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ST8804-AG 890228SdBMISSION DEADLINE: 5:0c-~.m. Monday - 8 Days Preceding Rev.: Effective 1/20/88 I. REF/FILE NUMBER 'W. ty Council Meeting AGENDA REQUEST FORM FOR CITY COUNCIL MEETING: :H~ARTZRO~D- PRELIMINARY PLAT III. ACTION RECO~94ENDED . DATE OF PLANI~n~G AND ZOI~NG MI~"FII~G~ Jn_,,,,,,.y 19, 19~9 ~ of ~ ~ ~ ~m~ A~ ~) ~ ~ ~ ~ (~ a~~of~t). ~~ite~~at~t~ ~ ~ d~ ~ ~t to ~ ~ w~ ~ ROW ~ R~w~ ~ ~ a~ ~ ~ ~f ~~ a~ ~ ~ ~t H~z ~ ~ ~t to t~ ~ ~ (45 f~) ~ ~e B: OTHER - V. NOTIFICATION TO : N/A METHOD OF CONTACT : DATE : VI. FINANCIAL REVIEW : 1. BUDGETED ITEM N/A : YES NO 2. BUDGET AMOUNT : 3. ESTIMATED AMOUNT FOR THIS ITEM : 4. AMOUNT OVER OR UNDER BUDGET : 5. LOW BIDDER RECOMMENDED : SOURCE OF FUNDING CO'S OR BONDS FUNDS : (Series or year authorized) : OPERATING BUDGET (Account Number) : OTHER : YES NO AGENDA REQUEST FORM DMEMOI APPROVED BY CITY MANAGER : ITEM NUMBER SUPPORT DOCL~ENTATION FOR AGE' * DATE RECEIVED * * TIME * * To be completed by City Manager Dept.* SUPPORT DOCUMENTATION SUBMITTED MEMORANDUMS ............. LETTERS ................. REPORTS ................. BILLS ................... BID ..................... CONTRACT / AGREEMENT ...... MINUTES ................. ORDINANCE ............... RESOLUTION .............. PROCLAMATION ..... i ...... I~PS ZONING PLANS ...................... : PRELIM~f NARY PLATS ................. : FINAL PLATS ....................... : SITE PLANS ........................ : LANDSCAPE PLANS ................... : ARCHITECTURAL RENDERINGS .......... : OTHER ............................. : REVIEWED BY (If applicable) CITY ATTORNEY ..................... : FINANCE DIRECTQR ....... ~ .......... : OTHER ............................. : SUBMITTED BY DEPARTMENT ........................ : DEPARTMENT DIRECTOR ............... : APPROVED BY CITY MANAGER ...................... : DENIED BY CITY MANAGER ...................... : AMOUNT PER/SET ITEM NO. OF PAGES DATE SUBMITTED SIGNATURE DATE REVIEWED SIGNATURE DATE SUBMITTED DATE APPROVI!I) SIGNATURE Additional documentation required Need for further discussion Submitted after deadline At the request of SUBMISSION DEADLINE: Rev.: Effective I. REF/FILE NUMBER II. ITEM CAPTION 5:0~ p.m. Monday - 8 Days Preceding City Council Meeting 1/20/88 : He. rtz Road - P~eli~,~'y Plat : To considew ap]woval of a ~w~,-~--,~ plat fro' Heartz Ro~d; located south of Parkway Boulevqrd and nm-th of Sandy L~ke Road~iat the request of AB~ Develo~meat Cra-pm-atica. III. ACTION RECOMMENDED : Date of P]~,,,u~,,~. and Z0a~ Met. M,,.o: Jaum~r~ 19v 1989 Deckim~ of ~-~-~ ~ ~u~ ~mm~: A~ (~ wi~ ~ ~ ~ (~ a~ ~ of p~t~. ~e ~~ ite~ ~ ~ ~ at ~m~l ~t S~ IV. REP. IN ATTENDANCE ¥. NOTIFICATION TO A: STAFF~ KevinPeiffe~, P.E., ActkgP&ZCom~l~atc~ B: OTHER - ~&~C~ml~m~_~no~- VI. METHOD OF CONTACT : DATE : FINANCIAL REVIEW : NrA i. BUDGETED ITEM : 2. BUDGET AMOUNT : 3~ ESTIMATED AMOUNT FOR THIS ITEM : 4. AMOUNT OVER OR UNDER BUDGET : 5. LOW BIDDER RECOMMENDED : YES NO YES NO SOURCE OF FUNDING CO'S OR BONDS FUNDS (Series or year authorized) OPERATING BUDGET (Account Number) OTHER AGENDA REQUEST FORM DMEMOI APPROVED BY CITY MANAGER : ITEM NUMBER/__~__ CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Date: January 19, 1989 PLANNING DEPARTMENT RE: Heartz Road, Preliminary Plat LOCATION: South of Parkway Boulevard and north of Sandy Lake Road APPLICANT: ABQ Development Represented by Jerry Parche of Jerry Parche Engineers SUMMARY: Applicant is requesting approval of a preliminary plat and variances. ALTERNATIVES: 1] Approve the preliminary plat with variances. 2) Approve the preliminary plat. 3) Deny the preliminary plat. ATTACHEMNTS: 1) Plat 2] DRC Comments 3) Letter from Jay Chester 4) Partial copy of agreement between the City of Coppell and Univest. 5) Letter from Jerry Parche, P.E., Dated December 1, 1988 HEARTZRD.STR Minutes of January -~. 1989 Planning and Zoning ~ommission Page 3 returned to the Commission by the City Council for reconsideration. Nathan Maier of Nathan Maier Engineers was present to represent this case before the Planning and Zoning Commission. Following discussion, Commissioner Redford moved to approve the preliminary plat for Shadow Woods Estates with the requested variances. Commissioner Green seconded the motion; motion carried (4-0) with Commissioners Green, Johnson, Redford and Thomas voting in favor of the motion. Item 7: To consider approval of a preliminary plat for Heartz Road, located south of Parkway Boulevard, and north Sandy Lake Road, at the request of ABQ Development. of Russell Doyle introduced the item to the Commission. He stated that the applicant is requesting two (2) variances; (1) radius of the curb from 425 feet to 209 feet, and: (2) one-half right-of-way and roadway on the northern half near Sandy Lake Road. He further stated that any outstanding construction issues will be addressed during the final platting process. Jerry Parche, Consulting Engineer for ABQ Development, was present to represent this item and answer any questions. Following discussion Commissioner Redford moved to approve the preliminary plat for Heartz Road with variances. Commissioner Green seconded the motion; motion carried (4-0) with Commissioners Green, Johnson, Redford and Thomas voting in favor of the motion. Item To consider approval of a final plat for Northlake Woodlands East #12, located at the northwest corner of Mockingbird Lane and the St. Louis and Southwestern Railroad, at the request of Don Tipton Engineering. Commissioner Thomas stated that the applicant has requested that this item be withdrawn and placed on the February, 1989, Planning and Zoning Agenda. He then called for a motion. Commissioner Green moved to deny the final plat for Northlake Woodlands East #12. Commissioner Redford seconded the motion; motion carried (4-0) with Commissioners Green, Johnson, Redford and Thomas voting in favor of the motion. Item 9: To consider approval of a final plat for Parkway Boulevard (West), located west of Denton Tap Road, at the request of ABQ Development. City Engineer Russell Doyle introduced the item to the Commission. GINN, INC. - .,~...