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CM 1997-04-08 MINUTES OF APRIL 8, 1997 The City Council of the City of Copper met in Regular Called Session on Tuesday, April 8, 1997 at 6:00 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, CoppeR, 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. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Cantrell vs. City of CoppeH, et al. 2. Condemnation of Dart Right-of-Way. B. Section 551.072, Texas Government Code - Deliberation regarding real property. 1. Deliberations regarding Wagon Wheel Property mineral and telecommunication rights. Mayor Morton convened into Executive Session at 6:12 p.m. as allowed under the above-stated article. Mayor Morton adjourned the Executive Session at 6:28 p.m. and opened the Work Session. Page 1~ 10 WORK SESSION (Open to the Public) __ 3. Convene Work Session A. Discussion of Solicitor's Permit Ordinance. B. Update on status of donation to CoppeH Civic Wind Symphony. C. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Invocation. Councilmember Sturges 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 naming the week of April 24-30, 1997 as National TV-Turnoff Week, and authorizing the Mayor to sign. B. Consider approval of a Proclamation naming Friday, April 11, 1997 Coppell High School Lariette Drill Team Appreciation Day, and authorizing the Mayor to sign. C. Consider approval of a Proclamation recognizing Coppell as a Tree City USA and authorizing the Mayor to sign. A. This item was pulled by the requestor. B. Mayor Morton read the Proclamation for the record and presented the same to the drill team members present. Mayor Pro Tem Mayo moved to approve a Proclamation naming Friday, April 11, 1997 Coppell High School Lariette Drill Team Appreciation Day, and authorizing the Mayor to sign. Councilmember Robertson seconded the motion; the motion carried 7-0 with Mayor Pro Tern Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, Robert. son, and Sheehan voting in favor of the motion. C. Mayor Morton read the Proclamation for the record. Councilmember Watson moved to approve a Proclamation recognizing Coppell as a Tree City USA and authorizing the Page 2 at 10 Mayor to sign. 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. 7. Citizen's Appearances. A. Richard Pilone, Sr., 801 Howell Drive, advised Council of a group that had formed to try and have the bicycle helmet ordinance repealed. B. Dan Saur, 507 Leisure Court, requested that Council reconsider the bicycle helmet ordinance. CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: March 25, 1997. B. Consider approval of awarding a bid to Total Customer Solutions, Inc. for water meter reading services not to exceed $0.45 per meter each month. C. Consider approval of an ordinance amending Chapter 9 of the Code of Ordinances, to add Article 9-18, Swimming Pool and Spa Operation and Maintenance Operations; and authorizing the Mayor to sign. D. Consider approval of an Ordinance amending Chapter 15, Article 15-1, Section 15-1-2(23) of the 1994 Uniform Building Code, to require that all public and semi-public swimming pools be designed to meet minimum NSPI standards, and that all safety and accessibility devices be installed per manufacturer's requirements, and authorizing the Mayor to sign. Mayor Pro Tem Mayo moved to approve Consent Agenda Items A, B, C carrying Ordinance No. 97792 and D carrying Ordinance No. 97793. 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. Page 3 og 1~ 9. PUBLIC HEARING: Consider approval of Case No. S-1062R, Le Chalet, zoning change for property zoned C-S.U.P. (Commercial, Special Use Permi0 by amending the Special Use Permit to allow the consumption of alcoholic beverages in a private club restaurant located in the Townoaks Centre at the southeast corner of Sandy Lake and Denton Tap Roads. Pert Virtanen, Assistant 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. Rand Brown, II, 660 Allen Road, who was attending the meeting for a Boy Scout project, addressed the Council on this item and expressed that he was in favor of the zoning change. Justin Webb, 304 Johnson, also attending the meeting for a Boy Scout project, spoke to Council regarding being in favor of this item. Councilmember Sturges thanked the two Boy Scouts for their input and inquired as to whether this restaurant had ever applied in the past and been turn down. Mr. Virtanen advised that the restaurant had previously only offered breakfast and lunch and would now like to offer evening meals. Mayor Pro Tem Mayo applauded the Boy Scouts for taking part in the public session but expressed criticism of the boys' parents for allowing them to discuss issues which they were underage to participate in. He also stated that he did not see the need for a restaurant to sell alcohol to be recognized as a good eating establishment. Couneilmember Robertson agreed with Mayor Pro Tern Mayo's first statement then moved to close the Public Hearing and approve Case No. S-1062R, Le Chalet, zoning change for property zoned C-S.U.P. (Commercial, Special Use Permit) by -- amending the Special Use Permit to allow the consumption of alcoholic beverages in a private club restaurant located in the Townoaks Centre at the southeast corner of Sandy Lake and Denton Tap Roads, subject to the condition that the hours will be no later than 11:00 p.m. on Sunday through Thursday and no later than 12:00 midnight on Friday and Saturday. Councilmember Alexander seconded the motion; the motion carried 5-2 with Councilmembers Alexander, Watson, Tunnell, Robertson, and Sheehan voting in favor of the motion and Mayor Pro Tern Mayo and Councilmember Sturges voting against the motion. Councilmember Tunnell inquired whether there was a law in place requiring servers of alcohol to receive training. City Attorney Peter G. Smith advised that training was required to receive the Private Club License. 