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CM 2006-09-12 MINUTES OF SEPTEMBER 12, 2006 The City Council of the City of Coppell met in Regular Called Session on Tuesday, September 12, 2006, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor Billy Faught, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Brianna Hinojosa-Flores, Councilmember (late arrival) Marsha Tunnell, Councilmember Marvin Franklin, Councilmember Bill York, Councilmember Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert Hager. 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 551.071, Texas Government Code – Consultation with City Attorney. 1. The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045-107; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3,; and CB Parkway Business Center, et al vs. City of Coppell, et al.; and City of Dallas vs. Douglas Stover, et al in the 191 District Court; and City of Coppell, et al vs. st City of Dallas, et al in the 101 District Court. st 2. Texas Open Meetings Act. B. Section 551.072, Texas Government Code – Deliberation regarding Real Property. 1. Sale of land south of Bethel and west of Denton Tap. cm091206 Page 1 of 17 ITEM # ITEM DESCRIPTION Councilmember Hinojosa-Flores arrived prior to convening Executive Session. Mayor Stover convened into Executive Session at 5:40 p.m. as allowed under the above-stated article. Mayor Stover recessed the Executive Session at 6:08 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Board & Commission Appointments. 1. Selection Process. B. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Pastor Dale Patterson of the Hackberry Church led those present in the Invocation. 6. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. Mayor Stover advised that a request for postponement had been made for Item 18. See Item 18 for minutes. 7. Citizens’ Appearances. There were no citizens signed up for this item. ag091206 Page 2 of 17 ITEM # ITEM DESCRIPTION CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: August 22, 2006 August 29, 2006. B. Consider approval of a Memorandum of Understanding for Bioterrorism or Health Emergency Assistance between Dallas County and the city of Coppell, and authorizing the Mayor and City Manager to sign. C. Consider approval of awarding Bid # Q-0706-03 for the purchase of water meters in the following manner: 100 Series 5/8" x 3/4" meters to Actaris US Liquid Management; 100 Series 1" and 1 1/2" meters to Master Meter, Inc; 100 Series 2" and 300 Series 3" and 4" to Amco Water Metering Systems; 300 Series 6", 8" and 10" to B20 and Associates; and all of the 400 Series to Badger Meter, Inc., in a combined estimated total of $90,300; as budgeted. D. Consider approval of an Ordinance for Case No. PD-208R-LI, Coppell Trade Center, zoning change request from PD-208-LI (Planned Development-208-Light Industrial) to PD-208R-LI (Planned Development-208 Revised-Light Industrial) to approve Detail Plans for three office/warehouse buildings (Buildings A and B each containing approximately 150,500-square-feet and Building D containing approximately 117,737-square-feet) on approximately 27.8 acres of property, being a part of a 40.6 acre tract of land, located along the north side of Sandy Lake Road, between Northpoint Drive (extended) and the extension of Freeport Parkway, and authorizing the Mayor to sign. E. Consider approval of an Ordinance for Case No. Case No. PD- 215-LI, Victron Energy, zoning change request from LI (Light Industrial) to PD-215-LI (Planned Development-215-LI) to allow the development of a 4,248-square-foot convenience store, 1,414- square-foot restaurant and a 5,104-square-foot canopy over six gas pumps on 1.68 acres of property within the City of Coppell and an additional 0.66 acres of lease area (DFW Airport Land ag091206 Page 3 of 17 ITEM # ITEM DESCRIPTION outside of Coppell City Limits) located south of LBJ (IH 635), east of Royal Lane. Action: Councilmember York moved to approve Consent Agenda Items A, B, C, D carrying Ordinance No. 91500-A-436 and E carrying Ordinance No. 91500-A- 437. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa- Flores, Tunnell, Franklin and York voting in favor of the motion. 