Sturges seconded the motion; the motion carried 7-0 with Mayor Pro Tern Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson, and Sheehan voting in favor of the motion. Keep Coppell Beautiful Committee Councilmember Tunnell moved to appoint Richard Murphy, Jeannie Houston and Robert Coffman to the Keep Coppell Beautiful Committee to serve two-year terms and appoint Jim Dippold to serve a one-year term. Councilmember Alexander seconded the motion; the motion carried 7-0 with Mayor Pro Tern Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson, and Sheehan voting in favor of the motion. Library Board Councilmember Sturges moved to appoint Jeanne Heath, Dale Griffiths and Kim Wagner to serve as regular members to the Library Board for two-year terms; appoint Ellen Weaver as Alternate on the Library Board for a two-year term and appoint Katherine Wehunt to serve as Alternate on the Library Board for a one-year term. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tern Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson, and Sheehan voting in favor of the motion. Parks and Recreation Board Mayor Pro Tem Mayo moved to appoint Scott Williams, Charles Markham and Brian Francis to serve as regular members of the Parks and Recreation Board for two-year terms; appoint James Switzer and Laura Swaldi to serve as regular members of the Parks and Recreation Board for one-year terms; appoint Rene' Lawson to serve as an alternate on the Parks and Recreation Board for a one-year term and appoint Carl Patrick Murphy to serve as an alternate on the Parks and Recreation Board for a two-year term. Councilmember Robertson seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson, and Sheehan voting in favor of the motion. CM~I~J~ h~e lO er L~ Planning and Zoning Commission Mayor Pro Tem Mayo moved to appoint Andra Mabry, Angelo Defilippo and Richard Jones to the Planning and Zoning Commission for two-year terms. Councilmember Robertson seconded the motion; the motion carried 5-2 with Mayor Pro Tem Mayo and Councilmembers Alexander, Sturges, Watson, and Robertson voting in favor of the motion and Councilmembers Tunnell and Sheehan voting against the motion. Councilmember Tunnell expressed her concerns over not reappointing any incumbent members to this Board. Special Counsel Councilmember Sheehan moved to appoint Gerald D'Unger and Kenneth Hill to serve as Special Counsel for one-year terms. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson, and Sheehan voting in favor of the motion. Telecommunications Board Councilmember Sturges moved to appoint Margaret Quinn, Edwin Towell and William Pendergast to serve as regular members of the Telecommunications Board for two-year terms; and appoint Randall McComas to serve as alternate to the Telecommunications Board for a two- year term. Mayor Pro Tem Mayo seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson, and Sheehan voting in favor of the motion. Tree Board Councilmember Watson moved to appoint Philip Fisher, Jay Halpin and Jay Shirley to the Tree Board for two-year terms; and appoint Patricia Lambert and Mack McCurry to the Tree Board for one-year terms. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tern Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson, and Sheehan voting in favor of the motion. 19. Consider the appointment of a Citizen Task Force for Preservation and Enhancement of the Visual Image on High Prof'de Corridors. Council directed Staff to extend advertising and move the completion date to February 1, 1997. No other action was taken on this item. 20. Necessary action resulting from Executive Session. There was no action necessary under this item. 21. City Manager's Report. A. D/FW Runway Use Plan-- A. City Manager Jim Witt discussed the Runway Use Plan and announced a hearing would be held September 11, 1996 at 1:30. The good points on the plan are: 1) limits on late night traffic on the runway; 2) headings for jet and prop departures are very positive including only one heading for jets and more southerly headings for prop planes; and 3) this runway is not a primary means for departure. The negative points on the plan include 1) drifting needs to be corrected; 2) noise monitoring system needs to be running and monitored; and 3) runway headings for Runway 35C for northbound departures. Consensus of Council was requested to push the points discussed and take any steps necessary to make sure the points are incorporated in the Runway Use Plan. EXECUTIVE SESSION (Closed to the Public) Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Morton convened into Executive Session at 9:34 p.m. as allowed under the above-stated article. Mayor Morton adjourned the Executive Session at 9:38 p.m. and opened the Regular Session. REGULAR SESSION (Open to the Public) Continuing with City Manager's Report - Mayor Morton and City Manager Jim Witt will attend and represent the City at the hearing. 22. Mayor's Report. There was no Mayor's Report. There being no further business to come before the ,City Council, the meeting was adjourned. Tom Morton, Mayor ATTEST: Kathleen Roach, City Secretary CM09109~ Pa~e 12 of 12