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CM 2001-03-27MINUTES OF MARCH 27, 2001 The City Council of the City of Coppell met in Regular Called Session on Tuesday, March 27, 2001, at 6:00 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Candy Sheehan, Mayor Larry Wheeler, Mayor Pro Tem Greg Garcia, Councilmember Jayne Peters, Councilmember Diana Raines, Councilmember Marsha Tunnell, Councilmember Doug Stover, Councilmember Bill York, Councilmember Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert Hager. REGULAR SESSION(Open to the Public) 1.Call to order. Mayor Sheehan called the meeting to order and adjourned into Work Session. WORK SESSION(Open to the Public) 2.Convene Work Session A.Discussion regarding Boards and Commissions. B.Discussion of Agenda Items. REGULAR SESSION(Open to the Public) 3.Invocation. Pastor Wayne McDonald, Metrocrest Community Church, led those present in the invocation. 4.Pledge of Allegiance. Mayor Sheehan led those present in the Pledge of Allegiance. 5.PROCLAMATIONS: A.Consider approval of a proclamation naming Wednesday, March 28, 2001 as ROTARY AWARENESS DAY, and authorizing the Mayor to sign. B.Consider approval of a proclamation naming March 2001 as MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES AWARENESS MONTH, and authorizing the Mayor to sign. A.Mayor Sheehan read the Proclamation for the record and presented the same to Dr. Peter Lecca and David Cary. Councilmember Tunnell moved to approve a Proclamation naming Wednesday, March 28, 2001 as ROTARY AWARENESS DAY, and authorizing the Mayor to sign. Councilmember Garcia seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and York voting in favor of the motion. B.Mayor Sheehan read the Proclamation for the record and presented the same to Beth Donahue. Councilmember Tunnell moved to approve a Proclamation naming March 2001 as MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES AWARENESS MONTH, and authorizing the Mayor to sign. Councilmember Stover seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and York voting in favor of the motion. 6.Citizen's Appearances. A.Rene' Lawson, 336 Plantation, spoke about naming parks. 7.Consider approval of the following consent agenda items: A.Consider approval of minutes:March 6, 2001. CM03272001 Page 2 of 13 B.Consider approval of an Interim Right-of-way Use Agreement between the City of Coppell and CoServ Communications for the use of right-of-way to install telecommunication lines and related appurtenances; and authorizing the City Manager to sign. C.Consider approval of an Interim Right-of-way Use Agreement between the City of Coppell and Coppell Independent School District for the use of right-of-way to have telecommunication lines installed and related appurtenances; and authorizing the City Manager to sign. D.Consider approval of an Interlocal Agreement between the Town of Flower Mound and the City of Coppell for the extension of Lakeside Parkway (Freeport Parkway within Coppell) northwesterly from the DFW Trade Center; and authorizing the Mayor to sign. E.Consider approval of a Resolution amending Resolution #010996.3, as heretofore amended, with regard to Refuse Collection fees and Library Fees, and authorizing the Mayor to sign. F.Consider approval of a Change Order to the Dean Construction Contract for the Phase 2 Development of Wagon Wheel Park, to trench and install conduit for Electrical Service along State Road, in the amount of $36,700.00, and authorizing the President of the CRDC to sign. Issues Discussed: Councilmember York moved to pull Item C from the Consent Agenda. Action: Councilmember York moved to approve Consent Agenda Items A, B, D, E carrying Resolution No. 2001-0327.1, and F. Councilmember Raines seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and York voting in favor of the motion. CM03272001 Page 3 of 13 Consider approval of an Interim Right-of-way Use Agreement 7C. between the City of Coppell and Coppell Independent School District for the use of right-of-way to have telecommunication lines installed and related appurtenances; and authorizing the City Manager to sign. Councilmember York moved to move Consent Agenda Item C to the th April 10 agenda. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and York voting in favor of the motion. 