CM 2002-12-10MINUTES OF DECEMBER 10, 2002
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, December 10, 2002, at 5:00 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, 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, determined that a quorum was
present and convened into Joint Work Session with the Planning and Zoning
Commission.
WORK SESSION
(Open to the Public)
Convene Work Session
A. Joint Work Session with the Planninl/[
Commission regarding Old Coppell Land Use.
& Zonintl
ao
Greg McGahey, Chair, opened the Work Session for the Planning &
Zoning Commission.
Mayor Sheehan discussed the historical perspective of the Old
Coppell area.
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Jim Witt, City Manager, introduced Darrell Noga, City Attorney,
who discussed the history of land use and previous litigations on
land use.
Jim Witt, City Manager, introduced Sandy Lancaster and Harvey
Holden, DFW Airport. At this time Sandy Lancaster made a
presentation to the City Council and Planning & Zoning
Commission regarding land use issues and airport noise issues.
There was a call 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 6:45 p.m. as
allowed under the above-stated article. Mayor Sheehan adjourned
the Joint Work Session Executive Session at 6:55 p.m. and opened
the City Council Executive Session.
EXECUTIVE SESSION
(Closed to the Public)
Convene Executive Session
Section 551.071, Texas Government Code - Consultation
with City Attorney.
1.
2.
Update regarding Shea v. City of Coppell.
American Library Association v. United States; No.
02-361 pending before the U. S. Supreme Court
concerning filing of an amicus brief on behalf of
local governments.
Section 551.072, Texas Government Code - Deliberation
regarding Real Property.
1. Land Acquisition West of Denton Tap and South of
Bethel Road.
Mayor Sheehan convened into Executive Session at 6:58 p.m. as allowed
under the above-stated article. Mayor Sheehan adjourned the Executive
Session at 7:05 p.m. and opened the Work Session.
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WORK SESSION (Open to the Public)
Reconvene Work Session
A. Discussion regarding Fee Resolution
Ambulance Rates.
B. Discussion regarding Council Goals.
C. Discussion of Agenda Items.
amending
ao
This item will be discussed at a future City Council meeting.
There was a short discussion regarding Council Goals.
There was no discussion of Agenda Items.
REGULAR SESSION
Se
(Open to the Public)
Invocation.
Pastor Ken Hovland of the Rejoice Lutheran Church led those present in
the Invocation.
Pledge of Allegiance.
Mayor Sheehan led those present in the Pledge of Allegiance.
Consider approval of a proclamation naming the month of
December as COPPELL 1SD EDUCATION FOUNDATION MONTH,
and authorizing the Mayor to sign.
Presentation:
Mayor Sheehan read the Proclamation for the record and presented the
same to Lynn Vitek, Susie Kemp and Andi Case.
Action:
Mayor Pro Tem Stover moved to approve a proclamation naming the
month of December as COPPELL lSD EDUCATION FOUNDATION
MONTH, 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.
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Report by the Library Board.
Chris Reed, Chair, made the Committee's semi-annual report to the
Council.
Citizen's Appearances.
A. Steve Wright, 663 Glen Lakes, spoke in opposition of Items 12 and
13.
10.
Consider approval of the following consent agenda items:
A. Consider approval of minutes: November 12, 2002.
Consider approval of Addenda to CISD educational
development grants for: Literacy Support in the amount
of $50,391; English as a Second LanE'uage in the amount
of $39,429; and Elementary Spanish Teachers in the
amount of $10,473 and authorizing the City Manager to
sign.
Consider approval of a grant agreement from the Coppell
Education Development Corporation and the City of
Coppell to the Coppell Independent School District for
digital video equipment in the amount of $23,500 using
funds collected from the 379A sales tax; and authorizing
the City Manager to sign.
Consider approval of an ordinance amending the Code of
Ordinances of the City of Coppell Article 8-3, Sections 6
and 7 Truck Parking to prohibit parking, stopping or
standing at all times by vehicles with a rated capacity
over one and one-half tons on the north side of Bethel
Road from its point of intersection with Coppell Road
eastward to its point of intersection with Mitchell Street;
and authorizing the Mayor to sign.
Consider approval of a variance to the Coppell Code of
Ordinances Chapter 13, Appendix C Design Criteria and
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Standards, Section II Storm Sewers and Drainage,
paragraph B Engineering Design for the construction of
Bethel Road.
Fe
Consider approval of a Resolution approving a Tax
Abatement Agreement between the City of Coppell and
Texas Dugan Limited Partnership and The Container
Store, Inc., and authorizing the Mayor to sign.
