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CM 1999-03-09 NIINUTES OF MARCH 9, 1999 _ The City Council of the City of Coppell met in Regular Called Session on Tuesday, March 9, 1999, at 6:00 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, CoppeR, Texas. The following members were present: Candy Sheehan, Mayor Marsha Tunnell, Mayor Pro Tem Greg Garcia, Councilmember Jayne Peters, 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. Sowell, et al vs. City of Coppell, et al. 2. Mavex Coppell Crossing vs. The City of Coppell, Texas. 3. DFW Flight Related Issues. 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 7:05 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion of Airport Planning Issues. __ B. Discussion of Agenda Items. CM030999 Page 1 ofll REGULAR SESSION (Open to the Public) 4. Invocation. Pastor Ken Hovland of the Rejoice Lutheran Church led those present in the Invocation. 5. Pledge of Allegiance. Mayor Sheehan led those present in the Pledge of Allegiance. 6. Quarterly presentation to Council by the Keep Coppell Beautiful Committee. Richard Murphy, Chairman of the Keep Coppell Beautiful Committee, made a presentation to the Council. 7. Presentation by the Coppell Airport Advisory Committee. Marsha Szerlip, Chairman of the Coppell Airport Advisory Committee, made a presentation to the Council.Mayor and Council expressed their appreciation to the Committee for all their work. 8. PROCLAMATION: A. Consider approval of a Proclamation naming the week of March 21-27, 1999 as Poison Prevention Week in the City of Coppell, and authorizing the Mayor to sign. Mayor Sheehan read the Proclamation and presented the same to Fire Chief Bob Kruse. Councilmember York moved to approve a Proclamation naming the week of March 21-27, 1999 as Poison Prevention Week in the City of Coppell, and authorizing the Mayor to sign. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tern Tunnell and Councilmembers Garcia, Peters, Keenan, Stover, Wheeler and York voting in favor of the motion. 9. Citizen's Appearances. There were no citizens signed up to speak under this item. CM030~ Page 2 ofll CONSENT AGENDA .... 10. Consider approval of the following consent agenda items: A. Consider approval of minutes: February 23, 1999. B. Consider approval of extending the contract for Cleaning and Related Services of Municipal Buildings (Bid Q 0198-05) to Members Building Maintenance Corporation in the mount of $52,252.08 for an additional one year period beginning April 1, 1999. C. Consider approval of an Ordinance for Case No. S-1131R, Chadick Art Annex, zoning change request for property zoned HO-R-S.U.P. (Historic Overlay, Retail, Special Use Permit), to allow an attached gable sign on an existing commercial building, as well as to permit a wooden monument sign and a wooden screen for a proposed dumpster on 1.37 acres of property located at 509 1/2 W. Bethel Road, and authorizing the Mayor to sign. D. Consider approval of an Ordinance for Case No. PD-174, ProofRock Waterproofing Systems, zoning change request from C (Commercial) to PD-C (Planned Development, Commercial) to allow a 1,560 square ..... foot storage addition to an existing residential structure on Commercial property located at 196 Southwestern Boulevard, and authorizing the Mayor to sign. E. Consider approval of an Ordinance changing the name of Corporate Park Boulevard to Canyon Drive between North Copper Road and S.H. 121, and authorizing the Mayor to sign. F. Consider approval of an Agreement for Mutual Aid Law Enforcement by and between the D/FW International Airport and the City of Copper and authorizing the Mayor to sign. Mayor Pro Tem TunneI1 moved to approve Consent Agenda Items A, B, C carrying Ordinance No. 91500-A-216, D carrying Ordinance No. 91500-A-217, E carrying Ordinance No. 99865 and F. Councilmember York seconded the motion; the motion carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Garcia, Peters, Keenan, Stover, Wheeler and York voting in favor of the motion. CM030999 Page 3 ofll 11. Consider approval of a six-month extension of time as it applies to the expiration date of the Final Plat of Deer Run, property located at the northwest comer of Ruby and South Coppell Roads. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Councilmember York moved to approve a six-month extension of time as it applies to the expiration date of the Final Plat of Deer Run, property located at the northwest corner of Ruby and South Coppell Roads. Councilmember Keenan seconded the motion; the motion failed 2-5 with Councilmembers Keenan and York voting in favor of the motion and Mayor Pro Tern Tunnell and Councilmembers Garcia, Peters, Stover and Wheeler voting against the motion. 