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CM 2000-01-11 MINUTES OF JANUARY 11, 2000 -- The City Council of the City of Coppell met in Regular Called Session on Tuesday, January 11, 2000, 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 Also present were City Manager Jim Witt, 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, Tens Government Code - Consultation with City Attorney. 1. Possible Legal Action Regarding Cerulean Corporation. 2. Status Report and Settlement Discussion regarding City of Coppell vs. Callejo Eminent Domain Proceeding. Councilmember Stover arrived during Executive Session. 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 6:28 p.m. and opened the Work Session. CM01112000 Page 1 of 14 WORK SESSION (Open to the Public} 3. Convene Work Session A. Discunion regarding City Logo. B. Discussion regarding Joint Use Agreements. C. Discussion regarding Beltline Road Concerns. D. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Invocation. Councilmember Keenan led those present in the Invocation. 5. Pledge of Allegiance. Mayor Sheehan led those present in the Hedge of Allegiance. 6. Quarterly presentation to Council by the Parks and Recreation Board. Diana Raines, Chair of the Parks and Recreation Board, made the board's quarterly presentation to the Council and indicated the Board planned to focus on reviewing the City ordinances relating to animals in parks, vehicle maintenance in parks, concerts in parks, use of metal detectors in parks, user groups and fees, posting of signs and athletic field lighting. An annual update of the 5-Year Parks and Open Space Master Plan will be done and will include the park bond projects and renovations and improvements. The background checks for coaches will be finalized for the Fall of 2000 and the by-laws of the Parks and Recreation Board and Tree Board and Sports Council will be reviewed. A study will be done concerning the acquisition or lease of Northlake Park. A web page is being considered for Parks and Recreation activities. Irrigation issues will be reviewed as well as the possibility of a Friends of the Park organization. The Board is planning to make a recommendation to Council for a tennis complex and all city playgrounds are being reviewed to bring them up to standards. Council concerns regarding lightening detectors, playgrounds, and the web page were discussed. CM01112000 Page 2 of 14 7. Citizen's Appearances. Manji Lobrecht, 2801 Denton Tap Road, Apt. 413, Lewisville, addressed Council concerning drug abuse and drugs in food. CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: December 14, 1999. B. Consider approval of an ordinance mending Article 8-3 Parking, Section 8-3-1(A) of the Code of Ordinances for the City of Coppell to prohibit parking on both sides of Town Center BIrd. south from Town Center Drive to the southern end of Town Center BIrd.; and authorizing the Mayor to sign. C. Consider awarding a contract to Shimek, Jacobs and Finklea in the amount of $20,800.00 for design services, quality control services and inspection services associated with the repainting of the 1.5 million gallon elevated storage tank on Southwestern Blvd. as budgeted; and authorizing the Mayor to sign. D. Consider approval of a variance with stipulations for an Interim Permit, upon concurrence of City Engineer, to Floodplain Management Ordinance No. 94-639, Article 4, Section B, Item 11(a), which states that the Floodplain Administrator must "assure that conditional approvals are received from Federal Emergency Management Agency before a Floodplain Development Permit is issued" for the proposed Coppell High School parking lot. E. Consider approval of awarding Bid # Q-0999-01 for the purchase of various types of sign materials to Road Runner Traffic Corp., American Traffic Safety Materials, Hall Signs, Inc., Nippon Carbine Ind. Inc., Fender Enterprises and Centerline Supply Inc. as budgeted. Councilmember Stover inquired as to whether any action had been taken in expressing to the City of Lewisville the desire to not have the speed limit raised CM01112000 Page 3 of 14 on S.H. 121 in front of Coppell Middle School North and Denton Creek --, Elementary School. City Manager Jim Witt stated that TexDOT has stated if the City of Lewisville does not take action to raise the speed limit, then TexDOT would raise it. Ken Griffin, Director of Engineering and Public Works, stated a letter was being prepared to forward to the City of Lewisville. Councilmember Stover asked to have that letter forwarded to TexDOT also. Councilmember Stover asked for more details regarding the Shimek, Jacobs and Finklea contract having to do with inspections, frequency of painting and risks of delay. Mr. Griffin stated the underground tanks were dived every year, frequency of painting was not mandated but the City was responsible for all surfaces being protected and there are some areas that need to be addressed because of rust and sediment. Mayor Pro Tem Tunnell moved to approve Consent Agenda Items A, B carrying Ordinance No. 2000-903, C, D and E. 