Loading...
CM 1999-07-13 MINUTES OF JULY 13, 1999 The City Council of the City of Coppell met in Regular Called Session on Tuesday, July 13, 1999, 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 Jayne Peters, Councilmember Pat Keenan, Councilmember Larry Wheeler, Councilmember Bill York, Councilmember Councilmembers Garcia and Stover were absent from the meeting. Also present were City Manager Jim Witt, Sr. Administrative Secretary Barbara Jahoda 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) (Concerning items not on the agenda) 2. Convene Executive Session A. Section 551.072, Texas Government Code Deliberation regarding Real Property. 1. Land Acquisition West of Denton Tap. Mayor Sheehan convened into Executive Session at 6:04 p.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive Session at 6:48 p.m. and opened the Work Session. CM071399 Page 1 of 12 WORK SESSION (Open to the Public} 3. Convene Work Session A. Discussion regarding use of fertilizers and chemicals on City right-of-ways, requested by Councilmember Larry Wheeler. B. Status of new Elevated Water Storage Facility. C. Discussion of Agenda Items. RF, A~UI, AR SESSION (Open to the Public} 4. Invocation. Pastor Wayne McDonald of the Metrocrest Community Church led those present in the Invocation. 5. Pledge of Allegiance. Mayor Shcehan led those present in the Pledge of Allegiance. 6. Quarterly presentation to Council by the CoppeH Recreation Development Corporation. Gary Tanel, Chairman of the Coppell Recreation Development Corporation, made the corporation's quarterly presentation to Council and reported 1) the corporation voted to become a member of the Alliance of Sales Tax Cities and named Deputy City Manager Clay Phillips as their representative to the alliance; 2) the corporation voted to amend their bylaws to reflect changes in purchasing procedures and signature authority in conducting business; 3) the corporation authorized a newsletter to update the citizens on current projects; 4) the corporation approved a contract for the archeological exploration of Wagon Wheel Park; 5) the corporation reviewed the design and development drawings for Phase I of Wagon Wheel Park; 6} the corporation approved the hiring of a construction coordinator for the aquatic/recreation center at Andrew Brown Park; 7} construction continues on the aquatic/recreation center with the pouring of the concrete on the parking lot, fire lanes, building piers and grade beams; the water line, storm drains, sewer lines, gas and electrical are all underground and ready to be tied into the building; the pools and excavations, drain lines and plumbing are being installed currently; the project is on schedule to be finished by opening day of May 2000. CM071399 Page 2 of 12 Mayor Sheehan advised that Item 16 had been pulled by the Applicant and would come back to Council on July 27, 1999. 7. Citizen's Appearances. There were no citizens signed up to speak under this item. CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: June 22, 1999. B. Consider approval of an Ordinance amending Ordinance Number 99866, adopted on March 23, 1999, by correcting a clerical error to said Ordinance by assigning a new Ordinance Number; and authorizing the Mayor to sign. Land Use and Development C. Consider approval of an Ordinance for Case No. PD-163R~ Windsor Estates, zoning change for property zoned PD-SF-9 {Planned Development, Single Family-9) to amend the development conditions of the Planned Development concerning entry features of the subdivision and amend to create additional common areas to accommodate landscaping on a 15.78 acre tract of land located along the north side of DeForest Road, approximately 600 feet east of Allen Road, and authorizing the Mayor to sign. D. Consider approval of an Ordinance for Case No. ZC-599, Carrollton-Farmers Branch I.S.D., Riverchase Elementary School, zoning change request from TH-1 {T0wnhouse-1] to SF-7 (Single-Family-7), to allow the construction of an elementary school located at the northeast corner of MaaArthur Boulevard and Starleaf Street, and authorizing the Mayor to sign. E. Consider approval of an Ordinance for Case No. S-1162, Anamia's Tex-Mex Restaurant, zoning change request CM071399 Page 3 of 12 from TC (Town Center) to TC-S.U.P. (Town Center, Special Use Permit), to allow a 3,600 square foot private club restaurant to be located at 106 N. Denton Tap Road, and authorizing the Mayor to