Consider approval of an Economic Development Incentive
Agreement between the City of Coppell and The Container
Store, and authorizing the Mayor to sign.
He
Consider approval of an Economic Development Incentive
Agreement between the City of Coppell and Texas Dugan
Limited Partnership, and authorizing the Mayor to sign.
Consider approval of a Resolution approving a Tax
Abatement Agreement between the City of Coppell and
WashinEton Mutual Bank, FA, and authorizing the Mayor
to sign.
ae
Consider approval of the Interlocal Cooperation
Agreement to promote Library Services to Denton County
Residents, for which the city will be compensated
$10,784 for fiscal year 02/03 and authorizing the Mayor
to sign.
Consider approval of a Resolution urging the 78th Texas
Legislature to adopt initiatives to preserve Texas air
quality, enhance public health and promote economic
prosperity; and authorizing the Mayor to sign.
Items 10B and 10C were pulled due to a Conflict of Interest Affidavit filed by
Councilmember Raines.
Items A~ D~ E~ F~ G~ H~ I~ J and K:
Action:
Councilmember Tunnell moved to approve consent agenda items A, D
carrying Ordinance No. 2002-1024, E, F carrying Resolution
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2002-1210.1, G, H, I carrying Resolution No. 2002-1210.2, J and K
carrying Resolution No. 2002-1210.3. 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.
Councilmember Raines, having filed with the City Secretary a Conflict of
Interest Affidavit regarding Items B and C, left Council Chambers at this point.
Items B and C:
Action:
Councilmember Tunnell moved to approve Consent Agenda Items B and
C. Mayor Pro Tem Stover seconded the motion; the motion carried 6-0
with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters,
Tunnell, Herring and York voting in favor of the motion.
Councilmember Raines reentered Council Chambers and took her place at the
dais at this time.
11.
PUBLIC HEARING:
Consider approval of Case No. S-1203, CiCi's Pizza, zoning
change request from C {Commercial} to C-S-1203 {Commercial-
Special Use Permit-1203}, to allow a 4,231 square-foot
restaurant at 120 S. Denton Tap Road, Suite 170.
Presentation:
Gary Sieb, Director of Planning and Economic Development, made a
presentation to 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-1203, CiCi's Pizza, zoning change request from C
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(Commercial) to C-S-1203 (Commercial-Special Use Permit-1203), to
allow a 4,231 square-foot restaurant at 120 S. Denton Tap Road, Suite
170 with the following conditions:
The site shall be developed in accordance with the site plan, floor
plan and sign plan.
2. The hours of operation shall not exceed 11 a.m. to 10 p.m.
Saturday through Thursday and 11 a.m. to 11 p.m. on Friday.
Councilmember Peters seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Tunnell,
Herring and York voting in favor of the motion.
12.
Consider approval of the MacArthur Vista Center, Lot 1, Block
A, Site Plan, to allow the development of an approximate
10,048 square-foot office/retail/medical building on 1.409
acres of property located along the east side of MacArthur
Blvd., south of Denton Creek.
Presentation:
Gary Sieb, Director of Planning and Economic Development, made a
presentation to Council.
Alan Hinkley, 12201 Barrett Drive, Suite 170, Dallas, Applicant, made a
presentation to Council and answered questions from Council.
Randy Daniels, 4320 N. Beltline, Irving, Architect, answered questions
from Council.
Ken Griffin, Director of Engineering, answered questions from Council.
Action:
Councilmember York moved to approve the MacArthur Vista Center, Lot
1, Block A, Site Plan, to allow the development of an approximate 10,048
square-foot office/retail/medical building on 1.409 acres of property
located along the east side of MacArthur Blvd., south of Denton Creek
with the following conditions:
1. A solid, minimum six-foot high masonry screening wall being
constructed along the east property line of this tract, as required
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by the Zoning Ordinance. (The Commission indicated support of
Council's fencing option.)
The monument sign should identify the center itself as opposed to
individual tenants.
3. The dumpster enclosure abides by all zoning requirements.
Councilmember Raines seconded the motion; the motion carried 6-1 with
Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Tunnell,
and York voting in favor of the motion and Councilmember Herring
voting against the motion.
13.
Consider approval of the MacArthur Vista Center, Lot 1, Block
A, Minor Plat, to allow the development of an approximate
10,048 square-foot office/retail/medical buildint; on 1.409
acres of property located alont[ the east side of MacArthur
Blvd., south of Denton Creek.
Presentation:
Gary Sieb, Director of Planning and Economic Development, made a
presentation to Council.