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. 9. Consider approval of authorizing a new position of Library System and Electronic Systems Administrator. City Manager Jim Witt made a presentation to the Council. Councilmember __ York moved to authorize a new position of Library System and Electronic Systems Administrator. 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. 10. PUBLIC HEARING: Consider approval of Case No. PD-181, Bethel Road Estates, zoning change request from C (Commercial) to PD-SF-12 (Planned Development, Single Family-12), to allow the development of 2 residential lots on 3.2 acres of property located along the north side of W. Bethel Road, approximately 700' east of Hearthstone Lane. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Sheehan opened the Public Hearing and advised no one had signed up to speak. Terry Holmes, 510 Country Lake, Applicant, made a presentation regarding the floodplain. Council discussed the erosion issue; driveways; retaining walls; and drainage. Councilmember York moved to close the Public Hearing and approve Case No. PD-18 1, Bethel Road Estates, zoning change request from C (Commercial) to PD-SF-12 (Planned Development, -- Single Family-12), to allow the development of 2 residential lots on 3.2 acres of CM01112000 Page 4 of 14 -- property located along the north side of W. Bethel Road, approximately 700' east of Hearthstone Lane, subject to the following conditions: 1) There will be two driveways (one per lot) and a circulation plan that allows all vehicular maneuvering on the lots and not on Bethel Road (read: no backing into Bethel Road); 2) Complete tree survey acceptable to Leisure Services; 3} Park development fees of 81,285 per dwelling unit are required; 4) No development is allowed in the 100-year floodplain; 5) Minimum finished floor will be one foot above the ultimate flood elevation; 6) The final grades for the driveway and screening fence will need to be coordinated with the Engineering Department to minimize future conflict with Bethel Road; 7) The City of Coppell will have no responsibility for maintenance for the floodway or floodplain areas as shown. The maintenance for these areas shall be the sole responsibility of the individual lot owners adjacent to said areas. These areas 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 along with any other structures as per the City's floodplain ordinance; 8) All exhibits shall reflect zoning to be PD-SF-12. Mayor Pro Tem Tunnell seconded the motion; the motion carried 6-1 with Mayor Pro Tem Tunnell and Councilmembers Garcia, Peters, Keenan, Wheeler and York voting in favor of the motion and Councilmember Stover voting against the motion. 11. Consider approval of the Bethel Road Estates, Lots 1 and 2, Block 1, Minor Plat, to allow the development of 2 residential lots on 3.2 acres of property located along the north side of W. __ Bethel Road, approximately 700' east of Hearthstone Lane. CM01112000 Page 5 of 14 Gary Sieb, Director of Planning and Community Services, made a presentation "- to the Council. Councilmember Stover advised he would not support any item that left the erosion to chance. Councilmember York moved to approve Bethel Road Estates, Lots I and 2, Block 1, Minor Plat, to allow the development of 2 residential lots on 3.2 acres of property located along the north side of W. Bethel Road, approximately 700' east of Hearthstone Lane, subject to the following conditions: 1 ) Complete tree survey acceptable to Leisure Services Department; 2) Park Development fees of $1,285 per dwelling unit are required; 3) No development in 100-year floodplain; 4) The City of Coppell will have no responsibility for maintenance for the floodway or floodplain areas as shown. The maintenance for these areas shall be the sole responsibility of the individual lot owners adjacent to said areas. These areas 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 along with any other structures as per the City's floodplain ordinance; and 5) All exhibits shall reflect zoning to be PD-SF-12. Councilmember Wheeler seconded the motion; the motion carried 6-1 with Mayor Pro Tern Tunnell and Councilmembers Garcia, Peters, Keenan, Wheeler and York voting in favor of the motion and Councilmember Stover voting against the motion. 