9. Consider approval of an Ordinance approving and adopting the budget for the City of Coppell for the Fiscal Year of October 1, 2006 through September 30, 2007, and authorizing the Mayor to sign. Presentation: Jennifer Armstrong, Finance Director, made a presentation to the Council. Action: Mayor Pro Tem Faught moved to approve Ordinance No. 2006-1135 approving and adopting the budget for the City of Coppell for the Fiscal Year of October 1, 2006 through September 30, 2007, and authorizing the Mayor to sign. Councilmember Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 10. Consider approval of an Ordinance of the City of Coppell, Texas levying the ad valorem taxes for the year 2006 at .64146/$100 taxable valuation of which .48278 for operations and maintenance and .15868 for interest and sinking, and authorizing the Mayor to sign. Presentation: Jennifer Armstrong, Finance Director, made a presentation to the Council. Action: Councilmember Franklin moved to approve Ordinance No. 2006-1136 levying the ad valorem taxes for the year 2006 at .64146/$100 taxable valuation of ag091206 Page 4 of 17 ITEM # ITEM DESCRIPTION which .48278 for operations and maintenance and .15868 for interest and sinking, and authorizing the Mayor to sign. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 11. Consider appointments to the City’s Boards, Commissions and Committees. Mayor Stover read the slate of recommended Board and Commission members as follows: American Red Cross: 3-year Regular Mark Lyasko Animal Services Appeal Board: 2-year Veterinarian Dr. Reid Garfield Board of Adjustment: 2-year Regular Robert Chomiak Mark LeGros David Stonechipher 2-year Alternate Jon Holzheimer Laura Ketchum Coppell Economic Development Committee: 2-year Regular William Rohloff Gary Roden Kenneth Luttmer William Lowery Bradley Snyder 1-year Regular Matt Hall ag091206 Page 5 of 17 ITEM # ITEM DESCRIPTION Coppell Education Development Committee: 2-year Regular Brian Letzkus Thomas Massimi Gina Mote 1-year Regular Carrie Mamantov April Terry Keep Coppell Beautiful Board: 2-year Regular Cheryl Colmery Christopher Reed Brent Wooten Keep Coppell Beautiful Board (Youth Advisors): 1-year Student Regular Zachary Flores James Halpin 1-year Student Alternate Janice Kim Library Board: 2-year Regular Meme Collins-Tabuena Wendy Dunn Marcia Raines Kathy Ross 1-year Regular Linda McCrary 2-year Alternate Nancy Tao 1-year Alternate Thomas Trahan Library Board (Youth Advisors): 1-year Student Regular Morgan Griffin Sarah LaFountain Parks and Recreation Board: 2-year Regular Victor Burke David Castillo ag091206 Page 6 of 17 ITEM # ITEM DESCRIPTION Mark Tepper Stephen Hafer Greg Garcia Mike Ridgley Jack Clark 2-year Alternate Brent Holdridge Craig Pritzlaff Parks and Recreation Board (Youth Advisors): 1-year Student Regular Devin Bailey Greg Toth 1-year Student Alternate Whitney Sun Planning and Zoning Commission: 2-year Regular Gregory Frnka Anna Kittrell John Fox Councilmember Hinojosa-Flores requested that the slate for the Planning and Zoning Commission be pulled to be considered separately. Action: Councilmember York moved to approve the appointments as read without the inclusion of Planning and Zoning. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. Action: Councilmember Peters moved to approve the appointment of Greg Frnka, Anna Kittrell and John Fox to the Planning and Zoning Commission. Councilmember York seconded the motion; the motion carried 5-2 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Franklin and York voting in favor of the motion and Councilmembers Hinojosa-Flores and Tunnell voting against the motion. ag091206 Page 7 of 17 ITEM # ITEM DESCRIPTION 12. PUBLIC HEARING: Consider approval of Case No. S-1235-TC, Healthy Me Marketplace, zoning change request from TC (Town Center) to S-1235-TC (Special Use Permit-1235-Town Center), to allow the operation of a 2,995- square-foot grocery, restaurant and cooking school, to be located in the Town Center Addition, Lot 2, Block 3, along the east side of Denton Tap Road; north of Town Center Blvd. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Kathy Frazier, Applicant, made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Tunnell moved to close the Public Hearing and approve Case No. S-1235-TC, Healthy Me Marketplace, zoning change request from TC (Town Center) to S-1235-TC (Special Use Permit-1235-Town Center), to allow the operation of a 2,995-square-foot grocery, restaurant and cooking school, to be located in the Town Center Addition, Lot 2, Block 3, along the east side of Denton Tap Road; north of Town Center Blvd.; subject to the following conditions: 1) The development shall be in accordance with the site plan, floor plan and sign elevations; and 2) The hours of operation shall not exceed 7:00 a.m. to 11:00 p.m., 7 days a week. Councilmember York seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 13. PUBLIC HEARING: Consider approval of Case No. PD-200R-SF-12, Petterson Addition, Lots 1-4, Block A, zoning change request from 2F-9 (Two Family-9) to ag091206 Page 8 of 17 ITEM # ITEM DESCRIPTION PD-200-SF-12 (Planned Development Revised -200, Single Family-12) to allow the construction of four single-family homes on 2.27 acres of property located along the north side of Sandy Lake Road, approximately 120 feet west of Summer Place Drive, at the request of John Margetis, Endeavor Custom Homes. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. John Margetis, Applicant, answered questions of Council. Ken Griffin, Director of Engineering and Public Works, answered questions of Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Mayor Pro Tem Faught moved to close the Public Hearing and approve Case No. PD-200R-SF-12, Petterson Addition, Lots 1-4, Block A, zoning change request from 2F-9 (Two Family-9) to PD-200-SF-12 (Planned Development Revised -200, Single Family-12) to allow the construction of four single-family homes on 2.27 acres of property located along the north side of Sandy Lake Road, approximately 120 feet west of Summer Place Drive, at the request of John Margetis, Endeavor Custom Homes; subject to the following conditions: 1) The Engineering Department is not in favor of these 4 homes going in with a private sanitary sewer system, and believes all 4 sites could drain to a public sewer line in Summer Place, via a gravity system; 2) A Tree Removal Permit is required prior to removal of any trees; 3) Contact Larry Redick at 972-323-8917 to discuss electric equipment locations; and 4) Reduce fire lane width to 24’ and remove 15’ building line from Lot 1. ag091206 Page 9 of 17 ITEM # ITEM DESCRIPTION Councilmember Hinojosa-Flores seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 14. PUBLIC HEARING: Consider approval of Petterson Addition, Lots 1-4, Block A, Replat, being a replat of Lots 1 and 2, to allow the construction of four single- family homes on 2.27 acres of property located along the north side of Sandy Lake Road, approximately 120 feet west of Summer Place Drive, at the request of John Margetis, Endeavor Custom Homes. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Hinojosa-Flores moved to close the Public Hearing and approve Petterson Addition, Lots 1-4, Block A, Replat, being a replat of Lots 1 and 2, to allow the construction of four single-family homes on 2.27 acres of property located along the north side of Sandy Lake Road, approximately 120 feet west of Summer Place Drive, at the request of John Margetis, Endeavor Custom Homes; subject to the following conditions: 1. Depict all easements being abandoned by this plat; 2 Comply with the attached Departmental Comment Sheet; and 3. Contact Larry Redick at 972-323-8917 to discuss easement requirements. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa- Flores, Tunnell, Franklin and York voting in favor of the motion. ag091206 Page 10 of 17 ITEM # ITEM DESCRIPTION 15. PUBLIC HEARING: Consider approval of the Case No. S-1236-A, MetroPCS, zoning change request from A (Agriculture) to S-1236-A (Special Use Permit-1236- Agriculture), to allow for a wireless communication antenna to be mounted to an existing electric transmission tower, with an accessory cabinet with enclosure at the base of the tower, located approximately 1,700-feet southwest of the intersection of MacArthur Boulevard and the transmission line easement; north of Belt Line Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Dave Green, Applicant, addressed Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Peters moved to close the Public Hearing and approve Case No. S-1236-A, MetroPCS, zoning change request from A (Agriculture) to S- 1236-A (Special Use Permit-1236-Agriculture), to allow for a wireless communication antenna to be mounted to an existing