12. Consider approval of a six-month extension of time as it applies to the expiration date of the Final Plat of Stoneleigh at Riverchase II, property located at the southeast and southwest comers of Riverchase and Fairway Drives. Mayor Sheehan advised this item had been pulled by the Applicant. 13. Consider approval of a six-month extension of time as it applies to the expiration date of the Preliminary Plat for Windsor Estates, a 26-1ot residential subdivision on 15.78 acres of property located approximately 540' east of Allen Road at the end of DeForest Road. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Pro Tem Tunnell moved to approve a six-month extension of time as it applies to the expiration date of the Preliminary Plat for W'mdsor Estates, a 26-1ot residential subdivision on 15.78 acres of property located approximately 540' east of Allen Road at the end of DeForest Road. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Garcia, Peters, Keenan, Stover, Wheeler and York voting in favor of the motion. 14. PUBLIC HEARING: Consider approval of the designation of a reinvestment zone, pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone designation is that property owned by The Industrial Group, described as One Twenty One Business Park, Phase 1, Block 1 (21.6047 acres) located at the southeast corner of State Highway 121 and Corporate Park Boulevard. CM030999 Page 4 ofll Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Sheehan opened the Public Hearing and advised that no one had signed up to speak. Councilmember Peters moved to close the Public Hearing Councilmember Garda seconded the motion; the motion carried 7-0 with Mayor Pro Tern Tunnell and Councilmembers Garcia, Peters, Keenan, Stover, Wheeler and York voting in favor of the motion. 15. Consider approval of an Ordinance designating The Industrial Group property as Reinvestment Zone No. 24, and authorizing the Mayor to sign. Mayor Pro Tem Tunnell moved to approve Ordinance No. 99863 designating The Industrial Group property as Reinvestment Zone No. 24, and authorizing the Mayor to sign. Councilmember Garcia seconded the motion; the motion carried 7-0 with Mayor Pro Tern Tunnell and Councilmembers Garcia, Peters, Keenan, Stover, Wheeler and York voting in favor of the motion. 16. PUBLIC HEARING: Consider approval of the designation of a reinvestment zone, pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone designation is that property owned by CFH-FTAX Limited Partnership described as Freeport North Addition, Lot 1, Block 1 (7.178 acres) located at the southeast corner of Royal Lane and Northpoint Drive. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Sheehan opened the public hearing and advised that no one had signed up to speak. Mayor Pro Tern Tunnell moved to close the Public Hearing and approve Ordinance No. 99864 designating CFH-FTAX Limited Partnership property as Reinvestment Zone No. 25, and authorizing the Mayor to sign. Councilmember Stover seconded the motion; the motion carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Garcia, Peters, Keenan, Stover, Wheeler and York voting in favor of the motion. 17. Consider approval of an Ordinance designating CFtt-FTAX Limited Parmership property as Reinvestment Zone No. 25, and authorizing the Mayor to sign. This item was considered under Item 16. See Item 16 for minutes. CM030999 Page 5 ofll 18. PUBLIC HEARING: Consider approval of Case No. S-1155, Dickey's Barbecue Restaurant, zoning change request from C (Commercial) to C-S.U.P. (Commercial, Special Use Permit), to allow a 4,000 square foot restaurant on a .913 acre tract of property located along the west side of S. Denton Tap Road; along the south side of the St. Louis & Southwestern Railroad right-of-way. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Sheehan opened the Public Heating and advised that the Applicant was the only person signed up to speak. T. D. Dickey, Jr., Applicant, made a presentation to the Council. Mayor Pro Tern Tunnell inquired about the parking. Councilmember Stover asked whether the Applicant planned to seek an alcohol permit. Coundlmember Garda moved to close the Public Hearing and approve Case No. S-1155, Dickey's Barbecue Restaurant, zoning change request from C (Commercial) to C-S.U.P. (Commercial, Special Use Permi0, to allow a 4,000 square foot restaurant on a .913 acre tract of property located along the west side of S. Denton Tap Road; along the south side of the St. Louis & Southwestern Railroad right-of-way subject to