12. PUBLIC HEARING: Consider approval of Case No. S-1077R2, Sonic Restaurant, zoning change from C and C-S.U.P. (Commercial and Commercial, Special Use Permit) to C-S.U.P. (Commercial, Special Use Permit|, to incorporate 882 square feet of land to an existing .78-acre site and allow a reduction in new parking spaces from 13 to 12 and a modification to both the size and sign face of the monument sign located at 201 N. Denton Tap Road. -- CM01112000 Page 6 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 on this item. Councilmember Wheeler moved to close the Public Hearing and approve Case No. 8-1077R2, Sonic Restaurant, zoning change from C and C-S.U.P. (Commercial and Commercial, Special Use Permit) to C-S.U.P. (Commercial, Special Use Permit), to incorporate 882 square feet of land to an existing .78-acre site and allow a reduction in new parking spaces from 13 to 12 and a modification to both the size and sign face of the monument sign located at 201 N. Denton Tap Road subject to the following condition: 1) Approval of the color board, as submitted, showing all exterior building materials which match the existing structure. Mayor Pro Tem Tunnell 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. 13. PUBLIC HEARING: Consider approval of the Sonic Addition, Replat of Lot 1R, Block A, and Minor Plat, to incorporated approximately 882 square feet of land to an existing .78-acre site and allow a reduction in new parking spaces from 13 to 12 and a modification to both the size and sign face of the monument sign located at 201 N. Denton Tap Road. 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 on this item. Mayor Pro Tem Tunnell moved to close the Public Hearing and approve Sonic Addition, Replat of Lot 1 R, Block A, and Minor Plat, to incorporated approximately 882 square feet of land to an existing .78-acre site and allow a reduction in new parking spaces from 13 to 12 and a modification to both the size and sign face of the monument sign located at 201 N. Denton Tap Road. Councilmember Garcia 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 Cue No. PD-182, The Townhouses of Coppeil, zoning change request from MF-2 (Multi-Family-2) to CM01112000 Page 7 of 14 PD-TH-2- (Townhouse-2), to allow the development of 92 townhouse units on approximately 10 acres of property located along the east side of S. MacArthur Boulevard, approximately, 1,700' south of E. Sandy Lake Road, 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 on this item. Craig Lemp, Applicant, addressed the Council concerning the sidewalk and rolled curb and indicated they wanted the sidewalk on the curb and that Engineering did not want that. The Applicant indicated they agreed to place the sidewalk one foot off the property line. Council had questions concerning the left-turn lanes off MacArthur, the sidewalk, and hike and bike trails. Councilmember Garcia moved to close the Public Hearing and approve Case No. PD-182, The Townhouses of Coppell, zoning change request from MF-2 (Multi-Family-2) to PD-TH-2 (Townhouse-2), to allow the development of 92 townhouse units on approximately 10 acres of property located along the east side of S. MacArthur Boulevard, approximately, 1,700' south of E. Sandy Lake Road, subject to the following conditions: 1) Park development fees of $1,285 per dwelling unit are required; 2) All Fire Department concerns will meet City requirements; and 3) Tree reparation will be as submitted and approved by the Leisure Services Department. 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. Consider approval of Case No. PD-182, The Townhouses of Coppell, zoning change request from MF-2 (Multi-Family-2) to PD-TH-2 (Townhouse-2), to allow the development of 92 townhouse units on approximately 10 acres of property located along the east side of S. MacArthur Boulevard, approximately, 1,700' south of Z. Sandy Lake Road. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Councilmember Stover voiced his concerns about the curb break at Independence. Ken Griffin, Director of Engineering and Public Works, addressed the traffic concerns. Mayor Pro Tem Tunnell moved to approve Case CM01112000 Page 8 of 14 No. PD-182, The Townhouses of Coppell, zoning change request from MF-2 (Multi-Family-2) to PD-TH-2 (Townhouse-2), to allow the development of 92 townhouse units on approximately 10 acres of property located along the east side of S. MacArthur Boulevard, approximately, 1,700' south of E. Sandy Lake Road, subject to the following conditions: 1) Park development fees of $1,285 per dwelling unit are required; 2)All Fire Department concerns will meet City requirements; and 3) Tree reparation will be as submitted and approved by the Leisure Services Department. Councilmember Garcia 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. 