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CM 1998-06-09 MINUTES OF JUNE 9, 1998 The City Council of the City of Coppell met in Regular Called Session on Tuesday, June 9, 1998, at 6:00 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Candy Sheehan, Mayor Marsha Tunnell, Mayor Pro Tern Greg Garcia, Councilmember Chuck Sturges, Councilmember Pat Keenan, Councilmember Doug Stover, Councilmember Larry Wheeler, Councilmember Bill York, 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 Sheehan 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. Review of City Litigation. a. Sowell vs. City of Coppell, et al. b. Reitman vs. City of Coppell Mayor Sheehan convened into Executive Session at 6:15 p.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive Session at 6:28 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session Discussion relating to restructuring Boards/Commissions/ Committees. CM060995 Page 1 ofl$ B. Discussion of appointments to Council Committees. C. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Invocation. The Rev. Ken Hovland of Rejoice Lutheran Church led those present in the Invocation. 5. Pledge of Allegiance. Mayor Sheehan led those present in the Pledge of Allegiance. 6. Swearing-in of Councilmember, Place 7. Mayor Sheehan sworn in Bill York to Council Place 7. 7. Consider appointment of Mayor Pro Tem as required by Section 3.05 of the Home Rule Charter. Couneilmember Wheeler moved to renominate current Mayor Pro Tem Marsha Tunnell for a second term. Councilmember York seconded the motion; the motion carried 7-0 with Mayor Pro Tern Tunnell and Councilmembers Garcia, Sturges, Keenan, Stover, Wheeler and York voting in favor of the motion. At this point the Council consisted of the following: Candy Sheehan, Mayor Marsha Tunnell, Mayor Pro Tem Greg Garcia, Councilmember Chuck Sturges, Councilmember Pat Keenan, Councilmember Doug Stover, Councilmember Larry Wheeler, Councilmember Bill York, Councilmember CM060998 Page 2 of 12 8. Presentation honoring former Councilmembers. Mayor Sheehan made a presentation of plaques to former Councilmembers Watson, Alexander and Mayo. 9. Quarterly presentation to Council by the Coppell Recreation Development Corporation. Kip Allison, Chairman of the Coppell Recreation Development Corporation, presented the Corporation's quarterly report to Council stating that the architect had been asked to make some changes to the plans for the aquatic/recreation center that will go before the committee on the 16th of June; trail improvements associated with the Denton Tap Bridge had been discussed by the committee and funding had been approved by the CRDC in the amount of $413,000; funding was approved by the CRDC for Wagon Wheel Park in the amount of $48,500; and an agenda should be forthcoming regarding the aquatic/recreation center. Clay Phillips, Deputy City Manager, and Mr.Allison addressed questions from Council. 10. Citizen's Appearances. Jena Simmons, 358 Ashley Drive, addressed the Council regarding the aquatic/recreation center. B. Michael Leonard, 1445 Pebble Creek Drive, advised the Council of the noise problems his neighborhood is having from the Lone Star night club and asked the Council to pass a new ordinance regarding noise. C. Ed Caldwell, 601 Shadowcrest, provided to Council documents he had received from Washington; to Peter G. Smith a copy of the 1998 Open Records Handbook; to Jim Witt a book on management; and requested Council to familiarize themselves with the Constitution and the Bill of Rights. He also advised Council that it was time for a Police Review Board. CONSENT AGENDA 11. Consider approval of the following consent agenda items: .4, Consider approval of minutes: May 12, 1998 -- May 26, 1998 June 2, 1998. CM06099S Page 8 of 12 B. Consider approval of awarding Bid]Contract #Q-0498-03 for the construction of an At-Grade Rail Crossing and Traffic Signal on Fairway Drive at Belt Line Road to Rebcon, Inc. in the amount of $348,802.50; and authorizing the Mayor to sign. C. Consider approval of an Ordinance for Case No. S-1139, Rebekah's, zoning change from C (Commercial) to C-S.U.P. (Commercial, Special Use Permit) to allow the operation of a tea and coffee house in Georgetown Plaza located at 700 East Sandy Lake Road, and authorizing the Mayor to sign. D. Consider approval of an Ordinance for Case No. PD-169, a zoning change from SF-12 (Single Family-12) and PD-SF-7 (Planned Development, Single Family-7), to allow the development of 3 residential lots on approximately 2 acres of property located on the west side of Moore