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CP 2004-03-09 NOTICE OF CITY COUNCIL MEETING AND AGENDA MARCH 9, 2004 DOUG STOVER, JAYNE PETERS, Place 2 Mayor Mayor Pro Tem TIM BRANCHEAU, Place 1 BILLY FAUGHT, Place 5 DIANA RAINES, Place 3 THOM SUHY, Place 6 MARSHA TUNNELL, Place 4 BILL YORK, Place 7 JIM WITT, City Manager MEETING TIME AND PLACE: Call to Order 5:30 p.m. Council Chambers (Open to the Public) Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public) Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public) Regular Session 7:00 p.m. Council Chambers (Open to the Public) Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session on Tuesday, March 9, 2004, at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:00 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The City of Coppell reser ves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: ITEM # ITEM DESCRIPTION REGULAR SESSION (Open to the Public) 1. Call to order. ag030904 Page 1 of 5 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.072, Texas Government Code - Deliberation regarding Real Proper ty. 1. Discussion regarding the sale of city proper ty east of Coppell Road and south of Bethel Road. 2. Discussion regarding the sale of city proper ty east of Freepor t Parkway and south of Bethel Road. WORK SESSION (Open to the Public) 3. Convene Work Session A. Presentation by the Coppell Baseball Association. B. Presentation by the Coppell Far mers' Market. C. Discussion regarding School Finance and Cities. D. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Invocation. 5. Pledge of Allegiance. 6. PROCLAMATIONS: A. Consider approval of a proclamation naming the week of March 8-12 Texas Public Schools Week, and authorizing the Mayor to sign. B. Consider approval of a proclamation naming March 18, 2004 Absolutely Incredible Kid Day and authorizing the Mayor to sign. C. Consider approval of a proclamation honoring Eagle Scout Taylor Johnson, and authorizing the Mayor to sign. D. Consider approval of a proclamation naming the week of March 21- 27, 2004 as Poison Prevention Week, and authorizing the Mayor to sign. E. Consider approval of a proclamation naming March 17, 2004 Dublin, Ireland Day in Coppell, and authorizing the Mayor to sign. 7. Presentation by representative from American Cancer Society regarding Relay for Life in Coppell. ag030904 Page 2 of 5 ITEM # ITEM DESCRIPTION 8. Citizen's Appearances. CONSENT AGENDA 9. Consider approval of the following consent agenda items: A. Consider approval of minutes: Februar y 24, 2004. B. Consider approval of an Ordinance to amend Ordinance No. 92-547 for the abandonment of a por tion of Bethel School Road; and authorizing the Mayor to sign. END OF CONSENT 10. PUBLIC HEARING: Consider approval of a Resolution to establish a schedule of drainage charges against all real proper ty within the City of Coppell for the funding of the Municipal Drainage Utility Systems Ordinance No. 2004-1070; and authorizing the Mayor to sign. 11. PUBLIC HEARING: Consider approval of Case No. S-1213, Roly Poly Sandwiches, zoning change request from C (Commercial) to C-S-1213 (Commercial-Special Use Permit-1213), to allow a 1,470 square-foot restaurant at 120 S. Denton Tap Road, Suite 150A. 12. PUBLIC HEARING: Consider approval of the Vista Ridge Addition, Lot 1A and 1B, Block D, being a replat of Lot 1, Block D of the Vista Ridge Addition, to allow the subdivision of this 22.59 acre tract of proper ty into two lots, located at the nor theast corner of Denton Tap Road and S.H. 121. 13. Consider approval of the Champions School of Real Estate, Lot 1, Block 1, Site Plan Amendment, to allow one additional 20 square-foot sign on the west elevation of the existing 6,293 square-foot office building on 1.3 acres of proper ty located at the southeast corner of N. Denton Tap Road and Natches Trace Drive. 14. Consider approval of the Hidden Valley, Final Plat, to allow a 16-lot single- family subdivision on 7.3 acres of proper ty zoned PD-106-SF-9, located along the southerly extension of Hidden Valley Road. 15. Necessary action resulting from Work Session. ag030904 Page 3 of 5 ITEM # ITEM DESCRIPTION 16. City Manager's Repor t. A. Gold Metal Award from Texas Recreation Park Society. B. Telly Awards for Women's Self-Defense PSA and National Night Out PSA. 17. Mayor and Council Repor ts. A. Repor t by Mayor Stover regarding school finance meeting with Senators Harris and Shapiro. B. Repor t by Mayor Stover regarding Family Fish. C. Repor t by Mayor Stover regarding early voting for the School Board election in May. D. Repor t by Councilmember Tunnell regarding National League of Cities. 18. Necessary Action Resulting from Executive Session. Adjournment. ____________________________________ Douglas N. Stover, Mayor CERTIFICATE I cer tify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this _________ day of _________________, 2004, at __________________. ____________________________________ Libby Ball, City Secretar y DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC DOCUMENTS, COUNCIL PACKETS. ag030904 Page 4 of 5 ITEM # ITEM DESCRIPTION ag030904 Page 5 of 5 PUBLIC NOTICES STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE NO. 95724 Carrying of a concealed handgun on these premises or at any official political meeting in the City of Coppell is illegal. Es ilegal llevar consigo un arma de fuego oculta, adentro de este edificio, o en cualquier junta oficial de politica en la ciudad de Coppell. KEY TO COUNCIL GOALS ICONS 2004 Economic Development • Focus on development "Hot Spots" • Develop comprehensive business retention plan • Develop partnerships to revitalize vacant retail properties • Make next level decisions on Old Coppell Quality Public Facilities & Infrastructure • Maintain and increase IMF funding as required • Maintain quality of public facilities • Provide quality park and recreation activities for all • Strategically plan for community's future water needs Excellent City Services & High Citizen Satisfaction • Finalize assessment of Fire Department needs • Focus on employee retention • Timely responsiveness with quality delivery of service • Provide for feedback opportunities for and input from citizens Sense of Community • Develop and support community special events • Develop and support activities and programs for teens • Create opportunities for citizen involvement • Assess and finalize decision on community cemetery Fiscal Stability • Continue systematic reduction and management of debt • Continue and improve financial planning and forecasting • Ensure community can financially maintain what had been developed • Continue to diversify the City's tax base Neighborhood Integrity • Focus on code enforcement • Proactively monitor neighborhoods • Develop a communication plan with Home Owner Associations • Update Master Plan and zoning to ensure consistency Effective Transportation • Reduce traffic congestion • Make policy decisions on regional transportation/DART • Support transortation issues related to air quality • Continue public education on regional transportation issues Safe Community • Maintain and improve on existing safety levels • Raise awareness and support for Homeland Security • Provide quality public safety education programs • Enhance traffic control efforts DATE: March 9, 2004 ITEM #: ES-2 AGENDA REQUEST FORM EXECUTIVE SESSION A. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Discussion regarding sale of city property east of Coppell Road and south of Bethel Road. 2. Discussion regarding the sale of city property east of Freeport Parkway and south of Bethel Road. Agenda Request Form - Revised 02/04 Document Name: %executivesession DATE: March 9, 2004 ITEM #: WS-3 AGENDA REQUEST FORM WORK SESSION A. Presentation by the Coppell Baseball Association. B. Presentation by the Coppell Farmers' Market. C. Discussion regarding School Finance and Cities. D. Discussion of Agenda Items. Agenda Request Form - Revised 02/04 Document Name: %worksession DEPT: City Manager DATE: March 9, 2004 ITEM #: 6/A AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a proclamation naming the week of March 8-12 Texas Public Schools Week, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 02/04 Document Name: !ISDs PROCLAMATION WHEREAS, this year marks 150 years of public schools in the state of Texas; and WHEREAS, the Texas public school system has contributed continuously and substantially to the progressive social, economic, and moral development of the state of Texas, and to the public interest of all Texas citizens; and WHEREAS, Coppell Independent School District (CISD), Carrollton-Farmers Branch Independent School District (CFBISD), and Lewisville Independent School District (LISD) are the cornerstone of continued economic development and quality of life in our community; and WHEREAS, “ Texas Public Schools . . . Educating with Heart” has been designated as this year’s theme for Texas Public Schools Week to underscore the commitment and partnerships required to continue the success of schools in our community. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell, Dallas County, Texas, do hereby proclaim the week of March 8-12, 2004 as "TEXAS PUBLIC SCHOOLS WEEK" and urge all citizens to reaffirm their commitment to our schools, taking time during this week to visit our schools or finding ways to contribute their support to the future of our young people. IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be affixed this _______ day of March 2004. ___________________________________ Douglas N. Stover, Mayor ATTEST: ___________________________________ Libby Ball, City Secretary DEPT: City Manager DATE: March 9, 2004 ITEM #: 6/B AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a proclamation naming March 18, 2004 ABSOLUTELY INCREDIBLE KID DAY and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: !KidDay PROCLAMATION WHEREAS, March 18, 2004 has been declared by Camp Fire USA, a national youth development organization, Absolutely Incredible Kid Day®; and WHEREAS, Camp Fire USA commemorates its eighth annual Absolutely Incredible Kid Day® on this date; and WHEREAS, as part of the celebration of children on this day, adults are encouraged to send letters of love and appreciation to young people in their lives; and WHEREAS, as the Camp Fire USA mission pledges a firm commitment to building caring, confident youth and future leaders, an extension of that commitment is handed to caring adults through this event to express their feelings in a letter or note which has the profound ability to make a lasting and positive impact on the children in our country. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do hereby proclaim March 18, 2004 as "ABSOLUTELY INCREDIBLE KID DAY®" and urge all adults – moms and dads, grandparents, aunts and uncles, teachers, mentors and other adults alike – to participate in Absolutely Incredible Kid Day® and make a difference in the life of a child. Camp Fire USA encourages all adults to compose a letter on this Absolutely Incredible Kid Day® and deliver them to the children of Coppell on March 18, 2004. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this _____ day of March 2004. ___________________________________ Douglas N. Stover, Mayor ATTEST: ______________________________ Libby Ball, City Secretary DEPT: City Manager DATE: March 9, 2004 ITEM #: 6/C AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a proclamation honoring Eagle Scout Taylor Johnson, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 02/04 Document Name: !EagleScout PROCLAMATION WHEREAS, Eagle Scout is the highest rank a Boy Scout may achieve and it requires hard work and lengthy preparation; and WHEREAS, Taylor Johnson of Boy Scout Troop 577 has fulfilled the requirements and passed the Board of Review to become an Eagle Scout; and WHEREAS, Taylor earned 26 Merit Badges that included among others salesmanship, American culture, environmental science, emergency preparedness, and citizenship in the community; and WHEREAS, the service project that Taylor initiated consisted of organizing and managing a group of scouts who passed out fliers in their neighborhoods in search of used sports equipment. Taylor then collected the equipment and sorted, cleaned and repaired everything, and donated it to the Larry Johnson Recreation Center that helps get kids off the streets; and WHEREAS, the image of Coppell is positively advanced through the success and achievements of this young man, who has exhibited initiative, dedication, and perseverance. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, on behalf of the City Council, do hereby congratulate Taylor Johnson for achieving the rank of Eagle Scout, and recognize him as a solid citizen and future leader of tomorrow. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this _______ day of March 2004. _________________________________ Douglas N. Stover, Mayor ATTEST: __________________________ Libby Ball, City Secretary DEPT: City Manager DATE: March 9, 2004 ITEM #: 6/D AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a proclamation naming the week of March 21-27, 2004 as POISON PREVENTION WEEK, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 02/04 Document Name: !Poison PROCLAMATION WHEREAS, our society has become increasingly dependent on household chemicals to perform labor-saving, time-saving miracles, and on medicine to provide health-giving, life-sustaining benefits; and WHEREAS, these products, when not used as intended or directed, may be hazardous, particularly if children gain access to them; and WHEREAS, over the past 42 years, the nation has been observing Poison Prevention Week to call attention to these hazards and how proper handling and disposal of these substances and proper use of safety packaging can help eliminate them; and WHEREAS, the efforts of our community organizations, complemented by the efforts of the North Texas Poison Center, have reduced childhood poisonings in Coppell, Texas; and WHEREAS, the North Texas Poison Center, a regional poison center located at Parkland Health and Hospital System, provides the ultimate in human service programming, immediate, accessible emergency information to save lives of victims of poison-related emergencies; and WHEREAS, these programs must continue as long as even one child swallows a household product or medicine by mistake. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do hereby proclaim the week of March 21-27, 2004 as "POISON PREVENTION WEEK" in the city of Coppell. Further, I direct the appropriate agencies in our local government to continue their cooperation with concerned citizens and community organizations, including our schools, to develop programs which will alert our people to the continued danger of misusing medicines and household products, and to promote effective safeguards against accidental poisonings among young children. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this _____ day of March 2004. _________________________________________ Douglas N. Stover, Mayor ATTEST: _____________________________ Libby Ball, City Secretary DEPT: City Manager DATE: March 9, 2004 ITEM #: 6/E AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a proclamation naming March 17, 2004 DUBLIN, IRELAND DAY IN COPPELL, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 02/04 Document Name: !Dublin PROCLAMATION WHEREAS, The Right Honorable Lord Mayor of Dublin has graciously invited the Coppell High School Band to participate in the St. Patrick’s Day Parade in Dublin, Ireland; and WHEREAS, the Mayor and City Council of Coppell, Texas would like to express their sincere appreciation for this honor and thank The Lord Mayor for his city’s hospitality; and WHEREAS, 280 band members along with their friends and families are traveling to Dublin to represent the Coppell Independent School District and the city of Coppell; and WHEREAS, the interaction between our communities and their citizens will advance international understanding and camaraderie through this exchange of music, friendship and ideas during the St. Patrick’s Day festivities in your great city. NOW, THEREFORE, I, Thom Suhy, Honorable Council Member for the city of Coppell, do hereby declare March 17, 2004 as DUBLIN, IRELAND DAY IN COPPELL IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be affixed this _______ day of March 2004. _________________________________ Thom Suhy, Honorable Council Member ATTEST: __________________________ Libby Ball, City Secretary DEPT: City Manager DATE: March 9, 2004 ITEM #: 7 AGENDA REQUEST FORM ITEM CAPTION: Presentation by representative from American Cancer Society regarding Relay for Life in Coppell. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 02/04 Document Name: !Cancer DATE: March 9, 2004 ITEM #: 8 AGENDA REQUEST FORM CITIZENS' APPEARANCES ORDINANCE NO. 2001-964 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting City Council Meetings," be, and the same is hereby, amended to read as follows: "ARTICLE 1-10 RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS ". . . 1-10-6.2.1 CITIZENS APPEARANCE Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12). Agenda Request Form - Revised 09/02 Document Name: %citapp.doc DEPT: City Secretary DATE: March 9, 2004 ITEM #: 9/A AGENDA REQUEST FORM ITEM CAPTION: Consider approval of minutes: February 24, 2004. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 02/04 Document Name: %minutes CM022404 Page 1 of 8 MINUTES OF FEBRUARY 24, 2004 The City Council of the City of Coppell met in Regular Called Session on Tuesday, February 24, 2004, at 6:00 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor Jayne Peters, Mayor Pro Tem Tim Brancheau, Councilmember Diana Raines, Councilmember Billy Faught, Councilmember Thom Suhy, Councilmember Bill York, Councilmember Councilmember Tunnell was absent from the meeting. Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert Hager. PRIOR TO THE MEETING BEING CALLED TO ORDER, THERE WAS A RECEPTION FOR RETIRING FIRE CHIEF BOB KRUSE IN THE TOWN CENTER ATRIUM FROM 4:30 PM TO 6:00 PM REGULAR SESSION (Open to the Public) 1. Call to order. Mayor Stover called the meeting to order, determined that a quorum was present and convened into Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Discussion regarding the sale of city property east of Coppell Road and south of Bethel Road. 2. Discussion regarding the sale of city property east of Freeport Parkway and south of Bethel Road. CM022404 Page 2 of 8 Mayor Stover convened into Executive Session at 6:11 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 6:30 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Entryway Monuments. B. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Invocation. Councilmember Bill York led those present in the Invocation. At this time Mayor Stover recognized Boy Scout Troop 840 and Boy Scout Troop 841 who were present in the audience. 5. Pledge of Allegiance. Mr. Jeff Tepper, Boy Scout, led those present in the Pledge of Allegiance. 6. Consider approval of a proclamation honoring Bruce Jensen for his service on the Coppell Independent School Board, and authorizing the Mayor to sign. Presentation: Mayor Stover read the Proclamation for the record and presented the same to Bruce Jensen. Action: Councilmember York moved to approve a Proclamation honoring Bruce Jensen for his service on the Coppell Independent School Board, and authorizing the Mayor to sign. Councilmember Faught seconded the motion, the motion carried 6-0 with Mayor Pro Tem Peters and CM022404 Page 3 of 8 Councilmembers Brancheau, Raines, Faught, Suhy and York voting in favor of the motion. 7. Consider approval of a proclamation naming the month of March 2004 Red Cross Month and the week of February 29 through March 6, 2004 as Severe Weather Awareness Week, and authorizing the Mayor to sign. Presentation: Mayor Stover read the Proclamation for the record and presented the same to Elizabeth Hernadez and Amber Stewart. Action: Councilmember Faught moved to approve a Proclamation naming the month of March 2004 Red Cross Month and the week of February 29 through March 6, 2004 as Severe Weather Awareness Week, and authorizing the Mayor to sign. Councilmember Suhy seconded the motion, the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Faught, Suhy and York voting in favor of the motion. 8. Consider approval of a proclamation naming March 1, 2004 Junior Achievement Day, and authorizing the Mayor Pro Tem to sign. Presentation: Mayor Pro Tem Peters read the Proclamation for the record and presented the same to Mayor Doug Stover. Action: Councilmember Suhy moved to approve a Proclamation naming March 1, 2004 Junior Achievement Day, and authorizing the Mayor Pro Tem to sign. Councilmember Faught seconded the motion, the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Faught, Suhy and York voting in favor of the motion. CM022404 Page 4 of 8 9. Presentation and recognition of the first graduating class of the Coppell Citizens Emergency Response Team (C-CERT) by John Patterson, Emergency Management Officer. Presentation: John Patterson, Emergency Management Officer, made a presentation to the Council and introduced the team. 10. Citizen's Appearances. There was no one signed up to speak under this item. 11. Consider approval of minutes: February 10, 2004. Action: Mayor Pro Tem Peters moved to approve the minutes from the February10, 2004 City Council meeting. Councilmember York seconded the motion, the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Faught, Suhy and York voting in favor of the motion. 12. Presentation by Raymond Turco regarding the results of a Recreation Needs Assessment Survey conducted in December 2003. Presentation: Raymond Turco, Raymond Turco and Associates, made a presentation to Council. 13. PUBLIC HEARING (continued): Consider approval of Case No. PD-199-HC, Vista Point II, MacArthur Ridge, zoning change from HC (Highway Commercial) to PD-199-HC (Planned Development-199-Highway Commercial) with a Concept Plan to allow the development six office/assembly/warehouse buildings, totaling approximately 200,000 square feet, and five retail/restaurant pad sites on CM022404 Page 5 of 8 approximately 26 acres of property located at the southwest corner of S.H. 121 and MacArthur Blvd. Presentation: Bennett Ratliff, representing the applicant, made a presentation to Council. Public Hearing: Mayor Stover advised that the Public Hearing remained open from the February 10, 2004 City Council meeting and asked for all those wishing to speak on this item to come forward. The following spoke in favor of Item 13: Dan Anderson, 2728 N. Harwood. The following spoke in opposition of Item 13: Richard Scott, 708 Bent Tree; Weike Tao, 656 W. Peninsula Drive; Charles Brown, 735 Northshore Court; Sharla Myers, 664 W. Peninsula; George Mitchell, 669 Peninsula; Ann Dragon, 727 Bent Tree Court; Mitch Kramer, 621 Cambridge Manor; Steve McAdams, 345 Waterview Drive; and Ben Carruthers, 739 Northshore Court. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session Section 551.071, Texas Government Code – Consultation with City Attorney. Mayor Stover convened into Executive Session at 9:17 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 9:45 p.m. and reopened the Regular Session. REGULAR SESSION (Open to the Public) Action: Councilmember York moved to continue the Public Hearing to the April13, 2004 City Council meeting and address Council's concerns as polled. Mayor Pro Tem Peters seconded the motion, the motion carried CM022404 Page 6 of 8 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Faught, Suhy and York voting in favor of the motion. 14. PUBLIC HEARING (continued): Consider approval of Case No. S-1211, Service Star, zoning change from PD-199-HC (Planned Development-199-Highway Commercial) to PD-199-HC-S-1211 (Planned Development-199- Highway Commercial-Special Use Permit-1211), to allow the development of Auto Repair Garage, Car Wash, Convenience Store and Gasoline Service Station on approximately 2 acres of property located at the southwest corner of S.H. 121 and MacArthur Blvd. Action: Mayor Pro Tem Peters moved to continue the Public Hearing on Item Number 14 until the April 13, 2004 City Council Meeting. Councilmember Raines seconded the motion, the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Faught, Suhy and York voting in favor of the motion. 