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CM 2001-06-12MINUTES OF JUNE 12, 2001 The City Council of the City of Coppell met in Regular Called Session on Tuesday, June 12, 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 Bill York, Mayor Pro Tem Greg Garcia, Councilmember Jayne Peters, Councilmember Diana Raines, Councilmember Marsha Tunnell, Councilmember Doug Stover, Councilmember Dave Herring, Councilmember Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert Hager. REGULAR SESSION 1. Call to order. (Open to the Public) Mayor Sheehan called the meeting to order, determined that a quorum was present and convened into Executive Session. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code Consultation with City Attorney. 1. Proposed litigation regarding Animal Shelter. Mayor Sheehan convened into Executive Session at 6:14 p.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive Session at 6:17 p.m. and opened the Work Session. CMO6122001 Page 1 of 14 WORK SESSION (Open to the Public) 3. Convene Work Session A. Be Ce Presentation by James Fiberfence. Discussion of Coppell Health Directors. Discussion of Special Election. Discussion of Agenda Items. Williams regarding Facilities Board of REGULAR SESSION (Open to the Public) Invocation. Rod Culver, Coppell First Assembly of God, led those present in the invocation. Se Pledge of Alletliance. Mayor Sheehan led those present in the Pledge of Allegiance. Consider approval of a Proclamation honoring the Coppell Softball Team as Class 5A State Champions, and authorizing the Mayor to sign. Presentation: Mayor Sheehan read the Proclamation for the record and presented the same to the Coppell High School Girl's Softball team and coach. Action: Councilmember Raines moved to approve a Proclamation honoring the Coppell Softball Team as Class 5A State Champions, and authorizing the Mayor to sign. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem York and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and Herring voting in favor of the motion. CMO6122001 Page 2 of 14 Annual State of the Court Address presented by the Honorable Marian Moseley. Presentation: Marian Moseley, Municipal Judge, presented a report to the Council. Citizen's Appearances. There was no one signed up to speak under this item. 9. Consider approval of the following consent agenda items: A. Consider approval of minutes: May 22, 2001. Be Consider approval of a License Agreement between the City of Coppell and Carrollton Farmers Branch 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. Land Use and Development Ce Consider approval of an Ordinance abandoning a 15- foot drainage easement along the front of Lot 1, Block I of a Replat of a Part of Freeport North (proposed to be Lo.t. 1, Block I of .Northpoint Addition), and authorizing the Mayor to sign. De Consider approval of an Ordinance for Case No. S- 1137R, First United Methodist Church, zoning change request from SF-7 and SF-12, SUP 1137 and SUP 1052 {Single Family-7 and Single Family-12, Special Use Permits) to SF-7 and SF-12, SUP 1137R and SUP 1052 {Single Family-7 and Single Family- 12, Special Use Permits) to allow a revision to the west parking lot, on approximately 11.84 acres of property located at the northwest and northeast CMO6122001 Page 3 of 14 corners of Bethel School Road and Heartz Road, and authorizing the Mayor to sign. Consider approval of an Ordinance for Case No. S- 1182R, CC's Coffee House, zoning change request from PD-178R {Planned Development-178R) S-1182 to PD-178R-S.U.P 1182R {Planned Development- 178R, Special Use Permit), to allow a revision of the signage for the coffee shop located in the Town Center West Retail Center at 171 N. Denton Tap Road, and authorizing the Mayor to sign. Issues Discussed: Item D was pulled from the Consent Agenda to be considered separately. Action: Mayor Pro Tem York moved to approve Consent Agenda Items A, B, C carrying Ordinance No. 2001-951, and E carrying Ordinance No. 91500-A-296. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem York and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and Herring voting in favor of the motion. 