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CM 2002-09-10MINUTES OF SEPTEMBER 10, 2002 The City Council of the City of Coppell met in Regular Called Session on Tuesday, September 10, 2002, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Candy Sheehan, Mayor Doug Stover, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Diana Raines, Councilmember Marsha Tunnell, Councilmember Dave Herring, 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, determined that a quorum was present and convened into Executive Session. EXECUTIVE SESSION {Closed to the Public) e Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Settlement Agreement with TXU on Franchise Fees. 2. Shea v. City of Coppell. Mayor Sheehan convened into Executive Session at 5:43 p.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive Session at 5:48 p.m. and opened the Work Session. CM091002 Page 4~1 of 4-17 WORK SESSION (Open to the Public) 3. Convene Work Session A. C. D. E. Discussion regarding Appointments to Boards Commissions. Discussion regarding Group Homes. Discussion regarding Royal Lane Construction. Discussion regarding City-owned land in Old Coppell. Discussion of Agenda Items. and REGULAR SESSION (Open to the Public) Mayor Sheehan convened back into Regular Session and introduced Robert Key, Vice-President of the CISD School Board, who announced the School Board had a quorum present and called their meeting to order. 4. Invocation. Mayor Pro Tem Stover led those present in the Invocation. Pledge of Allegiance. Mayor Sheehan led those present in the Pledge of Allegiance. 6. Presentation by CISD celebrating the American Character. Presentation: Vice-President Robert Key recognized the School Board members present: Dr. Arthur; President Deena Reeve; Kathy Gautille and Superintendent of Schools, Dr. Jeff Turner. Mr. Key presented a proclamation to celebrate the American Character. Ms. Gautille moved to approve the proclamation on behalf of the School Board. Dr. Arthur seconded the motion and it passed unanimously. Consider approval of a proclamation dedicating September 11, 2002 as ALWAYS REMEMBER 9-11 DAY, and authorizing the Mayor to sign. CM091002 Page 32 of 4~17 Presentation: Mayor Sheehan read the Proclamation for the record and presented the same to Matt Uppole and Tim Russell of the Coppell Fire Department and Debra O'Brien of the Coppell Police Department. Action: Councilmember Tunnell moved to approve a proclamation dedicating September 11, 2002 as ALWAYS REMEMBER 9-11 DAY, and authorizing the Mayor to sign. Mayor Pro Tem Stover seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York voting in favor of the motion. Consider approval of a proclamation namint[ the week of September 16 throutih 122, 12002 as CONSTITUTION WEEK, and authorizint; the Mayor to sitin. Presentation: Mayor Sheehan read the proclamation and presented the same to Andi Case and Beverly Smith. Action: Councilmember Peters moved to approve a proclamation naming the week of September 16 through 22, 2002 as CONSTITUTION WEEK, and authorizing the Mayor to sign. Councilmember Raines seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York voting in favor of the motion. Vice- President Robert Key adjourned the School Board at this time. Citizen's Appearances. There was no one signed up to speak under this item. CM091002 Page 4:3 of 4-17 CONSENT AGENDA 10. Action: Consider approval of the following consent agenda items: A. Consider approval of minutes: AuE~ust 27, 2002. Be Consider approval of an ordinance amending Section 8-1- 3 of the Code of Ordinances of the City of Coppell establishing 45 miles per hour as the maximum prima facie speed limit on the northbound State Highway 121 Frontage Road from Northpoint Drive to Denton Creek; and authorizing the Mayor to sign. Councilmember Tunnell moved to approve Consent Agenda Items A and B carrying Ordinance No. 2002-1006. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York voting in favor of the motion. 