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CM 2000-06-13MINUTES OF JUNE 13, 2000 The City Council of the City of Coppell met in Regular Called Session on Tuesday, June 13, 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 Larry Wheeler, Mayor Pro Tem Greg Garcia, Councilmember Jayne Peters, Councilmember Pat Keenan, Councilmember Marsha Tunnell, Councilmember Doug Stover, Councilmember (late arrival) Bill York, Councilmember Also present were City Manager Jim Witt, Deputy City Secretary Kathy Wilkerson 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) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney: 1. Update on Cerulean. Mayor Sheehan convened into Executive Session at 6:16 p.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive Session at 6:18 p.m. and opened the Work Session. WORK SESSION (Open to the Public) Convene Work Session A. Review City Called Rezoning Cases. CM06132000 Page 1 of 16 Discuss Appointment to Library Board. Board and Commission Attendance Procedures. Discussion of Agenda Items. Councilmember Stover arrived at the beginning of the Work Session. REGULAR SESSION (Open to the Public) 4. Invocation. Pastor Rod Collver, First Assembly of God Church, led those present in the Invocation. 5. Pledge of Allegiance. Mayor Sheehan led those present in the Pledge of Allegiance. 6. Citizen's Appearances. There was no one signed up to speak under this item. CONSENT AGENDA 7. Consider approval of the following consent agenda items: A. Consider approval of minutes: May 23, 2000 Land Use and Development Consider approval of an Ordinance for Case No. PD-184, St. Andrews Manor, zoning change request from A (Agriculture) to PD-SF-ED (Planned Development, Single Family-Estate District), to allow the development of a single family home on approximately 5.1 acres on property located along the north side of DeForest Road, approximately 200 feet west of Stratford Lane; and authorizing the Mayor to sign. Consider approval of an Ordinance for Case No. S-1175 Siena Pasta & Pizza, zoning change from R (Retail) to R- S.U.P (Retail, Special Use Permit), to allow operation of a 3,000 square foot restaurant with Private Club to permit CM06132000 Page 2 of 16 the sales of alcoholic beverages (beer and wine only) located at 780 S. MacArthur Boulevard, in the Riverchase Plaza; and authorizing the Mayor to sign. Consider approval of an Ordinance for Case No. PD-98R, Village at Cottonwood Creek, Section. 1, zoning change request for property zoned PD-98 (Planned Development- 98, Single Family-9), amending the planned development conditions to allow for the reduction of the 8' side yard setback to 5' and to permit the construction of a garage and a family room on approximately 0.8 acres of land located at 226 Winding Hollow Lane; and authorizing the Mayor to sign. Consider approval of an Ordinance for Case No. ZC-600, Boren Addition, zoning change request from MF-2 (Multi- family-2) to SF-12 (Single Family-12), to allow an existing single family home on approximately 10.4 acres of property located at the northeast corner of Warren Crossing and Beverly Drive; and authorizing the Mayor to sign. Consider approval of an Ordinance for Case No. ZC-602, Beck Estates, zoning change request from A (Agriculture) to SF-12 (Single Family-12) to allow the development of a single-family residence on approximately one acre of property located at 824 DeForest Road; and authorizing the Mayor to sign. Consider approval of an Ordinance for Case No. S-1171R, Coppell Home D~cor, zoning change request for property zoned HO-R-S.U.P (Historic Overlay Retail, Special Use Permit), by amending the use and the sign permitted in S- 1171 from a beauty shop to a general retail store on approximately 0.16 acres of property located at 456 Bethel Road, east of Coppell Road; and authorizing the Mayor to sign. Consider approval of an ordinance amending Section 8-1- 3 of the Code of Ordinances of the City of Coppell establishing 40 miles per hour as the maximum prima CM06132000 Page 3 of 16 facie speed limit on Wrangler Drive from Belt Line Road to Freeport Parkway; and authorizing the Mayor to sign. Consider approval of a License Agreement with Dallas Area Rapid Transit System (DART) for the purpose of obtaining necessary slope easements and right-of-way for the construction of portions of the Belt Line Road project #ST 93-04 from Denton Tap Road to MacArthur Blvd.; and authorizing the City Manager to sign. Consider approval of a contract with Turner, Collie ts Braden, Inc. to perform an updated study associated with improvements to the Deforest Road Lift Station and force main in the amount of $56,426.00 as funded in the Series 1999 Water and Sewer Revenue Bonds; and authorizing the City Manager to sign. Issues Discussed: The following corrections need to be made to the minutes of the May 23, 2000 minutes. 