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CM 2007-06-12 MINUTES OF JUNE 12, 2007 The City Council of the City of Coppell met in Regular Called Session on Tuesday, June 12, 2007, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor Brianna Hinojosa-Flores, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Marsha Tunnell, Councilmember Marvin Franklin, Councilmember Bill York, Councilmember (early departure) Councilmember Faught was absent from the meeting. Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert Hager. 1.Call to order. Mayor Stover called the meeting to order, determined that a quorum was present and convened 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.The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045-107; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3; and CB Parkway Business Center, et al vs. City of Coppell, et al; and City of Dallas vs. Douglas Stover, et al in the 191st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101st District Court. B.Section 551.072, Texas Government Code - Deliberation regarding Real Property. cm061207 Page 1 of 14 1.Lease of property west of Coppell Road and north of Bethel Road. C.Section 551.087, Texas Government Code – Economic Development Negotiations. 1.ED Prospects West of Beltline/Denton Tap and south of Bethel Road. Mayor Stover convened into Executive Session at 5:45 p.m. as allowed under the above-stated article. Mayor Stover recessed the Executive Session at 6:30 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3.Convene Work Session A.Discussion regarding appointment to the Parks and Recreation Board. B.Discussion regarding appointments to Council Committees. C.Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4.Convene Regular Session. 5.Invocation. Councilmember Franklin led those present in the Invocation. 6.Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 7.Citizens' Appearances. There was no one signed up to speak under this item. cm061207 Page 2 of 14 CONSENT AGENDA 8.Consider approval of the following consent agenda items: A.Consider approval of minutes: May 22, 2007. B.Consider approval of a Resolution providing support for Super Bowl XLV and its related Super Bowl activities in the North Texas region; providing for governmental services at no cost, expense or liability to NFL or the two participating teams; providing prohibition for sponsorships during the two weeks prior and through the week of Super Bowl XLV; providing for the coordination of governmental services with other jurisdictions and authorizing the Mayor to sign. C.Consider approval of an Ordinance for Case No. PD–217-C, from C (Commercial) to PD-217-C (Planned Development- 217-Commercial), to allow the reuse and renovation of the existing 4,940-square-foot structure for a pet day care/boarding/spa on 0.637 acres of property located on the north side of Bethel School Road, approximately 240 feet east of Denton Tap, property known as 120 East Bethel School Road, and authorizing the Mayor to sign. D.Consider approval of an Ordinance for Case No. PD-222- LI, Duke Lesley Addition, zoning change from LI (Light Industrial) to PD-222-LI (Planned Development-222-Light Industrial) to allow for a parking ratio of one space per 5,000-square-feet for warehouse use and a living screen for truck courts instead of a masonry wall on 106 acres of property and to attach a Detail Site Plan to allow a 755,394-square-foot office warehouse building on 36.2 acres of property located at the northwest corner of Beltline Road and the proposed extension of Dividend Drive, and authorizing the Mayor to sign. E.Consider approval of an Ordinance for Case No. PD-226- LI, Amcat (Northlake 635 Business Park, Lot 7, Block C, Essex Wire), zoning change from LI (Light Industrial) to PD-226-LI (Planned Development-226-Light Industrial) to cm061207 Page 3 of 14 allow the construction of one non-masonry structure and relocation of roof climbing area with a landscape screen on 3.5 acres of property located at 1230 Crestside Drive, and authorizing the Mayor to sign. F.Consider approval of an Ordinance for Case No. S-1187R2- C, Pizza Inn, zoning change from S-1187R-C (Special Use Permit-1187 Revised–Commercial) to S-1187R2-C (Special Use Permit-1187 Revision-2-Commercial) to allow a 1,425-square-foot expansion of the existing 1,050-square- foot take-out restaurant to include limited seating, game room and party room, located at 777 S. MacArthur Blvd., Suite 405, and authorizing the Mayor to sign. G.Consider approval of an Ordinance for Case No. S-1216R, Cool Star Beverage, zoning change from PD-157R6-C-S- 1216 (Planned Development-157 