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CM 1999-11-09 MINUTES OF NOVEMBER 9, 1999 The City Council of the City of Coppell met in Regular Called Session on Tuesday, November 9, 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 Tem Greg Garcia, Councilmember Jayne Peters, Councilmember Pat Keenan, Councilmember Doug Stover, Councilmember (late arrival) Larry Wheeler, Councilmember Bill York, Councilmember (late arrival) Also present were City Manager Jim Witt, Interim City Secretary Libby Ball and City Attorney Robert Hager. 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 551.071, Texas Government Code - Consultation with City Attorney. 1. Michael A. Scott vs. The City of Coppell, U.S. District Court. B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Land acquisition west of Denton Tap. Mayor Sheehan convened into Executive Session at 6:10 p.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive Session at 6:20 p.m. and opened the Work Session. CM 110999 Page 1 of 14 WORK SESSION (Open to the Public) 3. Convene Work Session A. Review Fee Structure for Aquatic/Recreation Center. B. Discussion of Agenda Items. Councilmember Stover arrived during Work Session. REGULAR SESSION (Open to the Public) 4. Invocation. Pastor Wayne McDonald from the Metrocrest Community 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. The representative was unable to attend for this presentation. 7. Citizen's Appearances. There was no one signed up to speak under this item. CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: October 26, 1999. B. Consider approval of award of Bid #Q-0999-02 for lease/to purchase of four (4} BMW Motorcycles to BMW of Fort Worth, in the amount of $69,700, as budgeted; and authorizing the Mayor to sign. CM 110999 Page 2 of 14 C. Consider approval of awarding Bid #Q-0999-03 for the Lease/Purchase and Purchase of Vehicles to Classic Chevrolet in the amount of $629,629.00 for total fund costs as budgeted, and authorizing the Mayor to sign. D. Consider approval of awarding bid Q-0598-01 for one mobile intensive care unit to AA Emergency Ambulance for an Osage Ambulance in the amount of $98,300.00, as budgeted in FY 99-00 budget. Land Use and Development E. Consider approval of an Ordinance for Case No. S-1164, J'Donuts, zoning change request from C (Commercial) to C-S.U.P. (Commercial, Special Use Permit), to allow the operation of a 1,195 square foot doughnut shop located at 110 W. Sandy Lake Road, and authorizing the Mayor to sign. F. Consider approval of an Ordinance for Case No. S-1165, Ole's Tex-Mex Restaurant, zoning change request from R {Retall) to R-S.U.P. {Retail, Special Use Permtt)~ to allow a 2,600 square foot private club restaurant located at 600 E. Sandy Lake Road, and authorizing the Mayor to sign. Consider approval of a Right-of-way Use Agreement with the United States Postal Service North Texas Processing and Distribution Center to allow construction of a mail drop-off lane and relocation of the drop boxes in the City right-of-way; and authorizing the Mayor to sign. Mayor Pro Tem Tunnell moved to approve Consent Agenda Items A, B, C, D, E carrying Ordinance No. 91500~A-236, F carrying Ordinance No. 91500-A-237 and G. Councilmember Peters seconded the motion; the motion carried 6-0 with Mayor Pro Tem Tunnell and Councilmembers Garcia, Peters, Keenan, Stover and Wheeler voting in favor of the motion. 9. PUBLIC HEARING: Consider approval of the designation of a relnvestment zone~ pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act. The property to be considered for CMl10999 Page 3 of 14 Reinvestment Zone designation is that property owned by the Lam Lee Group and Realty Capital Corporation, described as Freeport North, part of Lot 5R (113.085 acres) located on the east side of Royal Lane and on the north side of a creek known as Cottonwood Creek. City Manager Jim Witt made a presentation to the Council. Mayor Sheehan opened the Public Hearing and advised that no one had signed up to speak. Mayor Sheehan closed the Public Hearing. Councilmember Peters moved to approve 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 Lam Lee Group and Realty Capital Corporation, described as Freeport North, part of Lot 5R (13.085 acres) located on the east side of Royal Lane and on the north side of a creek known as Cottonwood Creek. Councilmember Stover seconded the motion; the motion carried 6-0 with Mayor Pro Tern Tunnell and Councilmembers Garcia, Peters, Keenan, Stover and Wheeler voting in favor of the motion. 