15. Necessary action resulting from Work Session. There was no action necessary under this item. 16. Mayor and Council Reports. A. Report by Mayor Stover regarding Leadership Coppell. B. Report by Mayor Stover regarding CPAC. C. Report by Mayor Stover regarding Coppell Historic Society meeting. D. Report by Councilmember Suhy regarding Coppell Youth Leadership. A. Mayor Stover reported on the current Leadership Coppell group. B. Mayor Stover announced that CPAC (Coppell Police Academy) will meet on Thursday, February 26th at 7:00 p.m. at the Justice Center and invited all Councilmembers to join him in welcoming the new class. C. Mayor Stover announced that he had informed Jean Murph that the Coppell Historic Meeting would be postponed. CM022404 Page 7 of 8 D. Councilmember Suhy updated Council on the class project for the Coppell Youth Leadership – There are 18 seniors being helped by the Juniors Helping Seniors project this year. 17. Council Committee Reports. A. Carrollton/Farmers Branch ISD/Lewisville ISD - Councilmember Suhy. B. Coppell ISD - Councilmembers Raines and York. C. Coppell Seniors - Councilmember York. D. Dallas Regional Mobility Coalition - Mayor Pro Tem Peters. E. Economic Development Committee - Mayor Pro Tem Peters and Councilmember Brancheau. F. Metrocrest Hospital Authority - Councilmember Tunnell. G. Metrocrest Social Service Center - Councilmember Brancheau. H. North Texas Council of Governments - Councilmember Tunnell. I. North Texas Commission - Councilmember Tunnell. J. Senior Adult Services - Councilmember Suhy. K. Town Center/Architectural Committee - Councilmember Faught. L. Trinity River Common Vision Commission - Councilmember Faught. M. Trinity Trail Advisory Commission - Councilmember Raines. A. There was nothing to report on this item. B. Councilmember York announced that at the School Board election this year there will be three (3) open seats and one (1) incumbent that will rerun for the School Board in May 2004. Councilmember York also asked Councilmember Raines to discuss the new Portal Program. Councilmember Raines explained that this is a new program that gives all parents of students in the Coppell Independent School District the opportunity to log in to the website for all lesson plans, grades, etc. for their children. Councilmember Raines also announced that Senator Florence Shapiro will be attending a School Finance meeting in the Commons Area of Coppell High School on Wednesday, February 25th. C. Councilmember York announced that Wednesday, February 25th will be the monthly potluck luncheon at the Senior Center and CM022404 Page 8 of 8 since he will not be able to attend the luncheon Councilmember York invited any Councilmember to attend. D. There was nothing to report on this item. E. There was nothing to report on this item. F. There was nothing to report on this item. G. Councilmember Brancheau announced that the Metrocrest Social Service Center met last week and he stated what a wonderful group the Metrocrest Social Service Center is and how hard they work. H. There was nothing to report on this item. I. There was nothing to report on this item. J. There was nothing to report on this item. K. There was nothing to report on this item. L. There was nothing to report on this item. 18. Necessary Action Resulting from Executive Session. Action: Councilmember Suhy moved to extend consideration of an award of Bid for the sale of real property located at the Southeast corner of Bethel Road and Freeport Parkway until March 23, 2004. Councilmember Faught seconded the motion, the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Faught, Suhy and York voting in favor of the motion. There being no further business to come before the City Council, the meeting was adjourned. ___________________________ Douglas N. Stover, Mayor ATTEST: ______________________________________ Libby Ball, City Secretary DEPT: Engineering Department DATE: March 9, 2004 ITEM #: 9/B AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance to amend Ordinance No. 92-547 for the abandonment of a portion of Bethel School Road; and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: The approval of this ordinance will amend Ordinance No. 92-547 to correct the abandonment of a tract of land to the Ruby McDowell property, in lieu of Carmen and Street. Staff will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: Agenda Request Form - Revised 02/04 Document Name: #BethelSchOrd-1AG "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Kenneth M. Griffin, P.E., Director of Engineering/Public Works Date: March 9, 2004 RE: Consider approval of an Ordinance to amend Ordinance No. 92-547 for the abandonment of a portion of Bethel School Road; and authorizing the Mayor to sign. On April 14, 1992 City Council approved Ordinance No. 92-547 which abandoned a portion of Bethel School Road from Bethel Road to the Big Cedar subdivision. The 1992 abandonment of Bethel School Road had three exhibits attached to the ordinance. Exhibit ‘B’ was north of the Ruby McDowell property and on the west side of Bethel School Road. It was abandoned to Carmen and Street, which later platted the Big Cedar subdivision and included the abandonment within the platted area of the subdivision. Exhibit ‘C’ ran from the north line of the Ruby McDowell property to the north right-of-way line of Bethel School Road. It was abandoned to Ruby McDowell and will be included in that property once the property is redeveloped and platted. Exhibit ‘A’ was a 20-foot wide area of Bethel School Road north of the Ruby McDowell property and on the east side of Bethel School Road. All correspondence concerning the abandonment of a portion of Bethel School Road from 1992 very clearly stated that the 20-foot strip, Exhibit ‘A’, was to be abandoned to Ruby McDowell. Even the filed plat of Big Cedar denotes the 20-foot area and states “20-foot strip to be abandoned by the City to adjacent landowner to the south”. Again, the adjacent landowner to the south is Ruby McDowell. However, when the ordinance was prepared, Section 1 of No. 92-547 states that the tracts of land described in Exhibits ‘A’ and ‘B’ were abandoned to Carmen and Street. Section 2 states that only the tract of land described in Exhibit ‘C’ was abandoned to Ruby McDowell. The error in the ordinance takes place in the abandonment of the tract of land described by Exhibit ‘A’ to Carmen and Street. That section of land was intended to be abandoned to Ruby McDowell. Even after the abandonment, the City required that a mountable curb be installed at the cul-de- sac in the Big Cedar subdivision and that turf stones, able to support the weight of an emergency vehicle, be installed immediately adjacent to the curb to provide for emergency access to the Ruby McDowell property. That access, along with the turf stones, is still in place. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" One of the concerns and reason for the stipulations of having access to the north, to the Ruby McDowell property, was that the bridge to the south of her property was a substandard bridge. Potentially, during times of flooding the bridge could be under water and as such there would be no opportunity for emergency access to the property. This error in Ordinance No. 92-547 was recently brought to our attention when an inquiry was made by a property owner in the Big Cedar addition about including the 20-foot in their property. The person who inquired about the inclusion of the property was told that the 20-foot was intended to be abandoned to the property owner to the south and that there was a correctable error in the original ordinance. I have been in contact with Bob Hagar and he has prepared an ordinance to amend Ordinance No. 92-547 by amending Section 1 to correct the error. Section 1 will now only state that the tract of land described in Exhibit ‘B’ was abandoned to Carmen and Street and Section 2 will be revised to state that the tracts of land described in Exhibits ‘A’ and ‘C’ were abandoned to Ruby McDowell. With this memo, I have provided a copy of my memo to Bob Hagar requesting that an ordinance be prepared to rectify the original error. I have also provided a copy of the original agenda request and a copy of Ordinance No. 92-547. Unfortunately, as can be seen from the original agenda request, I was here in 1992 and did approve the original ordinance as submitted to Council. I apologize for the error in the original ordinance. Staff supports the approval of an ordinance to amend Ordinance No. 92-547 to correct the abandonment of a tract of land described in Exhibit ‘A’ to Ruby McDowell, in lieu of Carmen and Street. Staff will be available to answer any questions at the Council meeting. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Bob Hager, City Attorney From: Kenneth M. Griffin, P.E., Dir. of Engineering/Public Works Date: February 12, 2004 RE: Ordinance No. 92-547 In April 1992, City Council approved Ordinance No. 92-547 for the abandonment of a portion of Bethel School Road. The ordinance abandoned the roadway to the adjacent property owners; one property owner being Carmen and Street and one being Ruby McDowell. There were three exhibits attached to the ordinance. Section 1 of the ordinance abandoned Exhibit ‘A’ and ‘B’ to Carmen and Street and Section 2 abandoned Exhibit ‘C’ to Ruby McDowell. It appears that the area of land shown in Exhibit ‘B’ was incorporated into the Big Cedar Addition plat. The intent at the time was that the area of land shown in Exhibit ‘A’ would be abandoned to the McDowell tract and become part of their property for access to the north. You may recall that there is a substandard bridge to the south that would isolate this property in the event of a large flood. The original abandonment of Bethel School was conditioned on the fact that there would be emergency access to the north. Actually, when Big Cedar Addition was developed there were turf pavers placed off the cul-de-sac of Harris Road to allow for access to the McDowell tract. Now for the problem: The area of land described in Exhibit ‘A’ was never incorporated into any tract of land and is currently shown on the tax records as belonging to the City of Coppell. The property owner of Lot 1, Big Cedar Addition has approached the City about acquiring the land described in Exhibit ‘A’ to incorporate into his tract of land. However, upon my review of the documents from 1992, it was very obvious that that 20-foot area of land was supposed to be abandoned to Ruby McDowell, not to Carmen and Street. As previously stated, Ordinance No. 92-547 abandoned the area to Carmen and Street; however, they did not incorporate it into their Big Cedar Addition. I have included a copy of what is called the “McDowell access exhibit” which shows that the road would be closed and the 20-foot strip of land would be abandoned by the City to the property owner to the south. I have also included a letter from Matthew Goodwin, who was the engineer for Carmen and Street in 1991 for the Big Cedar Addition, which very clearly states in the third sentence that the first exhibit was for a 20-foot strip to be deeded back to Mrs. Ruby McDowell. Attached to that letter in 1991 is an exhibit of what came to be known as Exhibit ‘A’ in the ordinance. While this might sound complicated, it appears that there is a simple solution. The intent all along was that the 20-foot area was to be deeded back to the Ruby McDowell tract for emergency access to the north. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" It is my opinion that Ordinance No. 92-547 needs to be amended in Section 1 to state that only Exhibit ‘B’ was deeded back to Carmen and Street and Exhibit ‘A’ was deeded to Ruby McDowell. If legally that is not as simple a solution as I laid out, then if the land is currently shown as the City of Coppell’s land, can we legally at this time deed it back to Ruby McDowell, even though the prior 1992 ordinance stated that it was deeded to Carmen and Street? This issue needs to be resolved in a timely manner because of the fact that the property owner of Lot 1 Big Cedar Addition is pressuring the City to allow him to take that land into his property. If in fact we did legally deed it to Carmen and Street, then an error has been made and the property owned by Ruby McDowell has been isolated with only one point of access from the south. With this memo I am providing attachments of all documentation and requesting that once you have had time to review it you provide me with the approach the City should take to rectify the oversight in 1992, which deeded property to the wrong property owner. Once I have your response, I will respond back to the current property owner of Lot 1, Big Cedar Addition as to his ability to purchase and/or incorporate the 20-foot access easement into his lot. I look forward to hearing from you in the near future on this issue. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO.____________________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS AMENDING ORDINANCE NO. 92-547 BY AMENDING SECTION 1 TO CORRECT AN ERROR FOR THE ABANDONMENT OF A PORTION OF BETHEL SCHOOL ROAD TO PROVIDE FOR THE ABANDONMENT IN FAVOR OF CARMEN & STREET AND BY AMENDING SECTION 2 OF SAID ORDINANCE TO CORRECT AN ERROR FOR THE ABANDONMENT OF A PORTION OF BETHEL SCHOOL ROAD TO PROVIDE FOR THE ABANDONMENT IN FAVOR OF RUBY MCDOWELL; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on or about April 14, 1992, the City Council passed Ordinance No. 92- 547 providing for abandonment of certain street right-of-way and the closing of a portion of Bethel School Road; and WHEREAS, said ordinance also provided for the quitclaiming of such property to the adjacent property owners; and WHEREAS, in reviewing the ordinance and the exhibits attached thereto, it has been determined that the property described in Exhibit “A,” which is attached and incorporated herein by reference, was incorrectly deeded to Carmen & Street; and WHEREAS, the City Council has determined that Ordinance No. 92-547 should be amended to resolve the incorrect deeding of the property described in Exhibit “A” from Carmen & Street to Ruby McDowell; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Ordinance No. 92-547 by amending Section 1 to provide for the land described in Exhibit “B” be in favor of Carmen & Street and by amending Section 2 to provide for the land described in Exhibits “A” and “C” to be in favor of Ruby McDowell, which shall read as follows: “SECTION 1. Pursuant to Article 1175(5), as amended, and the Charter of the City of Coppell, Texas, the tract of land described in Exhibit “B,” which is attached hereto and made part hereof, be and the same is hereby abandoned, vacated and closed insofar as the right, title and easement for public street purposes are concerned and that such abandonment be in favor of Carmen & Street, a Texas Partnership, the abutting property owner and owner of the underlying fee simple to said property. . . . . . SECTION 2. Pursuant to Article 1175(5), as amended, and the Charter of the City of Coppell, Texas, the tract of land described in Exhibits “A” and “C” which are attached hereto and made part hereof, be and the same is hereby abandoned, vacated and closed insofar as the right, title and easement for public street purposes are concerned and that such abandonment be in favor of Ruby McDowell, the abutting property owner and owner of the underlying fee simple to said property. . . . .” SECTION 2. That all provisions of the ordinances and resolutions of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any word, phrase, paragraph, section or phrase of this ordinance or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4. That this Ordinance shall take effect immediately from and after its passage and publication, as the law and charter is such cases provide. DULY PASSED by the City Council of Coppell, Texas, this ______day of ________, 2004. APPROVED: ______________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ______________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ________________________________ ROBERT HAGER, CITY ATTORNEY (REH/cdb 3/1/04) DEPT: Engineering Department DATE: March 9, 20004 ITEM #: 10 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of a Resolution to establish a schedule of drainage charges against all real property within the City of Coppell for the funding of the Municipal Drainage Utility Systems Ordinance No. 2004-1070; and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: The approval of this resolution will establish a schedule of drainage charges against all property within the City for the funding of the Municipal Drainage Utility System. Staff will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: Agenda Request Form - Revised 02/04 Document Name: #DUDFeeResolution-1AG "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Kenneth M. Griffin, P.E., Director of Engineering/Public Works Date: March 9, 2004 RE: PUBLIC HEARING Consider approval of a Resolution to establish a schedule of drainage charges against all real property within the City of Coppell for the funding of the Municipal Drainage Utility Systems Ordinance No. 2004-1070; and authorizing the Mayor to sign. On January 27, 2004 a public hearing was held to