Road, approximately 680 feet south of Sandy Lake Road, and authorizing the Mayor to sign. E. Consider approval of an Ordinance for Case No. S-1137, First United Methodist Church of Coppell, zoning change from SF-7 and SF-12 (Single Family 7 and 12) to SF-7 and SF-12-S.U.P. (Single Family 7 and 12, Special Use Permit), to allow the expansion of the existing church and additional parking on 12.04 acres of property located at the northeast and northwest corners of Heartz and Bethel School Roads, and authorizing the Mayor to sign. Item B was pulled for further consideration. Items A, C, D and E -- Mayor Pro Tern Tunnell moved to approve Consent Agenda Items A, C carrying Ordinance No. 91500-A-195, D carrying Ordinance No. 91500-A-190 and E carrying Ordinance No. 91500-A-191. Councilmember York seconded the motion; the motion carried 7-0 with Mayor Pro Tern Tunnell and Councilmembers Garcia, Sturges, Keenan, Stover, Wheeler and York votng in favor of the motion. CM060998 Page 4 of 12 Item B -- Couneilmember York moved to approve Bid/Contract #Q-0498-03 for the construction of an At-Grade Rail Crossing and Trnt~ic Signal on Fairway Drive at Beltline Road to Rebcon, Inc. in the amount of $329,302.50; and authorizing the Mayor to sign. Councilmember Sturges seconded the mot/on; the motion carried 7-0 with Mayor Pro Tern Tunnell and Councilmembers Garcia, Sturges, Keenan, Stover, Wheeler and York voting in favor of the motion. 12. PUBLIC HEARING: Consider approval of Case No. S-1141, I Fratelli, zoning change request from C (Commercial) to C-S.U.P. (Commercial, Special Use Permit), to allow a carry-out pizza restaurant at Woodside Village Shopping Center located at the northwest corner of Sandy Lake and Denton Tap Roads. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Sheehan opened the Public Hearing and advised that no citizens had signed up to speak on this item. George Cole, Applicant, addressed the Council concerning this restaurant. Councilmember Sturges moved to close the Public Hearing and approve Case No. S-1141, I Fratelli, zoning change request from C (Commercial) to C-S.U.P. (Commercial, Special Use Permi0, to allow a carry-out pizza restaurant at Wood, de Village Shopping Center located at the northwest coruer of Sandy Lake and Denton Tap Roads subject to the following conditions: 1) installation being made in accordance with the floor plan and sign elevations submitted; and 2) hours of operation shall be 11:00 a.m. to 10:00 p.m. Sunday through Thursday and 11:00 a.m. to 11:00 p.m. Friday and Saturday. Councilmember Garcia seconded the motion; the motion carried 7-0 with Mayor Pro TemTunnell and Councilmembers Garcia, Sturges, Keenan, Stover, Wheeler and York voting in favor of the motion. 13. Consider approval of the Northlake 635 Business Park, Lot 3, Block D, Site Plan and Minor Plat, to create a single lot to accommodate an existing retail center on property located at the southwest corner of Wrangler and Crestside Drives. Gary Sieb, Director of Planning and Community Services, made a presentation to the Counc/l and answered questions regarding the environmental safety of the facility, the outdoor play area, and airport noise. Jim Brittnln, Applicant, addressed questions of Council concerning the traffic issue in the parking lot. Councilmember Sturges moved to approve the Northlake 635 Business Park, Lot 3, Block D, Site Plan and Minor Plat, to create a single lot to accommodate an existing retail center on property located at the southwest corner of Wrangler and Crestside CM060995 Page 5 of Drives; subject to the following conditions: 1) a site plan variance being granted by the Board of Adjustment to allow the location of the fence in the required 30-foot setback; and 2) that a sidewalk easement be given on the north property. Couneilmember Keenan seconded the motion; the motion carried 5-2 with Counc. ilmembers Garcia, Sturges, Keenan, Stover, and Wheeler voting in favor of the motion and Mayor Pro Tern Tunnell and Councilmember York voting against the motion. 14. Consider approval of the Glynn Solomon, Site Plan, to allow the development of a 2,889 square foot dental office on approximately 1 acre tract of property located approximately 720 feet west of Denton Tap Road; along the north side of Parkway Boulevard. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council and _answered Council's questions regarding traffic flow. Ken Griffin, Director of Engineering and Public Works, addressed the issue of a traffic light. Councilmember Sturges moved to approve the Glynn Solomon, Site Plan, to allow the development of a 2,889 square foot dental office on approximately 1 acre tract of property located appro×imately 720 feet west of Denton Tap Road; along the north side of Parkway Boulevard. Mayor Pro Tem Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Tunnell and Couneilmembers Garcia, Sturges, Keenan, Stover, Wheeler and York voting in favor of the motion. 15. Consider approval of an Ordinance for a zoning change from SF-9 (Single Family-9) and TH-1 (Town House Residential-l) to SF-9 (Single Family-9), on property located at the northeast corner of Mockingbird Lane and Beltline Road, and authorizing the Mayor to sign. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council and indicated that he had received a letter from the property owner opposing the rezoning to SF-9 totally. Mr. Sieb advised that because of the letter, a 3/4 vote of Council would be required to pass the ordinance. Mayor Sheehan advised that she had received a request for Executive Session by Couneilmember Stover. CM060998 Page 6 of 12 -- EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Sheehan convened into Executive Session at 8:25 p.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive Session at 8:32 p.m. and reopened the Regular Session, continuing with Item 15. REGULAR SESSION (Open to the Public) Mayor Pro Tem Tunnell moved to approve Ordinance No. 91500-A-192, zoning change f~om SF-9 and TH-1 to SF-9 on property located at the northeast corner of Mockingbird Lane and Beltllne Read, and authorizing the Mayor to sign. Couneilmember York seconded the motion. Discussion was held by Council regarding the motion and best use of the land. Steve Parsons, property owner, addressed the Council advising that he would like to have the property zoned to SF-7. Mayor Sheehan advised that she had received a request for Executive Session by Councilmember Keenan. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Sheehan convened into Executive Session at 8:42 p.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive Session at 8:45 p.m. and reopened the Regular Session, continuing with Item 15. REGULAR SESSION (Open to the Public) Mayor Sheehan reminded everyone that there was a motion and second on the floor. A vote was taken; the motion carried 6-1 with Mayor Pro Tern Tunnell and Councilmembers Garcia, Keenan, Stover, Wheeler and York voting in favor of the motion and Councilmember Sturges voting against the motion. A short recess was held at this time. CM060995 Page 7 of 12 16. PUBLIC HEARING: Consider approval of Case No. PD-166, Westbury Manor, zoning change request from SF-12 (Single Family-12) to PD-SF-7 (Planned Development, Single Family-7) to allow development of 35 residential lots on approximately 10 acres of property located along the east side of Heartz Road and along the south side of Sandy Lake Road. Mayor Sheehan advised that Councilmember Garcia lives within two hundred feet of the subject property and had filed a Conflict of Interest with the City Secretary. At this time, Couneilmember Garcia excused himself from the dais. Gary Sieb, Director of Planning and Community Services, made a presentation and answered questions of Council. Fred Phillips, Applicant, addressed Council and answered questions of Council. Mayor Sheehan opened the Public Hearing and asked for those persons wishing to speak on this item. Byron Hardin, 153 Simmons; Ben Murray, 117 Simmons; Steve Crumley, 144 Simmons; Terry Cheshier, 149 Simmons; and Larry Cheshier, 149 Simmons spoke against the proposal. Mayor Pro Tem Tunnell inquired about the building setbacks, trees, screening fence and the alley property. Mayor Sheehan asked about the easement situation and replattlng the existing homes. Councilmember Sturges questioned about replatting, drainage, road humps, traffic concerns, setbacks and the issue of tree survival. Ken Griffin, Director of Engineering and Public Works, addressed the drainage issue and road humps. Councilmember Stover inquired about the legal boundaries and the number of people required for a petition. Councilmember Keenan asked about the easements, liability, the master plan and density. Councilmember Wheeler inquired about the alleyways, zoning on adjacent property, and speed humps. Mr. Grifffi discussed the history of the speed humps. Councilmember Wheeler expressed his concern for the Post Oak trees. Mayor Pro Tern Tunnell inquired about the number and location of the proposed speed humps and commented regarding the zoning change. Mayor Sheehan inquired about a meeting with the surrounding homeowners. Mr. philllps