8.PUBLIC HEARING: Consider approval of Case No. PD-94R, SF-9, zoning change request to amend PD-94, SF-9 (Planned Development-94, Single Family-9) to PD94R, SF9 (Planning Development-94R, single family–9) to allow an expansion of the existing home into the required eight (8) foot side yard, on approximately 0.8 of an acre of property located at 637 Swan Drive. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Public Hearing: Mayor Sheehan opened the Public Hearing and advised that no one had signed up to speak. Action: Councilmember Tunnell moved to close the Public Hearing and approve the following: Item No. 8: Case No. PD-94R, SF-9, zoning change request to amend PD-94, SF-9 (Planned Development-94, Single Family-9) to PD94R, SF9 (Planning Development-94R, single family–9) to allow an expansion of the existing home into the required eight (8) foot side yard, on approximately 0.8 of an acre of property located at 637 Swan Drive. CM03272001 Page 4 of 13 Item No. 9: Ordinance No. 91500-A-290 for Case No. PD-94R, SF-9, zoning change request to amend PD-94, SF-9 (Planned Development-94, Single Family- 9) to PD94R, SF9 (Planning Development-94R, single family–9) to allow an expansion of the existing home into the required eight (8) foot side yard, on approximately 0.8 of an acre of property located at 637 Swan Drive. Councilmember Stover seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and York voting in favor of the motion. 9.Consider approval of an Ordinance for Case No. PD-94R, SF-9, zoning change request to amend PD-94, SF-9 (Planned Development-94, Single Family-9) to PD94R, SF9 (Planning Development-94R, single family–9) to allow an expansion of the existing home into the required eight (8) foot side yard, on approximately 0.8 of an acre of property located at 637 Swan Drive, and authorizing the Mayor to sign. This item was considered under Item 8. See Item 8 for minutes. 10.PUBLIC HEARING: Consider approval of Zoning Text Amendment to Section 34-2- 12(E) Protected Tree replacement to lengthen the time limit currently permitted for the planting of replacement trees from a three-month extension to a six-month extension. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Public Hearing: Mayor Sheehan opened the Public Hearing and advised that no one had signed up to speak and that the applicant was present to answer any questions. CM03272001 Page 5 of 13 Action: Councilmember Tunnell moved to approve the Zoning Text Amendment to Section 34-2-12(E) Protected Tree replacement to lengthen the time limit currently permitted for the planting of replacement trees from a three-month extension to a six-month extension. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and York voting in favor of the motion. 11.Consider approval of an Ordinance for Case No. PD-157R6, Valley Ranch Plaza, zoning change request for property zoned PD-157R5-C (Planned Development, Commercial) by amending the planned development conditions to permit the enclosure of the McDonald's Playplace and to reduce the building size in Phase II from 10,000 square feet to 8,000 square feet for property located at the southwest corner of E. Beltline Road and S. MacArthur Boulevard, and authorizing the Mayor to sign. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Action: Councilmember Tunnell moved to approve Ordinance No. 91500-A-291 for Case No. PD-157R6, Valley Ranch Plaza, zoning change request for property zoned PD-157R5-C (Planned Development, Commercial) by amending the planned development conditions to permit the enclosure of the McDonald's Playplace and to reduce the building size in Phase II from 10,000 square feet to 8,000 square feet for property located at the southwest corner of E. Beltline Road and S. MacArthur Boulevard, and authorizing the Mayor to sign. Councilmember Raines seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and York voting in favor of the motion. CM03272001 Page 6 of 13 12.PUBLIC HEARING: Consider approval of the Case No. PD-114R, zoning change request from PD-114-SF-7 (Planned Development-114, Single Family-7) and SF-12 (Single Family-12) to PD-114R (Planned Development-114R, Residential/Rest Home/Nursing Home), to allow the development of a Retirement Community on approximately 50.17 acres of property located along the south side of Sandy Lake Road, 1200’ east of MacArthur Boulevard. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Monsignor Broderick, Applicant, made a presentation to Council. Jim Phillips, Project Architect, made a presentation to Council. Joe Dingman addressed Council regarding contribution to Senior Center. Public Hearing: Mayor Sheehan opened the Public Hearing and asked for those wishing to speak regarding this proposal to come forward. Eric Wewers, 135 Clover Meadow and Jay Turner, 747 Blue Jay spoke in favor of the proposal. Action: Councilmember York moved to close the Public Hearing on Item 12 with the following conditions: 1.The City and applicant agree to move the ground storage facility to the location shown on the site plan. (This condition is currently being pursued by both parties.) 2.Star Leaf Street is extended to Sandy Lake Road subsequent to the land swap between the applicant and the City. 3.Provide at least one parking space for each unit constructed in this development in Phase I and to review the contingency plan for the beginning of Phase II. CM03272001 Page 7 of 13 4.Change building materials from stucco and stone to brick and stone and revise the color as shown with these two displays, as presented in the final presentation. 5.Abide by Departmental comments. (Engineering and Leisure Services). 6.In lieu of the $1,285 parkland acquisition fee, a donation of $125,000 to be earmarked for the Senior Center, the exchange of the other two acres of land on the Southeast side of the roadway, and the trail easement be accepted. $62,500 of this fee will be due at Phase I and $62,500 due at Phase II at the Certificate of Occupancy. 7.Remove note from face on page 12 of presentation which states 85% stucco. 8.Floor plans for the facility will be included in the packet of information for the Development. Mayor Pro Tem Wheeler seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and York voting in favor of the motion. There was a short recess held at this time. 13. A.Consider approval of appointing Rene' Lawson as a regular member of the Parks and Recreation Board to fill the unexpired term of Diana Raines which expires October 2002. B.Consider approval of appointing two alternate members of the Parks and Recreation Board, one term to fill the unexpired term of Lynn Kees which expires October 2001 and one term to fill the unexpired term of Rene' Lawson which expires October 2002. Presentation: Mayor Pro Tem Wheeler made a presentation to Council. CM03272001 Page 8 of 13 Action: Mayor Pro Tem Wheeler moved to appoint Rene' Lawson as a regular member of the Parks and Recreation Board to fill the unexpired term of Diana Raines which expires October 2002; Brent Wooten as an alternate member to fill the unexpired term of Rene' Lawson which expires October 2001 and David Castillo as an alternate member to fill the unexpired term of Lynn Kees which expires October 2002. Councilmember Garcia seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and York voting in favor of the motion. 14.Consider an ordinance of the City of Coppell, Texas, amending Ordinance No. 98822, as amended, establishing an infrastructure maintenance fund by amending the amount funded; and authorizing the Mayor to sign. Presentation: Jim Witt, City Manager, made a presentation to Council. Clay Phillips, Deputy City Manager, answered questions from Council. Issues Discussed: There was discussion regarding how an appropriate amount will be determined for this Fund and whether this should be a budgeted item, since this is a priority of the Council. Action: Councilmember Peters moved to approve Ordinance No. 2001-939 of the City of Coppell, Texas, amending Ordinance No. 98822, as amended, establishing an infrastructure maintenance fund by amending the amount funded; and authorizing the Mayor to sign. Councilmember Stover seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and York voting in favor of the motion. 15.Consider approval of an Ordinance amending the Code of Ordinances by amending Chapter 1 to add Article 1-15 to provide for an annual Homestead Exemption from ad valorem taxation in the minimum amount of three (3) percent of CM03272001 Page 9 of 13 assessed value in an amount no less than five thousand dollars ($5,000.00) for individuals who are owners of residences, providing a repealing clause, providing a severability clause, and providing an effective date, and authorizing the Mayor to sign. PUBLIC COMMENT: The public is invited to make comments to the City Council during the discussion of this agenda item. Presentation: Mayor Sheehan made opening remarks to Council. Jim Witt, City Manager, made a presentation to Council. Public Comment: There was no one signed up to speak during the Public Comment session. Issues