si~. F. Consider approval of an Ordinance for Case No. S-1160, Smoothie Factory, zoning change request from TC (Town Center) to TC-S.U.P. (Town Center, Special Use Permit), to allow a juice store to operate in Eleanor's Square located at 230 N. Denton Tap Road, and authorizing the Mayor to si~n. G. Consider approval of an Ordinance for Case No. PD-157RS, Valley Ranch Plaza, zoning change request for property zoned LI (Lil~ht Industrial) to PD-C (Planned Development, Commercial) to allow a site plan amendment to incorporate a new 10,000 square foot retail building to an existing commercial planned development located at the southwest corner of S. Beltline Road and S. MaeArthur Blvd., and authorizing the Mayor to sign. H. Consider approval of an Ordinance for Case No. PD-178, Town Center West, zoning change request from C (Commercial) to PD-C (Planned Development, Commercial) to allow the dedication of Town Center West Boulevard right-of-way and the development of commercial buildings on 4.7 acres of property located along the west side of N. Denton Tap Road, approximately 280' north of North Texas Court, and authorizing the Mayor to sign. Resolutions I. Consider approval of a Resolution supporting the National Low-Sulfur Gasoline and Tier 2 Emission Standards proposed by the Environmental Protection Agency, and authorizing the Mayor to sl~. Item H was pulled for separate consideration. CM071399 Page 4 of 12 Item A, B, C, D, E, F, G and I -- Mayor Pro Tem Tunnell moved to approve Consent Agenda Items A, B carrying Ordinance No. 99883, C carrying Ordinance No. 91500-A-222, D carrying Ordinance No. 91500-A-223, E carrying Ordinance No. 91500-A-224, F carrying Ordinance No. 91500-A-225, G carrying Ordinance No. 91500-A-226 and I carrying Resolution No. 071399.1. Councilmember Peters seconded the motion; the motion carried 5-0 with Mayor Pro Tern Tunnell and Councilmembers Peters, Keenan, Wheeler and York voting in favor of the motion. Item H --- Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Pro Tern Tunnell moved to approve Consent Agenda Item H carrying Ordinance No. 91500-A-227. Councilmember Wheeler seconded the motion. City Attorney Peter G. Smith indicated the following could be added to the ordinance: 1} the City agrees to construct the Town Center West Boulevard at its cost; 2} the City agrees to construct the sidewalk within the 10' sidewalk utility easement at its cost; 3) the City agrees to construct the retaining wall at its cost; 4) the City agrees not to impose any future street assessments against the property; 5) the developer or owner will not be required to place any existing electrical facilities {which consist of a TU Electric feeder line) under ground; and 6) an additional speed hump will be installed if it is determined feasible by the City Engineer and if it does not conflict with the approved curb cuts. Mayor Pro Tem Tunnell inquired about the electrical line being placed underground. City Attorney Peter G. Smith indicated the line was a feeder line and it would not be feasible to place it underground. Mayor Pro Tem Tunnell moved to amend her motion to include the following additions: 1} the City agrees to construct the Town Center West Boulevard at its cost; 2) the City agrees to construct the sidewalk within the 10' sidewalk utility easement at its cost; 3) the City agrees to construct the retaining wall at its cost; 4) the City agrees not to impose any future street assessments against the property; 5} the developer or owner will not be required to place any existing electrical facilities (which consist of a TU Electric feeder line} under ground; and 6} an additional speed hump will be installed if it is determined feasible by the City Engineer and if it does not conflict with the approved curb cuts. Councilmember Wheeler seconded the motion to amend; the motion to amend carried 5-0 with Mayor Pro Tem Tunnell and Councilmembers Peters, Keenan, Wheeler and York voting in favor of the motion to amend. CM071399 Page 5 of 12 Councilmember Keenan had some questions regarding the assisted living use and landscape requirements and where there had been a meeting of the minds on these issues. Mr. Sieb indicated there had been no agreements regarding those two issues as they were never discussed at either Planning and Zoning or the Council level. A vote was taken on the motion as amended; the motion carried 5-0 with Mayor Pro Tern Tunnell and Councilmembers Peters, Keenan, Wheeler and York voting in favor of the motion. After Item 16 City Attorney Peter G. Smith advised that the Applicant for the Town Center West proposal had requested their item be reconsidered as they needed the variation regarding the planting islands. Mayor Sheehan called for an Executive Session. 