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CM 2001-08-14 MINUTES OF AUGUST 14, 2001 The City Council of the City of Coppell met in Regular Called Session on Tuesday, August 14, 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 (late arrival) Greg Garcia, Councilmember Jayne Peters, Councilmember Diana Raines, Councilmember Marsha Tunnell, Councilmember Doug Stover, Councilmember Dave Herring, Councilmember Also present were Deputy City Manager Clay Phillips, 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, determined that a quorum was present and convened into Work Session. WORK SESSION {Open to the Public) 2. Convene Work Session A. Discussion of chanl/ies necessitated by Special Charter Election held on AuE'ust 11, 2001, if necessary. B. Review timetable for implementation of 379A corporation, if necessary. C. Proposed questions for Board / Commission / Committee interviews. D. Discussion of MacArthur/Sandy Lake Road Hospitality Idea by Councilmember Herring. E. Discussion of Fiberfence material alternatives by Councilmember Raines. F. Discussion of Entryways into the City. G. Discussion of Atlenda Items. cm08142001 Page 1 of 12 Mayor Pro Tem York arrived at this time. REGULAR SESSION (Open to the Public) 3. Invocation. Pastor Wayne MacDonald, Metrocrest Community Church, led those present in the invocation. 4. Pledge of Allegiance. Mayor Sheehan led those present in the Pledge of Allegiance. 5. Introduction of new County Commissioner Ken Mayfield by former County Commissioner Jim Jackson. Jim Jackson introduced the new County Commission Ken Mayfield. 6. Canvass returns of the August 11, 2001 Special Election, approval of an order declaring the results of said election and authorizing the Mayor to sign. Presentation: Bob Hager, City Attorney, read the Canvass of Returns and Declaration of Results of election into the record showing the following number of votes: That the following number of votes were cast for the adoption of a sales and use tax, to-wit: Education Development Sales Tax Proposal 1289 VOTES FOR 1181 VOTES AGAINST 2470 TOTAL VOTES cm08142001 Page 2 of 12 That the following number of votes were cast for the following Propositions for amendments to the Home Rule Charter, to-wit: PROPOSITION I 1252 VOTES FOR 1165 VOTES AGAINST 2417 TOTAL VOTES PROPOSITION 2 2027 VOTES FOR 393 VOTES AGAINST 2420 TOTAL VOTES PROPOSITION 3 1506 VOTES FOR 863 VOTES AGAINST 2369 TOTAL VOTES PROPOSITION 4 1707 VOTES FOR 655 VOTES AGAINST 2362 TOTAL VOTES PROPOSITION 5 1273 VOTES FOR 975 VOTES AGAINST 2248 TOTAL VOTES It appearing that Propositions One, Two, Three, Four and Five received a majority of the votes cast at said election, Propositions One, Two, Three, Four and Five are hereby declared to be approved by voters. Action: Councilmember Tunnell Moved to approve Resolution No. 2001-0814.1 declaring the results of the August 11, 2001, Special Election and authorizing the Mayor to sign. 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. cm08142001 Page 3 of 12 7. Presentation by Leadership Coppell Class of 2001. Members of the Leadership Coppell Class of 2001, represented by Lee Foreman, presented a plaque and clock to the City of Coppell. 8. Consider approval of a proclamation naming September 18, 2001 CPAC Recognition Day, and authorizing the Mayor to sign. Presentation: Mayor Sheehan read the proclamation for the record and presented the same to Tom Sawyer, President, CPAC. Action: Councilmember Peters moved to approve a proclamation naming September 18, 2001 CPAC Recognition Day, and authorizing the Mayor to sign. 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. 9. Report by Coppell Economic Development Partnership. William Rohloff, Chair, made a presentation to the Council. 10. Citizen's Appearances. Doug Powers, 901 Brown Trail, volunteered for the Coppell Education Development Corporation. 