Action:
Councilmember York moved to approve the MacArthur Vista Center, Lot
1, Block A, Minor Plat, to allow the development of an approximate
10,048 square-foot office/retail/medical building on 1.409 acres of
property located along the east side of MacArthur Blvd., south of Denton
Creek with the following conditions:
The Volume and Page numbers of the 15-foot utility easement be
indicated on the plat.
2 The easements for Oncor facilities be indicated on the plat.
Councilmember Raines seconded the motion; the motion carried 6-1 with
Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Tunnell,
and York voting in favor of the motion and Councilmember Herring
voting against the motion.
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14.
Consider approval of the IAAM, Inc., Addition, Lot 1, Block 1,
Site Plan Amendment, to allow the construction of covered
parkint; over 68 existint; parkint; spaces on 4.377 acres of
property located at the southeast corner of Fritz Drive and I.H.
635 (636 Fritz Drive).
Presentation:
Gary Sieb, Director of Planning and Economic Development, made a
presentation to Council.
Action:
Councilmember York moved to approve the IAAM, Inc., Addition, Lot 1,
Block 1, Site Plan Amendment, to allow the construction of covered
parking over 68 existing parking spaces on 4.377 acres of property
located at the southeast corner of Fritz Drive and I.H. 635 (636 Fritz
Drive with the following condition:
Adherence to Section 12-34-6 (Maintenance) of the Coppell
Comprehensive Zoning Ordinance which addresses the question of
maintaining all landscape materials.
Councilmember Peters seconded the motion; the motion passed 7-0 with
Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines,
Tunnell, Herring and York voting in favor of the motion.
Councilmember York recused himself from Council Chambers at this time due
to the fact that he had filed an Affidavit of Recusal with the City Secretary.
15.
Consider approval of an Ordinance for Case No. S-1174R,
Deliman's Grille, zonint; chantie from PD-133-HC (Planned
Development- 133-Hitihway Commercial) to PD- 133 R4-H C-
S.U.P- 1174R (Planned Development- 133 R4-Hitihway
Commercial, Special Use Permit-1174R), to amend various
development standards of the Planned Development and to
allow the construction of an approximate 3,649 square-foot
restaurant with a drive-throutih pick-up window and private
club, to be located alonE the west side of Denton Tap Road,
approximately 204 feet north of Natches Trace; and
authorizint; the Mayor to sitin.
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Action:
Councilmember Tunnell moved to approve Ordinance No. 91500-A-342
for Case No. S-1174R, Deliman's Grille, zoning change from PD-133-HC
(Planned Development-133-Highway Commercial) to PD-133R4-HC-
S.U.P- 1174R (Planned Development- 133R4-Highway Commercial,
Special Use Permit-1174R), to amend various development standards of
the Planned Development and to allow the construction of an
approximate 3,649 square-foot restaurant with a drive-through pick-up
window and private club, to be located along the west side of Denton Tap
Road, approximately 204 feet north of Natches Trace; and authorizing
the Mayor to sign. Councilmember Peters seconded the motion; the
motion passed 5-1 with Councilmembers Brancheau, Peters, Raines,
Tunnell and Herring voting in favor of the motion, and Mayor Pro Tem
Stover voting against the motion.
Councilmember York reentered Council Chambers and took his place at the
dais at this time.
16.
Consider approval of an 18-month extension of time as it
applies to the expiration date of the Site Plan Amendment for
Lot 1R, Block 2, of Gateway Business Park (Haverty's}.
Presentation:
Gary Sieb, Director of Planning and Economic Development, made a
presentation to Council.
Action:
Councilmember Tunnell moved to approve an 18-month extension of
time as it applies to the expiration date of the Site Plan Amendment for
Lot iR, Block 2, of Gateway Business Park (Haverty's). Councilmember
York seconded the motion; the motion passed 7-0 with Mayor Pro Tem
Stover and Councilmembers Brancheau, Peters, Raines, Tunnell,
Herring, and York voting in favor of the motion.
17.
Consider approval of bid no. (~-1002-01 for the installation of a
creek crossinl/[ at Wal/ion Wheel Park, to Green Scapinl/[ in an
amount not to exceed $245,534.50 and authorizinl/[ the
President of the CRDC to sil/in a contract based on this award.
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Presentation:
Brad Reid, Interim Director of Parks and Recreation, made a
presentation to Council.
Action:
Mayor Pro Tem Stover moved to approve bid no. Q-1002-01 for the
installation of a creek crossing at Wagon Wheel Park, to Green Scaping
in an amount not to exceed $245,534.50 and authorizing the President of
the CRDC to sign a contract based on this award. Councilmember York
seconded the motion; the motion passed 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 awardint; Bid/Contract #(~-0902-01 to
Green Scapint; in the amount of $135,737 for the construction
of the Riverchase Elevated Sidewalk as provided for in CRDC
funds and by Carrollton-Farmers Branch 1SD; and authorizint;
the City Manatier to sitin.