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 8:24 p.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive Session at 8:37 p.m. and reconvened the Regular Session. REGULAR SESSION (Open to the Public) City Attorney Petir G. Smith advised that prior to the Executive Session he had relayed a request from the Applicant of Town Center West to reconsider his item. The options would be to do nothing and continue on with the agenda, pass a motion for reconsideration and reconsider the item, or pass a motion for reconsideration and table the matter until a later meeting. Councilmember Keenan moved to reconsider Item 8H. Councilmember Peters seconded the motion; the motion carried 5-0 with Mayor Pro Tern Tunnell and Councilmembers Peters, Keenan, Wheeler and York voting in favor of the motion. Councilmember Keenan moved to postpone consideration of Item 8H until the July 27, 1999 City Council meeting. Councilmember Peters seconded the motion; the motion carried 5-0 with Mayor Pro Tem Tunnell and -- Councilmembers Peters, Keenan, Wheeler and York voting in favor of the motion. CM071399 Page 6 of 12 9. Consider approval of an Ordinance for Case No. S-1161, AT&T Wireless Services, zoning change request from A (Agriculture} to A-S.U.P. (Agriculture, Special Use Permit} to allow a communications antenna to be mounted to an existing TU Electric tower with an equipment cabinet at the base of the tower located approximately 710' northwest of the intersection of MacArthur Boulevard and the D.A.R.T. right-of-way, and authorizing the Mayor to sign. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Councilmember York moved to approve Ordinance No. 91500-A-228 for Case No. 8-1161, AT&T Wireless Services, zoning change request from A (Agriculture) to A-S.U.P. {Agriculture, Special Use Permit) to allow a communications antenna to be mounted to an existing TU Electric tower with an equipment cabinet at the base of the tower located approximately 710' northwest of the intersection of MacArthur Boulevard and the D.A.R.T. right-of- way, and authorizing the Mayor to sign. Councilmember Peters seconded the motion; the motion carried 4-1 with Councilmembers Peters, Keenan, Wheeler and York voting in favor of the motion and Mayor Pro Tem Tunnell voting against the motion. 10. Consider approval of an Ordinance for Case No. PD-169R, Lauren Estates, zoning change request for property zoned PD-SF-7 to amend the development conditions of the Planned Development to allow the development of 2 residential lots instead of 3 lots on approximately 1.5 acres of property located along the west side of Moore Road, approximately 680' south of Sandy Lake Road, and authorizing the Mayor to sign. Gary Sieb, Director of Planning and Community Services, made a presentation to Council. Mayor Pro Tem Tunnell moved to approve Ordinance No. 91500-A-229 for Case No. PD-169R, Lauren Estates, zoning change request for property zoned PD-SF-7 to amend the development conditions of the Planned Development to allow the development of 2 residential lots instead of 3 lots on approximately 1.5 acres of property located along the west side of Moore Road, approximately 680' south of Sandy Lake Road, and authorizing the Mayor to sign. Councilmember Wheeler seconded the motion; the motion carried 5-0 with CM071399 Page 7of12 Mayor Pro Tem Tunnell and Councilmembers Peters, Keenan, Wheeler and York voting in favor of the motion. 11. Consider approval of a request for an extension of time as it applies to the filing expiration date of the Replat of the First United Methodist Church, Lot 1, Block 1, to allow the recordation of additional easements on a 4.8 acre lot located at the northeast corner of Heartz Road and Bethel School Road, granting an additional six months to allow for the Replat to be filed with Dallas County. Councilmember Wheeler moved to approve a request for an extension of time as it applies to the filing expiration date of the Replat of the First United Methodist Church, Lot 1, Block 1, to allow the recordation of additional easements on a 4.8 acre lot located at the northeast comer of Heartz Road and Bethel School Road, granting an additional six months to allow for the Replat to be filed with Dallas County. Councilmember York seconded the motion; the motion carried 5-0 with Mayor Pro Tern Tunnell and Councilmembers Peters, Keenan, Wheeler and York voting in favor of the motion. 