~ CONSULTING ENGINEERS January 4, 1989 Taryon Bowman City of Coppell P.O. Box 478 Coppell, TX 75019 Re: Heartz Road Preliminary Plat DRC - Engineering JAN - 9 ~ '" Dear Taryon: We have reviewed the above referenced subject and offer the following comments. We have no objections to the variance request for a centerline radius of 209 feet based on our review of the plans and the items noted in their letter of December 1, 1988. The Water, Sewer and Drainage plans will be addressed during the construction plan review process and any issues resolved at the time of final plat submittal. Please call if you have any questions. Sincerely, Kevin Peif f~ P/. E. cc: File 88305 17103 Presum Road · Suite 100 · [BI IS · Dallas, Texas 75248 · Phone 214/248-4900 December 12, 1988 Ms. Taryon Bowman Planning and Zoning Coordinator City of Coppell 255 Parkway Blvd. Coppell, Texas 75019 RE: Heartz Road Preliminary Plat Dear Ms. Bowman: Please find attached information regarding partial assignment of the city contract between Univest and ABQ. As you know, the city of Coppell entered into a contract with The Parks of Coppell Joint Venture on December 30, 1982. When ABQ purchased the property from the Parks of Coppell Joint Venture II, a partial assignment of the above referenced city contract was executed. The documents are attached. In this city contract, more specifically Article 4 paragraph 2.d, there is allowance for the Heartz Road to be built with 24 foot of paving. This 24 foot width of paving shall be sufficient until such time as the final plat is filed of record for the property on the opposite side of the road. Therefore, it is the request of ABQ that the City of Coppell honor this City contract and allow for the Heartz Road preliminary Plat to proceed on through the approval process with the half section as it is proposed. ABQ understands the City's reluctance to approve half section streets and ABQ will do everything in their power to contact and convince the owner of the Ruth Perkins Tract to donate or dedicate the right-of-way required to complete the paving width of Heartz Road. ABQ will update the City of Coppell as to the progress of this effort. If you have any questions, please let me know. Sincerely, J~.A..Chester, P.~. P~oj ect Manager Enclosures the :!unicipal Center Site shall ~e ??.tee Hundred S~xty-Gne Thousand Two Hundred Ninety-T~o and Nc !~C T~ ~zrchase price for Phase i of the Park Site shall ~e ARTICL~ iV ~ha%i, a: the eetien of Owner, be subject to the l. The Zoning Plan shall be in full force and effect on the C!cs!nq Date. 2. The City Council cf the City shall continue to a:ree that the proper interpretation of the Sub-Division ~2~ ~-- ~.,~th respect to the Property shall allow for the ProDertv to De developed as follows, it bein~ agreed that such ,n-k.ur~tat~on and the resulting application of the Su?rkv~sion Ordinance is the normal and reasonable course in setween deve!op~nen%s In differen~ .=onlng classifications; Deforest, Lodge, Heartz, Sandy Lake and Denton Tap Reads Parkway Boulevard shall be a divided thoroughfare Denton Tap Road :o H~.' Road with ~ avon sections in ~{~nt';-~sur ~eet (74') cf ~(24') p ;~ng . . - ~__right-ot-way; {d) On Moore, Deforest, Heartz and Lodge Roads and Parkway ~culevard, ~ing~ Q~? twenty-four f~e~L-~ {24') 1n width shall be required gntll suqh time as a final -2- Jerry Parch Consulting Engineers December 1, 1988 Ms. Taryon Bowman Planning & Zoning Coordinator City of Coppell P O Box 478 Coppell, Texas 75019 214/462-0022 RE: JP No. 88009; Heartz Road Preliminary Plat; Coppell, Texas Dear Taryon: Enclosed are six prints of the Preliminary Plat of Heartz Road from Sandy Lake Road To Parkway Boulevard and two prints each of the Water and Sewer Plan, Drainage Plan, and the Conceptual Landscape Plan showing proposed facilities in the Heartz Road Right-of-Way. Also enclosed is a copy of a letter report to Mr. Jay Chester of ABQ Development Corporation dated November 17, 1988, giving the results of a study prepared by our firm of sanitary sewer facilities in the platted section of Heartz Road. An exhibit showing the sanitary sewer service area is attached with the aforementioned letter report. This letter and the enclosed drawings are submitted to the City in response to comments on the original submittal that were provided at the Development Review Committee meeting on October 25, 1988. Following is a summary of the major issues and our responses. 1. West half of the proposed Right-of-Way for 621 feet north of Sandy Lake Road. The cen~erline of Heartz Road north of Sandy Lake Road coincides with the east property line of the Town Center Si~e. Survey studies have determined that a strip of land of unknown ownership lies between the Parks of Coppell Joint Venture II property and the Ruth Perkins property north of Sandy Lake Road. This strip of land constitutes most of the remaining 30 feet of Right-of-Way required for Heartz Road in this area. The balance of the eastern half of the Right-of-Way between Sandy Lake Road and the ABQ property must be obtained from the Perkins tract. 320 ~/estway Place, Suite 501 · Arlington, Texas 76018 · Metro (817) 467-2418 · (817) 465~0259 Ms. Taryon Bowman JP No. 88009 December 1, 1988 Page 2 of 4 ABQ Development has requested the Coppell office of Ticor Title to research title to this strip of land north of Sandy Lake Road and to establish current ownership of the Perkins tract. A copy of the letter report received from Ticor Title is attached to this letter. ABQ Development and the Parks of Coppell Joint Venture II (PCJV II) have committed financial resources to construct Heartz Road where the proposed roadway is located on their respective properties. Since only one-half of the roadway Right-of-Way is located within the ownership of either PCJV II or ABQ for 621 feet north of Sandy Lake Road, and since no legal authorization has been secured to construct any improvements outside of the limits of PCJV II or ABQ property, a variance to construct only the west half of Heartz Road is requested in this area. ABQ and PCJV II will provide sanitary sewer, water and storm drainage facilities in the proposed half street section. In addition, if either the property owner or the City of Coppell will agree to pay for construction of the west half of the roadway adjacent to the Perkins tract, ABQ will provide enqineering to design the full roadway section in this area. 2. 