16. Consider providing that the Planning and Zoning Commission be the authority responsible for the approval of the Final Plat of The Townhouses of Coppell to allow the development of 92 -- townhouse units on approximately 10 acres of property located along the east side of S. MacArthur Boulevard, approximately, 1,700' south of E. Sandy Lake Road. Councilmember Peters moved to provide that the Planning and Zoning Commission be the authority responsible for the approval of the Final Plat of The Townhouses of Coppell to allow the development of 92 townhouse units on approximately 10 acres of property located along the east side of S. MacArthur Boulevard, approximately, 1,700' south of E. Sandy Lake Road. Councilmember Garcia seconded the motion; the motion failed 5-2 with Councilmembers Garcia, Peters, Keenan, Stover and York voting in favor of the motion and Mayor Pro Tem Tunnell and Councilmember Wheeler voting against the motion. 17. PUBLIC HEARING: Consider approval of Cue No. S-1171, Coppell Beauty Shop, zoning change request from HO-R (Historic Overlay, Retail) to HO-R-S.U.P (Historic Overlay, Retail-Special Use Permit), to allow the operation of a beauty shop in a wooden residential CM01112000 Page 9 of 14 structure on commercial property and on-site asphalt paving at 456 Z. Bethel Road. -- 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 on this item. Councilmember York moved to close the Public Hearing and approve Case No. S-117 1, Coppell Beauty Shop, zoning change request from HO-R {Historic Overiay, Retail) to HO-R-S.U.P (Historic Overlay, Retail-Special Use Permit), to allow the operation of a beauty shop in a wooden residential structure on commercial property and on-site asphalt paving at 456 E. Bethel Road. subject to the following condition: 1) Submit an irrigation plan that is signed and sealed by a licensed irrigator. Councilmember Keenan 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. 18. Consider approval of the Freeport North, Lot 2, Block A, Freeport Building VII Site Plan, to allow the development of a 386, 150 square foot office/warehouse facility on -- approximately 18.1 acres of property located along the west side of S. Royal Lane. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Councilmember York moved to approve the Freeport North, Lot 2, Block A, Freeport Building VII Site Plan, to allow the development of a 386,150 square foot office/warehouse facility on approximately 18.1 acres of property located along the west side of S. Royal Lane, subject to the following conditions: 1) The construction of Creek View Drive across the western property line will need to be coordinated with the Engineering Department; 2) A living screen in lieu of a 6'-high masonry screening wall for loading areas facing the future Creek View Drive; 3) A 50% landscaping credit will be applied, bringing the total reparation due equaling 142 inches of trees; and 4) Approval of the color board specifying all exterior building materials. CM01112000 Page 10 of 14 Councilmember Wheeler 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. A short recess was taken at this time. 19. Consider approval of the Freeport North, Lot 3, Block A, Freeport Buffcling VI Site Plan, to allow the development of a 227,280 square foot office/warehouse facility on approximately 12.1 acres of property located at the southwest comer of S. Royal Lane and Creek View Drive. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Councilmember Keenan moved to approve the Freeport North, Lot 3, Block A, Freeport Building VI Site Plan, to allow the development of a 227,280 square foot office/warehouse facility on approximately 12.1 acres of property located at the southwest corner of S. Royal Lane and Creek View Drive, subject to the following conditions: 1) A living screen in lieu of a 6'-high masonry screening wall for loading areas facing the future Creek View Drive; 2) The construction of Creek View Drive across the western property line will need to be coordinated with the Engineering Department; 3) A 50% landscape credit will be applied, bringing the total reparation due equaling 2 15 inches of trees; and 4) Approval of the color board specifying all exterior building materials. 