11. Consider appointments to City's Committees. Presentation: Mayor Sheehan read the list of proposed Work Session as follows: American Red Cross Nancy Yingling (2-year-regular) Diane Ebersberger (2-year-altrnate) Animal Services Appeals Board Dr. Reid Garfield (2-year-veterinarian) Board of Adjustment David Stonecipher (2-year-regular) Mark LeGros (2-year-regular) Robert Chomiak (2-year-regular) David Terry (2-year-alternate) Ronald Smith (2-year-alternate) Boards, Commissions and appointees as discussed in CM091002 Page 4:4 of 4:17 Conduct Review Board (All 1-year appointments) John Alda Frank DeMartino William Dolphin Norman Kressmann Marie Reed Beverly Stewardson Karen Williams Glen Bradshaw Rick Ellis Ronald Forest JoAnn Mendenhall Michael Vasquez Coppell Economic Development Committee Bill Rohloff (2-year-regular) Gary Roden (2-year-regular) Coppell Education Development Corporation Steve Brock (2-year-regular) Diane Ebersberger (2-year-regular) Valerie Strong (2-year-regular) Keep Coppell Beautiful Committee Lisa Cunov (2-year-regular) Rene' Lawson (2-year-regular) John Valentine (2-year-regular) John Dobson (1-year-regular) Steven Smith (1-year-regular) Library Board Student Advisers Katelyn Browne Chamonix Morejon Library Board Doug Glantz (2-year-regular) Charles Petty (2-year-regular) Tom Trahan (2-year-regular) Paul Tapscott (2-year-alternate) John Reenan (1-year-alternate) Parks and Recreation Board Victor Burke (2-year-regular) David Castillo (2-year-regular) Tracy Garman (2-year-regular) CM091002 Page 4:5 of 4:17 Steven Hafer (2-year-regular) Larry Jones (2-year-regular) Mark Tepper (2-year-regular) Scott Williams (2-year-regular) Mark Echerd (2-year-alternate) Greg Garcia (2-year-alternate) Planning and Zonin~ Commission Anna Kittrell (2-year-regular) Drew Halsey (2-year-regular) Lee Foreman (2-year-regular) Special Counsel Paul Tapscott Larry Jones Lori Sherwood James Walker Telecommunications Board Jack Leathers (2-year-regular) David Love (2-year-regular) Andy Oliver (2-year-regular) Mushti Prasad (2-year-regular) Todd Wilkerson (2-year-regular) Richard Racinskas (1-year-regular) William Tong (1-year-regular) Regional Transportation Task Force Steering Committee Dr. Bert Bryan Frank Morrasco Jack Rogers Cliff Long Nancy Wang Cynthia Parker Task Force Members Jeanne Heath Robert Key Cammilla Dillon Reg Allen Tim Bennett Glen Bradshaw CM091002 Page 4:6 of 4:17 Jeffrey Butler Sharon Clark Jason Crawford John Fridl Rick Garces David Gillis Bill Hinds Meg Kimberland Peter LeCody Bart McLeroy Steve Mobley William Morris Jim O'Brien Edward Ransom Mike Ridgley Cindy Stanley Tom Suhy Todd Turman Dornell Reese Tochi Osuji JoAnn Mendenhall Michael Vasquez Indira Singla Rex Carpenter Action: Mayor Pro Tem Stover moved to approve the appointments to the Boards/Commissions/Committees as read. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York voting in favor of the motion. 12. Consider approval of an Ordinance approvint[ and adoptint[ the budtiet for the City of Coppell for the Fiscal .Ye. ar October 1, 12002 throutih September 30, 12003, and authorizing the Mayor to sitin. Action: Councilmember York moved to approve Ordinance No. 2002-1007 approving and adopting the budget for the City of Coppell for the Fiscal Year October 1, 2002 through September 30, 2003, and authorizing the Mayor to sign. Councilmember Tunnell seconded the motion; the motion CM091002 Page 4:7 of 4-17 carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York voting in favor of the motion. 13. Consider approval of an Ordinance of the City of Coppell, Texas levyint; the Ad valorem taxes for the year 2002 at .6486/$100 taxable valuation of which .43296 for operations and maintenance and .21564 for interest and sinkint;, and authorizint; the Mayor to sitin. Action: Mayor Pro Tem Stover moved to approve Ordinance No. 2002-1008 levying the Ad valorem taxes for the year 2002 at .6486/$100 taxable valuation of which .43296 for operations and maintenance and .21564 for interest and sinking, and authorizing the Mayor to sign. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York voting in favor of the motion. 14. PUBLIC HEARING {CONTINUED}: Consider approval of text amendments to Chapter 12, Zonint;, of the Code of Ordinances, to provide a definition, regulations and districts permitted for tiroup homes. Presentation: Mayor Sheehan advised that this hearing remains open and advised that council would like to close the Public Hearing and remand the item back to the Planning & Zoning Commission to look at an ordinance for group homes with over six persons with two caregivers that are not covered by Texas code and/or the Federal Fair Housing Act. Action: Councilmember Tunnell moved to close the Public Hearing and remand this item back to the staff and Planning & Zoning Commission for further review. Councilmember York seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York voting in favor of the motion. CM091002 Page 4:8 of 4:17 15. PUBLIC HEARING: Consider approval of Case No. ZC-610(CH)/PD-198, zoninE chanEe request from C (Commercial) to PD-198-SF-7 (Planned Development- 198-SinEle-family-7), to recoEnize existinE residential sinEle-family uses on approximately nine acres of property located alonE Bullock and Howell Drives. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Public Hearinti: Mayor Sheehan opened the Public Hearing and asked for those who had signed up to speak on this proposal. Rich Pilone, 801 Howell Drive and Jerry Nisbett, 511 Beesley, Lewisville spoke in favor of the proposal. Action: Councilmember Peters moved to close the Public Hearing and approve Case No. ZC-610(CH)/PD-198, zoning change request from C (Commercial) to PD-198-SF-7 (Planned Development-198-Single-family- 7), to recognize existing residential single-family uses on approximately nine acres of property located along Bullock and Howell Drives; subject to the following conditions: 1) Use Regulations A building or premise shall be used only for the following purposes: A) Any use permitted in the SF-ED, SF-18, SF-12 or SF-9 districts; B) Home occupation; and C) Such uses as may be permitted under the provisions of special use permits in the Sections 12-30-5 and 12-30-6 of the Zoning Ordinance; 9.) Maximum height regulations The maximum height regulations will be 35 feet nor more than two-stories in height; CM091002 Page 39 of 4-17 Area regulations A) Minimum size of yards i) Front yard: 25 feet; ii) Side yard: Eight feet. Adjacent to a side street, 15 feet. Allowable non-residential uses, 25 feet; iii) Rear yard: 20 feet; B) Minimum size of lot: i) Lot area: 7,000-square feet; ii) Lot width: 65 feet; iii) Lot depth: 100 feet; Minimum dwelling size: 1,200-square feet, exclusive of garages, breezeways, and porches; Lot coverage: the combined area of the main buildings and accessory buildings may cover 40 percent of the total area; 6) Two off-street parking spaces shall be provided per dwelling unit; Type of Exterior Construction: A) All structures in existence at the time of this ordinance shall be considered conforming as to the masonry requirements; B) Additions to existing homes may be of similar material as the materials of the existing structures, subject to compliance with a current building code requirements; C) All new residential construction shall be as follows: at least 80 percent of the exterior walls of the first floor of all structures shall be of masonry construction exclusive of doors, windows, and the area above the top plate line. Each story above the first floor of a straight wall structure shall be at least 80 percent masonry exclusive of doors, windows and the area above the top plate line. All residential structures are deemed conforming. Construction of new homes shall adhere to the regulations as set forth herein. 9) The addresses of 101 and 103 Bullock not be included. Councilmember York seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York voting in favor of the motion. CM091002 Page 4~10 of 4~17 16. PUBLIC HEARING: Consider approval of Case No. S-1146R, 416 Bethel Road, zoning change request from HO-R-S-II46 {Historic Overlay- Retail-Special Use Permit-Il46) to HO-R-S-1146R {Historic Overlay-Retail-Special Use Permit-Il46 Revised) to allow the relocation, expansion and renovation of an existing storage building into a 256 square-foot office located north of the existing building at 416 Bethel Road. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Public Hearinti: Mayor Sheehan opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Peters moved to close the Public Hearing and approve Case No. S-1146R, 416 Bethel Road, zoning change request from HO-R-S-1146 (Historic Overlay-Retail-Special Use Permit-1146) to HO-R-S- 1146R (Historic Overlay-Retail-Special Use Permit- 1146 Revised) to allow the relocation, expansion and renovation of an existing storage building into a 256 square-foot office located north of the existing building at 416 Bethel Road; subject to the following conditions: Irrigated landscape area shall be provided as shown on the Site Plan. Specifically, landscaping shall be as follows: All vehicular pavement shall be screened from front and side property lines with a hedge at least 30 inches in height at the time of planting and consisting of a minimum of 30 plants. All plants shall be of the same variety, the plant variety to be one of the following: abelia, eleagnus, holly, nandina, or any draught resistant plantings per the attached Plant Palette. Fifteen plants shall be placed east of the driveway entrance, spaced at 3' on center. The other 15 plants shall be placed west of the driveway entrance, spaced at 3' on center. Plant CM091002 Page ill of il7 materials which die shall be replaced with plant material of the same variety and size. The development of the property shall be in accordance with the revised Site Plan. Councilmember York seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York voting in favor of the motion. 