209 feet centerline radius south of Parkway Boulevard Development Review Committee comments indicate that the Subdivision Ordinance requires a minimum radius of 425 feet for any street within the City. This minimum radius is based on a design speed of 30 m.p.h. Many streets, however, have centerlines with a radius considerably less than 425 feet. A variance is requested to permit a 209 foot centerline radius in Heartz Road south of Parkway Boulevard in order that the roadway centerline may coincide with the property line between the PCJV II and ABQ properties. Technical justification for this request is based on the location of the radius in question and traffic flow in the proposed intersection. Ail traffic on proposed Heartz Road just south of Parkway Boulevard will be in a "Stopping" or "Accelerating Condition". No through traffic will occur since Heartz Road will not be continued north of Parkway Boulevard. Therefore vehicle speed in the proposed 209 foot radius curve should be substantially Ms. Taryon Bowman December 1, 1988 JP No. 88009 Page 3 of 4 less than the design speed typically used for collector or even local streets since the location of this curve is a5 an intersection where traffic is required to come to a complete stop or execute a 90 degree turn upon entering or leaving the 209 foot radius curve. 3. Sanitary Sewer Capacity We have prepared an analysis of the sanitary sewer facilities in Heartz Road north of Sandy Lake Road in the Right-of-Way being platted. A copy of our letter report and exhibit showing the sanitary sewer service area is enclosed. The results of our study indicate that the capacity of the existing eight-inch sanitary sewer from approximately 1000 feet north of Sandy Lake Road to Parkway Boulevard is deficient with a fully developed service area. We have sized a parallel sewer pipe for this area such that the total capacity of both pipes exceeds the design loadings. Conceptual design of the parallel sanitary sewer facilities has been added to the Water and Sanitary Sewer Plan enclosed. Please review this study and advise us whether the parallel sewer facilities are acceptable as shown so that we may proceed with the final design. 4. Water Main Twelve-inch valves have been added to the proposed water main at 600 feet intervals. Five hydrants have also been added at 300 foot maximum spacing. Compliance with other comments regarding required easements, construction de~ails, brick pavers a~ Parkway Boulevard, etc. will be addressed in preparation of the Final Plat and construction plans. Analysis of the linear park channel will also be addressed in the design phase. I trust that the information presented herein satisfys the concerns of ~he Development Review Committee and will permit the Preliminary Plat approval process to proceed. It is our understanding that this Preliminary Plat will be on the Planning & Zoning Commission agenda on December 15, 1988. Ms. Taryon Bowman December 1, 1988 JP No. 88009 Page 4 of 4 If you need any additional information, please call. Thank you. Sincerely,/~ //Jerry Parche , P.E. JP:ch Enclosures: Six copies of Heartz Road-Preliminary Plat As Revised Two copies Water and Sanitary Sewer Plan As Revised Two copies Drainage Plan As Revised Two Copies Conceptual Landscape Plan As Revised Copy of Sanitary Sewer Report & Exhibit Dated November 17, 1988 Copy of Letter from Ticor Tittle Dated November 8, 1988 w/attachments cc: Mr. Jay Chester, P.E./ABQ Development Corporation Mr. Mike Allen/Parks of Coppell Joint Venture II w/encl. CITY OF COP?ELL ESCROW AGREEMENT For and in consideration of the mutual covenants and agreements herein contained, the City of Coppell hereinafter called "City" and ABQ Development hereinafter called "Developer", do hereby agree as follows, to-wit: W~EREAS, the current City policies (Subdivision Ordinance Appendix A, Section 17) require that in new areas, a Developer install major public improvements where required in or adjacent to said addition. Developer has elected to develop Parkway Boulevard (West),an Addition in the City of Coppell, Dallas County, Texas. In lieu of the developers obligation to construct their portion of the extension of a 16" water main across Denton Tap Road (see exhibit A), Developer a§rees to place in escrow $15,782.25 for the construction of aforesaid major public improvements. This dollar amount being based on the current pro rata charges as provided for in Appendix B of the Sub-Division Ordinance, and determined by the attached bid tabulation. THEREFORE, the Developer does hereby deposit $15,782.25, which will be held in the sole name of the City in an interest bearing account to draw interest at the current rate. No withdrawals shall be made until such time as the above mentioned improvements are made. After completion and acceptance of the above mentioned improvements by the City, the difference between the escrowed funds (ori§inal amount escrowed plus accrued interest) and the actual cost shall be refunded to the Developer, In the event that actual cost of above mentioned improvements exceed the ~scrowed funds (original amount escrowed plus accrued interest) the Developer will be assessed the difference. Payable within ten (10) days of notice. THE CITY may issue Building Permits on the aforesaid property without the requirement of the aforementioned improvements, and upon deposit of Escrow Funds described herein. Si§ned and Executed this the 19 day of Developer Mayor Attest: City Secretary E$CRWAGR.001 ~ UB}~IS$ION DEADLINE: 5:00 Rev.: Effective 1/20/88 II. ~. Monday - 8 Days Preceding Cf Council Meeting AGENDA REQUEST FORM FOR CITY COUNCIL MEETING: February 28, 1989 REF/FILE NUMBER : Heartz Road ITEI~ CAPTION : Discussion and approval of reconsideration of a preliminary plat for Heartz Road located south of Parkway Boulevard and north of Sandy Lake Road at the request of ABQ Development Corporation. III. ACTION RECOMMENDED IV. REP. IN ATTENDANCE A: STAFF- B: OTHER - V. NOTIFICATION TO : VI. METHOD OF CONTACT : DATE : FINANCIAL REVIEW : 1. BUDGETED ITEM : 2. BUDGET AMOUNT : 3. ESTII~ATE~O AMOUNT FOR THIS ITEM : 4. AMOUNT OVER OR UNDER BUDGET : 5. LOW BIDDER RECOMMENDED : SOURCE OF FUNDING CO'S OR BONDS FUNDS : (Series or year authorized) : OPERATING BUDGET (Account Number) : OTHER : YES NO YES NO AGENDA REQUEST FORM DMEMO I APPROVED BY CITY MAlqAGER : CITY MANAGER'S COMMENTS/RECOMMENDATION FOR AGENDA ITEM Item #16A & B City Council Agenda Dated: 2-28-89 In regard to Item 16A & B, we have talked with Jay Chester representing ABQ and have informed him that it is the City's desire that ABQ pave the full width of Heartz Road from Sandy Lake to Parkway Boulevard. As you recall, we tabled this item because there was on the south end of the proposal submitted by ABQ. and ordinance prohibiting against approving the plat. that it is the City's desire a section of Heartz Road shown plat as a half-street in the In accordance with city policy half-streets, we recommended Staff has informed Mr. Chester that ABQ bear the entire cost of the paving and in return the City will obtain the right-of-way through imminent domain proceedings and will protect ABQ's rights to reimbursement with a pro-rata ordinance. We recommend that you approve the preliminary plat and inform the applicant that prior to execution and filing of the final plat, the City desires to enter into an agreement stipulating these conditions. The City Council of the City of Coppell met in a regular called session on Tuesday, February 28, 1989, at 7:30 p.m. in the Council Chambers of To~rn Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Lou Duggan, Mayor Dean Wilkerson, Mayor Pro Tem Walter PettiJohn, Councilman Tom Morton, Councilman Bill Smothermon, Councilman Jim Cowman, Councilman Mark Wolfe, Councilman John A. Nelson, Councilman Also present were City Manager Alan D. Ratliff, City Attorney Larry Jackson, and City Secretary Dorothy Timmona. The meeting was called to order by Mayor Jeff Kryzak (Duggan) and everyone asked to stand while City Manager Rachael Mohr (Ratliff), from Pinkerton Elementary 5th grade class, gave the invocation. Following the invocation Mayor Jeff Kryzak (Duggan) led those present in the Pledge of Allegiance. Students from Ptnkerton Elementary School were participating in the City Council meeting as part of the "Students in Government" program conducted by the Mayor and City Council. Those students and their Council counterparts were as follows: Jeff gryzak, Mayor (Lou Duggan) Lorenzo Williamson, Mayor Pro Tem (Dean Wilkerson) Chrissy Mayo, Council member ((Walter PsttiJohn) Piper Belleperche, Council member (Tom Morton) Laura Baggett, Council member (Bill Smothermon) Chantelle Lindlief, Council member (Jim Cowman) Joshua Kryzak, Council member (Mark Wolfe) Shannon Behr~an, Council member (John A. Nelson) Rachel Mohr, City Manager (Alan D. Ratliff) Amanda Glassey was recognized as Student-at-Large representing Pinkerton Elementary School. Mayor Duggan then introduced Pinkerton Elementary 5th grade teachers Betty Mash, Laura Gostas, and Janfce Branum, the students from Ptnkerton Elementary School 5th grade classes, and Lu Anna Stevens, Principal of Pinkertnn Elementary. Item ~: Approval of Minutes - February 7, 1989 February 14, 1989 Council member Belleperche (Morton) moved to approve the minutes of Februsry 7, 1989, and February 14, 1989, as submitted. Council member Behrman (Nelson) seconded the motion; motion carried 7-0 with Mayor Pro Tem Williamson (Wilkerson), Council members Mayo (PettiJohn), Belleperche (Morton), Baggett (Smothermon), Lindlief (Cowman), Kryzak (Wolfe), and Behrman (Nelson) voting in favor of the motion. Page 1 of 11 Item 4: Mayor's Report Mayor Duggan gave the following report: City Manager Rachel Mohr (Ratliff) introduced Wes Kilcrease the City's new Fire Chief to the Council and those persons present, and asked Mr. Kilcreaee to say a few words to the Council. Mayor Duggan stated that the Home Owners Association for the Lakes of Coppell will be holding their annual meeting on March 2, 1989 at 7:00 p.m. at the Summit Hotel. He encourages all available Council members to attend. American Airlines is, again this year, donating six (6) tickets to the City for use in the "Students in Government" program so that those student representatives may travel to Austin as a part of the "Students in Government" program. Council was informed that City Manager Alan D. Ratliff will be out of town for the coming week for a vacation. Deputy City Manager/Finance Director Frank Trando will be in charge during the interim. Mayor Duggan once again stressed that the citizens and Council need to make sure and verify statements made concerning the D/FW Airport expansion and verify the accuracy of any statements that were heard. Mayor Duggan announced that Item No. 12 would not be heard at this time and will be coming forward for Council's consideration at a later date. Councilman Cowman brought to the Councils attention a request for City staff to look into the cleaning up of a trailer/mobile home that was burned out located at Beltltne Road on the Leslie property. Councilman PettiJohn stated that be had been in contact with the owner of this property add was told that this situation would be cleaned up within the next few days. Councilman Wolfe extended his thanks to the City Manager for process used in the recent hiring of the Fire Chief. Councilman Wolfe also asked that Council consider appointing a Special Study Committee to study the Grapevine Springs area as well as the old town area of the City with the possibility of re-routing traffic to other roads within the City in order to preserve this area as a historical site within the City. Council member Mayo (Petti~ohn) requested that Item No. 19 on the agenda be considered earlier in the evening. Mayor Duggan informed those present that the next meeting for the D/FW Scoping Hearings will be held at the Coppell High School Auditorium on March 8, 1989, at 8:00 p.m. Page 2 of 11 City Council Liaison's Report DART - Councilman Morton indicated that there was no report at this time. Ne did state that DART is still working on