10. PUBLIC HEARING: Consider approval of Case No. S-1124R, Nextel of Texas, Communications Antenna, zoning change from LI (Light Industrial) to LI-S.U.P. (Light Industrial, Special Use Permit), to allow the construction of a 120' monopole with three (3) omni whip antennae attached and a 200 square foot equipment cabinet at the base of the monopole on a 2,500 square foot site, located approximately 1,350' west of State Road and 1,819' south of Sandy Lake Road. Pert Virtanen, Assistant 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. Robert Key, 204 Steamboat, suggested that this SUP be listed as it applies to Nextel and Nextel only and that a timeline may not be the best thing to do; Walter Pettijohn, 525 Oak Grove, stated he felt that the City was competing with commercial businesses and asked that some criteria be set up. City Manager Jim Witt advised that the site was not City property. Sharon Home, 8585 N. Stemmons, Dallas, representing Capital Land Services, addressed the Council concerning her support of the project. Councilmember Sturges inquired as to whether this application complies with the new ordinance passed at the last meeting regarding towers. Mr. Virtanen advised that it did comply. Councilmember Robertson moved to close the Public Hearing and approve Case No. S-1124R, Nextel of Texas, Communications Antenna, zoning change from LI (Light Industrial) to LI-S.U.P. (Light Industrial, Special Use Permit), to allow the construction of a 120' monopole with three (3) omni whip antennae attached and a 200 square foot equipment cabinet at the base of the monopolc on a 2,500 square foot site, located approximately 1,350' west of State Road and 1,819' south of Sandy Lake Road, subject to the conditions as listed on the Agenda Request Form and to limit the SUP to Nextel of Texas only. Councilmember Alexander seconded the motion; the motion carried 5-2 with Mayor Pro Tern Mayo and Councilmembers Alexander, Watson, Robertson, and Sheehan voting in favor of thc motion and Councilmembers Sturges and Tunnell voting against the motion. 11. PUBLIC HEARING: Consider approval of Case No. S-1127, AFE Oil & Gas Consultants, zoning change from LI (Light Industrial) to LI-S.U.P. (Light Industrial, Special Use Permi0, to allow the drilling and production of natural gas on 42.3267 acres of property, located approximately 680' south of Corporate Park Blvd., along the east side of S.H. 121. Pert Virtanen, Assistant Director of Planning and Community Services, made a presentation to the Council indicating that Callejo #1 would have to go back through the P & Z process to amend the spacing condition. Mayor Morton opened the Public Hearing and asked for those persons wishing to speak regarding this proposal. Robert Key, 204 Steamboat, advised that P & Z was under the impression that Council could amend the Callejo #1 spacing condition. City Attorney Peter G. Smith advised that Council did not have the mechanism to amend the SUP at this time on the other site. Councilmember Robertson asked if the Applicant could execute a Hold Harmless Agreement with the City. City Attorney Peter O. Smith stated that would be a possibility. Jason Dvorin, representing AFE Oil and Gas Consultants, advised Council he was present to answer any questions that Council may have. Councilmember Sturges expressed concern at the open flame depicted in one of the photographs and he was advised that the flame was a controlled flare and that the Fire Marshall was notified beforehand. Mayor Morton advised that he would like Condition 7 to come back to Council and not go to the Planning and Zoning Commission. City Attorney Peter G. Smith stated it would be appropriate to go back to the Planning and Zoning Commission if the SUP were to be revoked. Councilmember Alexander inquired as to the process involved in Condition 3. City Attorney Peter G. Smith stated that even if the Applicant did not initiate the process, the Council could l~eSer~O direct the Planning and Zoning Commission to conduct a Public Hearing and decide the item. Councilmember Sturges discussed the safety issue and the dense concentration issue of the wells. Mayor Pro Tem Mayo discussed the density and spacing issue. Councilmember Tunnell stated her concern over the fact that Condition 3 did not indicate what the change would be and also concerns over the testing done by the Texas Railroad Commission. Councilmember Tunnell also stated she would like to see the Engineering and Fire Department comments included along with the site plan. City Attorney Peter G. Smith advised that the Council would not have to decide at the present time what the