10. Consider approval of an Ordinance designating the C. L. Lee Family Partnership property as Reinvestment Zone No. 26, and authorizing the Mayor to sign. Councflmember Peters moved to approve Ordinance No. 99900 designating the C. L. Lee Family Partnership property as Reinvestment Zone No. 26, and authorizing the Mayor to sign. Councilmember Garcia seconded the motion; the motion carried 6-0 with Mayor Pro Tem Tunnell and Councilmembers Garcia, Peters, Keenan, Stover and Wheeler voting in favor of the motion. Councilmember York arrived at this time. 11. PUBLIC HEARING: Consider approval of Case No. 9-1108R, PC9 PrlmeCo Wireless Communications, zoning change request for property zoned A- S.U.P. (Agriculture, Special Use Permit) to amend the Special Use Permit Site Plan to allow 2 additional accessory cabinets at the base of an existing T.U. Electric tower located approximately 1,000' southwest of the intersection of S. MacArthur Boulevard and the T.U. Electric transmission line easement; north of E. Beltline Road. CM110999 Page 4 of 14 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 Tem Tunnell moved to close the Public Hearing and approve Case No. S-1108R, PCS PrimeCo Wireless Communications, zoning change request for property zoned A-S.U.P. (Agriculture, Special use Permit) to amend the Special Use Permit Site Plan to allow 2 additional accessory cabinets at the base of an existing T.U. Electric tower located approximately 1,000' southwest of the intersection of S. MacArthur Boulevard and 'the T.U. Electric transmission line easement; north of E. Beltline Road subject to the color being Sherwin William SWl005 (gray). 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. 12. PUBLIC HEARING: Consider approval of Case No. S-1169, Southwestern Bell Wireless, Inc., zoning change request from SF-9 {Single Family- 9} to SF-9-S.U.P. (Single Family-9, Special Use Permit} to allow the installation of 9 wireless antennae to be flush-mounted on an existing recreational facility, as well as a 220 square foot equipment cabinet along the southern elevation of the building located at 7979 Mockingbird Lane. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council and indicated a 3/4 vote would be needed to approve since the Planning & Zoning Commission had denied this item. Mayor Sheehan opened the Public Hearing and asked for those wishing to speak regarding this proposal. Skip Ogle, Applicant, made a presentation. Richard Troth, 4950 Lusk Lane, Flower Mound and Julie Iniestra, 289 Alex Drive spoke in favor of the proposal. The Applicant addressed Council's questions concerning placing the antennae on the TXU utility poles and possibility of lease termination. Councilmember Stover requested consultation with City Attorney. EXECUTIVE SESSION (Closed to the Publlc) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Sheehan convened into Executive Session at 8:05 p.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive Session at 8:09 p.m. and reopened the Regular Session, continuing with Item 12. CM110999 Page 5 of 14 REGULAR SESSION (Open to the Public) Councilmember Wheeler indicated his support of this item. Councilmember Stover indicated he also supported the item. City Attorney Robert Hager addressed questions of Councilmember Keenan regarding other nonconforming uses. Councilmember Keenan questioned the Applicant about the whole building being one large antennae. Mayor Sheehan commented regarding her nonsupport of this item. Councilmember Peters and Mayor Pro Tern Tunnell asked about clarification and reasoning of the height restrictions imposed by TXU to use their poles.. Councilmember Wheeler moved to close the Public Hearing and approve CaSe No. S-1169, Southwestern Bell Wireless, Inc., zoning change request from SF79 (Single Family-9) to SF-9-S.U.P. (Single Family-9, Special Use Permit} to allow the installation of 9 wireless antennae to be flush- mounted on an existing recreational facility, as well as a 220 square foot equipment cabinet along the southern elevation of the building located at 7979 Mockingbird Lane. Councilmember Stover seconded the motion; the motion failed 4-3 with Councilmembers Garcia, Stover, Wheeler and York voting in favor of the motion and Mayor Pro Tern Tunnell and Councilmembers Peters and Keenan voting again:~t the motion. 13. PUBLIC HEARIN, G: Consider approval of Case No. S-1170, The Great Outdoors, zoninE change request from C (Commercial) to C-S.U.P. (Commercial, Special Use Permit) to allow a 2,200 square foot sandwich shop to be located at 761 S. MacArthur Boulevard. 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 Tem Tunnell asked about the parking issue. Mayor Pro Tem Tunnell moved to close the Public Hearing and approve Case No. 8-1170, The Great Outdoors, zoning change request from C (Commercial) to C-S.U.I:. (Commercial, Special Use Permit) to allow a 2,200 square foot sandwich shop to be located at 761 S. MacArthur Boulevard, subject to the following c anditions: 1) Raceway and ivory signage match tenants in shopping center. The Logo shall match the exhibit as submitted; and 2) Hours of operation shall be as follows: Monday through Saturday: 10:00 a.m. to 9:00 p.m. Sunday: 11:00 a.m. to 9:00 p.m. CM 110999 Page 6 of 14 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. 