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. 20. PUBLIC HEARING: Consider approval of the Freeport North, Lot 3, Block A, Freeport Building VI Site Plan, to allow the development of a 227,280 square foot office/warehouse facility on CM01112000 Page 11 of 14 approximately 12.1 acres of property located at the southwest -- comer of S. Royal Lane and Creek View Drive. 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 on this item. Councilmember Peters moved to close the Public Hearing and approve the Freeport North, Lot 3, Block A, Freeport Building VI Site Plan, to allow the development of a 227,280 square foot office/warehouse facility on approximately 12.1 acres of property located at the southwest comer of S. Royal Lane and Creek View Drive, subject to the following condition: 1) An off-site right-of-way dedication of Creek View Drive be recorded and provided to the City prior to the Replat being recorded with Dallas County. Councilmember Keenan 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. 21. Consider approval of an interlocal agreement for State Highway 121 between The City of Coppeal and Denton County; and authorizing the Mayor to sign. Mayor Sheehan made a presentation to the Council. City Manager Jim Witt made a presentation to the Council. Ken Griffin, Director of Engineering and Public Works, made a presentation to the Council. John Polster, Consultant, made a presentation to the Council. After discussion, Councilmember York moved to approve interlocal agreement for State Highway 12 1 between The City of Coppell and Denton County; and authorizing the Mayor to sign. Councilmember Keenan 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. 22. Necessary action resulting from Work Session. There was no action necessary under this item. 23. City Manager's Report. A. Joint Use with CISD. B. Y2K Report. -- CM01112000 Page 12 of 14 A. City Manager Jim Witt stated the City was pursuing the final steps on a Joint Use Agreement with the Coppell Independent School District on recreational facilities as they relate to Wagon Wheel Park and interscholastic sites within the City. Councilmember York asked about possible joint use regarding Riverchase Elementary School in the Carrollton/Farmers Branch School District. B. City Manager Jim Witt reported that New Year's Eve was a boring evening relative to Y2K. 24. Mayor and Council Reports. A. Leadership Coppell. B. Coppen Youth Leadership. C. Special called City Council meeting. D. Cottonbelt Corridor for DART Rail - report from public forum. E. Denton County Substance Abuse. F. Fence Variance Issues by Councfimember Keenan. G. Long Range Planning/5-yr Plan by Councilmember Keenan. A. Mayor Sheehan stated that Leadership Coppell would begin a new session on Wednesday, January 5th. B. Mayor Sheehan advised Coppell Youth Leadership had held a session and a power lunch with the seniors on Monday, January 10m. C. Mayor Sheehan announced that a Special City Council Work Session would be held with the Telecommunications Board on Tuesday, January 18th. D. Mayor Sheehan reported that a Public Forum was held by COG regarding the Cottonbelt Corridor. E. Mayor Sheehan advised that she and Lori Walker were now official members of the Board of the Denton County Substance Abuse Commission. F. Councilmember Keenan asked for clarification regarding the fence variances. Gary Sieb, Director of Planning and Community Services, updated the Council on the fence issues. CM01112000 Page 13 of 14 G. Councilmember Keenan inquired as to the status of the long range plan. Deputy City Manager Clay Phillips advised a presentation was proposed for the February 22nd City Council meeting. 25. Necessary Action Resulting from Executive Session. Mayor Pro Tem Tunnell moved to authorize the City Attorney to pursue appropriate legal remedies against Cerulean Inc. regarding the MDC/RMS Contract with the City of Coppell. 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. Mayor Pro Tem Tunnell moved to approve a settlement with William J. Callejo, Trustee, for acquisition of right-of-way, construction, drainage and slope easement on property adjacent to the west side of Coppell Road north from its intersection with Sandy Lake to north of its intersection of Parkway Boulevard in the amount of $100,000 and development credits. 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. There being no further business to come before the City Council, the meeting was adjourned. Candy Sheehan, Mayor ATTEST: Libby Ball, City Secretary CMO 1112000 Page 14 of 14