1) Item 12 under action Councilmember is misspelled. 2) Item 14 under presentation remove Pepsi Cola after Craig Noonan's name. 3) Item 21G add at Coppell High School at the end of the sentence. 4) Item 21L add Coppell before High School. Action: Councilmember Tunnell moved to approve Consent Agenda Items A, with corrections, B carrying Ordinance No. 91500-A-247, C carrying Ordinance No. 91500-A-248, D carrying Ordinance No. 91500-A-249, E carrying Ordinance No. 9 1500-A-250, F carrying Ordinance No. 9 1500- A-251, G carrying Ordinance No. 91500-A-252, H carrying Ordinance No. 2000-912, I and J. Mayor Pro Tem Wheeler seconded the motion; the motion carried 7-0 with Councilmembers Garcia, Peters, Keenan, Tunnell, Stover and York voting in favor of the motion. Consider approval of an Ordinance for Case No. ZC-601, Stuart O'Neal Office Building, zoning change request from SF-12 (Single Family-12) to C (Commercial), to allow the development of a 4,342 square foot office building on a .5 acre tract of property located along the north side of W. Sandy Lake Road, approximately 1,100' west of N. Denton Tap Road; and authorizing the Mayor to sign. CM06132000 Page 4 of 16 Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Action: Councilmember Tunnell moved to approve Ordinance No. 91500-A-253 for Case No. ZC-601, Stuart O'Neal Office Building, zoning change request from SF-12 (Single Family-12) to C (Commercial), to allow the development of a 4,342 square foot office building on a .5 acre tract of property located along the north side of W. Sandy Lake Road, approximately 1,100' west of N. Denton Tap Road; and authorizing the Mayor to sign. Councilmember York seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Keenan, Tunnell, Stover and York voting in favor of the motion. Consider approval of the Town Center West, Lots I and 2, Block A, Final Plat, to allow the construction of retail and day care uses on 4.49 acres of property located at the southwest corner of Denton Tap Road and West Town Center Drive. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Action: Councilmember York moved to approve the Town Center West, Lots 1 and 2, Block A, Final Plat, to allow the construction of retail and day care uses on 4.49 acres of property located at the southwest corner of Denton Tap Road and West Town Center Drive with the following conditions: 1) Utility easements being approved by TXU; 2) Submittal of a Tree Removal Permit prior to removing any trees on site, along with a Determination of Tree Retribution for any tree removal; and 3) Contact the Parks Department at (972) 304-3565 prior to disturbing any median or R-O-W for location of possible irrigation piping and wiring which may exist. CM06132000 Page 5 of 16 It will be the responsibility of the developer to repair any improvements damaged by work in the area. Councilmember Peters seconded the motion; the motion carried 6-1 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Keenan, Tunnell, and York voting in favor of the motion and Councilmember Stover voting against the motion. 10. PUBLIC HEARING: Consider approval of Case No. ZC-605(CH), zoning change request from A (Agriculture) and R (Retail) to SF-12 (Single Family-12) on approximately 24.7 acres of property located along the north side of DeForest Road, east of MacArthur Boulevard. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Public Hearing: Mayor Sheehan opened the Public Hearing and called for those wishing to speak in favor of this proposal. Joan Malone, 621 Deforest Road, Coppell, spoke in favor of this proposal. The Mayor then called for those wishing to speak against the proposal. Art Anderson, 1201 Elm, Suite 5400, Dallas; Bill Anderson, 327 Tanglewood Lane, Coppell; Glen Hinckley, 12201 Merit #170, Dallas; Brenda McDonald, 744 Sparrow Lane, Coppell; and Helen Eve Liebman, 854 Cheshire, Coppell, spoke against the proposal. Bob Delsanter, 2704 Anders Lane, Coppell spoke neither for or against Item 10. Councilmembers Tunnell and Stover called for an Executive Session. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney: Mayor Sheehan convened into Executive Session at 8:11 p.