Revision 6-Commercial– Special Use Permit- 1216) to PD-157R6-C-S-1216R (Planned Development-157 Revision 6-Commercial- Special Use Permit-1216-Revised) to allow the operation of an approximate 1,600-square-foot retail/convenience store to be located at 809 S. MacArthur, Suite 125 (southwest corner of Belt Line Road and MacArthur Boulevard), and authorizing the Mayor to sign. Action: Councilmember Tunnell moved to approve Consent Agenda Items A with correction of removing duplication in the roll, B carrying Resolution No. 2007-0612.1, C carrying Ordinance No. 91500-A-461, D carrying Ordinance No. 91500-A-462, E carrying Ordinance No. 91500-A-463, F carrying Ordinance No. 91500-A-464 and G carrying Ordinance No. 91500-A-465. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 9.Consider approval to award Bid #Q-0507-02 to The Armored Group, LLC for the purchase of a Police SWAT Vehicle in the amount of $55,000 to be purchased from funds in the Police cm061207 Page 4 of 14 Forfeiture/Seizure fund; and authorizing the City Manager to sign. Presentation: City Manager Jim Witt made a presentation to the Council. Lt. Steve Thomas made a presentation to the Council. Sgt. Tony Pletcher addressed questions of Council. Action: Councilmember Peters moved to approve Bid #Q-0507-02 to The Armored Group, LLC for the purchase of a Police SWAT Vehicle in the amount of $55,000 to be purchased from funds in the Police Forfeiture/Seizure fund; and authorizing the City Manager to sign. Councilmember York seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 10.PUBLIC HEARING: Consider approval of Case No. S-1017R-LI, Tetco, zoning change request from S-1017-LI (Special Use Permit-1017-Light Industrial) to S-1017R-LI (Special Use Permit-1017 Revised- Light Industrial), to allow for a 160-square-foot addition to the existing car wash building for storage on 0.92 of an acre of property located at the southeast corner of Belt Line Road and MacArthur Boulevard. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Tunnell moved to close the Public Hearing and approve Case No. S-1017R-LI, Tetco, zoning change request from S-1017-LI cm061207 Page 5 of 14 (Special Use Permit-1017-Light Industrial) to S-1017R-LI (Special Use Permit-1017 Revised-Light Industrial), to allow for a 160-square-foot addition to the existing car wash building for storage on 0.92 of an acre of property located at the southeast corner of Belt Line Road and MacArthur Boulevard. Councilmember Hinojosa-Flores seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 11.PUBLIC HEARING: Consider approval of the Amberpoint Business Park at Coppell, Lot1AR, Block A, Replat, to revise the location of the fire lane to allow the previously approved expansion of the existing Staples office/warehouse on 17.91 acres of property located at the southwest corner of Sandy Lake Road and Northpoint Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Franklin moved to close the Public Hearing and approve the Amberpoint Business Park at Coppell, Lot1AR, Block A, Replat, to revise the location of the fire lane to allow the previously approved expansion of the existing Staples office/warehouse on 17.91 acres of property located at the southwest corner of Sandy Lake Road and Northpoint Drive. Councilmember York seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 12.PUBLIC HEARING: Consider approval of the Lost Creek Addition, Lots 1-27, 1X- 3X, Block 1, Replat, (being a replat of Lot 1, Block C, Coppell Road Business Park Addition) to allow the development of 25 cm061207 Page 6 of 14 residential units, recreation, open space common areas and two commercial lots on 5.56 acres of property located along the east side of Coppell Road, approximately 210 feet north of Bethel Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Tunnell moved to close the Public Hearing and approve the Lost Creek Addition, Lots 1-27, 1X-3X, Block 1, Replat, (being a replat of Lot 1, Block C, Coppell Road Business Park Addition) to allow the development of 25 residential units, recreation, open space common areas and two commercial lots on 5.56 acres of property located along the east side of Coppell Road, approximately 210 feet north of Bethel Road; subject to the following conditions: 1)Tie down flood plain with dimensions on lots 5 and 6, and dedicate a drainage/floodplain easement on plat (use exact limit of flood plain, not approximate); and 2)Correct the point of beginning in legal description. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 13.Consider approval of the Park West Commerce Center, Lot 4R, Block 7 (BMC Millwork), Site Plan Amendment, to allow an 89,850-square-foot addition to the existing 115,170-square- foot office/warehouse building, expansion of a portion of the existing parking and modification to three dock doors on 9.42 acres of property located at 425 Airline Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. cm061207 Page 7 of 14 Action: Councilmember Tunnell moved to approve the Park West Commerce Center, Lot 4R, Block 7 (BMC Millwork), Site Plan Amendment, to allow an 89,850-square-foot addition to the existing 115,170-square-foot office/warehouse building, expansion of a portion of the existing parking and modification to three dock doors on 9.42 acres of property located at 425 Airline Drive; subject to the following condition: 1)In the event additional parking is needed, the areas designated as “future parking area” will be paved and will contain the required landscaped islands. Councilmember York seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 14.PUBLIC HEARING: Consider approval of the Park West Commerce Center, Lot 4R, Block 7 (BMC Millwork), Replat, to establish the fire lanes to allow an 89,850-square-foot addition to the existing 115,170- square-foot office/warehouse building on 9.42 acres of property located at 425 Airline Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember York moved to close the Public Hearing and approve the Park West Commerce Center, Lot 4R, Block 7 (BMC Millwork), Replat, to establish the fire lanes to allow an 89,850-square-foot addition to the existing 115,170-square-foot office/warehouse building on 9.42 acres of property located at 425 Airline Drive. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores cm061207 Page 8 of 14 and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 15.PUBLIC HEARING: Consider approval of Case No. PD-220R-SF-12, Alexander Court, to amend the land use designation on the Comprehensive Land Use Plan from Neighborhood Retail to Residential Low Density on approximately four acres of property along Denton Tap Road and a zoning change request from C (Commercial) to PD-220R-SF-12 (Planned Development- 220 Revised-Single Family-12), with a Detail Site Plan, to allow the development of 29 single-family homes and two common areas on 18.5 acres of property located at the northwest corner of Bethel and Denton Tap Roads. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. John Hawkins, Applicant, addressed questions of Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Peters moved to close the Public Hearing and approve: Item 15 Case No. PD-220R-SF-12, Alexander Court, to amend the land use designation on the Comprehensive Land Use Plan from Neighborhood Retail to Residential Low Density on approximately four acres of property along Denton Tap Road and a zoning change request from C (Commercial) to PD-220R-SF-12 (Planned Development-220 Revised- Single Family-12), with a Detail Site Plan, to allow the development of 29 single-family homes and two common areas on 18.5 acres of property located at the northwest corner of Bethel and Denton Tap Roads; subject to the following conditions: cm061207 Page 9 of 14 1)Submission of a complete Tree Survey/Mitigation Plan required by Sec. 12-34-2 of the Zoning Ordinance; 2)A tree removal permit will be required prior to the removal of any and the issuance of a grading permit; 3)Park impact fees will be assessed at $1,285 per lot; 4)HOA documents need to be submitted to the City for review by the City Attorney to assure perpetual maintenance of all common areas by the Homeowners Association prior to submission of a Final Plat; and 5)Do not resubmit the three black and white, 24” x 36” pictures of the screening walls similar to the type being proposed. Sheet W-1 Landscape and Entry Feature Concept Elevations is sufficient, if supplemented with a color board indicating the colors and materials to be used for the screening wall. Item 16 Alexander Court, Lots 1-29X, Block A, Preliminary Plat, to allow the subdivision of 29 single-family lots and two common area lots on 18.5 acres of property located at the northwest corner of Bethel and Denton Tap Roads; subject to the following conditions: 1)Add all PD Conditions to Preliminary Plat as specified on the Zoning Exhibit/Detail Site Plan herein revised, including replacing PD Condition #11 with: “No fence shall be permitted to be built east of the sanitary sewer manholes on Lot 22.” 