12. PUBLIC HEARING: Consider approval of Case No. PD-109R2, Oakbend Additions zoning change request for property zoned PD-SF-9 {Planned Development, Single Family-9), to amend the development conditions for Lot 53, Block A, to reduce the side yard setback from 8' to 5' and to allow the construction of a detached 3-car garage and the conversion of the attached garage into a bedroom with a family room on the second floor on property located at 722 Beal 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 who wished to speak regarding this proposal. Glenn Gillen, 722 Beal Lane, Applicant, and William C. Clark, 723 Post Oak Drive, spoke in favor of this proposal. Mayor Pro Tem Tunnell expressed her appreciation on the effort to save a tree and inquired about a future breezeway. Mr. Sieb addressed the breezeway issue. Mayor Pro Tem Tunnell moved to close the Public Hearing and approve Case No. PD-109R2, Oakbend Addition, zoning change request for property zoned PD-SF-9 (Planned Development, Single Family-9), to amend the development conditions for Lot 53, Block A, to reduce the side yard setback from 8' to 5' and CM071399 Page 8 of 12 to allow the construction of a detached 3-car garage and the conversion of the attached garage into a bedroom with a family room on the second floor on .... property located at 722 Beal Lane. Councilmember Wheeler seconded the motion; the motion carried 5-0 with Mayor Pro Tem Tunnell and Councilmembers Peters, Keenan, Wheeler and York voting in favor of the motion. 13. PUBLIC HEARING: Consider approval of the Four Seasons Addition, Replat, to allow the subdivision of a 12.81 acre tract of land into 2 separate lots located at the southeast corner of Sandy Lake Road and Royal Lane. 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 regarding this proposal. Mayor Pro Tern Tunnell moved to close the Public Hearing and approve the Four Seasons Addition, Replat, to allow the subdivision of a 12.81 acre tract of land into 2 separate lots located at the southeast comer of Sandy Lake Road and Royal Lane subject to the following conditions: 1) the temporary office structure on Lot 1, approved earlier this year by staff, will be removed when the Four Seasons Company vacates the building, and under no circumstances will the temporary building remain on site beyond February 12, 2000; 2) any major modifications to the existing Four Seasons site will also be subject .to site plan review, as well as when Lot 2 is developed, site plan review and replat will be required; and 3} plat all fire lanes as easements. Minimum inside radius is 30 feet and minimum outside radius is 54 feet. Councilmember York seconded the motion; the motion carried 5-0 with Mayor Pro Tern Tunnell and Councilmembers Peters, Keenan, Wheeler and York voting in favor of the motion. 14. Consider approval of the IAAM Headquarters, Lot 1, Block 1, Final Plat, to allow the development of a 38,567 square foot office building on 4.377 acres o£ property located along the south side of Fritz Drive and along the north side of I.H. 635. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Pro Tern Tunnell moved to approve the IAAM Headquarters, Lot 1, Block 1, Final Plat, to allow the development of a 38,567 square foot office building CM071399 Page 9 of 12 on 4.37? acres of property located along the south side of Fritz Drive and along the north side of I.H. 635. Councilmember Peters seconded the motion; the motion carried 5-0 with Mayor Pro Tem Tunnell and Councilmembers Peters, Keenan, Wheeler and York voting in favor of the motion. 15. Consider approval of the Creek View, Phase II, Lot 1, Block B, Site Plan, to allow the construction of 7,946 square foot office building on 1.147 acres of property located at the southeast corner of Denton Tap Road and Bethel Road. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Pro Tem Tunnell had questions concerning the notes on the Landscape Plan and the Site Plan not matching and asked about the roof material and the money collected for the tree mitigation. Mr. Sieb stated all the notes must match and that the brick would be burgundy sand and the roof would be an asphalt heritage brown/beige. Jay Turner, 747 Blue Jay, Applicant, addressed the questions regarding the roof materials. Mayor Pro Tem Tunnell moved to approve the Creek View, Phase II, Lot 1, Block B, Site Plan, to allow the construction of 7,946 square foot office building on 1.147 acres of property located at the southeast comer of Denton Tap Road and Bethel Road, subject to the following conditions: 1) granting of the landscape and screening variances by the Board of Adjustment; 2) payment of the $15,900 tree mitigation fee, payable to the Coppell Reforestation and Natural Areas Fund, as volunteered; 3} modify the landscape plan to incorporate the following changes: (a) identify the location of the Antique Rose planting; (b) identify the location of the Foster's Holly planting; and (c) identify the plant material and quantities of same; and 4) the notes on the face of the Landscape Plan, Site Plan and other exhibits must match. Councilmember Wheeler seconded the motion; the motion carried 5-0 with Mayor Pro Tern Tunnell and Councilmembers Peters, Keenan, Wheeler and York voting in favor of the motion. 16. Consideration of the Park 'N Fly Addition, Site Plan Amendment, to allow the construction of carport structures and providing limited access to the same along the eastern, northeastern, and southeastern portions of said site located at 800 Royal Lane. Mayor Sheehan advised this item had been pulled and postponed at the Applicant's request. CM071399 Page 10 of 12 At this time further discussion was had regarding Consent Agenda Item 8H. Please see item 8H for minutes. 17. Necessary action resulting from Work Session. There was no action necessary under this item. 18. City Manager's Report. A. City Manager Jim Witt advised that the Bond Advisory Committees would be holding a Public Hearings on Thursday, July 15th at 7:00 p.m. and Tuesday, August 3~d at 7:00 p.m. at the library and encouraged the public to attend. 19. Mayor's Report. A. Mayor Sheehan stated she felt the July 4th parade and celebration was one of the best community events ever held in Coppell and thanked Lloyd Nichols and the Exchange Club for all their help on the parade and Sharon Logan for all her help on the park festivities. B. Mayor Sheehan advised that the new Trammel Crow office building on Airline Drive would have an opening on July 15. C. Mayor Sheehan announced the conclusion of the Summer Reading Club would be July 24th where they have had 1500 children signed up. D. Mayor Sheehan advised there would be an open house at Lucent Technology on July 27th. E. Mayor Sheehan stated she and Ken Griffin, Director of Engineering and Public Works, had been attending meetings regarding the 121 Corridor. F. Councilmember Peters encouraged everyone to attend National Night Out on August 3~ and advised that Officer Mary Seck had planned activities including the Annual Softball match between the Police and Fire Departments on August 1st and the Annual Golf Tournament on August 2nd. G. Mayor Sheehan advised that the GTE building would hold their opening on August 5th. CM071399 Page 11 of 12 H. Mayor Sheehan announced the New Teacher Breakfast would be _ August 3~ and asked those who wished to attend to call Kathy Bowling in the City Manager's Office. I. Councilmember York stated he had heard a rumor that there was a movement to organize an Old Downtown Coppell Business Association. EXECUTIVE SESSION {Closed to the Public} {Concerning items not on the agenda} 20. Convene Executive Session A. Section 551.072, Texas Government Code - Deliberation reKarding Real Property. 1. Land Acquisition West of Denton Tap. This Executive Session was completed at the beginning of the meeting. 21. Necessary Action Resulting from Executive Session. Mayor Pro Tern Tunnell moved to authorize the City Manager to negotiate and _ enter into a contract subject to City Council approval for the purchase of approximately 46 acres of land generally located at the southeast corner of Coppell Road and Old Bethel Road with the Baptist Foundation of Texas and Branch Properties, Inc. and their assignees. Councilmember Peters seconded the motion; the motion carried 5-0 with Mayor Pro Tern Tunnell and Councilmembers Peters, Keenan, Wheeler and York voting in favor of the motion. There being no further business to come before the City Council, the meeting was adjourned. Candy Sheehan, Mayor ATTEST: Barbara Jahoda, Sr. Admin. Secretary CM071399 Page 12 of 12