Discussed: There was discussion regarding the comments Councilmembers have received from the citizens; how the decrease of funds will affect City services in the future; when would be the appropriate time to give a tax break to the citizens; the fact that this is comparable to the tax break the federal government is considering; the state of the current economy; this proposal was generated by Council and staff provided information about how this would impact the City's budget in the future; how this will affect the future flat tax rate promised on the recent bond projects; and how the exemption would affect the City's 5-Year Plan on completion of the projects in the plan. Action: Councilmember Stover moved to approve Ordinance No. 2001-940 amending the Code of Ordinances by amending Chapter 1 to add Article 1-15 to provide for an annual Homestead Exemption from ad valorem taxation in the minimum amount of three (3) percent of assessed value in an amount no less than five thousand dollars ($5,000.00) for individuals who are owners of residences, providing a repealing clause, providing a severability clause, and providing an effective date, and authorizing the Mayor to sign. Councilmember York seconded the motion; the motion carried 4-3 with Councilmembers Peters, Raines, Stover and York voting CM03272001 Page 10 of 13 in favor of the motion and Mayor Pro Tem Wheeler, and Councilmembers Garcia and Tunnell voting against the motion. 16.Consider approval of renaming park sites as proposed by the Parks and Recreation Board. Presentation: Gary Sims, Director of Parks and Leisure Services, made a presentation to Council. Issues Discussed: There was discussion regarding the original naming of the parks and who is Andy Brown; Action: Councilmember York moved to approve renaming park sites as follows: That area West of Denton Tap Road to be designated "Andrew Brown Jr. Community Park West;" That area West of Cottonwood Creek and East of Denton Tap Road to be designated as "Andrew Brown Jr. Community Park Central;" That area East of the Cottonwood Creek and West of the new practice facility at the end of Moore Road to be designated as "Andrew Brown Jr. Community Park East;" and That area inclusive of and East of the practice facility at the end of Moore Road to be designated as "Moore Road Park". 17.Necessary action resulting from Work Session. There was no action necessary under this item. 18.City Manager's Report. A.Update on Wagon Wheel and MacArthur Parks. B.Budget Update. CM03272001 Page 11 of 13 A.Jim Witt, City Manager, presented an update on Wagon Wheel and MacArthur Parks. B.Jim Witt, City Manager, presented an update on the budget. 19.Mayor and Council Reports. A.Report by Mayor Sheehan regarding Chamber of Commerce Retreat. B.Report by Mayor Sheehan regarding Legislative Update/DFW Airport Legislation. C.Report by Mayor Sheehan regarding Mayor's Breakfast. D.Report by Mayor Sheehan regarding Partners in Mobility TXDOT Presentation. E.Report by Councilmember Tunnell regarding NLC in Washington. F.Report by Councilmember Raines regarding YMCA Events. G.Report by Councilmember York regarding Junior Achievement. A.Mayor Sheehan announced that the Chamber of Commerce Retreat will be held March 28 and if Councilmembers would like present any information to the Chamber Board please provide it to Sharon Logan, Community Information Officer, who will be attending the Retreat. B.Mayor Sheehan reported on the presentation they made to the Legislature on the proposed DFW Airport Legislation. C.Mayor Sheehan reported on the Mayor's Breakfast that was held th Saturday, March 24 for the Chairs and Vice-Chairs of the various Boards and Commissions. D.Mayor Sheehan announced that the Mobility TXDOT Presentation will be held on March 29, 2001. E.Councilmember Tunnell reported on the NLC meeting she attended in Washington. F.Councilmember Raines announced that the YMCA run normally nd held in April and will be held June 2 this year and discussed some of their current classes. G.Councilmember York reported on success of the Junior Achievement Job Shadow Day which was held March 21, 2001. CM03272001 Page 12 of 13 Necessary Action Resulting from Executive Session. There was no actiOn necessary under this item since there was no Executive Session held. There being no further business to come before the City Council, the meeting was adjourned. Candy Sheehan, Mayor ATTEST: Libby Ball, City Secretary CM03272001 Page 13 of 13