14. PUBLIC HEARING: Consider approval of the Coppell Commerce Center, Lots 2/k 3, Block 4, Replat/Minor Plat, to relocate the eastern property line of Lot 2, Block 4, by approximately 33' to the west and allow the creation of a single building[ site for a 4-acre parcel of property located at the southwest corner of S. Coppell Road and Burns Street. Gary Sieb, Director of Planning and Community Sexwices, made a presentation to the Council. Mayor Sheehan opened the Public Hearing and advised that no one had signed up to speak. Mayor Pro Tem Tunnell moved to close the Public Hearing and approve the Coppell Commerce Center, Lots 2 & 3, Block 4, Replat/Minor Plat, to relocate the eastern property line of Lot 2, Block 4, by approximately 33' to the west and allow the creation of a single building site for a 4-acre parcel of property located at the southwest corner of S. Coppell Road and Burns Street, subject to the following conditions: 1) All easements are shown on the plat; and 2) Include the floodplain permit note and signature block on the minor plat. 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. 15. PUBLIC HEARING: Consider approval of Case No. PD-157R6, Valley Ranch Plaza, zoning change request for property zoned PD-157RS-C (Planned Development, Commercial) by amendlnf~ the planned development conditions to permit the enclosure of the McDonald's Playplace and to reduce the building size in Phase II from 10,000 square feet to 8,000 square feet for property located at the southwest corner of E. Beltline Road and S. MacArthur Boulevard. Gary Sieb, Director of Planning and Community Services, made a presentation __ to the Council. Mayor Sheehan opened the Public Hearing and advised no one CM 110999 Page 7 of 14 was present to speak on this item. Mayor Pro Tem Tunnell inquired about the conditions recommended. Councilmember Keenan inquired about the sidewalk around the site. Michael Motta, Applicant, addressed the Council concerning having a sign considered. Mayor Pro Tem Tunnell stated she would rather the Applicant resolve the sign issue with the Valley Ranch Owners Association before Council would consider. Mayor Pro Tem Tunnell moved to close the Public Hearing and approve Case No. PD-157R6, Valley Ranch Plaza, zoning change request for property zoned PD-157RS-C (Planned Development, Commercial) by amending the planned development conditions to permit the enclosure of the McDonald's Playplace and to reduce the building size in Phase II from 10,000 square feet to 8,000 square feet for property located at the southwest comer of E. Beltline Road and S. MacArthur Boulevard, subject to the following conditions: 1) Waive the planting island requirement at the north end of the 9 parking spaces closest to the eastern elevation of the McDonald's building and list it as a condition of the planned development; 2) Approval of the sample of the color board showing all exterior building materials; 3) Roadway impact fees will be required for the additional McDonald's building space; and 4) No TXU facilities shall be included in the enclosure. Councilmember Garcia seconded the motion; the motion carried 6-1 with Mayor Pro Tem Tunnell and Councilmembers Garcia, Peters, Keenan, Stover and York voting in favor of the motion and Councilmember Wheeler voting against the motion. 16. PUBLIC HEARING: Consider approval of Case No. PD-145R2, Woodridge Section Five, zoning change request for property zoned PD-145 (Planned Development, Single Family) by amending the planned development conditions as they apply to Lot 44, Block A to permit the construction of a carport located at 130 Pinyon 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. Patricia VanDeusen, Applicant, stated she was present for any questions of Council. Mayor Pro Tem Tunnell inquired CM 110999 Page 8 of 14 regarding the brick veneer. Councilmember Keenan moved to close the Public Hearing and approve Case No. PD-145R2, Woodridge Section Five, zoning change request for property zoned PD-145 (Planned Development, Single Family) by amending the planned development conditions as they apply to Lot 44, Block A to permit the construction of a carport located at 130 Pinyon Lane; subject to the following conditions: 1) Submittal and approval of a color board showing all exterior building materials of the carport; 2) The roof pitch and roofing materials shall match the existing residence; 3) Doors, siding, trim and paint used on this structure shall match the existing residence; 4) Engineered foundation plans will be required as part of the building permit submittal; and 5) Existing utility easements are to remain free and clear of any and all obstructions. Councilmember Wheeler seconded the motion; the motion carried 6-1 with Mayor Pro Tem Tunnell and Councilmembers Garcia, Peters, Keenan, Stover and Wheeler voting in favor of the motion and Councilmember York voting against the motion. 