the Park-n-Ride area in Georgetown Plaza. FINANCE CO}~IITTEE - Councilman Smothermon indicated that the Finance Committee had met with staff and the City Attorney. He stated that financial statements showed that revenues are somewhat ahead of last year with expenditures being held in check. LIBRARY BOARD - Councilman Pettijohn and Mayor Pro Tam Wilkerson indicated that they did not attend the last Library meeting. }rUD ABSORPTION - Councilman Smothermon reported that this Committee had met with City staff end City Attorney and that plans on this project are beginning to fall in place. NCTCOC - Councilman Cowman indicated there was no report on this item. PARK FOARD - Mayor Pro Tem Wilkerson and Councilman PetttJohn indicated that they have been unsuccessful in getting a response from SBS representatives regarding the construction of the concession stand in the City park. It was requested that the Mayor pro¥ide input at a higher level within the company in an effort to obtain a response. In other matters the Park Board is continuing its work in reviewing and bringing forth a recommendation on a consultant. Councilman Wolfe and Nelson indicated that their Committee had met with the school recently and reviewed the Coppell 2000 report. In making note of all the Joint City/school projects that were mentioned in the report it was noted that this number ~ ~s quite high. Councilman Wolfe requested that Rick Foster, Community Education Director, be requested to attend the March 13, 1989, Joint School Board/City Council meeting to discuss several items concerning Joint use of City and school facilities. DALLAS COUNTY APPPAISAL DISTRICT - Councilman Nelson indicated there was no report at this time. TOWN CENTER ARCHITECTURAL COMMITTEE - Councilman Nelson indicated that the Committee has met and has approved the exterior products for use in the Town Center development. Landscaping and interior materials will be discussed at a later time. Item 6: Citizen's Appearances Mayor Kryzak (Duggan) then asked for those persons who wished to speak under the above stated item. There were none. Item 7: Consider approval of a Resolution declaring February 28, 1989 aa "Students in Government Day in Coppell" and authorizing the Mayor to sign. Mayor Kryzak (Duggan) read the resolution into the record. Council member Behrman (Nelson) moved to approve Resolution 022889.1 declaring Page 3 of 11 February 28, 1989, as "Students in Government Day" in the City of Coppell and authorized the Mayor to sign. Couneil member Kryzak (Wolfe) seconded the motion; motion carried 7-0 with Mayor Pro Tom Williamson (Wilkerson), Council members Mayo (Pettijohn), Belleperche (Morton), Baggett (Smothermon), Lindlief (Cowman), Kryzak (Wolfe), and Behrman (Nelson) voting in favor of the motion. Mayor Kryzak (Duggan) presented this Resolution to Lu Anna Stevens, Primcipal of Ptnkertou Elementary School. Item 8: Consider approval of a Resolution designating March 6-10, 1989 as "Texas Public Schools Week" in the City of Coppell and authorizing the Mayor to sign. Following discussion on this item Council member Lindlief (Cowman) moved to approve Resolution 022889.2. Council member Mayo (PetttJohn) seconded the motion; motion carried 7-0 with Mayor Pro Tom Williamson (Wilkerson), Council members Mayo (PettfJohn), Belleperche (Horton), Baggett (Smothermon), Lindltef (Cowman), Kryzak (Wolfe), and Behrman (Nelson) voting in favor of the motion. Item 9: Discussion and consideration of approval of a variance from Section 10-5-3 B of the Sign Ordinance which concerns the maximum size of attached signs. The variance is requested by the Coppell Independent School District for the sign proposed for the new high school located at I85 West Parkway. Mr. Dale Jackson, Chief Building Official, made the presentation to the Council. Mr. Gary Keep, Architect for the School District was also present to the discuss this item with the Council. Council was informed that without the inclusion of the lines on the schools logo (a horse and rider), indicating movement, the school sign would be in compliance with City Codes. Following discussion on this item, Council member Baggett (Smothermon) moved that the variance for a total of 481.5 squsre feet for school signage be approved. Mayor Pro Tom Williamson (Wilkersou) seconded the motion; motion carried 7-0 with Mayor Pro Tom Williamson (Wilkerson), Council members Mayo (Pettijohn), Belleperche (Morton), Baggett (Smothermon), Lindlief (Co~an), Kryzak (Wolfe), and Behrman ,Nelson) voting in favor of the motion. Participation of the "Students in Government" program ended at thtm point. Item 10: Discussion and consideration of epproval of a variance from Sections 10-4-3 J, 10-4-3 K, and 10-9-1 of the Sign Ordinance which concerns off-premise signs, signs erected in the public right-of-way and the administrative fee for sign variance requests. The variance is requested by the St. Ann's Catholic Church Men's Club. Chief Building Official Dale Jackson made the presentation to the Council. The request for this sign is to allow St. Ann's Catholic Church Men's Club to place temporary signs throughout the City advertising the upcoming garage sale. Signs would be erected on Friday, March 31st, and removed by Sunday, April 2nd. The request is for a total of thirty (30) signs. Following diacuesion, Councilman Smothermon moved that the variance be approved. Councilman Mor~on seconded the motion; motion carried 7-0 with with Mayor Pro Tom Wilkerson, Councilmen PettiJohn, Morton, Smothermon, Cowman, Wolfe, and Nelson voting in favor of the motion. Page i of I1 Item 11: Discussion and consideration of approval of a variance from Section 10-5-2 C of the Sign Ordinance which concerns the maximum size and height along with setback requirements for monument signs. The variance is required by Goodyear for the property located at 825 MacArthur. Chief Building Official Dale Jackson made the presentation to the Council. Mr. Joe Decker, representing the applicant, was also present to discuss this item with the Council. It was indicated to the Council that due to the size of this lot, and the width in the front of the lot, it is impossible for