CM 2008-07-08 MINUTES OF JULY 8, 2008 The City Council of the City of Coppell met in Regular Called Session on Tuesday, July 8, 2008 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 Marvin Franklin, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Karen Hunt, Councilmember Also present were City Manager Jim Witt, Deputy City Secretary Christel Pettinos 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 191 st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101 District Court. st B.Section 551.072, Texas Government Code - Deliberation regarding Real Property. cm070808 Page 1 of 14 1.Purchase of Real Property West of Denton Tap and South of Bethel Road. 2.Discussion regarding sale of mineral rights on City-owned property. C.Section 551.087, Texas Government Code – Economic Development Negotiations. 1.ED Prospects East and West of Beltline/Denton Tap and south of Bethel Road. Mayor Stover convened into Executive Session at 5:48 p.m. as allowed under the above-stated article. Mayor Stover recessed the Executive Session at 6:20 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3.Convene Work Session A.Discussion regarding serving Alcohol at City- sponsored Events. B.Discussion regarding Cemetery Logo. C.Discussion regarding Park Trail Amenities and Park Signage. D.Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4.Convene Regular Session. 5.Invocation. Pastor Susan Bryan from First United Methodist Church led those present in the Invocation. 6.Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 7.Presentation by Michael Morris, Director of Transportation for the North Central Texas Council of Governments, regarding regional transportation issues. cm070808 Page 2 of 14 Presentation: Michael Morris, Director of Transportation for North Central Texas Council of Governments, made a presentation to the Council. 8.Citizens' Appearances. There was no one signed up to speak under this item. CONSENT AGENDA 9.Consider approval of the following consent agenda items: A.Consider approval of minutes: June 24, 2008 June 26, 2008. B.Consider approval of a resolution authorizing the Mayor and City Manager to execute the appropriate funding of the Development Block Grant Funds Agreement with Dallas County for fiscal years 2009, 2010 and 2011. C.Consider approval of an agreement between the city of Coppell and the Wilson Family, and authorizing the City Manager to sign. D.Consider approval of an Ordinance abandoning two drainage easements and a grade-to-drain easement located in the J.A. Simmons Survey, Abstract No. 1296, southwest corner of Denton Tap and Bethel Road, as described in Exhibits "A", "B" and "C" attached hereto; reserving all existing easement rights of others, if any; and authorizing the Mayor to sign and to execute any necessary documents. Action: Councilmember Tunnell moved to approve Consent Agenda Items A; B carrying Resolution No. 2008-0708.1; C; and D carrying Ordinance No. 2008-1201. Councilmember Hinojosa-Flores seconded the motion; the motion carried 7-0 cm070808 Page 3 of 14 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 10.Consider approval of the Fire Station No. 1, Lot 1 Block 1, Site Plan Amendment, to allow a 4,900-square-foot building with four (4) bay doors for storage and vehicle parking, on 3.64 acres of property located on the existing fire station site at 520 Southwestern Boulevard. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Action: Mayor Pro Tem Franklin moved to approve the Fire Station No. 1, Lot 1 Block 1, Site Plan Amendment, to allow a 4,900-square-foot building with four (4) bay doors for storage and vehicle parking, on 3.64 acres of property located on the existing fire station site at 520 Southwestern Boulevard. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 11.PUBLIC HEARING: Consider approval of Case No. PD-221R5-HC, Duke Lesley Addition, zoning change request from PD-221-R3-HC (Planned Development-221 Revision 3-Highway Commercial) to PD-221R5-HC (Planned Development-221 Revision 5- Highway Commercial) to attach a detail site plan to allow a 5,000-square-foot convenience store with ten gas pumps located along the west side of S. Belt Line Road, approximately 636 feet north of IH 635. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. cm070808 Page 4 of 14 Alicia Rhymer, representing the applicant, made a presentation to the Council. Mike Ruelle, representing the applicant, made a presentation to the Council. Bill Dahlstrom, representing the applicant, 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. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Stover convened into Executive Session at 8:33 p.m. Mayor Stover adjourned the Executive Session at 8:47 p.m. and reopened the Regular Session. REGULAR SESSION (Open to the Public) Action: Councilmember Tunnell moved to close the Public Hearing and deny Case No. PD-221R5-HC, Duke Lesley Addition, zoning change request from PD-221-R3-HC (Planned Development-221 Revision 3-Highway Commercial) to PD-221R5-HC (Planned Development- 221 Revision 5- Highway Commercial) to attach a detail site plan to allow a 5,000-square-foot convenience store with ten gas pumps located along the west side of S. Belt Line Road, approximately 636 feet north of IH 635. Councilmember Faught seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of denying the item. cm070808 Page 5 of 14 12.PUBLIC HEARING: Consider approval of Case No. PD-209R2-C, TownOaks Centre, a zoning change request from PD-209R-C (Planned Development-209-Revised-Commercial) to PD-209R2-C (Planned Development-209-Revision 2-Commercial) to allow the re-occupancy of an existing vacant restaurant building for two restaurants (Chipotle and Mooyah Burgers and Fries) requiring variances to the Zoning Ordinance including: the incorporation of metal standing seam awnings on three facades; two outdoor patio areas encroaching into the required setback areas, a monument sign to be setback ten feet from the property line, and sign variances on property located at the southeast corner of Sandy Lake Road and Denton Tap Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Alen Hinckley, representing the applicant, made a presentation to the Council. Ryan Bills, representing the applicant, addressed questions from the Council. Bob Anderson, representing the applicant, addressed questions from the Council. Stephan Sahayda, representing the applicant, addressed questions from 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. PD-209R2-C, TownOaks Centre, a zoning change request from PD-209R-C (Planned Development-209-Revised- Commercial) to PD-209R2-C (Planned Development-209-Revision cm070808 Page 6 of 14 2-Commercial) to allow the re-occupancy of an existing vacant restaurant building for two restaurants (Chipotle and Mooyah Burgers and Fries) requiring variances to the Zoning Ordinance including: the incorporation of metal standing seam awnings on three facades; two outdoor patio areas encroaching into the required setback areas, a monument sign to be setback ten feet from the property line, and sign variances on property located at the southeast corner of Sandy Lake Road and Denton Tap Road, subject to the following modified conditions: 1)Metal awnings being replaced with canvas, or a lusterless, non-metal material that closely resembles canvas, at least 98 percent of which is a single deep or neutral solid color. The same awning color shall be used for both restaurants. The umbrellas can be maroon and red. 2)The face of the monument sign to be red letters with bronze. 3)The patio shall consist of decorative metal railings instead of mesh. 4)Five foot sidewalks being provided along Denton Tap Road and Sandy Lake Road, and a sidewalk easement to be provided along Sandy Lake Road. Awnings must be fabric instead of metal. 5) Councilmember Faught seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 13.PUBLIC HEARING: Consider approval of Case No. PD-229R-LI, Minyard Addition (KTR Capital), a zoning change request from PD- 229-LI (Planned Development-229-Light Industrial) to PD- 229R-LI (Planned Development-229 Revised-Light Industrial) to allow a revised monument sign plan including revisions to the location, design and size of four (4) monument signs on 79.53 acres of property, located at the southwest corner of Freeport Parkway and Bethel Road. cm070808 Page 7 of 14 Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Richard Nordyke, representing the applicant, addressed questions from the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Mayor Pro Tem Franklin moved to close the Public Hearing and approve Case No. PD-229R-LI, Minyard Addition (KTR Capital), a zoning change request from PD-229-LI (Planned Development-229- Light Industrial) to PD-229R-LI (Planned Development-229 Revised-Light Industrial) to allow a revised monument sign plan including revisions to the location, design and size of four (4) monument signs on 79.53 acres of property, located at the southwest corner of Freeport Parkway and Bethel Road, subject to the following condition: 1) Industrial Park Industrial sign on the north east corner of the property should be outside of drainage easement and away from 10" waterline. Refer to Bethel Rd. construction plans. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 14.PUBLIC HEARING: Consider approval of Case No. PD–233-R, Coppell Vision Center, a zoning change request from SF-12 (Single Family-12) to PD-233-R (Planned Development-233-Retail) to allow the construction of a 2,600-square-foot medical office on 0.434 acres of property located at the southeast corner of Sandy Lake and Nash Road, 541 East Sandy Lake Road. cm070808 Page 8 of 14 Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Mardy Brown, representing the applicant, addressed questions from 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 Hinojosa-Flores moved to close the Public Hearing and approve Case No. PD–233-R, Coppell Vision Center, a zoning change request from SF-12 (Single Family-12) to PD-233-R (Planned Development-233-Retail) to allow the construction of a 2,600-square-foot medical office on 0.434 acres of property located at the southeast corner of Sandy Lake and Nash Road, 541 East Sandy Lake Road, subject to the following condition: 1) Applicant