the following conditions: 1) accept the 1,071 square feet of right-of-way planting to count as part of the required landscaping; 2) modify the site data information on the Site Plan to match the Landscape data on the Landscape Plan; 3) the Landscape and Irrigation Plan should be signed and sealed by the appropriate professional; and 4) approve submitted building materials, which will be specified in the ordinance. Mayor Pro Tern Tunnell seconded the motion. Mr. Sieb stated the colors should be specified and the hours of operation. Councilmember Garcia moved to amend his motion to specify the operating hours as 11:00 a.m. until 9:00 p.m. seven days per week and spedfyMg the color of bricks and materials as submitted. Mayor Pro Tern Tunnell seconded the motion; the motion to amend carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Garda, Peters, Keenan, Stover, Wheeler and York voting in favor of the motion. Vote was taken on the amended motion; amended motion carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Garcia, Peters, Keenan, Stover, Wheeler and York voting in favor of the motion. 19. PUBLIC HEARING: Consider approval of Case No. PD-176, McMillan Estate, zoning change request from SF-9 and C (Single Family-9 and Commercial) to PD-SF-9 (Planned Development, Single Farnily-9), to allow be development of a single residential home on 1.49 acres of property located along the north side of Bethel Road, approximately 120' east of Hearthstone Lane. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Sheehan opened the Public Hearing and asked for those persons wishing to speak regarding this proposal. Larry Wender, 310 Hearthstone Lane, Paul Volpe, 306 Hearthstone Lane, and William Webb, 334 Brock Street, stated they have no opposition to the house being built, but were against the construction of the pool and cabana. Terry Holmes, Applicant, made a presentation to the Council. Councilmember Garcia inquired CM030999 Page 6ofll as to the method of accessing the back of the property with equipment. Councilmember Keenan asked about the drainage pipe and floodplain boundary. Ken Griffin, Director of Engineering and Public Works, made a presentation to the Council. After lengthy discussion, Mayor Pro Tern Tunnell moved to close the Public Hearing and approve Case No. PD-176, McMillan Estate, zoning change request from SF-9 and C (Single Family-9 and Commercial) to PD-SF-9 (Planned Development, Single Family-9), to allow the development of a single residential home on 1.49 acres of property located along the north side of Bethel Road, approximately 120' east of Hearthstone Lane subject to the following conditions: 1) no improvements or grading will be allowed within the 100-year floodplain until a floodplain study is reviewed and approved and a floodplain permit is issued; and 2) due to the erosive banks of the creek, erosion protection may be needed and, if needed, will be provided by the property owner. Councilmember Keenan seconded the motion; the motion carried 5-2 with Mayor Pro Tern Tunnell and Councilmembers Garcia, Peters, Keenan, and Wheeler voting in favor of the motion and Councilmembers Stover and York voting against the motion. 20. Consider approval of the McMlillan Estate, Lot 1, Block 1, Minor Plat, to allow the development of a single residential home on 1.49 acres of property located along the north side of Bethel Road, approximately 120' east of Hearthstone Lane. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Pro Tern Tunnell moved to approve the McMillan Estate, Lot 1, Block 1, Minor Plat, to allow the development of a single residential home on 1.49 acres of property located along the north side of Bethel Road, approximately 120' east of Hearthstone Lane, subject to the following conditions: 1) acknowledgement that no improvements or grading will be allowed in the 100-year floodplain, and delineate the FEMA floodplain on the plat; 2) clearly show zoning boundaries on this property, as well as the zoning surrounding this plat; and 3) provide the drainage easement requested by Enghaeedng- recognize that due to the erosive banks of the creek, erosion protection may be needed and, if needed, will be provided by the property owner. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Garcia, Peters, Keenan, Stover, Wheeler and York voting in favor of the motion. A short recess was taken at this time. 21. PUBLIC HEARING: Consider approval of Case No. PD-175, Estates of Denton Creek, zoning change request from SF-12 (Single Family 12) to PD-SF-9 (Planned Development, Single Family-9), to allow the development of a 55 residential lot subdivision on 28.21 acres of property located along the north side of ~-- Sandy Lake Road, approximately 1,000' east of N. Mac. Arthur Blvd. CLVI030999 Page 7 of 11 Gary Sieb, Director of Plarming and Community Services, made a presentation to the Council. Mayor Sheehan opened the Public Hearing and asked for those persons who wish to speak regarding this proposal. Kathy Ingle, 200 E. Beltline Road, expressed her concerns with the proposal and indicated her ownership of adjacent property. Mike Daniel, representing the Applicant, made a presentation to the Council. Terry Holmes, Applicant, made a presentation to the Coundl. Mayor Pro Tern Tunnell moved to close the Public Hearing and deny Case No. PD-175, Estates of Denton Creek, zoning change request from SF-12 (Single Family 12) to PD-SF-9 (Planned Development, Single Family-9), to allow the development of a 55 residential lot subdivision on 28.21 acres of property located along the north side of Sandy Lake Road, approximately 1,000' east of N. MacArthur BlvcL Councilmember York seconded the motion; the motion to deny carried 7-0 with Mayor Pro Tern Tunnell and Councilmembers Garcia, Peters, Keenan, Stover, Wheeler and York voting in favor of the motion to deny. 22. PUBLIC HEARING: Consider approval of Case No. PD-157R4, Valley Ranch Plaza, zoning change for property zoned LI (Light Industrial) to PD-C (Planned Development, Commercial), incorporating a new 8,000 square foot retail building into an existing commerdal planned development located at the southwest corner of Beltline Road and MacArthur Blvd. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Sheehan opened the Public Hearing and advised that no one had signed up to speak. John Evans, Applicant, made a presentation to the Council. Council expressed concerns and held a lengthy discussion with the Applicant regarding the plans being brought to Council differing from the plans approved by the Planning and Zoning Commission. Mayor Pro Tern Tunnell moved to close the Public Hearing and deny Case No. PD-157R4, Valley Ranch Plaza, zoning change for property zoned LI (Light Industrial) to PD-C (Planned Development, Commercial), incorporating a new 8,000 square foot retail building into an existing commercial planned development located at the southwest corner of Beltline Road and MacArthur Blvd. Councilmember Wheeler seconded the motion. Paul Vernon, 5950 Berkshire Lane, one of the Co-Applicants, requested permission to speak and addressed Council and requested an opinion from the City Attorney. City Attorney Peter G. Smith addressed the questions of Mr. Vernon. Councilmember Stover inquired if there was any interest of Council to table this matter until the next Council meeting in order to give staff more time to look at it. Mr. Sieb indicated his recommendation was to deny the proposal. Councilmember Stover withdrew his suggestion. Vote was taken on the motion to deny; the motion to deny carried 6-1 with Mayor Pro Tern Tunnell and Councilmembers Garcia, Peters, Stover, Wheeler and York voting in favor of the motion to deny and Councilmember Keenan voting against the motion to deny. 23. Consider approval of the Copper Crossing Addition, Lot 2, Block 1, Site Plan, to allow the development of two office/showroom buildings on 3.2 CM030999 Page 8 ofll acres of property located west of MacArthur Blvd., along the north side of the D.A.R.T. right-of-way and along the east side of the Dallas Power & Light Company easement. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Councilmember York moved to approve Coppell Crossing Addition, Lot 2, Block 1, Site Plan, to allow the development of two office/showroom buildings on 3.2 acres of property located west of MacArthur Blvd., along the north side of the D.A.R.T right-of- way and along the east side of the Dallas Power & Light Company easement, subject to the following conditions: 1) the landscape plan must be sealed by a licensed landscape architect or a bona fide nurseryman; 2) indicate on the Site Plan the verbiage provided by City Attorney regarding the 24' emergency apparatus access road; and 3) building materials to match those used on Phase I. Councilmember Garda seconded the motion; the motion carried 7-0 with Mayor Pro Tern Tunnell and Councilmembers Garcia, Peters, Keenan, Stover, Wheeler and York voting in favor of the motion. 24. Consider approval of the Coppell Aquatic and Recreation Center, Lot 1, Block A, Preliminary Plat and Site Plan, to allow the development of a 37,734 square foot aquatic and recreation center on 31.62 acres of property located along the north side of Parkway Boulevard, approximately 270' west of Parkview Place. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Pro Tern Tunnell moved to approve the Coppell Aquatic and Recreation Center, Lot 1, Block A, Preliminary Plat and Site Plan, to allow the development of a 37,734 square foot aquatic and recreation center on 31.62 acres of property located along the north side of Parkway Boulevard, approximately 270' west of Parkview Place, subject to the condition that all planting islands must contain at least one tree; and to approve that the Planning and Zoning Commission be the authority responsible for the approval of the Final Plat of the Coppell Aquatic and Recreation Center. Councilmember York seconded the motion; the motion carried 7-0 with Mayor Pro Tern Tunnell and Councilmembers Garcia, Peters, Keenan, Stover, Wheeler and York voting in favor of the motion. 25. Consider providing that the Planning and Zoning Commission be the authority responsible for the approval of thc Final Plat of the Coppell Aquatic and Recreation Center, Lot 1, Block A, to allow the development of a 37,734 square foot aquatic and recreation center on 31.62 acres of property located along thc north side of Parkway Boulevard, approximately 270' west of Parkview Place. This item was considered under Item 24. See Item 24 for minutes. CM030999 Page 9 ofll 26. Consider approval of awarding Bid # Q-0199-05 in an amount not to exceed $218,436.65 for the purchase of water meters in the following manner: Master Meter- Spec #0100 - all sizes; Spec #0300 - 3", 4", 6"; Spec # 0400 6" & 8" //Hersey Meters - Spec #0300 8'; Spec #0400 4"; Spec #0500 aH sizes;// Sensus Technologies Spec #0600 3" less connector. Mayor Pro Tem Tunnell moved to approve awarding Bid 8 Q-0199-05 in an amount not to exceed $218,436.65 for the purchase of water meters in the following manner: Master Meter - Spec 80100 - all sizes; Spec 80300 - Y', 4", 6"; Spec 8 0400 6" & 8"//Hersey Meters - Spec 80300 8"; Spec 80400 4"; Spec 80500 all sizes;//Sensus Technologies Spec 80600 3" less connector. Councilmember Wheeler seconded the motion; the motion carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Garcia, Peters, Keenan, Stover, Wheeler and York voting in favor of the motion. 27. Consider approval of appointing a member to fill the vacancy on the Keep Coppell Beautiful Committee, said term to expire in October 1999. Councilmember Wheder moved to appoint Mack McCurry to fill the vacancy on the Keep Coppell Beautiful Committee, said term to expire October 1999. Councilmember York seconded the motion; the motion carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Garcia, Peters, Keenan, Stover, Wheeler and York voting in favor of the motion. 28. Necessary action resulting from Executive Session. There was no action necessary under this item. 29. City Manager's Report. A. City Manager Jim Witt advised a briefing regarding the Freeport Exemption would be held Monday, March 15' at 7:30 p.m. at Town Center. 30. Mayor's Report. A. Mayor Sheehan congratulated the Coppell Cowboys Basketball Team and expressed support for their participation in Austin. B. Mayor Sheehan advised the Mayor's Quarterly Breakfast with the chairmen and vice- chairmen of the City's Boards and Commissions was held on Saturday, March 6*. CM030999 Page 10 ofll C. Mayor Sheehan stated the next meeting of the Substance Abuse Committee would ..... be held April 8ta at 7:00 p.m. D. Mayor Sheehan announced the Easter Egg Hunt would be held April 3~a. E. Mayor Sheehan stated Trash-off Day would be April l0ta. F. Mayor Sheehan advised the Library would hold a 25-year Anniversary Celebration on June 12ta. G. Mayor Sheehan inquired as to any interest in attending a Transportation Partners in Mobility meeting to be held on March 24ta and 25ta. H. Mayor Sheehan asked for Councilmembers to advise the City Secretary of vacations as they are scheduled. I. Councilmember Stover reminded everyone that Saturday, March 13ta would be the CISD Bond Election. J. Councilmember Stover thanked Gary Sims, Brad Reid and the Leisure Services Department for the groundbreaking of the Aquatic Center and the Family Fish. ..... K. Mayor Sheehan asked Councilmember Stover to talk about an award he had received. Councilmember Stover stated he had received the award for Junior Achievement Volunteer of the Year for the Junior Achievement of Dallas. L. Mayor Pro Tern Tunnell announced Pigfest would be April 30ta through May 2~a. There being no further business to come before the City Council, the meeting was adjourned. Candy Sheehan, Mayor ATTEST: Kathleen Roach City Secretary ClViO3O999 Page 11 of 11