the applicant to comply with City regulations concerning placement of the sign. The second variance, size of the sign, is requested due to the grade of the property which sits lower than the bridge, therefore, the applicant feels that e larger sign is requested in order to be noticed by oncoming traffic. Following discussion on this item, Councilman Morton moved that the item be tabled for further review by the City Attorney. Mayor Pro Tom Wilkerson seconded the motion; motion carried 7-0 with Mayor Pro Tom Wilkerson, Councilmen Pettijohn, Morton, Smothermon, Cowman, Wolfe, and Nelson voting in favor of the motion. Item 12: Zoning change, Case No. PD-108 (Springs of Coppell): 115 acres from PD Recreation to (PD) for (O) office; (R) retail; (C) commercial and (LI) light industrial. PUBLIC HEARING WILL NOT BE HELD SINCE THIS APPLICATION IS STILL UNDER CONSIDERATION BY THE PLANNING AND ZONING COMMISSION. As indicated at the beginning of the meeting this item will not be considered by the Council as the Planning and Zoning Commission is still conducting its hearing on the project. The item will be re-advertised and scheduled for a later date. No action was required on this item. EXECUTIVE SESSION (Closed to the public) Item 25: Article 6252-17, Section 2 (e) and (g) to discuss and obtain legal advice in regard to Water and Sewer service to newly annexed property subject of boundary agreement. Mayor Duggan declared the public session closed and convened into Executive Session on Tuesday, Februsry 28, 1989, at 9:04 p.m. as allowed the the above recited article. Mayor Duggan adjourned the Executive Session at 9:25 p.m., and opened the public session. (Open to the Public) Item 13: Holding of a PUBLIC HEARING to consider approval of a zoning change Case #ZC-516 from Retail to (PD-SF-7) located 190 feet south of the southwest corner of Coppell Road and Sandy Lake Road at the request of Thomas and Katherine McHale. Date of P&Z Meeting: Decision of P&Z Commission: 1-19-89 Approval (4-0) with the provisions that the remaining Retail Zoned property on the southwest corner of Sandy Lake Road and Coppell Road be re-zoned to PD-SF-7 also prior to the final platting of this property that 13 lots on the Page 5 of 11 southern border of the property be restricted to houses with a minimum of 1800 square feet, City Engineer Russell Doyle made the presentation to the Council. Also present to discuss this item was Nathan Meier, Engineer, representing the applicant. Mr. Meier stated that this Sub-Division has no impact on down stream drainage on Coppell Road. Mayor Duggan declared the public hearing open and asked for those persons who wished to speak against the proposed zoning change. Those persons speaking were Dr. Melvin Gross, 152 Cottonwood, Patricia Gustsfson, ]01 Cottonwood, Steven Rimer, 131 Winding Hollow, Ann Hinson, 150 Winding Hollow, Dale Ware, 405 Hidden Valley, Gary Anderson, 102 Winding Hollow, Mike Gaylor, 210 Winding Hollow, and Ed Blasingame, 126 Winding Hollow. These citizens request concerned erosion, flooding, lack of alleys, size of lots, impact on schools, streets, environment and adjoining zoning. Mayor Duggan then asked for those persons who wished to speak in favor of the proposed zoning change. Those persons speaking were Doug Whittenberry, 403 Spanish Moss, who also read a letter from Mr. Doug Stempowski, 433 Plantation, who was unable to be present at tonights meeting, and Mr. Leonard White, 438 Woodhurst. These comments indicated citizens preference of residential zoning over retail. The public hearing was then declared closed. Following a lengthy discussion by the Council, Councilman PettiJohn moved that the zoning request be approved with a minimum of 1,800 square foot ho~slng in the Sub-Division. Councilman Nelson seconded; motion failed 3-4 with Councilman Pettijohn, Smothermon, and Nelson voting in favor of the motion and Mayor Pro Tem Wl]kerson, Councilmen Yorton, Cowman and Wolfe voting against the motion. The applicant then requested to table the item for discussion at a later date. Following further discussion Councilman Smothermon moved that this zoning change request be tabled at the request of the applicant to March ]4, 1989, for re-bearing by the Council end with a waiver of any additional fees. Councilman Morton seconded the motion; motion carried 7-0 with Mayor Pro Tem ~lkerson, Councilmen PettiJohn, Morton, Smothermon, Cowman, Wolfe, and Nelson voting in favor of the motion. Item l&: Consider approval of a preliminary plat for Shadow Woods Estates Addition located 190 feet south of the southwest of Coppell Road and Sandy Lake Road at the request of Thomas and Katherine McHale. Date of P&Z Meeting: Decfsion of P&Z Co~issfon: 1-19-89 Approval (4-0) with requested variances as noted on plat. ~"~lis item is associated with zoning of Item No. 13. Councilman Cowman moved that the item be denied and be brought back on March I4, 1989, with no additional fees being assessed. Councilman Morton seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen Pettijohn, Morton, Smothermon, Cowman, Wolfe, and Nelson voting in favor of the motion. Item 15: Consider approval of a Resolution granting consent for the annexation of two tracts of land, to wit: Tract A containing 265.692 acres of land and Tract B containing 22.593 acres of land by Coppell Municipal Utility District No. 1 and authorizing the Mayor to sign. Following discussion on this item, Councilman Smothermon moved that the Page 6 of 11 item be tabled to March 7, 1989, in a special City Council meeting called for consideration of this project. Councilmen Cowman seconded; motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen PettiJohn, Morton, Smothermon, Cowman, Wolfe, and Nelson voting in favor of the motion. Item 16A: Discussion and approval of reconsideration of a preliminary plat for Heartz Road located south of Parkway Boulevard and i~orth of Sandy Lake Road at the request of ABQ Development Corporation. Fo]lowing discussion on Item 16A, Councilman Morton moved that the Council reconsider the above posted item. Councilman Wolfe seconded the motion; motion carried 7-0 with Mayor Pro Tam Wilkerson, Councilmen