discuss an amendment to the City of Coppell’s Code of Ordinances to establish a Municipal Drainage Utility System. After the close of the public hearing, City Council approved Ordinance No. 2004-1070 which amended Chapter 9 of the Code of Ordinances by adding Sections 9-22-1 through 9-22-5. Section 9-22-1 established the Municipal Drainage Utility System. Section 9-22-3 authorized the City to establish a schedule of drainage charges against all real property within the City. Section 9-22-5 established the criteria by which all real property within the City of Coppell would be assessed under the Municipal Drainage Utility System. That section also stated that the drainage charges shall be adopted by resolution. The item before you this evening is a public hearing to gather input prior to the approval of the resolution that establishes charges associated with the Municipal Drainage Utility System. The resolution is attached which details the proposed fees for various zoning classifications and uses within the City of Coppell. I am also including a table which summarizes the charges for the various uses within the City of Coppell. The fees collected under the Municipal Drainage Utility System will be used to offset the City’s cost to be in compliance with the Phase II requirements as established by the Texas Commission on Environmental Quality (TCEQ). One of the first items to be addressed will be updating our GIS system to include all the storm sewer map information. Previous information has been provided that outlines a 5-year schedule that the City is preparing for it’s Phase II compliance. In addition to updating the GIS storm system information, in year one there will be efforts in the areas of: public education and outreach; public involvement and participation; illicit discharge detection and elimination; pollution prevention/good house keeping for municipal operations; construction site stormwater controls; and post construction stormwater management for new development/redevelopment. Staff recommends approval of the resolution to establish a schedule of drainage charges against all real property within the City of Coppell for the funding of the Municipal Drainage Utility Systems Ordinance No 2004-1070. Staff will be available to answer any questions at the Council meeting. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" Section 9-22-5. Drainage charges Recommended Fee (Rounded to the nearest $5 increment) (1) Residential Property a. Single-family $1/per unit b. Multi-family $7/per acre w/ minimum fee of $5 and maximum fee of $75 (2) Commercial/Industrial a. $8/per acre b. $9/per impervious acre c. w/ minimum fee of $5 and maximum fee of $75 (3) Day Care Centers / Churches a. $7/per acre b. $9/per impervious acre c. w/ minimum fee of $5 and maximum fee of $75 RESOLUTION NO. ________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS TO ESTABLISH A SCHEDULE OF DRAINAGE CHARGES AGAINST ALL REAL PROPERTY WITHIN THE CITY OF COPPELL FOR THE FUNDING OF THE MUNICIPAL DRAINAGE UTILITY SYSTEMS ORDINANCE NO. 2004-1070. WHEREAS, the City Council of the City of Coppell, Texas, previously adopted Ordinance No. 2004-1070 to provide for the establishment of a municipal drainage utility system; and WHEREAS, the City Council of the City of Coppell desires to establish appropriate, reasonable and necessary charges as set forth therein; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1.That a schedule of drainage charges as shown herein shall be adopted by separate resolution by amending Resolution No. 0109963, The Master Fee Schedule, in part, by adding a schedule of drainage charges to Chapter 9, Coppell City Code, Article 9-22, Section 9- 22-5, which shall read as follows: “ Sec. 9-22-5. Drainage charges. . . . (1) Residential Property. a. Single-family zoned property. . . . $1/per unit b. Multi-family zoned property. . . . $7/per acre with Minimum Fee of $5 and Maximum Fee of $75 (2) Commercial/Industrial property. a. . . . . . . $8/per acre b. . . . $9/per impervious acre c. . . . Minimum Fee of $5 and Maximum Fee of $75 (3) Day Care Center / Church. a. . . . . . . $7/per acre b. . . . $9/per impervious acre c. . . . Minimum Fee of $5 and Maximum Fee of $75 . . . .” SECTION 2.That all provisions of the Ordinance No. 2004-1070 and of the City of Coppell, Texas, in conflict with the provisions of this resolution be, and the same are hereby, repealed, and all other provisions of Ordinance No. 2004-1070 and of the Ordinances of the City not in conflict with the provisions of this resolution shall remain in full force and effect. SECTION 3.That should any word, phrase, paragraph, or section of this resolution be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this resolution as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the resolution as a whole. SECTION 4.That this resolution shall take effect immediately from and after its passage and publication as the law and charter in such cases provide. DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this the _______ day of _______________, 2004. APPROVED: DOUGLAS N. STOVER, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY DEPT: Planning DATE: March 9, 2004 ITEM #: 11 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. S-1213, Roly Poly Sandwiches, zoning change request from C (Commercial) to C- S-1213 (Commercial-Special Use Permit-1213), to allow a 1,470 square-foot restaurant at 120 S. Denton Tap Road, Suite 150A. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: February 19, 2004 Decision of P&Z Commission: Approved (5-0) with Commissioners Milosevich, Kittrell, Halsey, Borchgardt and Foreman voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) The site shall be developed in accordance with the attached site plan, floor plan and sign plan. 2) The hours of operation shall not exceed 6 a.m. to 11 p.m. seven days a week. Staff recommends approval. Agenda Request Form - Revised 02/04 Document Name: @1S-1213, Roly Poly 1-AR Item #5 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: S-1213, Roly Poly Sandwiches P & Z HEARING DATE: February 19, 2004 C.C. HEARING DATE: March 9, 2004 STAFF REP.: Marcie Diamond, Assistant Planning Director LOCATION: 120 S. Denton Tap Road, Suite 150A SIZE OF AREA: 1,470 square-foot restaurant CURRENT ZONING: C (Commercial) REQUEST: C-S-1213 (Commercial, Special Use Permit-1213) to allow a sandwich shop. APPLICANT: Terry Weaver 637 Heather Wood Drive Grapevine, Texas 76051 (469) 222-6398 FAX: (972) 745-2992 HISTORY: In 1985, Town Oaks Centre was developed with a Minyard Grocery Store as the anchor tenant. Minyards closed this location in the spring of 2001. The remainder of the center contains a mix of retail, medical office, and restaurant uses. SUP’s for La Chalet (now closed) and Slider and Blues/C.J./Kelly’s have been approved in this shopping center. In December 2002, Council approved the SUP for CiCi’s 4,231square-foot pizza restaurant in this shopping center. Item #5 Page 2 of 3 TRANSPORTATION:Denton Tap Road is a P6D, six-lane divided thoroughfare contained within a 100-120-foot right-of-way. SURROUNDING LAND USE & ZONING: North- Town Center Shopping Center (Tom Thumb); TC (Town Center) South -Braewood Center; C (Commercial) East - Braewood West Addition; SF-7 (Single Family-7) West - Mobil Gas Station and McDonalds; R (Retail) COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for neighborhood retail uses. DISCUSSION: The applicant desires to open a Roly Poly Sandwich shop in the lease space abutting CiCi’s Pizza to the north. The proposed 1,470 square-foot restaurant will have a seating capacity of 24. The hours of operation are proposed not to exceed 6 a.m. to 11 p.m. seven days a week. When a new restaurant locates in an existing shopping center, in a lease space that was not previously used for a restaurant, a parking analysis is required to assure that there is sufficient parking. This restaurant will require 15 parking spaces, versus 7 that would be required if this was a retail use. The attached analysis indicates that at full occupancy, there will still be an excess of 10 parking spaces in this shopping center. This lease space will have approximately 19.5 feet of frontage on Denton Tap Road; therefore, the proposed 19.5 square-foot sign would be permitted. The color of the individually-mounted letters (no raceway) will match the shade of white of the existing signage. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of S-1213 for Roly Poly Restaurant, subject to the following conditions: 1) The site shall be developed in accordance with the site plan, floor plan and sign plan. 2) The hours of operation shall not exceed 6 a.m. to 11 p.m. seven days a week. Item #5 Page 3 of 3 ALTERNATIVES 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) Site Plan with Parking Analysis 2) Floor Plan 3) Sign Plan 4) Sample menu DEPT: Planning DATE: March 9, 2004 ITEM #: 12 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of the Vista Ridge Addition, Lot 1A and 1B, Block D, being a replat of Lot 1, Block D of the Vista Ridge Addition, to allow the subdivision of this 22.59 acre tract of property into two lots, located at the northeast corner of Denton Tap Road and S.H. 121. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: February 19, 2004 Decision of P&Z Commission: Approved (5-0) with Commissioners Milosevich, Kittrell, Halsey, Borchgardt and Foreman voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) Before this replat can be developed, further platting will be required to show fire lanes, R-0-W’s , etc. 2) Change note on face of plat (assuming Lot 1A will be developed as currently approved) to state additional platting will be required prior to development of Lot 1B, Block D. 3) Discuss and determine utility service with our Engineering Department. Staff recommends approval. Agenda Request Form - Revised 02/04 Document Name: @2Vista Ridge Rpl 1-AR Item #7 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Vista Ridge Addition, Lots 1A&1B, Block D, Replat P & Z HEARING DATE: February 19, 2004 C.C. HEARING DATE: March 9, 2004 STAFF REP.: Gary L. Sieb, Planning Director LOCATION: Northeast corner of Denton Tap Road and S.H. 121. SIZE OF AREA: 22.59 acres of property. CURRENT ZONING: HC (Highway Commercial) REQUEST: Replat a 22.5 acre lot into two lots; one containing 14.8 acres, and the other containing 7.7 acres of property. APPLICANT: Owner: Texas Health Systems Centex Land Holdings 5750 Pineland 2728 N. Harwood Suite 100 Dallas, TX. 75210 Dallas, TX. 75231 (214) 981-6709 (817) 462-6131 FAX (214) 981-6888 FAX (817) 462-7124 Engineer: Dowdey, Anderson and Assoc., Inc. Guillermo Juarez 5225 Village Creek Dr. Suite 200 Plano, TX. 75093 (972) 931-0694 FAX (972) 931-9538 Item #7 Page 2 of 3 HISTORY: Currently there is one 22.5-acre platted lot at the subject location. A portion of this property (14.8 acres) was proposed to be developed with a health-care facility and a site plan was approved by Council in 1998. That site plan has not yet materialized, but 7.7 acres to the east and outside the development proposal is now being considered for purchase; hence the replat request. TRANSPORTATION:Denton Tap Road is a P6D, six-lane divided thoroughfare (120 feet of right- of-way). State Highway 121 is under construction and being built to freeway standards. It currently contains one-way access roads, each 33 feet in width, within 450 feet of right-of-way. SURROUNDING LAND USE & ZONING: North- single-family residences, City of Lewisville South –State Highway 121; City of Lewisville East - vacant land; City of Lewisville West – vacant land (Presbyterian Medical Center); HC, Highway Commercial COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for regional retail use. DISCUSSION: This property is currently platted as one 22.5- acre lot. In February of 1998, Presbyterian Hospital proposed, and had granted, a site plan for a portion of the lot. Roughly 15 acres was proposed for two buildings--a 75,000 square-foot ambulatory-care facility and a 45,000 square-foot medical office. As a sidebar, in discussions subsequent to the site plan approval, staff was advised that Presbyterian still had plans to eventually develop this center. When that will occur has not been determined. At any rate, the vacant 7.7 acres to the east of the Presbyterian buildings is the subject of this application and needs to be replatted to establish the exact area of purchase. When property is replatted in the City of Coppell, staff requires additional information to justify the request. Generally, a site plan is sufficient to explain why and how the property might be developed. Although this applicant provides us with an illustration showing a possible layout for the vacant 7.7 acres, be cautioned that this is a conceptual drawing only. The exhibit also illustrates a general idea of how the property in Lewisville Item #7 Page 3 of 3 (where townhouses are shown east of the proposed replat area) relates to the land in Coppell. We have been advised by Lewisville that the townhouse concept was approved showing 10l, 2-3 story units being allowed on the property, with office/retail/commercial development (to a depth of 300 feet or so) being proposed along the 121 frontage. Based upon the concept plan submitted with this replat application, the conceptual uses proposed in Coppell consisting of commercial/office/retail would track with the Lewisville plan and be in conformance with our Master Plan. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this replat subject to the following condition: 1. Before this replat can be developed, further platting will be required to show fire lanes, r.o.w.’s , etc. 2. Change note on face of plat (assuming Lot 1A will be developed as currently approved) to state additional platting will be required prior to development of Lot 1B, Block D. 3. Discuss and determine utility service with our Engineering Department. ALTERNATIVES 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Replat document 2) Village Plaza concept plan 3) Presbyterian Medical Center site plan 4) Presbyterian Medical Center perspective drawing DEPT: Planning DATE: March 9, 2004 ITEM #: 13 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of the Champions School of Real Estate, Lot 1, Block 1, Site Plan Amendment, to allow one additional 20 square-foot sign on the west elevation of the existing 6,293 square-foot office building on 1.3 acres of property located at the southeast corner of N. Denton Tap Road and Natches Trace Drive. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: February 19, 2004 Decision of P&Z Commission: Approved (5-0) with Commissioners Milosevich, Kittrell, Halsey, Borchgardt and Foreman voting in favor. None opposed. Approval is recommended with no conditions. Staff recommends approval. Agenda Request Form - Revised 02/04 Document Name: @3Champions SPA 1-AR Item # 4 Page 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Champions School of Real Estate, Lot 1, Block 1, Site Plan Amendment P & Z HEARING DATE: February 19, 2004 C.C. HEARING DATE: March 9, 2004 STAFF REP.: Marcie Diamond, Assistant Planning Director LOCATION: At the southeast corner of N. Denton Tap Road and Natches Trace Drive. SIZE OF AREA: 1.3 acres of property, containing a 6,300 square foot building. CURRENT ZONING: C (Commercial) REQUEST: Site Plan Amendment to allow for one additional sign. APPLICANT: Applicant: Rick Sutton Starlite Sign of Denton 7923 East McKinney Denton, TX 76208-2020 (817) 430-8359 FAX: (940) 387-0429 Owner: Henry Santamaria 17390 Preston Road, Suite 390 Dallas, TX 75252 (972) 713-0055 FAX: (972) 713-0101 Item # 4 Page 2 of 2 HISTORY: On March 11, 2003, City Council approved a Site Plan and Minor Plat to allow for the construction of a 6,293 square-foot office building for Champions School of Real Estate. TRANSPORTATION:Denton Tap Road is a six-lane divided roadway, within 120’ of right-of-way. SURROUNDING LAND USE & ZONING: North- Bank One and Denton Creek Elementary School; C and SF- 7 (Commercial and Single Family-7) South and East – Smart Start School; C (Commercial) zoning West - Greenbelt/Flood Plain; PD-133-FP (Planned Development- 133- Flood Plain) COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for regional retail uses. DISCUSSION: This request is to allow for a 20 square-foot sign to be placed on the west elevation of this 6,293 square-foot building. When the Site Plan was approved, one year ago, the elevations indicated one sign on the north side of the building and a monument sign at the corner of Denton Tap and Natches Trace. These signs have been installed. The applicant is now requesting one additional sign on the west side of the building, which is identical to the sign on the north elevation, to allow for visibility from northbound Denton Tap. This building has over 120 feet of building frontage; therefore, these two signs (totaling 40-square feet) is in compliance with the Sign regulations of the Zoning Ordinance. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends APPROVAL of the Site Plan Amendment to allow for an additional sign for Champions School of Real Estate, with no conditions. ALTERNATIVES: 1) Recommend approval of the request. 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) Sign Package (4 pages) DEPT: Planning DATE: March 9, 2004 ITEM #: 14 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of the Hidden Valley, Final Plat, to allow a 16-lot single-family subdivision on 7.3 acres of property zoned PD-106-SF-9, located along the southerly extension of Hidden Valley Road. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: February 19, 2004 Decision of P&Z Commission: Approved (5-0) with Commissioners Milosevich, Kittrell, Halsey, Borchgardt and Foreman voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) Sidewalks will be required throughout this subdivision but do not apply to Lot 1 of Block A, nor to Lots 1 and 2 of Block B. 2) Hidden Valley Drive will be constructed to current City standards, and a detail of the transition from the existing Hidden Valley Drive into this subdivision is needed. 3) This property generates a $20,560 Park Development fee and a $12,800 tree reparation fee (see 9-10-03 e-mail from John Elias, attached). 4) Utility easements need to be approved by utility companies. 5) Discuss and determine City utility service needs with our Engineering Department. 6) Final Plat needs to reflect Lots 1&2, Block B of Phillips Addition II. (CONDITION MET) 7) Add 15-foot fence line note to Lot 1, Block C. Staff recommends approval. Agenda Request Form - Revised 02/04 Document Name: @4Hidden Valley FP1-AR Item #8 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Hidden Valley Addition, Final Plat P & Z HEARING DATE: February 19, 2004 C.C. HEARING DATE: March 9, 2004 STAFF REP.: Gary L. Sieb, Planning Director LOCATION: Along the southerly extension of Hidden Valley Drive SIZE OF AREA: 6.98 acres of property for development of a 16-lot subdivision. CURRENT ZONING: PD-106-SF-9 (Planned Development-106, Single Family-9) REQUEST: Final Plat approval to allow a 16-lot single-family subdivision. APPLICANT: Street Real Estate LTD dba Geometric Land Group John Speanburg 1660 S. Stemmons Freeway, Suite 295 Lewisville, TX. 75067 (972) 745-7307 FAX: (972) 745-7118 Engineer: Dowdey, Anderson and Assoc., Inc. Scott Caruthers 5225 Village Creek Drive, Suite 200 Plano, TX. 75093 (972) 931-0694 FAX: (972) 931-9538 Item #8 Page 2 of 3 HISTORY: This property has a zoning history that goes back to the late 1980’s. A single-family Planned Development zoning classification was granted on the land in 1989 and had a provision allowing a maximum of 16 residential lots (even though the plan drawing submitted with the application showed 14 lots—a note on the PD stated a maximum of 16 lots could be developed). That PD is presently undeveloped, and the current applicant wishes to proceed with development allowed during the PD hearing process conducted in 1989. On October 14, 2003, Council approved a preliminary plat that reflected a 16-lot subdivision pattern allowed by the Planned Development district. TRANSPORTATION: There are no major or secondary thoroughfares in the area. This subdivision would be an extension of an existing residential street, Hidden Valley Drive. Residential streets have a r-o-w of 50 feet and a street width of 27 feet, with curb/gutter and sidewalks. SURROUNDING LAND USE & ZONING: North- single-family residences; SF-9 South – single-family residences; SF-12 East- single-family residences; SF-12 West- single-family development and church: SF-9 and C (Commercial) COMPREHENSIVE PLAN: The 1996 Comprehensive Master Plan shows the property as suitable for low-density residential uses. DISCUSSION: As stated in the Staff Report prepared for the preliminary plat application filed in October: “…this property was zoned as a 16-lot residential Planned Development in 1989. There currently exists five houses within the area—the land seller’s home, which is within the PD and will be torn down--and four additional homes built in the late ‘80’s (outside the boundaries of the Planned Development zoning), which will remain. The current plan closely approximates the original approval and basically adds only an “eyebrow” on the west side to get a more efficient lot pattern. The completed project will include a concrete street extending from the asphalt end of Hidden Valley Drive, curb/gutter and sidewalks throughout the subdivision, with the exception of the lots at the northwest corner of the property referenced above as being outside the PD boundaries. Lot sizes within the development will range from slightly over 12,000 square-feet up to and exceeding 20,000 feet. There are sanitary, drainage and utility easement issues to be resolved, and they are addressed in the conditions section of this Staff Report. There are also tree mitigation concerns that Item #8 Page 3 of 3 must be addressed before development can occur on the site and again, they are addressed in the staff conditions recommendation”. In addition, Park Development fees in the amount of $20,560 are also a requirement for development of these sixteen lots. All of these issues are being addressed at the present time and are reflected in our conditional approval of this Final Plat. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends APPROVAL of this application, subject to the following conditions: 1) Sidewalks will be required throughout this subdivision but do not apply to Lot 1 of Block A nor to Lots 1 and 2 of Block B. 2) Hidden Valley Drive will be constructed to current City standards, and a detail of the transition from the existing Hidden Valley Drive into this subdivision is needed. 3) This property generates a $20,560 Park Development fee and a $12,800 tree reparation fee (see 9-10-03 e- mail from John Elias, attached). 4) Utility easements need to be approved by utility companies. 5) Discuss and determine City utility service needs with our Engineering Department. 6) Final Plat needs to reflect Lots 1&2, Block B of Phillips Addition II. 7) Add 15-foot fence line note to Lot 1, Block C. ALTERNATIVES 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Final Plat 2) 9-10-03 e-mail from John Elias DATE: March 9, 2004 ITEM #: 15 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork DATE: March 9, 2004 ITEM #: 16 AGENDA REQUEST FORM CITY MANAGER'S REPORT A. Gold Metal Award from Texas Recreation Park Society. B. Telly Awards for Women's Self-Defense PSA and National Night Out PSA. Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork DATE: March 9, 2004 ITEM #: 17 AGENDA REQUEST FORM MAYOR AND COUNCIL REPORTS A. Repor t by Mayor Stover regarding school finance meeting with Senators Harris and Shapiro. B. Repor t by Mayor Stover regarding Family Fish. C. Repor t by Mayor Stover regarding early voting for the School Board election in May. D. Repor t by Councilmember Tunnell regarding National League of Cities. Agenda Request Form - Revised 09/02 Document Name: %mayorreport DATE: March 9, 2004 ITEM #: 18 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: March 9, 2004 Department Submissions: Item Nos. 9/B and 10 were placed on the Agenda for the above- referenced City Council meeting by the Engineering Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Engineering Department Item Nos. 11, 12, 13 and 14 were placed on the Agenda for the above- referenced City Council meeting by the Planning Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Planning Department Financial Review: I certify that I have reviewed all the items submitted for consideration on the Agenda for the above-refenced City Council Meeting and have inserted any financial comments where appropriate. ____________________ Finance Department City Manager Review: I certify that I have reviewed the complete Agenda and Packet for the above-referenced City Council Meeting and hereby submit the same to the City Council for consideration. ____________________ City Manager