is allowed the removal of the cottonwood trees located on the property without paying the tree retribution. Mayor Pro Tem Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 15.Consider approval of the CiCi’s Addition No. 1, Site Plan Amendment, to allow the construction of an approximate 6,700-square-foot expansion along the north side of the existing office/warehouse building, on 5.14 acres of property located at 1080 W. Bethel Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council for Items 15 & 16. cm070808 Page 9 of 14 Brian Jaffe, representing the applicant, addressed questions from 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: Item No. 15: The CiCi’s Addition No. 1, Site Plan Amendment, to allow the construction of an approximate 6,700-square-foot expansion along the north side of the existing office/warehouse building, on 5.14 acres of property located at 1080 W. Bethel Road, subject to the following conditions: 1)All parking shown on the Site Plan and relocation of the firelane shall be constructed with this phase of development. 2)Contact Larry Redick at (972) 323-8917 to discuss electrical needs. 3)Tree removal permit will be required prior to start of construction. 4)Drainage will be evaluated further during engineering plan review; And Item No. 16: The Cici’s Addition No. 1, Lot 1R, Block 1, Replat, to revise the location of the fire lane to allow the expansion of the existing office/warehouse building on 5.14 acres of property located at 1080 W. Bethel Road. Mayor Pro Tem Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers cm070808 Page 10 of 14 Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 16.PUBLIC HEARING: Consider approval of the Cici’s Addition No. 1, Lot 1R, Block 1, Replat, to revise the location of the fire lane to allow the expansion of the existing office/warehouse building on 5.14 acres of property located at 1080 W. Bethel Road. Items 15 & 16 were considered together. Please see Item 15 for the minutes. 17.Consider approval of the Freeport Parkway R.O.W. Dedication, Preliminary Plat, to provide the required right-of-way for the extension of Freeport Parkway, north of Sandy Lake Road to S.H. 121. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council for Items 17 & 18. Brian Jaffe, representing the applicant, addressed questions from the Council. Action: Councilmember Peters moved to approve: Item No. 17: The Freeport Parkway R.O.W. Dedication, Preliminary Plat, to provide the required right-of-way for the extension of Freeport Parkway, north of Sandy Lake Road to S.H. 121; And cm070808 Page 11 of 14 Item No. 18: The Freeport Parkway R.O.W. Dedication, Final Plat, to provide the required right-of-way for the extension of Freeport Parkway, north of Sandy Lake Road to S.H. 121. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 18.Consider approval of the Freeport Parkway R.O.W. Dedication, Final Plat, to provide the required right-of- way for the extension of Freeport Parkway, north of Sandy Lake Road to S.H. 121. Items 17 & 18 were considered together. Please see Item 17 for the minutes. 19.Consider approval of City of Coppell Change Order #9 to the Bethel Road Project #ST 99-05 in the amount of $120,836.68 as provided for in CIP funds; and authorizing the City Manager to sign and execute any necessary documents. Presentation: Ken Griffin, Director of Engineering and Public Works, made a presentation to the Council. Action: Councilmember Hunt moved to approve City of Coppell Change Order #9 to the Bethel Road Project #ST 99-05 in the amount of $120,836.68 as provided for in CIP funds; and authorizing the City Manager to sign and execute any necessary documents. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. cm070808 Page 12 of 14 20.Mayor and Council Reports. A.Report by Mayor Stover regarding 4 of July th Activities. th A.Mayor Stover spoke regarding the July 4 activities and Town Center Plaza Dedication. 21.Necessary action resulting from Work Session. There was no action necessary under this item. At this time, Mayor Stover reconvened into Executive Session. EXECUTIVE SESSION (Closed to the Public) 22.Reconvene 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 191 st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101 District Court. st Mayor Stover reconvened into Executive Session at 10:29 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 11:17 p.m. and opened the Regular Session. REGULAR SESSION (Open to the Public) 23.Necessary action resulting from Executive Session. cm070808 Page 13 of 14 Presentation: ----. Robert Hager, city Attomey, read a motion into the record. Action: Councilmember Peters moved to approve a mineral lease with Chief Exploration and Development, LLC on municipal owned property located at Moore Road south of Sandy Lake Road and Hunterwood Park in the Hunterwood subdivision; and, authorize the Mayor to sign. Councilmember Hunt seconded the motion; the motion carried 7-0 with Mayor Pro Tern Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. There being no further busines meeting was adjoumed. e City Council, the ATTEST: ----. - cm070808 Page 14 of 14 -