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CM 2009-03-10 MINUTES OF MARCH 10, 2009 The City Council of the City of Coppell met in Regular Called Session on Tuesday, March 10, 2009 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 Tim Brancheau, Councilmember Jayne Peters, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Karen Hunt, Councilmember Mayor Pro Tem Franklin was absent. Also present were City Manager Clay Phillips, 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 551.087, Texas Government Code Economic Development Negotiations. 1. ED Prospects West of BeltlinejDenton Tap and south of Bethel Road and north of Sandy Lake Road and west of Coppell Road. Mayor Stover convened into Executive Session at 5:43 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 6:25 p.m. and opened the Work Session. Cm031009 Page 1 of 14 WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Agenda Items for Joint Meetings with the Planning & Zoning/Economic Development and Library/Park Boards. B. Discussion regarding the naming the 121 Toll Road. C. Discussion regarding the 121 Sound Walls. D. Presentation regarding Gas Well Ordinance. E. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Pastor Wayne McDonald of Metrocrest Community Church led those present in the Invocation. 6. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 7. Presentation and adoption of final Coppell 2030 document. Presentation: Gary Roden and Barb Schmidt made a presentation to the Council. Action: Councilmember Hunt moved to accept the final Coppell 2030 document. Councilmember Tunnell seconded the motion; the motion carried 6-0 with Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. Cm031009 Page 2 of 14 8. Citizens' Appearances. Mayor Stover advised no one signed up to speak. CONSENT AGENDA 9. Consider approval of the following consent agenda items: A. Consider approval of minutes: February 24, 2009. B. Consider approval to switch wireless cellular and data services provider from Sprint/Nextel to Verizon Wireless, per GSA-FSS cooperative purchasing contract, and authorizing the City Manager to approve all necessary documentation. C. Consider approval of an Ordinance for Case No. PD- 228R2-HC, Vista Ridge Retail (Taste of Market Street), zoning change from PD-228R-HC (Planned Development-228 Revision-Highway Commercial) to PD-228R2-HC (Planned Development-228 Revision 2-Highway Commercial) to allow an externally lit gas price monument sign for the convenience store with fuel sales and drive-through on approximately 1.19 acres of property, approximately 200 feet north of the northeast corner of S.H. 121 and Denton Tap Road and authorizing the Mayor to sign. D. Consider approval of an Ordinance for Case No. PD- 238-HC, Coppell Office Village, zoning change from HC (Highway Commercial) to PD-238-HC (Planned Development-238-Highway Commercial) to attach a detail site plan to allow a one-story, 23,200-square- foot office building on 2.02 acres of property located along the south side of S.H. 121, approximately 400 feet east of Denton Tap Road and authorizing the Mayor to sign. Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B, C carrying Ordinance No. 91500-A-516 and D carrying Cm031009 Page 3 of 14 Ordinance No. 91500-A-517. Councilmember Peters seconded the motion; the motion carried 6-0 with Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 10. Consider approval of awarding Proposal No. 080680DHH to USA Shade and Fabric Structure, Inc, in the amount of $59,910.00, for the replacement of the fabric on the shade structures at Wagon Wheel Park, Baseball Fields 1- 5; and authorizing the City Manager to execute any necessary documents. Presentation: Brad Reid, Director of Parks and Recreation, made a presentation to the Council. Action: Councilmember Peters moved to award Proposal No. 080680DHH to USA Shade and Fabric Structure, Inc, in the amount of $59,910.00, for the replacement of the fabric on the shade structures at Wagon Wheel Park, Baseball Fields 1-5; and authorizing the City Manager to execute any necessary documents. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Councilmembers Brancheau, Peters, Hinojosa- Flores, Tunnell, Faught and Hunt voting in favor of the motion. 