addressed this question and one of the homeowners advised that the meeting did not take place until the night before the Planning and Zoning Commission meeting. Councilmember Sturges moved to close the Public Hearing and approve Case No. PD-166, Westbury Manor, zoning change request from SF-12 (Single Family-12) to PD-SF-7 (Planned Development, Single Family-7) to allow development of 35 residential Iota on approximately 10 acres of property located along the east side of Heartz Road and along the south side of Sandy Lake Road, subject to the following conditions: 1) if the traffic calming devices provided by the Applicant are to be speed humps, they need to be surfaced with brick pavers or comparable material and spaced and possess surface features as approved by the City Engineer; and 2) the developer hire an arborist to be approved by the City to guide the developer in best practices to save existing trees, including installation of orange netting around such trees to the drip lines and signage to best insure their survival. Mayor Pro Tem Tunnell CM060998 Page 8 of 12 seconded the motion; the motion carried 4-2 with Mayor Pro Tem Tunnell and Counc ilmembers Sturges, Wheeler and York voting in favor of the motion and Counci]members Keenan and Stover voting against the motion. 17. Consider approval of the Westbury Manor Preliminary Plat, to allow development of 35 residential lots on approximately 10 acres of property located along the east side of Heartz Road and along the south side of Sandy Lake Road. Councilmember Garcia remained absent from the dais as this item regards the same property as Item 16. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Councilmember Sturges moved to approve the Westbury Manor Preliminary Plat, to allow development of 35 residential lots on approximately 10 acres of property located along the east side of Heartz Road and along the south side of Sandy Lake Road, subject to the following condition: 1) if the traffic calming devices provided by the Applicant are to be speed humps, they need to be surfaced with brick pavers or comparable material and spaced and possess surface features as approved by the City Engineer. Couneilmember Wheeler seconded the motion; the motion carried 4-2 with Mayor Pro Tern Tunnell and Councilmembers Sturges, Wheeler and York voting in favor of -- the motion and Councilmembers Keenan and Stover voting against the motion. 18. Consider providing that the Planning and Zoning Coromission be the authority responsible for the approval of the Final Plat of Westbury Manor, to allow the development of 35 residential lots on approximately 10 acres of property located along the east side of Heartz Road and along the south side of Sandy Lake Road. Councilmember Garcia remained absent from the dais as this item regards the same property as Items 16 and 17. Mayor Pro Tern Tunnell moved to deny that the Planning and Zoning Commission be the authority responsible for the approval of the Final Plat of Westbury Manor. Councilmember Sturges seconded the motion; the motion to deny carried 6-0 with Mayor Pro Tern Tunnell and Coun~-ilmembers Sturges, Keenan, Stover, Wheeler and York voting in favor of the motion. A short recess was held at this time. Councilmember Garcia resumed his seat on the dais at this time. CM060998 Page 9 of 1~- 19. PUBLIC HEARING: Consider approval of Case No. PD-167, Pecan Park (formerly known as Eastbury Manor), zoning change request from SF-12 (Single Family-12) to PD-SF-7 (Planned Development, Single Family-7) to allow development of 23 residential lots on approximately 7 acres of property located at the northeast corner of Lodge and Sandy Lake Roads. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council and advised that the Planning and Zoning Commission had denied PD-167 and that it would take a 3/4 vote of Council to overrule the denial. Stephen Brooks, President of Grand Homes, made a presentation to the Council. Mayor Sheehan opened the Public Hearing and asked for those persons wishing to speak regarding this item. Tracy Fisher, 136 Park Valley Court; Janet Hill, 135 Park Valley Court; Ken Hovland, representing Rejoice Lutheran Church, 532 E. Sandy Lake Read; Steve Gellman, 127 Beaver Run; Ken Randolph, 128 Park Valley Court; Andy Louis, 344 Cedar Crest Drive; and Bill Anderson, 327 Tanglewood addressed Council regarding their opposition to this proposal. Councilmember Garcia inquired as to the existence of a gas well on the property. Mr. Sieb indicated there was no well on the property. Councilmember Sturges moved to close the Public Hearing and deny Case No. PD-167, Pecan Park (formerly known as Eastbury Manor), zoning change request from SF-12 (Single Family-12) to PD-SF-7 (Planned Development, Single Family-7) to allow development of 23 residential lots on approximately 7 acres of property located at the northeast corner of Lodge and Sandy Lake Reads. Couneilmember York seconded the motion; the motion to deny carried 7-0 with Mayor Pro Tern Tunnell and Councilmembers Garcia, Sturges, Keenan, Stover, Wheeler and York young in favor of the motion. 