Spacing of the wells would be as that issue would be coming back to Council in another ordinance. Councilmember Robertson moved to close the Public Hearing and approve Case No. S-1127, AFE Oil & Gas Consultants, zoning change from LI (Light Industrial) to LI-S.U.P. (Light Industrial, Special Use Permi0, to allow the drilling and production of natural gas on 42.3267 acres of property, located approximately 680' south of Corporate Park Blvd., along the east side of S.H. 121, subject to the conditions as listed on the Agenda Request Form and the Engineering and Fire Department conditions as attached to the Agenda Request Form and the site plan, and that a Public Heating be held before the Planning and Zoning Commission to consider amending the SUP on Callejo #1 to change the spacing requirement, and to allow the Applicant to continue with the project as he sees fit. Mayor Pro Tem Mayo seconded the motion. EXECUTIVE SESSION (Closed to the Public) A. Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Morton convened into Executive Session at 8:39 p.m. as allowed under the above-stated article. Mayor Morton adjourned the Executive Session at 8:44 p.m. and reconvened the Regular Session. REGULAR SESSION (Open to the Public) Mayor Morton announced that this item would be held until a copy of the first SUP could be retrieved and reviewed. In the interim Items 12, 13, 14, 15, 16, 17 and 18 were considered. See Items 12, 13, 14, 15, 16, 17 and 18 for minutes. EXECUTIVE SESSION (Closed to-the Public) A. Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Morton convened into Executive Session at 8:55 p.m. as allowed under the above-stated article. Mayor Morton adjourned the Executive Session at 9:05 p.m. and reconvened the Regular Session. REGULAR SESSION (Open to the Public) Continuing with Item 11 - Councilmember Robertson repeated his previous motion and Mayor Pro Tem Mayo repeated his second. Councilmember Watson inquired as to whether there were any citizens at the Planning and Zoning Commission meeting on this item. Mr. Virtanen stated there were two from the Village of Cottonwood Creek IV and they had concerns regarding this item. Mayor Pro Tem Mayo stated that his original understanding on the spacing requirement that no well could be placed in a 2,640 foot-radius is not a true understanding of the requirement and inquired of the Applicant how many well sites are being proposed. Mr. Key stated that the entire ownership is approximately 120 acres and that the Railroad Commission would not allow wells without 40 acres so that the total potential on this property would be 3 wells. Sanford Dvorin, representing the Applicant, addressed Council regarding the spacing requirement and stated that there would not be any more than 2 wells on this property. Councilmember Sturges stated he sat on the Planning and Zoning Commission when the first well came forward and stated that the Commission approved this site specifically with the understanding that there would be a radius of 2,640 feet between wells. Mayor Pro Tem Mayo called the question on the motion. Councilmember Robertson seconded the calling of the question; vote was taken on calling the question and passed 5-2 with Mayor Pro Tem Mayo and Councilmembers Alexander, Watson, Robertson and Sheehan voting for calling the question and Councilmembers Sturges and Tunnell voting against calling the question. Vote was taken on the motion; the motion carried 5-2 with Mayor Pro Tem Mayo and Councilmembers Alexander, Watson, Robertson, and Sheehan voting in favor of the motion and Councilmembers Sturges and Tunnell voting against the motion. 12. PUBLIC HEARING: Consider approval of Grand Car Wash Addition, A Second Replat of Riverchase Plaza, Phase I, Lots, B-D, to create a single lot that will allow the development of a 8,447 squ~re foot car wash building and a 4,200 square foot detail building, as well as abandoning portions of an existing f'we lane and an utility easement, on 3.775 acres of property, plus an additional lot for future retail development located at the southeast corner of MacArthur Blvd. and Riverchase Drive. Pert Virtanen, Assistant Director of Planning and Community Services, made a presentation to the Council. Councilmember Alexander inquired about conditions and was advised that there were no conditions placed on this item. Mayor Morton opened the Public Hearing and asked for those persons wishing to speak regarding this proposal. There were none. Councilmember Alexander moved to close the Public Hearing and apprOve Grand Car Wash Addition, A Second Replat of Riverchase Plaza, Phase I, Lots, B-D, to create a single lot that will allow the development of a 8,447 square foot car wash building and a 4,200 square foot detail building, as well as abandoning Portions of an existing .fire lane and an utility easement, on 3.775 acres of property, plus an additional lot for future retail development located at the southeast corner of MaeArthur Blvd. and Riverehase Drive. Couneilmetnber Sheehan seconded the motion; the motion carded 7-0 with Mayor Pro Tern Mayo. and Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson, and Sheehan voting in favor of the motion. 