9D. Consider approval of an Ordinance for Case No. S-1137R, First United Methodist Church, zoning change request from SF-7 and SF-12, SUP 1137 and SUP 1052 (Single Family-7 and Single Family-12, Special Use Permits) to SF-7 and SF-12, SUP 1137R and SUP 1052 (Single Family-7 and Single Family-12, Special Use Permits) to allow a revision to the west parking lot, on approximately 11.84 acres of property located at the northwest and northeast corners of Bethel School Road and Heartz Road, and authorizing the Mayor to sitln. Issues Discussed: Mayor Pro Tem York added a condition to Section 2 as follows: CMO6122001 Page 4 of 14 Section 2: Do Action: All existing Bradford Pear trees shall be relocated on the site, thereafter such trees shall be replaced according to the then current tree palette. Mayor Pro Tem York moved to approve Ordinance No. 91500-A-295 for Case No. S-1137R, First United Methodist Church, zoning change request from SF-7 and SF-12, SUP 1137 and SUP 1052 (Single Family-7 and Single Family-12, Special Use Permits) to SF- 7 and SF-12, SUP 1137R and SUP 1052 (Single Family-7 and Single Family-12, Special Use Permits) to allow a revision to the west parking lot, on approximately 11.84 acres of property located at the northwest and northeast corners of Bethel School Road and Heartz Road, and authorizing the Mayor to sign with the following condition: Section 2: Do All existing Bradford Pear trees shall be relocated on the site, thereafter such trees shall be replaced according to the then current tree palette. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem York and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and Herring voting in favor of the motion. 10. Consider approval of a Resolution establishintl the Fiscal Policy of the City of Coppell in reference to creating corporations that are elilgible to issue tax exempt debt, and authorizing the Mayor to sign. Presentation: Jim Witt, City Manager, made a presentation to Council. Action: Mayor Pro Tem York moved to approve Resolution No. 2001-0612.1 establishing the Fiscal Policy of the City of Coppell in reference to creating corporations that are eligible to issue tax exempt debt, and authorizing the Mayor to sign. Councilmember Garcia seconded the motion; the motion carried 7-0 with Mayor Pro Tem CMO6122001 Page 5 of 14 York and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and Herring voting in favor of the motion. 11. Consider approval of a Resolution authorizing and approving the creation of a health facilities development corporation on behalf of the City of Coppell, Texas; approvintl articles of incorporation, appointment of Directors, and approving by laws, and authorizing the Mayor to sign. Action: Councilmember Tunnell moved to approve Resolution No. 2001-0612.2 authorizing and approving the creation of a health facilities development corporation on behalf of the City of Coppell, Texas; approving articles of incorporation, appointment of Directors as follows: Names Date of Expiration of Term Lee Foreman Doug Stover Diana Raines Jay Turner William McGinnis May 2, 2002 May 2, 2003 May 2, 2004 May 2, 2005 May 2, 2006 And approving by laws, and authorizing the Mayor to sign. Councilmember Raines seconded the motion; the motion carried 7-0 with Mayor Pro Tem York and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and Herring voting in favor of the motion. 12. PUBLIC HEARING: Consider approval of Case No. S-1186-Potter Concrete, zonintl chantle request from LI {Light Industrial) to LI-SUP {Industrial, Special Use Permit), to allow for the operation of a concrete batch plant, for a period not to exceed one year, on approximately 1.16 acres of property located approximately 900 feet west of the intersection of Creekview & Royal, on the west side of Creekview Drive. CMO6122001 Page 6 of 14 Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to Council. Public Hearing: Mayor Sheehan opened the Public Hearing on Item 12 and advised that no one had signed up to speak. Issues Discussed: There was discussion regarding the letter received from Fellowship Church stating that the Church does not have a problem the proposed use. Action: Mayor Pro Tem York moved to close the Public Hearing and approve Case No. S-1186-Potter Concrete, zoning change request from LI (Light Industrial) to LI-SUP (Industrial, Special Use Permit), to allow for the operation of a concrete batch plant, for a period not to exceed one year, on approximately 1.16 acres of property located approximately 900 feet west of the intersection of Creekview & Royal, on the west side of Creekview Drive with the following conditions: The applicant shall be permitted to remain operational on the subject site for a period not to exceed one year from date of ordinance adoption, while maintaining the required permits through the Texas Natural Resources Conservation Commission. ° The applicant shall provide a copy of all TNRCC permits to the City. o Once operations of the concrete batch plant cease, the applicant shall restore the subject site to its original condition. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem York and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and Herring voting in favor of the motion. CMO6122001 Page 7 of 14 13. PUBLIC HEARING: Consider approval of Case No. PD-190 Trinity Shores, zonintl chantle request from R (Retail) to PD- SF-9 (Planned Development - Single-Family-9) to allow the development of 19 single-family homes on approximately 7.31 acres of property located on the south side of Sandy Lake Road, west of the Trinity River. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to Council. Mathew Marchant, 2125 North Josey Lane, Suite 100, Carrollton, Applicant, answered questions from the Council. Public Hearing: Mayor Sheehan opened the Public Hearing on Item 13 and advised that no one had signed up to speak. Issues Discussed: There was discussion regarding the Trinity River and this property; and how current trees be affected by this development. Action: Mayor Pro Tem York moved to close the Public Hearing and approve Case No. PD-190 Trinity Shores, zoning change request from R (Retail) to PD- SF-9 (Planned Development - Single-Family- 9) to allow the development of 19 single-family homes on approximately 7.31 acres of property located on the south side of Sandy Lake Road, west of the Trinity River with the following conditions: The final plat shall not be filed prior to the release of the updated F.E.M.A. maps, indicating that this property has been removed from the flood plain. ° Approval of the Homeowner's documents by the City Attorney. association CMO6122001 Page 8 of 14 Add decorative metal fence on the lots on the South side of the property. Councilmember Herring seconded the motion; the motion carried 7-0 with Mayor Pro Tem York and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and Herring voting in favor of the motion. 14. PUBLIC HEARING: Consider approval of Trinity Shores, Preliminary Plat, to allow the platting of 19 single-family lots on approximately 7.31 acres of property located on the south side of Sandy Lake Road, west of the Trinity River. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to Council. Public Hearinti: Mayor Sheehan opened the Public Hearing on Item 14 and advised that no one had signed up to speak. Action: Mayor Pro Tem York moved to close the Public Hearing and approve Trinity Shores, Preliminary Plat, to allow the platting of 19 single-family lots on approximately 7.31 acres of property located on the south side of Sandy Lake Road, west of the Trinity River with the following conditions: The final plat shall not be filed prior to the release of the updated F.E.M.A. maps, indicating that this property has been removed from the flood plain. Approval of the Homeowner's documents by the City Attorney. Association All planned development conditions shall be reflected on the Final Plat. CMO6122001 Page 9 of 14 Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem York and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and Herring voting in favor of the motion. 15. Consider approval of Coppell Middle School West, Site Plan and Final Plat, to allow the construction of a service center with bus/maintenance vehicle parking, several building additions, reconstruction of the concession building, and re-paving of the parking lot on approximately 51.7 acres of property located approximately 250 feet west of the intersection of Wrangler and Crestside Drives (1301 Wrangler Drive). Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to Council. Robert Howman, Engineer, answered questions of Council. Issues Discussed: There was discussion regarding the bus parking. Action: Mayor Pro Tem York moved to approve Coppell Middle School West, Site Plan and Final Plat, to allow the construction of a service center with bus/maintenance vehicle parking, several building additions, reconstruction of the concession building, and re-paving of the parking lot on approximately 51.7 acres of property located approximately 250 feet west of the intersection of Wrangler and Crestside Drives (1301 Wrangler Drive) with the following conditions: The applicant shall schedule a meeting with the City regarding existing and proposed water lines, prior to City Council review. (Meet prior to filing final plat.) Provide looped fire lane. Provide fire hydrants a minimum of every 300 feet as measured along the fire lane. CMO6122001 Page 10 of 14 o Review parking space dimensions and confirm the size as being 9' x 18' or 9' x 19'. All parking notations refer to 9' x 18' parking spaces; however, all spaces are required to measure 19' in length, unless additional space is provided for vehicle overhang. o More clearly indicate the area that is included in the Landscape Calculations. The landscape plan references a 7.71-acre area, but the plan does not show these boundaries. o Revise location map to correctly show Wrangler Drive. 