electric transmission tower, with an accessory cabinet with enclosure at the base of the tower, located approximately 1,700-feet southwest of the intersection of MacArthur Boulevard and the transmission line easement; north of Belt Line Road; subject to the following conditions: 1) Departmental comments (Engineering) as follows: a. More information is needed on the “15’ access easement.” ?? Where does it connect? ?? What is the driving surface (must support emergency apparatus)? b. What utilities are proposed in the 5’ utility easement? There does not appear to be a corresponding utility easement on the adjacent lot. ag091206 Page 11 of 17 ITEM # ITEM DESCRIPTION Mayor Pro Tem Faught seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa- Flores, Tunnell, Franklin and York voting in favor of the motion. 16. PUBLIC HEARING: Consider approval of Case No. S-1234-SF-12, ARK Church, zoning change request from SF-12 (Single Family-12) to S-1234-SF-12 (Special Use Permit-1234-Single Family-12), to allow the construction of a 4,255-square-foot church on approximately 0.6 acres of property located at E. 517 Sandy Lake Road at the southwest corner of Holly Street. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Ralph Martinez, Architect, along with Bhyng G. Shin, Applicant, made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and asked for those wishing to speak on this item. A. Bill Sieling, 140 Holly, expressed concerns regarding parking. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code – Consultation with City Attorney. Mayor Stover convened into Executive Session at 8:30 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 8:48 p.m. and re-opened the Regular Session. REGULAR SESSION (Open to the Public) Action: Councilmember Peters moved to close the Public Hearing and approve Case No. S-1234-SF-12, ARK Church, zoning change request from SF-12 (Single ag091206 Page 12 of 17 ITEM # ITEM DESCRIPTION Family-12) to S-1234-SF-12 (Special Use Permit-1234-Single Family-12), to allow the construction of a 4,255-square-foot church on approximately 0.6 acres of property located at E. 517 Sandy Lake Road at the southwest corner of Holly Street; subject to the following conditions: 1) Indicate specifications for all materials to be used on black and white elevations, and include Austin Stone in place of EFIS; 2) A Tree Removal Permit is required prior to the start of construction; 3) Contact Larry Redick at 972-323-8917 to discuss electric load requirements; 4) Change adjacent zoning to the west to read “PD-99-SF-7”; 5) Rectify the discrepancies between the landscaping plant list, tree survey and what is actually shown on the drawing; 6) Show tree “T-12” on landscape plan if it is “to remain;” 7) Minimum size of tree is 3” caliper; 8) Ensure landscape plan is prepared and sealed by a registered Landscape Architect; 9) Replace sideyard setback dimension to 25’; 10) Direct the Applicant to work with the Planning Department and Building Official to develop a site plan amendment that would provide for a maximum of 27 parking spots on site for this location. Councilmember York seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 17. PUBLIC HEARING: Consider approval of the Stringfellow Addition, Lot 1, Block B, Replat, to allow the construction of a 4,255-square-foot church on approximately 0.6 acres of property located at 517 E. Sandy Road at the southwest corner of Holly Street. ag091206 Page 13 of 17 ITEM # ITEM DESCRIPTION Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Peters moved to close the Public Hearing and approve Stringfellow Addition, Lot 1, Block B, Replat, to allow the construction of a 4,255-square-foot church on approximately 0.6 acres of property located at 517 E. Sandy Road at the southwest corner of Holly Street; subject to the following conditions: 1) Contact Larry Redick at 972-393-8917 to discuss easement requirements; 2) Remove “Minor Plat” from the title block; 3) Indicate what type of easement is proposed to be dedicated on the western property line; 4) Comply with all Engineering comments as follows: a. Utility Plans indicate re-using the existing water/sewer services. Are these adequately sized for the new facility? b. Drainage should be collected on-site and conveyed to the inlet/collection system in Holly Street underground. c. A permit will be required from the Engineering Dept. for construction of the parking lot and utilities. This will require Engineering Plans. d. Impact fees will be assessed based on the capacity of the new facility, and any expanded utility service. Mayor Pro Tem Faught seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa- Flores, Tunnell, Franklin and York voting in favor of the motion. 