Pettijohn, Morton, Smothermon, Cowman, Wolfe and Nelson voting in favor of the motion. Item 16B: Consider approval of a preliminary plat for Heart7 Road located south of Parkway Boulevard and north of Sandy Lake Road at the request of ABQ Development Corporation. Date of P&Z Meeting: Decision of P&Z Commission: Date of CC Meeting: Decision of CC: 1-19-89 Approved (4-0) with requested variances ss noted on plat. 2-14-89 Denied (5-0) & rescheduled to 2-28-89 with no additional fees to be paid by applicant for refiling. Mr. Jay Chester, representing ABQ Development, was present to discuss this item with the Council. Councilman Pettijohu indicated that he had spoken with property owners in the area that additional right-of-way is needed amd they had indicated to him that approval for the dedication of the right-of-way would be forthcoming, however, no response has been received at this time. Following further discussion by the Council, Councilman Wolfe moved that the plat be approved for a four-lane roadway and that the City draft a pro-rata erdinance to be considered at a later date. Councilman Morton seconded the motion; motion carried 7-0 with Mayor Pro Tem Wtlkerson, Councilmer PettiJohn, Morton, Smothermon, Cowman, Wolfe and Melson voting in favor of the motion. Item I7: Discussion and consideration of Paragon Cable performing a quality test demonstrating the service presently being provided cable TV subscribers in the City of Coppell is meeting and/or exceeding any operating standards set by the FCC and those currently used in the cable industry. Additionally, Paragon Cable will psy an outside engineer selected by the City a reasonable fee to interpret Paragon Cable's "proofs" if the City Council desires and/or deems necessary. Mr. Buz Nesbit was present to discuss this item with the Council. Mr. Nasbit indicated that Cesta will be taken on the head-in, half-way and at the end-line portions of the cable system. Additionally, Paragon now has split telephone numbers for billing, and for repair, to provide further service for Coppell citizens. Questions concerning testing on the feeder lines were directed to Mr. Nesbit who indicated that these teats could be conducted if the City so desired. Following further Page 7 of 11 discussion, Councilman Nelson moved that the City allow Paragon to provide the testing as indicated with coordination of testing to be conducted through the City Manager's office and that the testing include feeder lines fn addition to the head-in, half-way, and end-line tests. Councilman Wolfe seconded; motion carried 7-0 w~th Mayor Pro Tam Wilkerson, Councilmen Pettijohn, Morton, Smothermon, Cowman, Wolfe and Nelson voting in favor of the motion. Item 18: Discussion and consideration of approving an increase in the Paragon Cable franchise fee from 3% to 5% and instructing staff to prepare necessary ordinances and documents to accomplish said increase in franchise fee. Following discussion on this item, Councilman Nelson moved that the City increase the franchise fee from 3% to 5% for Paragon Cable TV and instruct the staff to prepare the necessary ordinances and documents for consideration at a later time. Councilman Cowman seconded the motion; motion carried 4-3 with Mayor Pro Tam Wtlkerson, Councilmen Cowman, Wolfe and Nelson voting in favor of the motion, and Councilmen PettiJohn, Morton, and Smotbermon voting against the motion. Item 19: Discussion and consideration of waiving the water bills for the Bethel Cemetery property. Ms. Ann McNear made the presentation to the Council on behalf of the Bethel Cemetery Association. Deputy City Manager/Finance Director Frank Trando indicated to the Council that it would be in violation of bond covenants to approve free service of water system to any resident within the City. During discussion of this item, Dr. Melvin Gross asked to he recognized from the audience and indicated that he would like to donate $50 to this cause and would work with the Association to provide funding for future utility bills. Following further discussion, Councilmen Nelson moved that any penalties and interest be removed from the bill a~d that another means cf funding be found for pa}~ent of the bill. Councilmen Pettijohn seconded; motion carried 7-0 with Mayor Pro Tam Wilkerson, Councilmen PettJjohn, Morton, Smothermon, Cowman, Wolfe and Nelson voting in favor of the motion. Item 20: Discussion and consideration of requests by Johnny Thompson for the City to: a. place Mr. Thompson's entire property in the floodway; b. 1957 annexation of Mr. Thomp$on's property in the City of Coppell; c. 1979 zoning request of Mr. Thompson of 7 ac. of an 8.293 ac. tract; d. allowance of 2 more metal buildings on Mr. Thompson's property annexed in 1986; e. platting amd security guard; and f. request for disannexation. Council~an PettiJohn spoke on behalf of the applicant. Nayor Duggan stated that he felt, that due to the high degree of involvement and emotionalism on the part of Councilman PettiJohn, that Councilman Pet~lJohn should remove himself from the Council on this item. Council~n PettiJohn indicated he would decline to do so. Discussion Page 8 of 11 was then held concerning the six (6) items listed under Item No. 20. Mr. Nathan Maier spoke on behalf of the applicant. City Attorney Larry Jackson spoke on behalf of the City and re-stated his opinion that the ]and in question is within the City limits of Coppell and that the entire 8.293 acre tract was zoned in 1979. Mr. Jackson also stated that a validating statute in 1975 erased any questions that might have arisen concerning annexation of the property into the City. No formal vote was taken on this item; however, consensus of the Council was that in order for Mr. Thompson to receive consideration on his request, the proper process would have to be followed. It was the consensus of the Council that Item A - would necessitate the Flood Plain issue be addressed, Item B - no question that Mr. Thompeon's property was annexed into the City ~n I957. Item C - The total 8.293 acres were zoned Light Industrial according to published notices, the agenda, end minutes of the City Council and Planning and Zoning meetings. Item