11. PUBLIC HEARING: Consider approval of Case No. PD-217R-C, Doggie's Wonderland, a zoning change request from C (Commercial) and PD-21 7 -C (Planned Development-21 7- Commercial) to PD-217R-C (Planned Development-217 Revised-Commercial) to expand the detail site plan to allow an increase in the pet care outdoor play area on 1.01 acres of property located at 120 E. Bethel School Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Cm031009 Page 4 of 14 Public Hearing: Mayor Stover opened the Public Hearing and advised no one signed up to speak. Action: Councilmember Faught moved to close the Public Hearing and approve Case No. PD-217R-C, Doggie's Wonderland, a zoning change request from C (Commercial) and PD-217 -C (Planned Developmen t - 217 -Commercial) to PD- 21 7R -C (Planned Development-217 Revised-Commercial) to expand the detail site plan to allow an increase in the pet care outdoor play area on 1.01 acres of property located at 120 E. Bethel School Road subject to the following conditions: 1) Submit a separate instrument that will define the perpetual maintenance responsibility of the landscaping and irrigation of the 10-foot landscape easement abutting the northwest property line. Councilmember Hunt seconded the motion; the motion carried 6-0 with Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 12. PUBLIC HEARING: Consider approval of the Northlake Woodlands Center Addition, Lot 4R, Block A, Replat & Minor Plat, being a replat of the Northlake Woodlands Center Addition, Lot 4, Block A, to incorporate 0.35 acres of unplatted property to allow the expansion of the pet care outdoor play area, on 1.01 acres of property located at 120 E. Bethel School Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Cm031009 Page 5 of 14 Public Hearing: Mayor Stover opened the Public Hearing and advised no one signed up to speak. Action: Councilmember Tunnell moved to close the Public Hearing and approve the Northlake Woodlands Center Addition, Lot 4R, Block A, Replat & Minor Plat, being a replat of the Northlake Woodlands Center Addition, Lot 4, Block A, to incorporate 0.35 acres of unplatted property to allow the expansion of the pet care outdoor play area, on 1.01 acres of property located at 120 E. Bethel School Road subject to the following condition: 1) Record the perpetual maintenance agreement prior to or at the time of plat recordation. Councilmember Peters seconded the motion; the motion carried 6-0 with Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 13. PUBLIC HEARING: Consider approval of the GTE Shared Services Center Addition, Lots 1R1 & 1R2, Block 1, Replat, being a replat of the GTE Shared Services Center Addition, Lot 1, Block 1 to allow for separate ownership of each lot, requiring abandonment of existing fire lane and revisions to various utility easements on 23.4 acres of property located at the north east corner of S.H. 121 and Canyon Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised no one signed up to speak. Cm031009 Page 6 of 14 Action: Councilmember Peters moved to approve the GTE Shared Services Center Addition, Lots 1R1 & 1R2, Block 1, Replat, being a replat of the GTE Shared Services Center Addition, Lot 1, Block 1 to allow for separate ownership of each lot, requiring abandonment of existing fire lane and revisions to various utility easements on 23.4 acres of property located at the north east corner of S.H. 121 and Canyon Drive subject to the following condition: 1) Provide the City a copy of the sanitary sewer and mutual access agreements. Councilmember Hunt seconded the motion; the motion carried 6-0 with Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 14. PUBLIC HEARING: Consider approval of Case No. PD-239-R, Denton Creek Nursing, a zoning change request from SF-12 (Single Family-12), R (Retail) and 0 (Office) to PD-239-R (Planned Development-239-Retail) to attach a detail site plan to allow a 52,317-square-foot (123 beds) Nursing and Rehabilitation Facility on 6.47 acres of property located along the north side of Sandy Lake Road, between Riverchase and Riverview Drives. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Ken Griffin, Director of Engineering and Public Works, addressed questions of the Council. Larry Parker, applicant, addressed the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised no one signed up to speak. Cm031009 Page 7 of 14 Action: Councilmember Peters moved to approve Case No. PD-239-R, Denton Creek Nursing, a zoning change request from SF -12 (Single Family-12), R (Retail) and 0 (Office) to PD-239-R (Planned Development-239-Retail) to attach a detail site plan to allow a 52,317 -square-foot (123 beds) Nursing and Rehabilitation Facility on 6.47 acres of property located along the north side of Sandy Lake Road, between Riverchase and Riverview Drives subject to the following conditions: 1) The property owner will be responsible for the cost of the 4th leg of this traffic signal at Sandy Lake and the western driveway; 2) Submission of a revised drainage plan will be required with the submittal of engineering plans; Councilmember Hinojosa-Flores seconded the motion; the motion carried 5-1 with Councilmembers Brancheau, Peters, Hinojosa- Flores, Faught and Hunt voting in favor of the motion and Councilmember Tunnell voting against the motion. 15. Consider approval of the Denton Creek Nursing Addition, Lot 1, Block A, Minor Plat, to establish a building site with required easements and fire lanes to allow a 52,317- square-foot Nursing and Rehabilitation Facility on 6.47 acres of property located along the north side of Sandy Lake Road, between Riverchase and Riverview Drives. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Action: Councilmember Faught moved to approve the Denton Creek Nursing Addition, Lot 1, Block A, Minor Plat, to establish a building site with required easements and fire lanes to allow a 52,317 -square-foot Nursing and Rehabilitation Facility on 6.47 acres of property located along the north side of Sandy Cm031009 Page 8 of 14 Lake Road, between Riverchase and Riverview Drives subject to the following conditions: 1) The property owner will be responsible for the cost of the 4th leg of this traffic signal at Sandy Lake and the western driveway; 2) Submission of a revised drainage plan will be required with the submittal of engineering plans; 3) Provide a 24-foot access easement from the fire lane easement to the east property line; and 4) Add the following to the plat: "The City of Coppell will not have responsibility for maintenance of the floodway jfloodplain area as shown hereon. The maintenance for these areas shall be the sole responsibility of the individual lot owner adjacent to said areas. These areas are to remain free of improvements that may obstruct the flow of storm water and protected from potential erosion by the owners. No fences will be allowed in the floodplain or any other structures (pools, decks gazebos, etc.) per the City's Floodplain Ordinance." Councilmember Peters seconded the motion; the motion carried 5-1 with Councilmembers Brancheau, Peters, Hinojosa-Flores, Faught and Hunt voting in favor of the motion and Councilmember Tunnell voting against the motion. 16. PUBLIC HEARING: Consider approval of Case No. PD-221R6-HC, Duke Lesley Addition, a zoning change request from PD-221 R-HC (Planned Development-221-Revised-Highway Commercial) and PD-221R4-HC (Planned Development-221-Revision 4- Highway Commercial) to PD-221 R6-HC (Planned Development-221-Revision 6-Highway Commercial) to revise the Detail Plan to expand the area by 3.4 acres to allow 362 additional parking spaces and generator locations to serve the future tenant of an existing 182,700-square-foot office building on 15.296 acres of property located at the southwest corner of Dividend Drive and S. Belt Line Road. Cm031009 Page 9 of 14 Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Jack Evans, representing the applicant, addressed the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised no one signed up to speak. Action: Councilmember Peters moved to close the Public Hearing and approve Case No. PD-221R6-HC, Duke Lesley Addition, a zoning change request from PD-221R-HC (Planned Development-221- Revised-Highway Commercial) and PD-221R4-HC (Planned Development-221-Revision 4-Highway Commercial) to PD-221R6- HC (Planned Development-221-Revision 6-Highway Commercial) to revise the Detail Plan to expand the area by 3.4 acres to allow 362 additional parking spaces and generator locations to serve the future tenant of an existing 182,700-square-foot office building on 15.296 acres of property located at the southwest corner of Dividend Drive and S. Belt Line Road. Councilmember Hunt seconded the motion; the motion carried 6-0 with Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 17. PUBLIC HEARING: Consider approval of the Duke Lesley Addition, Lot 3R, Block C, Replat & Minor Plat, being a replat of the Duke Lesley Addition, Lot 3, Block C to incorporate 3.4 acres of unplatted property, revising drainage and access easements to allow additional parking on 15.296 acres of property located at the southwest corner of Dividend Drive and S. Belt Line Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Cm031009 Page 10 of 14 Public Hearing: Mayor Stover opened the Public Hearing and advised no one signed up to speak. Action: Councilmember Tunnell moved to close the Public Hearing and approve the Duke Lesley Addition, Lot 3R, Block C, Replat & Minor Plat, being a replat of the Duke Lesley Addition, Lot 3, Block C to incorporate 3.4 acres of unplatted property, revising drainage and access easements to allow additional parking on 15.296 acres of property located at the southwest corner of Dividend Drive and S. Belt Line Road. Councilmember Hunt seconded the motion; the motion carried 6-0 with Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 18. PUBLIC HEARING: Consider approval of Case No. PD-108R11-SF-9, The Chateaus of Coppell, a zoning change request from PD- 108R9-SF-9 (Planned Development-108 Revision 9-Single Family-9) to PD-108R11-SF-9 (Planned Development-108 Revision II-Single Family-9), to revise the PD conditions to allow up to 12 of the 56 single-family homes to have stucco exteriors, where no two stucco homes shall be spaced any closer than every second lot, on 20 acres of property located at the southwest corner of Bethel and Denton Tap Roads. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council and advised the applicant would like to postpone until April 14. Public Hearing: Mayor Stover opened the Public Hearing. Cm031009 Page 11 of 14 Action: Councilmember Tunnell moved to continue to the April 14 meeting. Councilmember Peters seconded the motion; the motion carried 6-0 with Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 19. Mayor and Council Reports. A. Report by Mayor Stover regarding the Metroplex Mayors' Meeting. A. Deputy City Manager Mario Canizares attended the Metroplex Mayors' Meeting. The guest speaker was the Security Industry Alarm Coalition, a non-profit organization that educates mayors and city managers about their organization. They spoke about assisting cities with ordinances relating to alarm licensing. At this time, Council reconvened into Work Session. WORK SESSION (Open to the Public) 2. Reconvene Work Session A. Discussion regarding Agenda Items for Joint Meetings with the Planning & Zoning/Economic Development and Library/Park Boards. B. Discussion regarding the naming the 121 Toll Road. C. Discussion regarding the 121 Sound Walls. D. Presentation regarding Gas Well Ordinance. E. Discussion of Agenda Items. 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: 15 p.m. Mayor Stover adjourned the Executive Session at 8:23 p.m. and reopened the Regular Session. Cm031009 Page 12 of 14 WORK SESSION (Open to the Public) 2. Reconvene Work Session A. Discussion regarding Agenda Items for Joint Meetings with the Planning & Zoning/Economic Development and Library/Park Boards. B. Discussion regarding the naming the 121 Toll Road. c. Discussion regarding the 121 Sound Walls. D. Presentation regarding Gas Well Ordinance. E. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 20. Necessary action resulting from Work Session. There was no action necessary under this item. 21. Necessary action resulting from Executive Session. Presentation: Bob Hager, City Attorney, made a presentation to the Council. Action: Councilmember Peters moved to authorize the City Manager to negotiate a development agreement with Jay Kohrami to exchange land with the City of Coppell of approximately 1100 square feet and 1400 square feet, respectively, at a location commonly referred to as Coppell Deli, to permit the widening of Coppell Road and providing for public access parking adjacent to said business. Councilmember Hunt seconded the motion; the motion carried 6-0 with Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. There being no further business to come before the City Council, the meeting was adjourned. Cm031009 Page 13 of 14 ATTEST: Libby Eal , ty ccrctary Cm031009 Page 14 of 14