11. Consider approval of the followintl consent atlenda items: A. Consider approval of minutes: July 10, 2001. B. Consider approval of a License Agreement between the City of Coppell and Ronnie and Linda Hunt concerning encroachments into an existing alley cm08142001 Page 4 of 12 ritlht-of-way adjacent to Lot 19, Block K Willowood Addition No. I (548 Havencrest Lane); and authorizing the City Manager to sign. C. Consider approval of a License Agreement between the City of Coppell and Kevin and Donna Brown concerning[ encroachments into an existing[ alley right-of-way adjacent to Lot 2, Block I Northlake Woodland East Phase III (607 Meadowview); and authorizing the City Manager to sign. D. Consider approval of a License Agreement between the City of Coppell and John D. Lightbourn concerning encroachments into an existing alley right-of-way adjacent to Lot 5, Block M of The Meadows Section IV (719 Meadowglen Circle); and authorizing the City Manager to sign. E. Consider approval of a Professional Services Agreement with Schrickel, Rollins and Associates for the preparation of Construction Documents related to the development of Tennis Courts and related amenities at Wagon Wheel Park in an amount not to exceed $123,000.00, and authorizing the City Manager to sign. F. Consider approval of change orders to the Dean Construction Contract for Phase II of Wagon Wheel Park, in the total amount of $59,395.00, and authorizing the City Manager to sign. Land Use and Development G. Consider the revocation of Ordinance No. 91500-A- 281 for Special Use Permit-1181, which would have allowed the operation of CC's Coffee House to be located in Suite 401 of the Coppell Crossing IV Shopping Center at 777 S. MacArthur Boulevard, and authorizing the Mayor to sign. cm08142001 Page 5 of 12 H. Consider approval of an Ordinance for Case No. PD- 191, Freeport VII, zoning change from LI {Light Industrial) to PD-191-LI {Planned Development-191, Light Industrial), to allow a reduction in the required parking on approximately 17.824 acres of property located at 611 S. Royal Lane, south of Creekview Drive {Freeport North Addition, Lot 2, Block A), and authorizing the Mayor to sign. I. Consider approval of an Ordinance for Case No. PD- 129R2, Parks of Coppell, Tract III {Huntington Ridge), zoning change from PD-129R {Planned Development- 129R) to PD- 129R2 {Planned Development-129R2), to allow the construction of a masonry wall and revise monument signs to add raised planting beds on approximately 26.177 acres of property located at the southwest corner of Parkway Boulevard and Denton Tap Road, and authorizing the Mayor to sign. J. Consider approval of an Ordinance for Case No. S- 1188, Pan Acean Noodle Shop & Grill, zoning change from C {Commercial) to C-SUP-1188 {Commercial, Special Use Permit-Il88), to allow the operation of an approximately 2,950 square-foot Chinese restaurant with private club to be located in the Coppell Crossing IV Shopping Center, 777 S. MacArthur Boulevard, and authorizing the Mayor to sign. K. Consider approval of an Ordinance for Case No. S- 1187, Tasty Donuts, zoning change from C {Commercial) to C-SUP-1187 {Commercial, Special Use Permit-Il87), to allow the operation of an approximately 1,050 square-foot donut shop to be located in Suite 409 of the Coppell Crossing IV Shopping Center, 777 S. MacArthur Boulevard, and authorizing the Mayor to sign. cm08142001 Page 6 of 12 Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B, C, D, F, G carrying Ordinance No. 91500-A-299, H carrying Ordinance No. 91500-A-300, I carrying Ordinance No. 91500-A-301, J carrying Ordinance No. 91500-A-302 and K carrying Ordinance No. 91500-A-303. Item E will be continued until the August 28, 2001 meeting. 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. 12. Consider approval of a proposal to maintain a tax rate of .6486 for the 2001 tax year and to set the Public Hearing on the proposed tax rate for the next regularly scheduled Council Meeting on August 28, 2001 at 7:30 p.m. Action: Councilmember Peters moved to approve a proposal to maintain a tax rate of .6486 for the 2001 tax year and to set the Public Hearing on the proposed tax rate for the next regularly scheduled Council Meeting on August 28, 2001 at 7:30 p.m. 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. 