18. PUBLIC HEARING: Consider approval of Case No. PD-214-TH-1, TH-2, C and SF-9, The Ellington, zoning change request from C (Commercial), R (Retail) and ag091206 Page 14 of 17 ITEM # ITEM DESCRIPTION SF-9 (Single Family–9) to PD-214-TH-1, TH-2, C and SF-9 (Planned Development-214-Townhouse-1, Townhouse-2, Commercial and Single- Family), with a Concept Site Plan to allow the development of 125 townhouse units (67 TH-1 units on approximately 11.6 acres of Tract A.1 and 58 TH-2 units on approximately 7.5 acres of Tract A.2); Commercial uses on Tract A.3 (approximately 2 acres) along Sandy Lake Road; and on Tracts A.4 and A.5 (4.4 acres) along Denton Tap Road; SF-9 on 3.3 acres for park/open space, on Tract B for a total of approximately 29.05 acres of property located south of Sandy Lake Road, and west of Denton Tap Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember York moved to continue this item and Public Hearing until October 10, 2006. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 19. Consider approval of Council Goals for 2006/2007. Presentation: City Manager Jim Witt made a presentation to the Council. Action: Councilmember Franklin moved to approve Council Goals for 2006/2007. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa- Flores, Tunnell, Franklin and York voting in favor of the motion. ag091206 Page 15 of 17 ITEM # ITEM DESCRIPTION 20. Necessary action resulting from Work Session. There was no action necessary under this item. 21. City Manager's Report. A. Legislative Update. A. Deputy City Manager Clay Phillips discussed the TML Legislative Update recently held in Dallas and indicated legislation will be proposed regarding various tax, revenue, expenditure, cap, limitations. Other areas of interest include franchise fees, rights of way, utility relocates, etc. where the city’s rights as a municipality are eroded. 22. Mayor and Council Reports. A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting. B. Report by Mayor Stover regarding the S.H. 121 Dedication and Tolling Update. C. Report by Mayor Pro Tem Faught regarding meeting with Senator Harris. A. Mayor Stover stated there was no report for the Metroplex Mayor’s Meeting. B. Mayor Stover reported that the Governor, County Commissioners, and area Mayors were all in attendance for the dedication for the S. H. 121 Toll Road. The Mayor stated that the tolling of this highway would help provide for some revenues to be able to do much needed road improvements in the Metroplex. He also advised that the collection of tolls for the roadway had been delayed until mid-November. C. Mayor Pro Tem Faught advised that he, along with Councilmember Hinojosa-Flores, Deputy City Manager Clay Phillips, CISD Superintendent Dr. Turner, School Board President Kathy Gautille and School Board member Ratliff had met with Senator Harris regarding various local issues. Mayor Stover stated that Senator Kay Bailey Hutchinson would be speaking at the North Texas Commission. ag091206 Page 16 of 17 ITEM =1# ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. The City of Coppel1 and Coppel1 Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045-107; and City of Coppel1 vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3,; and CB Parkway Business Center, et al vs. City of Coppel1, et al.; and City of Dallas vs. Douglas Stover, et al in the 191st District Court; and City of Coppel1, et al vs. City of Dallas, et al in the 101st District Court. 2. Texas Open Meetings Act. B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Sale of land south of Bethel and west of Denton Tap. Mayor Stover re-convened into Executive Session at 9:34 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 10:21 p.m. and re-opened the Regular Session. 23. Necessary Action Resulting from Executive Session. There was no action necessary under this item. There being no further business to come be adjourned. ATTEST: ag091206 Page 17 of 17