17. PUBLIC HEARING: Consider approval of Case No. PD-159R, Asbury Manor, zoning change request for property zoned PD-1Sg-SF-7 (Planned Development, Single Family-V} by amending the planned development conditions as they apply to Lot 1, Block 3, to permit a reduction in the side fence setback line from 15 feet to the street right-of-way for property located at 515 Westminster Way. Mayor Sheehan indicated she would like for Council to consider Items 17 and 18 together since they both covered the same issues. Councilmember Peters moved to open the Public Hearings on Items 17 and 18. Councilmember Stover seconded the motion; the motion carried 6-1 with Mayor Pro Tem Tunnell and Councilmembers Garcia, Peters, Stover, Wheeler and York voting in favor of the motion and Councilmember Keenan voting against the motion. City Attorney CMl 10999 Page 9 of 14 Robert Hager indicated that when deliberations were over on these items, Council would need to make a separate motion for each item. Gary Sieb, Director of Planning and Community Services, made a presentation on Items 17 and 18 indicating that a 3/4 vote would be required for Council to approve these items. Mayor Sheehan advised that the Applicant for each item had signed up to speak.. Karen Farnum, 515 Westminster, made a presentation regarding Item 17. Mayor Pro Tem Tunnell stated the setbacks on corner lots were there for a reason whether it be for safety or aesthetics. Councilmember Wheeler complimented Mrs. Farnum on her presentation and preparation. Councilmember Peters expressed her concerns regarding the safety issue. Mayor Sheehan invited the Applicant for Item 18 to address the Council. Sanjay Joshi, 516 Cromwell Court, made a presentation regarding Item 18. Mayor Sheehan stated each situation involving fence variances was different and should be considered each on its own merit. Councilmember Wheeler asked if the resident could plant vegetation one foot from the sidewalk. Mr. Sieb stated they could, but would still have to comply with sight visibility requirements. Mayor Pro Tem Tunnell stated she did not consider the fence aesthetically pleasing right at the patio but neither did she consider it to be aesthetically pleasing at the sidewalk. Councilmember Stover indicated his support of this item and asked the City Engineer if a hazard would be created by moving the fence closer to the sidewalk. Councilmember Keenan indicated his support of this item. Councilmember Garcia stated he would support this item. Councilmember Wheeler moved to close the Public Hearing on Item 17 and approve Case No. PD-159R, Asbury Manor, zoning change request for property zoned PD-159-SF-7 (Planned Development, Single Family-7) by amending the planned development conditions as they apply to Lot 1, Block 3, to permit a reduction in the side fence setback line from 15 feet to the street right-of-way for property located at 515 Westminster Way. Councilmember Keenan seconded the motion; the motion failed 5-2 with Councilmembers Garcia, Keenan, Stover, Wheeler and York voting in favor of the motion and Mayor Pro Tern Tunnell and Councilmember Peters voting against the motion. Councilmember Keenan moved to reconsider Item 17. Councilmember Wheeler 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. Councilmember Keenan moved to close the Public Hearing on Item 17 and approve Case No. PD-159R, Asbury Manor, zoning change request for property zoned PD-159-SF-7 (Planned Development, Single Family-7) by amending the planned development conditions as they apply to Lot 1, Block 3, to permit a reduction in the side fence setback line from 15 feet to 5 feet from the street CM 110999 Page 10 of 14 fight-of-way for property located at 515 Westminster Way. Councilmember Wheeler seconded the motion; the motion failed 5-2 with Councilmembers Garcia, Keenan, Stover, Wheeler and York voting in favor of the motion and Mayor Pro Tern Tunnell and Councilmember Peters voting against the motion. Councilmember Keenan moved to reconsider Item 17. Councilmember York seconded the motion; the motion carried 6-1 with Mayor Pro Tern Tunnell and Councilmembers Garcia, Keenan, Stover, Wheeler and York voting in favor of the motion and Councilmember Peters voting against the motion. Mayor Pro Tern Tunnell asked about various sideyard setbacks. Councilmember Peters stated her concern with this was the matter of setting a precedent. Councilmember Stover stated precedent had never been a concern of his and that each case should be looked at separately. Councilmember Keenan moved to close the Public Hearing on Item 17 and approve Case No. PD-159R, Asbury Manor, zoning change request for property zoned PD-159-SF- 7 (Planned Development, Single Family-7) by amending the planned development conditions as they apply to Lot 1, Block 3, to permit a reduction in the side fence setback line from 15 feet to 10 feet from the street fight-of-way for property located at 515 Westminster Way. Councilmember Wheeler seconded the motion; the motion failed 5-2 with Councilmembers Garcia, Keenan, Stover, Wheeler and York voting in favor of the motion and Mayor Pro Tern Tunnell and Councilmember Peters voting against the motion. 