6. TXU will require easements for existing and proposed facilities. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem York and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and Herring voting in favor of the motion. 16. Consider denial of an Ordinance for Case No. S-1185, Sergio's Market, Inc./Mangia! Market &k Bakery, zoning change request from C (Commercial} to C-SUP (Commercial, Special Use Permit}, to allow the operation of an approximately 1,800 square foot market and bakery to be located in Coppell Crossing IV Shopping Center at 777 S. MacArthur Boulevard. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to Council. Action: Councilmember Tunnell moved to deny an Ordinance for Case No. S-1185, Sergio's Market, Inc./Mangia! Market & Bakery, zoning change request from C (Commercial) to C-SUP (Commercial, Special Use Permit), to allow the operation of an approximately 1,800 square foot market and bakery to be located in Coppell Crossing IV Shopping Center at 777 S. MacArthur Boulevard. Councilmember Raines seconded the motion to deny the CMO6122001 Page 11 of 14 Ordinance, the motion carried 7-0 with Mayor Pro Tem York and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and Herring voting in favor of the motion. 17. Discussion of August Special Election and authorizing staff to proceed with the preparation documents for said election. Presentation: Jim Witt, City Manager, made a presentation to Council. Action: Councilmember Tunnell moved to authorize staff to proceed with preparation of documents for an August election. Councilmember Herring seconded the motion, the motion carried 7-0 with Mayor Pro Tem York and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and Herring voting in favor of the motion. 18. Necessary action resulting from Work Session. There was no action necessary under this item. 19. Mayor and Council Reports. A. Report by Mayor Sheehan regarding Council Goals as developed at Council Retreat. B. Report by Mayor Sheehan regarding President George Bush Turnpike, Segment IV. C. Report by Mayor Sheehan regarding dates for Budget Meetings. D. Report by Mayor Sheehan regarding Old Town Coppell Flea Market. E. Report by Mayor Sheehan regarding Joint Meeting with CISD Board of Trustees. F. Report by Councilmember Garcia regarding Coppell Baseball Association. G. Report by Councilmember Stover regarding Project Graduation. CMO6122001 Page 12 of 14 ao Bo Co Do ao Fo Mayor Sheehan reported on the Council Goals that were developed at the Council Retreat held June 9, 2001. Mayor Sheehan reported on the Public Hearing she attended regarding the President George Bush Turnpike, Segment IV, which is scheduled to be completed in Summer of 2004. Mayor Sheehan announced the dates for upcoming meetings: June 18th at 6:00 p.m. Joint Meeting with Coppell ISD July 9th at 6:00 p.m. Budget Hearing July 10th City Council Meeting July 26th at 6:00 p.m. Budget Hearing Mayor Sheehan encouraged everyone to attend the Old Town Coppell Flea Market will be held on June 23,2001. Mayor Sheehan encouraged everyone to attend the joint meeting with the Coppell I.S.D. at 7:00 p.m. at the William T. Cozby Library. Councilmember Garcia reported on the Coppell Baseball Association and thanked the City staff for all their cooperation to make this a successful season. G. Councilmember Stover reported on what a phenomenal program Project Graduation is. 20. Necessary Action Resulting from Executive Session. Action: Mayor Pro Tem York moved to authorize the City Attorney to pursue all available legal remedies to obtain completion, repair to, and reimbursement from regarding the problems with the Coppell Animal Shelter, including but not limited to, filing suit or other appropriate remedies at law or equity. Councilmember Tunnell seconded the motion, the motion carried 7-0 with Mayor Pro Tem York and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and Herring voting in favor of the motion. CMO6122001 Page 13 of 14 Adjournment, ~ There being no further business to come before the City Council, the meeting was adjourned. Candy Sheehan, Mayor ATTEST: Libby Ball, City Secretary CMO6122001 Page 14 of 14