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CC excerpt from 7/9/96 mtg.13. PUBLIC ItF..ARINC. (Continuation from June 11, 1996) Consider approval of Case No. ?.C-$90. Property To,st Partnership, zoning change from SF-12 (Single Family-Ll) to TC Crown Center), on I acre of property located on the north side of Sandy Lake Road, approximately 379 feet east of Denton Tap Road. Mayor Pro Tem Mayo reminded those pre~e~t that this Public Hearing continues from the June 11, 1996 Council meeting. Gary Sieb, Director of Planning and Community Service. z, made a pre.~.atation to the Council. Mayor Pro Tern Mayo announced that the Council would adjourn into Executive Se.~on. FX~CU'FIV~ ~glON (Closed to the public) Convene Executive Session A. Section $51.071, Texas Government Code - Consultation with City Attorney. Mayor Pro Tern Mayo convened into Executive Se,tsion at 7:56 p.m. as allowed under ~ above-stated article. Mayor Pm Tern Mayo adjourned the Executive Session at 8:03 p.m. and RRC-UI.AR ,gl~'.g,gION (Open to the Public) Mayor Pm Tern Mayo advised that Item 14 would also be discussed. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council regarding the plat of Iran 14. Mayor Pm Tern Mayo aslaxi for those persons wishing to speak regarding this proposal. Bill Freda, 161 Dickens Drive, pre~nted Council with copie~ of Duns Financial Profile dated July 5, 1996 and the Dunn and Bradstreet Bnsine~ Information Report~ dated ~uly 8, 1996 and the credit wonhine,ss of Randall's~om Thumb; Kathy Vint, 10~ Diclams, addressed the Council (during which slidez were shown) regarding concerns of safety and traffic including truck Waffic entering only from Denton Tap and not Sandy Lak~ Road, the 6-foot screening wall, unsecured power boxes and leaky equipment, bread carts, open 220-volt boxes, noise abatement and air pollution; Bob Vint, 105 Dickens, spoke in opposition to this proposal; Jim McCown, 109 Dickens, expre,ssed his anger and disappointment regarding the proposal and presented a petition to Council; Debm Dezendorf, 468 Shadowcrest, voiced her concerns regarding this proposal; and Don Roberts, 175 Highland Meadow Circle, addressed Council concerning his reservations regarding this proposal. Kevin Caldwell, representing the developer Ewing Properties, made a presentation and addressed questions of Council. Ken Griffin, Assistant City Manager/City Engineer, answered inquiries regarding roadway traffic. Harold Spiegel, consulting arborist, answered questions concerning the tree preservation. The developer was asked by Council to address the requests of the Chaucer Estates homeowners. The developer stated that the dock area could be moved to the north side; that the dumpster would remain where current plans show; that the back of the building could be bricked; and the setback cannot be increa.~t by cutting off a portion of the building on the south side. Councilmember Sturges requested an Executive Session. ~XECUTIVE ~a~S~ON (Closed to the public) Convene Executive Session A. Section ~51.071, Texas Government Code - Consultation with City Attorney. Mayor Pro Tern Mayo convened into Executive Session at 9:44 p.m. a~ allowed under the above-stated at, cie. Mayor Pro Tem Mayo adjourned the Executive ~ at 9:53 p.m. and I~F. GUI.AR ,qE,q,qION (Open to the Public) Mayor Pro Tern Mayo reconvened Regular Se~ion and advised that a five-minute rece~ would be beld. Mayor Pro Tern Mayo continued with con~/e~ation of Item 13. Co~ln~.mber Sturges moved to do~e the Public Heating and ,~,ov¢ Cue No. 7C-590. change from SF-12 (Single Fmnily-12) to TC flown Center), on I acre of property located on the north ~ of Sandy Lak~ Road, approximately 379 feet east of Denton Tap Ro~d, ~ubject to the following condition~: 1) adequate screening for utility air conditioning unit~ located on top of the building; 2) utility boxes or unit~ at the rear of the building muat be painted to m~_¢h the color of the building when possible; 3) the hours of loading and unloading will not be allowed from 10:00 p.m. to 6:00 a.m. daily; 4) the developer will make sure that trees that can be ~aved are properly fenced off, with temporary chain link fences, at the drip line and protected during the construction phase; 5) additional tree landsc~ing at the northwest comer of the property as shown on the ~ite plan; 6) all new and remaining ~ landscapi~ will be kept in a healthy and growing condition and any dead or dying tree~ are to be promptly replaced for a period of three year~ after the issuance of a CO at a 1-3 ratio with three inches being the minimum; Developer will meet with the City to discuss transplanting Uees before development on the site; 8) an eight-foot brick wall will be built behind the shopping center on the ea.~t side. Councilmember Sheehan seconded the motion; the motion carded 4-2 with Mayor Pro Tern Mayo and Councilmembers Sturges and Sheehan voting in favor of the motion and Councilmember~ Alexander and Robertson voting against the motion. Councilmember Tunnell abstained from voting on ~ proposal which counted a~ an affirmative vote.