17. PUBLIC HEARING: Consider approval of Case No. S-1198R, Assured Self StoraEe, zoninE chanEe request from LI-S-1198 (LiEht Industrial-Special Use Permit-Il98) to LI-S-1198R (LiEht Industrial-Special Use Permit-Il98 Revised), to amend the site plan and increase the size of the mini-warehouse facility with on-premise use (caretakers quarters) to approximately 75,000-square feet on 4.83 acres of property located alonE the south side of Belt Line Road, approximately 4,100 feet east of MacArthur Boulevard. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council and advised that a 3/4 vote would be required to approve this item due to the opposition received. Walter Nelson, Applicant, made a presentation to the Council. Public Hearinti: Mayor Sheehan opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember York moved to close the Public Hearing and approve Case No. S-1198R, Assured Self Storage, zoning change request from LI-S-1198 (Light Industrial-Special Use Permit-il98) to LI-S-1198R (Light Industrial-Special Use Permit-il98 Revised), to amend the site plan and increase the size of the mini-warehouse facility with on-premise use (caretakers quarters) to approximately 75,000-square feet on 4.83 acres of property located along the south side of Belt Line Road, approximately 4,100 feet east of MacArthur Boulevard. Councilmember CM091002 Page 4:12 of 4:17 Raines seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York voting in favor of the motion. 18. Consider approval of the Assured Self Storage Addition, Lot 1, Block 1, Minor Plat, to allow the construction of an approximately 75,000 square-foot mini-warehouse facility with on-premise residential use (caretakers quarters} on 4.83 acres of property located along the south side of Belt Line Road, approximately 4,100 feet east of MacArthur Boulevard. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Action: Councilmember York moved to approve the Assured Self Storage Addition, Lot 1, Block 1, Minor Plat, to allow the construction of an approximately 75,000 square-foot mini-warehouse facility with on- premise residential use (caretakers quarters) on 4.83 acres of property located along the south side of Belt Line Road, approximately 4,100 feet east of MacArthur Boulevard. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York voting in favor of the motion. 19. PUBLIC HEARING: Consider approval of Case No. S-1188R, Pan Acean Noodle Shop & Grill, zoning change from C-S-1188 {Commercial-Special Use Permit-Il88) to C-S-1188R {Commercial-Special Use Permit- 1188 Revised), to allow an additional attached sign for the restaurant and private club to be located in the Coppell Crossing IV Shopping Center at 777 S. MacArthur Blvd. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. CM091002 Page 4:13 of 4:17 Public Hearinti: Mayor Sheehan opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Tunnell moved to close the Public Hearing and approve Case No. S-1188R, Pan Acean Noodle Shop & Grill, zoning change from C-S- 1188 (Commercial-Special Use Permit- 1188) to C-S- 1188R (Commercial-Special Use Permit-il88 Revised), to allow an additional attached sign for the restaurant and private club to be located in the Coppell Crossing IV Shopping Center at 777 S. MacArthur Blvd.; subject to the following conditions: 1) The hours of operation shall be Sunday through Saturday from 11 a.m. to 12 p.m. (midnight); The external illumination adjacent to the retail facility shall remain on during the hours of operation; and 3) The site shall be developed in accordance with the approved site plan, elevations, floor plan and revised sign plan. Councilmember York seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York voting in favor of the motion. 20. Consider approval of the Coppell Bible Fellowship, Site Plan, to allow the development of an approximately 20,000 square-foot church buildintl, indicatintl future expansion phases of approximately 52,750 square-feet, on 8.2 acres of property located at the southeast corner of Sandy Lake and State Roads. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Action: Councilmember York moved to approve the Coppell Bible Fellowship, Site Plan, to allow the development of an approximately 20,000 square-foot church building, indicating future expansion phases of approximately CM091002 Page $14 of $17 52,750 square-feet, on 8.2 acres of property located at the southeast corner of Sandy Lake and State Roads; subject to the following condition: The City's Landscape Manager's approval of the tree protection plan and tree removal permit prior to any construction on this site. Councilmember Herring seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York voting in favor of the motion. 