D - additionel information is required concerning tbs two metal buildings before the City Council can act on this request. Item E - A variance would be required to allow a security guard to live on the premises; therefore, the proper process would have to be followed to allow this variance request. Item F - It was the consensus of Council that the City was mot in favor of dissnnexation of this property. Mayor Duggan reiterated Council's directive that staff is instructed to spend no additional manhours on this project until the proper papers have been filed with the City. Item 21: Discussion and consideration of a request for expedited process to receive approval for a minor ehange in floor plan, to relocate the restrooms, due to conditions discovered during construction. Approved Case #S-1034 for (C-SUP) commercial special uss permit for a restaurant with a private club/Gibbs Station. City Engineer Russell Doyle and Chief Building Official Dale Jackson were presen~ to discuss this item with the Council. Following discussion, Councilman Morton moved that the request be approved as stated iu the caption. Councilman Nelson seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen Pet:ijohn, Morton, Smothermon, Cowman, Wolfe and Nelson voting in favor of the motion. Item 22: Discussion and consideration of approval of a Smoking Ordinance and authorizing the Mayor to sign - requeeted by Councilman Morton. Councilman Morton stated thst he would like to withdraw consideration of this item end place it on a later Council meeting. Mayor Duggan declared this item withdrawn for consideration. Item 23: Discussion and consideration of approving a Budget Amendment Ordinance to the ~Y 1988-89 Budget and authorizing the Mayor to sign. Following discussion, on this item Councilman Smothermon moved that Ordinance 89-432 be approved and that the City Manager cost out the financing for a permanent Community Developer/Urban Planner including a Job description. Councilman Morton seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilksrson, Councilmen PettiJohn, Morton, Smothermon, Cowman, Wolfe and Nelson voting in favor of the motion. Page 9 of 11 CONSENT AGENDA ltem 24A: Discussion and consideration of approving an amendmeut to the Water & Sewer Rate Ordinance #$8-426 and authorizing the Mayor to sign. Item 24B: Discussion and consideration of approval of a Change Order (Change Order No. 2) for adding three additional median openings and five additional left turn lanes; and the west turnout of Parkway Boulevard at Denton Tap; to Denton Tap Road Improvements from Sandy Lake Road to Denton Creek as requested by AB0 Development Corporation and Univest Development Corporation and authorizing the Mayor to sign. Item 24C: Discussion and consideration of approval of use by the Coppell Lions Club the old municipal building located on Coppell Road and identified in the agreement executed August ll, 1987 between the City of Coppell and the Coppe11 Senior Citizens Association. Item 24D: Dl~cussion and consideration of approval of an ordinance amending Chapter 10 of the Code of Ordinances which concerns sign regulations and authorizing the Mayor to sig~. Item 24E: Discussion and consideration of entering into an agreement with TU Electric for installation of street lights on Beltline North/South and authorizing the Mayor to sign. Mayor Duggan indicated that Item No. 24B had been withdrawn for Council consideration and would be placed on a future Council agenda. Item No. 24C and 24D were withdrawn from the Consent Agenda to be discussed separately. Councilman Smothermon then moved that item 24A and 24E be approved as stated. Item 24A carries Ordinance No. 89-433 and authorizes the Mayor to sign. Councilman Morton seconded the motion; motion carried 7-0 with Mayor Pro Tom Wilkerson, Councilmen Pettijohn, Morton, Smotbermon, Co~rman, Wolfe and Nelson voting in favor of the motion. During discussion of Item No. 24C it was noted that the use of this building by the Lions Club is to be considered a temporary measure. Following discussion, Councilman Cowman moved that the City allow the Senior Citizens to approve the use of the Senior Citizen building by the Lions Club as stated in the lease agreement. Councilman Wolfe seconded the motion: motion carried 7-0 with Mayor Pro Tom Wilkerson, Councilmen Pettijohn, Morton, Smothermon, Cowman, Wolfe and Nelson voting in favor of the motion. During discussion on Item No. 24D the questions was raised as to whether or not Section 10-4-3 (L) read correctly that, a car that is being sold and is parked on the public right-of-way, the Ordinance prohibits a "For Sale" sign being placed in the vehicle. Council was informed by Chief Building Official Dale Jackson that this is the intent of the Ordinance and under the proposed regulations that this cannot be done. Following discussion, Councilman Smothermon moved that Ordinance No. 89-434 be approved and the Mayor authorized to sign. Councilman Cowman sacouded the motion; motion carried 6-1 Mayor Pro Tam Wflkeraon, Councilmen Morton, Smothermou, Cowman, Wolfe and Nelson voting in favor of the motion and Councilmen PettiJohn voting ageinst the motion. EXECUTIVE SESSION (Closed to the public) Item 25: Item 26: Article 6252-17, Section 2 (e) and (g) to discuss and obtain legal advice in regard to Water and Sewer service to newly annexed property subject of boundary agreement. Article 6252-17, Section 2 (f) discussion concerning the purchase, exchange, lease or value of real property. Page 10 of 11 Item 27: Article 6252-17, Senate Concurrent Resolution Number 83. Discussion with City Attorney concerning matter involving privileged comanunication between Attorney and client. Mayor Duggan declared the public session closed and convened into Executive Session on Wednesday, March 1, 1989, at 1:23 a.m. as allowed under the above recited articles. Mayor Duggan adjourned the Executive Session at 1:47 a.m. on March 1, 1989 and opened the public session. Open to the publi~ There being no further business to come before the Council the meeting was adjourned. ATTEST: Lou Duggan, Ma~or Dorothy Timmons, Cit~ Secretary MINUTES 022889 MNITS2 Page 11 of 11