2)The preliminary construction plans for Bethel Road show a grade differential adjacent to Lots 24, 25, and 29. Prior to the installation of the screening wall and the development of those lots, the correct grade that matches the Bethel Road plans will need to be established; and 3)A tree removal permit will be required prior to the removal of any trees and the issuance of a grading permit. and Item 17 Granting the Planning & Zoning Commission Final Plat approval authority of Alexander Court, Lots 1-29X, Block A, to allow the subdivision of 29 single-family lots and two common area lots on 18.5 acres of property located at the northwest corner of Bethel and Denton Tap Roads. cm061207 Page 10 of 14 Councilmember Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 16.Consider approval of the Alexander Court, Lots 1-29X, Block A, Preliminary Plat, to allow the subdivision of 29 single-family lots and two common area lots on 18.5 acres of property located at the northwest corner of Bethel and Denton Tap Roads. This item was considered under Item 15. See Item 15 for minutes. 17.Consider granting the Planning & Zoning Commission Final Plat approval authority of Alexander Court, Lots 1-29X, Block A, to allow the subdivision of 29 single-family lots and two common area lots on 18.5 acres of property located at the northwest corner of Bethel and Denton Tap Roads. This item was considered under Item 15. See Item 15 for minutes. 18.Consider approval of appointing a regular member to the Parks and Recreation Board to fill the seat vacated by Stephen Hafer. Action: Councilmember Franklin moved to move Brent Holdridge from an Alternate to a Regular member of the Parks and Recreation Board to fill a vacancy which term expires September 30, 2008. Councilmember Tunnell seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 19.Consider appointments to Council Committees. Presentation: Mayor Stover read the following proposed slate to serve on the Council Committees: cm061207 Page 11 of 14 A.Carrollton/Farmers Branch ISD/Lewisville ISD – Councilmember Tunnell. B.Coppell ISD – Councilmembers Peters and Faught. C.Coppell Seniors – Councilmembers Brancheau and Faught. D.Dallas Regional Mobility Coalition – Councilmember Peters. E.Economic Development Committee – Mayor Pro Tem Hinojosa- Flores and Councilmember Franklin. F.International Council for Local Environmental Initiatives (ICLEI) – Councilmember Brancheau G.Metrocrest Hospital Authority – Councilmember Tunnell. H.Metrocrest Medical Foundation – Councilmember Tunnell. I.Metrocrest Medical Services – Mayor Pro Tem Hinojosa-Flores. J.Metrocrest Social Service Center – Councilmember Tunnell. K.North Texas Council of Governments – Councilmember Brancheau. L.NTCOG/Regional Emergency Management – Councilmember Franklin. M.North Texas Commission – Councilmember York. N.Senior Adult Services – Councilmember Faught. Action: Mayor Pro Tem Hinojosa-Flores moved to approve the appointments to Council Committees as read by Mayor Stover. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 20.Mayor and Council Reports. A.Report by Mayor Stover regarding Coppell Copperhead Baseball. A.Mayor Stover discussed the coming season of the Coppell Copperhead Baseball team. 21.Necessary action resulting from Work Session. There was no action necessary under this item. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session cm061207 Page 12 of 14 A.Section 551.071, Texas Government Code - Consultation with City Attorney. 1.The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045-107; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3; and CB Parkway Business Center, et al vs. City of Coppell, et al; and City of Dallas vs. Douglas Stover, et al in the 191st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101st District Court. B.Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1.Lease of property west of Coppell Road and north of Bethel Road. C.Section 551.087, Texas Government Code – Economic Development Negotiations. 1.ED Prospects West of Beltline/Denton Tap and south of Bethel Road. Mayor Stover reconvened into Executive Session at 8:06 p.m. as allowed under the above-stated article. Mayor Stover recessed the Executive Session at 8:45 p.m. and opened the Work Session. Councilmember York left the meeting during Executive Session. REGULAR SESSION (Open to the Public) 22.Necessary Action Resulting from Executive Session. Action: Councilmember Peters moved to amend the Economic Development Agreement with the Hard Eight for site plan improvements to include a total of $335,214.13. Councilmember Franklin seconded the motion; the motion carried 4-1 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters and Franklin voting in favor of the motion and Councilmember Tunnell voting against the motion. cm061207 Page 13 of 14 There being no further meeting was adjourned. before the City Council, the ATTEST: cm061207 Page 14 of 14