20. PUBLIC HEARING (CONTINUED): Consider approval of an amendment to Section 29-4 to replace Paragraph (C) of Subsection 2 of the Coppell Zoning Ordinance in its entirety to permit more than one monument sign on property in excess of 5 acres with frontage on more than one street. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council indicating that this Public Hearing was continued from May 12, 1998. No citizens signed up to speak on this item. Councilmember York moved to close the Public Hearing and approve Item 20. Councilmember Garcia seconded the motion; the motion carried 7-0 with Mayor Pro Tern Tunnell and Councilmembers Garcia, Sturges, Keenan, Stover, Wheeler and York voting in favor of the motion. CM060998 Page 10 of 12 21. Consider approval of an Ordinance for Case No. PD-160R, amending Ordinance No. 91500-A-173 for property zoned PD- MF, SF-7 and Open Space (Planned Development, Multi-Family- 2, Single Family-7 and Open Space), to allow a 1,219 square foot day care facility in the clubhouse on property located along the east side of Coppell Road, approximately 967 feet north of Parkway Boulevard, and authorizing the Mayor to sign. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Councilmember Sturges moved to approve Ordinance No. 91500-A-193 for Case No. PD-160R, Amending Ordinance No. 91500-A-173 for property zoned PD-MF, SF-7 and Open Space (Planned Development, Multi-FAmily-2, Single Family-7 and Open Space), to allow a 1,219 square foot day care facility in the clubhouse on property located along the east side of Coppell Road, approximately 967 feet north of Parkway Boulevard, and authorizing the Mayor to sign. Councilmember Wheeler seconded the motion; the motion carried 4-3 with Coun~clmembers Garcia, Sturges, Stover, and Wheeler voting in favor of the motion and Mayor Pro Tern Tunnell and Councilmembers Keenan and York voting against the motion. 22. Consider approval of appointments to Council's Committees. Mayor Pro Tem Tunnell moved to approve the 1998 appointments to Council Committees as follows: Carrol]ton ISD and Lewisvflle ISD Pat Keenan; City/Coppell ISD LiAisons - Bill York and Doug Stover; D/FW Film Commission - Marsha Tunnell; D/FW Noise Forum - Larry Wheeler and Chuck Sturges; Dallas Central Appraisal Advisory Board - Chuck Sturges; Economic Development Partnership - Doug Stover and Larry Wheeler; Metrocrest Hospital Authority - Marsha Tunnell; North Central Texas Council of Governments - Candy Sheehan; North Texas Commission - Candy Sheehan; Office of Senior Adult Services - Bill York; Special Events Committee Greg Garda; Town Center/Architectural Committee - Larry Wheeler; Trinity Trail Advisory Committee - Chuck Sturges. Councilmember Sturges seconded the motion; the motion carried 7-0 with Mayor Pro Tern Tunnell and Counoilmembers Garcia, Sturges, Keenan, Stover, Wheeler and York voting in favor of the motion. 23. Necessary action resulting from Executive Session. There was no action necessary under this item. CM060998 Page 11 of 12 24. City Manager's Report There was no report under this item. 25. Mayor's Report. A. Mayor Sheehan advised that a Budget Workshop would be held on June 24, 1998 at 7:00 p.m. in the 2nd floor conference room of Town Center. B. Mayor Sheehan announced that the Chamber luncheon would be June 17, 1998 at the library. C. Mayor Sheehan stated there would be a Planning and Zoning Conference on June 25, 1998 in Richardson. D. Mayor Sheehan advised there would be an airport noise conference on July 22-24 that she would be attending. Coun~-ilmember York asked if the D/FW Task Force had been informed of the conference. E. Mayor Pro Tern Tunnell stated she and City Attorney Peter G. Smith had attended a subcommittee meeting on development issues. F. City Attorney Peter G. Smith advised there was a good showing at the Coppell Chsmber Golf Tournsment on June 8, 1998. There being no further business to come before the City Council, the meeting was adjourned. Candy Sheeh an, Mayor ATTEST: Kathleen Roach, City Secretary CM060998 Page 12 of 12