Presentation:
Ken Griffin, Director of Engineering, made a presentation to Council.
Action:
Councilmember Tunnell moved to approve awarding Bid/Contract
#Q-0902-01 to Green Scaping in the amount of $135,737 for the
construction of the Riverchase Elevated Sidewalk as provided for in
CRDC funds and by Carrollton-Farmers Branch lSD; and authorizing the
City Manager to sign. 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.
19.
Consider approval of an ordinance retiardint[ TXU Gas
Distribution's settlement offer to chantie rates within the
corporate city limits of the City of Coppell, and authorizint; the
Mayor to sitin.
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Presentation:
Jim Witt, City Manager, made a presentation to Council.
Action:
Councilmember York moved to approve Ordinance No. 2002-1025
regarding TXU Gas Distribution's settlement offer to change rates within
the corporate city limits of the City of Coppell, 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.
20.
Consider approval of the Coppell Recreation Development
Corporation Officers for 2002-2003 as follows: President,
Victor Burke; Vice President, Stephen Haler; Secretary, Mark
Tepper.
Action:
Mayor Pro Tem Stover moved to approve the Coppell Recreation
Development Corporation Officers for 2002-2003 as follows: President,
Victor Burke; Vice President, Stephen Hafer; Secretary, Mark Tepper.
Councilmember York seconded the motion; the motion passed 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 resitination of Sam Clark from the
Plannint; and Zonint; Commission and consider appointment of
a replacement.
Action:
Councilmember Tunnell moved to approve the resignation of Sam Clark
from the Planning and Zoning Commission and appoint Dornell Reese,
Jr., subject to Mr. Reese's final acceptance, to fill the remainder of the
term. Councilmember Herring seconded the motion; the motion passed
7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters,
Raines, Tunnell, Herring and York voting in favor of the motion.
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22. Necessary action resultintl from Work Session.
There was no action necessary at this time.
23.
Mayor and Council Reports.
A. Report by Mayor Sheehan
Be
Ce
De
retlardintl Dallas Retlional
Mobility Coalition - DART and Lel/iislative committee
reports.
Report by Mayor Sheehan retlardintl holiday activities in
Coppell.
Report by Councilmember Peters retlardintl the TEX-21
(~uarterly Meetinl/[.
Report by Councilmember Tunnell retlardintl National
League of Cities Conference.
ao
Mayor Sheehan reported on a meeting that she and Clay Phillips
attended last week regarding the subcommittees of DRMC
discussing DART and Legislative reports. For the next Legislative
Session, the City of Coppell has supported flexibility and different
opportunities for Cities who are non-members of DART or any
transit authority to become members. The City of Coppell is not
taking a stand on any legislation at this point, since we do not
know what the legislation says.
Bo
Mayor Sheehan reported on the huge success of the holiday
activities in Coppell and thanked the Parks and Recreation
Department for all their hard work on the event.
Co
Councilmember Peters reported on the November 22nd TEX-21
Quarterly Meeting that she attended. Funding and the Trans-
Texas Corridor were discussed. Access Management is still in the
Public Hearings stage and no decision has been made at this time.
Do
Councilmember Tunnell reported on the National League of Cities
Conference she attended with Councilmembers Brancheau and
York. The biggest issue discussed at the Conference was
Homeland Security and the lack of funding for the first line
responders. There was also discussion on promoting public
interest in attending City Council meetings, Budget Hearing
meetings, etc.
There was a call for an Executive Session at this time.
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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 8:44 p.m. as
allowed under the above-stated article. Mayor Sheehan adjourned
the Executive Session at 8:51 p.m. and reopened the Regular
Session.
REGULAR SESSION
(Open to the Public)
24. Necessary Action Resulting from Executive Session.
Presentation:
Robert Hager, City Attorney, made a presentation to Council.
Action:
Mayor Pro Tem Stover moved to approve Resolution No. 2002-1210.4
supporting the submission of an Amicus Brief in support of Cities to
determine locally the decisions regarding filtering of pornographic,
obscene and material harmful to minors; and providing an effective date.
Councilmember Peters seconded the motion; the motion passed 7-0 with
Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines,
Tunnell, Herring and York voting in favor of the motion.
There being no further business to come before the City Council, the meeting
was adjourned.
ATTEST:
on, Deputy City Secretary
C~f~y ~h-~eh~--~Mayor
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