21. Consider approval of the Coppell Bible Fellowship Addition, Lot 1, Block A, Minor Plat, to allow the development of an approximately 20,000 square-foot church buildint;, indicatint; future expansion phases of approximately 52,750-square feet on 8.2 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. Action: Councilmember York moved to approve the Coppell Bible Fellowship Addition, Lot 1, Block A, Minor Plat, to allow the development of an approximately 20,000 square-foot church building, indicating future expansion phases of approximately 52,750-square feet on 8.2 acres of property located at the southeast corner of Sandy Lake Road and State Road; subject to the following condition: Replatting of this property will be required when future phases are developed to extend the fire lanes. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York voting in favor of the motion. 22. Consider approval of an ordinance amendint[ the code of ordinances by amendint; Chapter 6, Article 6-12 for peddlers and solicitors by providint; a definition for canvassint;; by amendint; the circumstances which require non-charitable solicitations CM091002 Page 4:15 of 4:17 to obtain a permit; providing provisions for the requirements for permits; amending the provisions regarding the charitable solicitation requirements; providing for hours of solicitation or canvassing; providing for the posting of notice prohibiting solicitors, handbills, and/or canvassing; providing circumstances to permit and/or prohibit solicitation in the public right-of-way; providing for exemptions to the ordinance; providing a repealing clause; providing a severability clause; providing a savings clause; providing a penalty of fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense; providing an effective date, and authorizing the Mayor to sign. Presentation: City Attorney Robert Hager indicated that enforcement on this ordinance would not begin until December 1, 2002. Action: Councilmember York moved to approve Ordinance No. 2002-1009 amending the code of ordinances by amending Chapter 6, Article 6-2 for peddlers and solicitors by providing a definition for canvassing; by amending the circumstances which require non-charitable solicitations to obtain a permit; providing provisions for the requirements for permits; amending the provisions regarding the charitable solicitation requirements; providing for hours of solicitation or canvassing; providing for the posting of notice prohibiting solicitors, handbills, and/or canvassing; providing circumstances to permit and/or prohibit solicitation in the public right-of-way; providing for exemptions to the ordinance; providing a repealing clause; providing a severability clause; providing a savings clause; providing a penalty of fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense; providing an effective date, and authorizing the Mayor to sign. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York voting in favor of the motion. 23. Necessary action resulting from Work Session. There was no action necessary under this item. CM091002 Page 4:16 of 4:17 24. Mayor and Council Reports. A. Report by Mayor Sheehan Beautiful activities. B. Report by Mayor Sheehan Mobility Coalition. regarding Keep Coppell regarding Dallas Regional Report by Mayor Sheehan regarding Tex 21 meetings. Ao Mayor Sheehan reported that Amanda Vanhoosier, Community Programs Coordinator, and her staff had presented a great seminar for Water Wise Yard Wise; and announced that the Wildflower Planting would be Saturday, September 28 from 9 a.m. to 10 a.m. B° Mayor Sheehan advised she had attended a meeting of the Dallas Regional Mobility Coalition and they were thinking of putting a lower priority on HOV lanes; trucks traveling through cities was discussed; right-of-way issues were being looked at for the George W. Bush freeway on the section closest to Coppell; a first meeting is coming up on the DART subcommittee; and there is $3 million of federal funds available for getting children safely to school and Riverchase right-of-way and trails in Andy Brown Park West were being looked at. Mayor Sheehan announced she attended the Transportation Summit and she was impressed with the Tex 21 leadership. 25. Necessary Action Resulting from Executive Session. There was no action necessary under this item. There being no further business to come before the City Council, the meeting was adjourned. Candy sheeh n, Mayor ATTEST: ~'i~bl~3~ f3-aYf(~it3; ~-ecreta~y CM091002 Page 17 of 17