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive Session at 8:32 p.m. and reopened the Regular Session, continuing with Item 10. CM06132000 Page 6 of 16 REGULAR SESSION (Continuing with Item 10) (Open to the Public) Issues Discussed: There were questions regarding the tax implications that the rezoning would have on the properties, the City's Comprehensive Plan and the contract's from 1982 and 1987 between the City and Mr. Hinkley's representatives. Action: Councilmember York moved to close the Public Hearing and approve Case No. ZC-605 (CH), zoning change request from A (Agriculture) and R (Retail) to SF-12 (Single Family-12) on approximately 24.7 acres of property located along the north side of DeForest Road, east of MacArthur Boulevard. Mayor Pro Tem Wheeler seconded the motion. Councilmember Keenan moved to postpone this item until the July 11th meeting. Councilmember Peters seconded the motion; the motion failed 2-5 with Councilmembers Peters and Keenan voting in favor of postponing the vote until the July 11th meeting and Mayor Pro Tem Wheeler and Councilmembers Garcia, Tunnell, Stover and York voting against postponing the vote until the July 11th meeting. The original motion is back on the table and a vote was then taken on that motion. The motion carried 6-1 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Keenan, Tunnell and York voting in favor of the motion and Councilmember Stover voting against the motion. 11. PUBLIC HEARING: Consider approval of Case No. ZC-606 (CH), zoning change from A (Agriculture) to SF-12 (Single Family-12) on approximately 15.75 acres of property located along the north side of DeForest Road, east and west of The Estates of Cambridge Manor. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. CM06132000 Page 7 of 16 Public Hearing: Mayor Sheehan opened the Public Hearing and called for those wishing to speak on this item. Brenda McDonald, 270 N. Denton Tap Road, Suite 100, Coppell and Helen Eve Liebman, 854 Cheshire, Coppell, spoke against the proposal. Issues Discussed: There was discussion regarding the use of a Comprehensive Plan, the tax implications of the different types of zoning, what the use is on the property at this time; and the difference between the agricultural exemption and agricultural valuation. Mayor Sheehan called for an Executive Session. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney: Mayor Sheehan convened into Executive Session at 9:00 p.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive Session at 9:24 p.m. and reopened the Regular Session, continuing with Item 11. REGULAR SESSION {Continuing with Item 11} (Open to the Public) Action: Councilmember Keenan moved to dose the Public Hearing and approve Case No. ZC-606 (CH), zoning change from A (Agriculture) to SF-12 (Single Family-12) on approximately 15.75 acres of property located along the north side of DeForest Road, east and west of The Estates of Cambridge Manor. Councilmember Tunnell seconded the motion; the motion carried 6-1 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Keenan, Tunnell, and York voting in favor of the motion and Councilmember Stover voting against the motion. At this time a short recess was held. CM06132000 Page 8 of 16 12. PUBLIC HEARING: Consider approval of Case No. ZC-607 (CH), zoning change from LI (Light Industrial) to R (Retail) on 8.7 acres of property located at the southeast corner of Sandy Lake Road and State Road. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Public Hearing Mayor Sheehan opened the Public Hearing and called for those wishing to speak on this item. Charles Banbemer, 305 Dogwood Trail, Coppell, spoke against the proposal. Issues Discussed: There was discussion regarding the classification of Mr. Banbemer's proposed retirement community. Councilmember Stover called for an Executive Session at this time. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney: Mayor Sheehan convened into Executive Session at 10:13 p.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive Session at 10:15 p.m. and reopened the Regular Session, continuing with Item 12. REGULAR SESSION {Continuing with Item 12) (Open to the Public) Action: Councilmember Tunnell moved to close the Public Hearing and approve Case No. ZC-607 (CH), zoning change from LI (Light Industrial) to R CM06132000 Page 9 of 16 13. (Retail) on 8.7 acres of property located at the southeast corner of Sandy Lake Road and State Road. Councilmember York seconded the motion; the motion carried 6-1 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Tunnell, Stover and York voting in favor of the motion and Councilmember Keenan voting against the motion. PUBLIC HEARING: Consider approval of Case No. ZC-608(CH), zoning change from C (Commercial) to SF-9 (Single Family-9) on approximately 11 acres of property south of Sandy Lake and west of Denton Tap Roads. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Jim Witt, City Manager, made a presentation to the Council. Public Hearing Mayor Sheehan opened the Public Hearing and called for those wishing to speak in favor of this proposal. Mary Ann Dunkum, 14 1 Hearthwood Dr., spoke in favor of this item. The Mayor then called for those wishing to speak against the proposal. David Dean, 8080 Park Lane, Dallas, Kris Heckmann, 8080 Park Lane, Suite 600, Dallas, and Mike Daniel, 8080 Park Lane, Suite 600, Dallas, spoke against the proposal. Issues Discussed: There was discussion regarding the depth of rezoning requested on Denton Tap, if this rezoning is approved would the second access road exit on Sandy Lake Road or onto Denton Tap Road, the current potential for commercial development and business opportunities on this property, the location of the TXU line, whether a stub or a loop is in the plans for Tealwood Drive, and how did CISD determine their future plans - the current zoning or the Comprehensive Plan. Councilmember Stover called for an Executive Session at this time. CM06132000 Page 10 of 16 EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney: Mayor Sheehan convened into Executive Session at 10:50 p.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive Session at 10:55 p.m. and reopened the Regular Session, continuing with Item 13. REGULAR SESSION {Continuing with Item 13) (Open to the Public) Action: Councilmember Keenan moved to close the Public Hearing and deny Case No. ZC-608 (CH), zoning change from C (Commercial) to SF-9 (Single Family-9) on approximately 11 acres of property south of Sandy Lake and west of Denton Tap Roads. Mayor Pro Tem Wheeler seconded the motion. The motion to deny was withdrawn. Councilmember York moved to close the Public Hearing and approve Case No. ZC-608 (CH), zoning change from C (Commercial) to SF-9 (Single Family-9) on approximately 11 acres of property south of Sandy Lake and west of Denton Tap Roads. Councilmember Peters seconded the motion; the motion failed 0-7 with no one voting in favor of the motion and Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Keenan, Tunnell, Stover and York voting against the motion. 14. PUBLIC HEARING: Consider approval of Case No. ZC-609 (CH) to consider a chanl~e in zoninl~ from TC (Town Center) to SF-7 (Sinl~le Family-7) on approximately 26 acres of property located east of Heartz and north of Sandy Lake Roads. Councilmember Garcia filed a Conflict of Interest with the Deputy City Secretary on this case and stepped down from the dais. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. CM06132000 Page 11 of 16 Public Hearing Mayor Sheehan opened the Public Hearing and advised that no one had signed up to speak on Item 14. Action: Councilmember Peters moved to dose the Public Hearing and approve Case No. ZC-609 (CH) to consider a change in zoning from TC (Town Center) to SF-7 (Single Family-7) on approximately 26 acres of property located east of Heartz and north of Sandy Lake Roads. Councilmember Keenan seconded the motion; the motion carried 6-0 with Mayor Pro Tem Wheeler and Councilmembers Peters, Keenan, Tunnell, Stover and York voting in favor of the motion. Councilmember Garcia abstained from voting on this item. Councilmember Garcia rejoined the Council on the dais at this time. 15. PUBLIC HEARING: Consider approval of the proposed text change to amend a portion of Section 27-1 of the Coppell Zoning Ordinance, PD Regulations, to allow the Board of Adjustment to grant variances as they relate to placement of fences within Planned Development Districts. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Public Hearing Mayor Sheehan opened the Public Hearing and advised that no one had signed up to speak on Item 15. Action: Councilmember Keenan moved to dose the Public Hearing and approve the proposed text change to amend a portion of Section 27-1 of the Coppell Zoning Ordinance, PD Regulations, to allow the Board of Adjustment to grant variances as they relate to placement of fences within Planned Development Districts. Mayor Pro Tem Wheeler seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and CM06132000 Page 12 of 16 Councilmembers Garcia, Peters, Keenan, Tunnell, Stover and York voting in favor of the motion. 16. PUBLIC HEARING: Consider approval of the proposed amendments to the Land Use Map of the Comprehensive Plan. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Public Hearing Mayor Sheehan opened the Public Hearing and advised that no one had signed up to speak on Item 16. Action: Councilmember Tunnell moved to close the Public Hearing and approve the proposed amendments to the Land Use Map of the Comprehensive Plan. Mayor Pro Tem Wheeler seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Keenan, Tunnell, Stover and York voting in favor of the motion. 17. Consider appointment to fill the vacant position on the Library Board, said position to expire September 30, 2001. Action: Councilmember Tunnell moved to appoint Derek Mosbarger, to fill the unexpired term of Frankie Greever on the Library Board. Mayor Sheehan called for an Executive Session at this time to further discuss Item 10, Consider approval of Case No. ZC-605 (CH), zoning change request from A (Agriculture) and R (Retail) to SF-12 (Single Family-12) on approximately 24.7 acres of property located along the north side of DeForest Road, east of MacArthur Boulevard. CM06132000 Page 13 of 16 EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney: Mayor Sheehan convened into Executive Session at 11:03 p.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive Session at 11:25 p.m. and reopened the Regular Session, continuing with Item 18. REGULAR SESSION (Open to the Public) 18. Consider approval of appointments to Council's Committees. Presentation: Mayor Sheehan read the appointments for the record: Carrollton/Farmers Branch ISD/Lewisville ISD City/Coppell ISD Liaisons Coppell Celebrates/Pigfest Coppell Recreation Development Corporation Coppell Seniors DFW Noise Forum Dallas Central Appraisal Advisory Board DFW Film Commission Economic Development Partnership Metrocrest Hospital Authority North Central Texas Council of Governments (NCTCOG) North Texas Commission Senior Adult Services Town Center/Architectural Committee Trinity River Common Vision Committee Trinity Trail Advisory Committee 20 12 Olympic Committee Pat Keenan Bill York Doug Stover Greg Garcia Jayne Peters Greg Garcia Bill York Jayne Peters Larry Wheeler Marsha Tunnell Marsha Tunnell Doug Stover Marsha Tunnell Pat Keenan Candy Sheehan Candy Sheehan Jayne Peters Larry Wheeler Jayne Peters Jayne Peters Greg Garcia CM06132000 Page 14 of 16 Action: Councilmember York moved to approve the appointments to Councirs Committees as read by Mayor Sheehan. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Keenan, Tunnell, Stover and York voting in favor of the motion. 19. Necessary action resulting from Work Session. There was no action necessary from Work Session. 20. City Manager's Report. A. Shadowridge Subdivision Monument Sign. B. Budget Workshops. C. Closing of Coppell Road from Parkway to Sandy Lake Road Summer of 2000. Jim Witt, City Manager, presented his recommendation to not replace the monument sign at the Shadowridge Subdivision. B. Jim Witt, City Manager, announced that there will be Budget Workshops held in the second floor conference room on the following dates: June 19, 2000 June 22,2000 June 29,2000 Enterprise Funds, Debt Service and final presentation from remaining non-profit groups General Fund Salary and Benefit Survey Results Jim Witt, City Manager, reported that Coppell Road will be closed from Parkway to Sandy Lake Road and should reopen at the end of the Summer. 21. Mayor and Council Reports. A. Report by Mayor Sheehan regarding Summer Reading Program. Report by Mayor Sheehan regarding Summer Camp Program. Report by Mayor Sheehan regarding Grand Opening of Aquatic Center. Report by Mayor Sheehan regarding Community Garden's Open House. CM06132000 Page 15 of 16 E. Report by Mayor Sheehan regarding Overview of Council Retreat. F. Report by Councilmember York regarding High School Athletics. G. Report by Councilmember York regarding Aquatic and Recreation Center. A. Mayor Sheehan announced the goal for the Summer Reading Program is 2,000 Books to be Read in the year 2000. B. Mayor Sheehan reported on the Summer Camp Program, Camp Do It All. C. Mayor Sheehan announced that the Grand Opening of the Aquatic Center will be held on July 4, 2000. D. Mayor Sheehan announced that the Community Garden's Open House will be held on June 23, 2000. E. Mayor Sheehan did not discuss the Overview of Council Retreat at this time until she has a chance to review it with Councilmember Keenan who was unable to attend the Retreat. -- F. Councilmember York congratulated the Coppell High School Baseball team on their outstanding year. G. Councilmember York stated that the Aquatic Center item had already been covered and he did not have anything further to add. 22. Necessary Action Resulting from Executive Session. There was no action necessary under this item. was adjourned. ~?.ar~dy S nan, ~I~tyo~ '~ Attes. ~ rson, Deputy City Secretary CM06132000 Page 16 of 16