13. PUBLIC HEARING: Consider approval of amending the Comprehensive Zoning Ordinance by revising Section 34-1-7, paragraph (B), to increase the minimum size of a newly planted tree from 2" caliper to 3" caliper. Mayor Morton opened the Public Hearing and asked for those persons wishing to speak regarding this proposal. There were none. Councilmember Alexander inquired as to how a caliper is determined. Councilmember Watson inquired as to whether this item went before the Tree Board. Pert Virtanen, Assistant Director of Planning and Community Services, advised that the Tree Board had not seen the proPosal and stated that the C.I.V.I.C. group was interested in immediate impact. After a motion and second and reseindment of the motion and second, Mayor Pro Tern Mayo moved to table Items 13 and 14 to come back to Council after consultation with the Tree Board. Councilmember Robertson 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. 14. Consider approval of a Comprehensive Zoning Ordinance that revises Section 34-1-7, paragraph (B), to increase the minimum size of a newly planted tree from 2" caliper to 3" caliper, and authorizing the Mayor to sign. This item was considered with Item 13. See Item 13 for minutes. 15. Consider approval of the Georgian Place, Preliminary Plat, to allow the development of a 35-1ot residential subdivision on 9.48 acres of property, located at the southeast corner of Sandy Lake Road and Whispering Hills Drive, approximately 2,000 west of Denton Tap Road. City Manager Jim Witt announced he would be substituting for Mr. Virtanen on Item 15 and 16, and made a presentation to the Council. Councilmember Robertson moved to approve Georgian Place, Preliminary Plat, to allow the development of a 35-1ot residential subdivision on 9.48 CMO4OSY7 Page 8 or 10 acres of property, located at the southeast corner of Sandy Lake Road and Whispering Hills Drive, approximately 2,000 west of Denton Tap Road and approve that the Planning and Zoning Commission be the authority responsible for the approval of the Final Plat of Georgian Place. Mayor Pro Tern Mayo seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mayo and Couneilmembers Alexander, Sturges, Watson, Tunnell, Robertson, and Sheehan voting in favor of the motion. 16. Consider providing that the Planning and Zoning Commission be the authority responsible for the approval of the Final Plat of Georgian Place to allow the development of a 35-1ot residential subdivision on 9.48 acres of property, located at the southeast corner of Sandy Lake Road and Whispering Hills Drive, approximately 2,000 west of Denton Tap Road. This item was considered under Item 15. See Item 15 for minutes. 17. Consider approval of the Walgreens, Preliminary Plat, to allow the development of a 13,905 square foot retail store on 1.783 acres of property, located at the northwest corner of Denton Tap Road and Parkway Boulevard. City Manager Jim Witt stated he would be substituting for Mr. Virtanen for Items 17 and 18 and made a presentation to the Council. Councilmember Robertson moved to approve Walgreens, Preliminary Plat, to allow the development of a 13,905 square foot retail store on 1.783 acres of property, located at the northwest corner of Denton Tap Road and Parkway Boulevard, subject to the conditions as listed on the Agenda Request Form, and approve that the Planning and Zoning Commission be the authority responsible for the approval of the Final Plat of Walgreens. Mayor Pro Tem Mayo 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. 18. Consider providing that the Planning and Zoning Commission be the authority responsible for the approval of the Final Plat of Walgreens to allow the development of a 13,905 square foot retail store on 1.783 acres of property, located at the northwest corner of Denton Tap Road and Parkway Boulevard. This item was considered under Item 17. See Item 17 for minutes. 19. Consider approval of the Stoneleigh at Riverchase, Final Plat, to allow the development of a 360-unit apartment complex on 20.5 acres of property, located along the south side of Riverchase Drive, approximately 650' east of MacArthur Blvd. Councilmember Robertson moved to approve Stoneleigh at Riverchase, Final Plat, to allow the development of a 360-unit apartment complex on 20.5 acres of property, located along the south side of Riverchase Drive, approximately 650' east of MacArthur Blvd., subject to the conditions as listed on the Agenda Request Form. Mayor Pro Tern Mayo seconded the motion; the motion carried 6-1 with Mayor Pro Tern Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, and Robertson voting in favor of the motion and Councilmember Sheehan voting against the motion. 20. Necessary action resulting from Executive Session. Mayor Pro Tem Mayo moved to authorize the Mayor to sign off on the Settlement Agreement in Cantrell vs. City of Coppell, et al. 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. 21. City Manager's Report. There was no report under this item. 22. Mayor's Report. A. Councilmember Robertson inquired of the City Manager whether the Town Center building had received any damage due to the hail storm in October. There being no further business to come before the City Council, the meeting was adjourned. Tom Morton, Mayor ATTEST: Kathleen Roach, City Secretary CM040897 Page 10 or 10