18. PUBLIC HEARING: Consider approval of Case No. PD-159R2, Asbury Manor, zoning change request for property zoned PD-159-SF-7 (Planned Development, Single Family-71 by amending the planned development conditions as they apply to Lot 5, Block 3, to permit a reduction in the side fence setback line from 15 feet to the street right-of-way for property located at 516 Cromwell Court. The discussions and presentation for this item were presented during the consideration of Item 17. Please see Item 17. Councilmember Stover moved to approve Case No. PD-159R2, Asbury Manor, zoning change request for property zoned PD- 159-SF-7 (Planned Development, Single Family-7} by amending the planned development conditions as they apply to Lot 5, Block 3, to permit a reduction in the side fence setback line from 15 feet to 10 feet from the street fight-of-way for property located at 516 Cromwell Court. Councilmember York seconded the motion; the motion failed 5-2 with Councilmembers Garcia, Keenan, Stover, Wheeler and York voting in CMl 10999 Page 11 of 14 favor of the motion and Mayor Pro Tem Tunnell and Councilmember Peters - voting against the motion. 19. Consider approval of a resolution casting one vote for the fourth member of the Board of Directors of the Dallas Central Appraisal District, and authorizing the Mayor to sign. Mayor Pro Tem Tunnell moved to approve Resolution No. 110999.1 casting the City of Coppell's vote for Dr. Ralph Poteet to be a member of the Board of Directors of the Dallas Central Appraisal District, and authorizing the Mayor to sign. 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. 20. Necessary action resulting from Work Session. There was no action necessary under this item. 21. City Manager's Report. A. City Manager Jim Witt discussed the Denton Creek Study and stated it would be brought to Council the first of the year. B. City Manager Jim Witt updated Council on the Freeport exemption status and the school district. C. City Manager Jim Witt reported the Joint Use Agreement with CISD was still in review. D. City Manager Jim Witt stated the Old Coppell Association was planning to have an Old Coppell Days on December 4th and part of the activities would take place on the properly behind Coppell Deli. E. City Manager Jim Witt discussed the Mayor of Brooklyn, Ohio who was defeated after serving 52 years. 22. Mayor's Report. A. Mayor Sheehan advised that the Coppell High School Marching Band had been honored by the city for winning the state championship. CM 110999 Page 12 of 14 B. Mayor Sheehan announced the Coppell High School Football Team would be going to the playoffs. C. Mayor Sheehan stated various celebrations would take place throughout the city on November 11th for Veteran's Day. D. Mayor Sheehan reported the Chamber luncheon on the 17th would be honoring veterans. E. Mayor Sheehan announced that November 22nd from 5:00 to 10:00 p.m. Town Center would be decorated for Christmas and invited anyone who would like to help. F. Mayor Sheehan advised that December 4th would be Old Coppell Days and the Christmas Parade. G. Mayor Sheehan stated the joint meeting with the Telecommunications Board would be delayed until January. H. Councilmember York discussed the Coppell High School Football Teams, asked everyone to wear red in support of the team on Friday and stated the booster team had requested a police escort on Friday. I. Councilmember York stated a nice luncheon had been provided by Dickey's Barbecue at their groundbreaking and welcomed them to the city. J. Councilmember Stover announced the Police Academy graduation would be held November 11th. K. Councilmember Stover congratulated the high school band, football team and the volleyball team. L. Councilmember Stover discussed the Coppell Youth Forum. M. Councilmember Garcia congratulated all the athletic teams, parents of the team members and departments. N. Councilmember Garcia reported he had attended the Dallas Olympic 2012 meeting and stated the field had been narrowed down to Dallas, Washington, D.C. and Chicago. O. Councilmember Keenan advised the new elementary school for the Carrollton/Farmers Branch School District would be named Riverchase Elementary School. CMl10999 Page 13 of 14 P. Councilmember Keenan announced that November lOth would be the 224th birthday of the United States Marine Corps. Q. Mayor Pro Tem Tunnell congratulated Commissioner Jim Jackson on 25 years of service. 23. Necessary Action Resulting from Executive Session. There was no action under this item. There being no further business to come before the City Council, the meeting was adjourned. Candy Sheehan, Mayor ATTEST: Libby Ball, City Secretary CMl10999 Page 14 of 14