13. Consider approval of the certification of the 2001 anticipated collection rate for the period of July 1, 2001 through June 30, 2002 and the amount of excess debt collections during the period of July 1, 2000 and June 30, 2001. Action: Councilmember Tunnell moved to approve the certification of the 2001 anticipated collection rate for the period of July 1, 2001 through June 30, 2002 and the amount of excess debt collections during the period of July 1, 2000 and June 30, 2001. Councilmember Garcia seconded the motion; the motion carried cm08142001 Page 7 of 12 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 Case No. S-1189, Donut City, zoning change request from C {Commercial} to C-S.U.P. {Commercial, Special Use Permit}, to allow the operation of an approximately 973 square-foot donut shop to be located along the west side of Denton Tap Road, north of Town Center 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 no one signed up to speak. Action: Councilmember Tunnell moved to close the Public Hearing and approve Case No. S-1189, Donut City, zoning change request from C (Commercial) to C-S.U.P. (Commercial, Special Use Permit), to allow the operation of an approximately 973 square-foot donut shop to be located along the west side of Denton Tap Road, north of Town Center Drive with the following conditions: 1. The hours of operation being limited to 5:00 a.m. to 5:00 p.m. seven days a week. 2. The development of this property shall be in accordance with the site plan, elevations, floor plan and sign plans. 3. Retribution for the loss of an 8-caliper inch Cedar tree which was destroyed, by planting a 4- caliper inch Austrian Pine and paying a monetary fine of $400 to compensate for the remaining 4-caliper inch loss ($100 per caliper inch); pursuant to letter from Mark Wainscott dated August 1,2001. cm08142001 Page 8 of 12 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. 15. Consider approval of the Town Center Addition, Lot 3, Block 3, Site Plan (First American Bank}, to allow the development of an approximately 4,995 square-foot bank building on 1.13 acres of property located along the east side of Denton Tap Road, approximately 325 feet south of Parkway Boulevard. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Cliff Whisenhunt, 8401 North Central Expressway, Dallas, representing the applicant, made a presentation to Council. Issues Discussed: There was discussion regarding the traffic patterns. Action: Councilmember Peters moved to approve the Town Center Addition, Lot 3, Block 3, Site Plan (First American Bank), to allow the development of an approximately 4,995 square-foot bank building on 1.13 acres of property located along the east side of Denton Tap Road, approximately 325 feet south of Parkway Boulevard with the following condition: 1. The sign be the one that City Staff and the Planning and Zoning Commission indicated with the muted colors. Councilmember Garcia seconded the motion; the motion carried 6-1 with Mayor Pro Tem York and Councilmembers Garcia, Peters, Raines, Stover and Herring voting in favor of the motion and Councilmember Tunnell voting against the motion. cm08142001 Page 9 of 12 16. Consider approval of awarding bid Q-0501-01 for the Justice Center Renovation project to K. C. Construction Services, Inc. in the amount of $252,093.00, as funded through CIP, and authorizing the City Manager to sign. Councilmember Tunnell moved to approve awarding bid Q-0501-01 for the Justice Center Renovation project to K. C. Construction Services, Inc. in the amount of $252,093.00, as funded through CIP, and authorizing the City Manager to sign. 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. 17. Update on the Daily Water Conservation Plan. Presentation: Ken Griffin, Director of Engineering, made a presentation to the Council. 18. Necessary action resulting from Work Session. There was no action necessary under this item. 19. City Manager's Report. A. Performance measurements. A. Clay Phillips, Deputy City Manager, reported on the ICMA Centers for Performance Measurement Report which has been issued. 20. Mayor and Council Reports. A. Report by Mayor Sheehan regarding Coppell Night Out. B. Report by Mayor Sheehan regarding DFW/DART Public Hearing. C. Report by Mayor Sheehan regarding NTC/DFW Airport / Cities Luncheon. cm08142001 Page 10 of 12 D. Report by Mayor Sheehan regarding New Teacher Breakfast. E. Report by Mayor Sheehan regarding Remax DFW Associates Meeting. F. Report by Mayor Sheehan regarding Denton County Mayors' Meeting. A. Mayor Sheehan reported on the huge success of Coppell Night Out. B. Mayor Sheehan reported on the Public Hearing she and other Councilmembers and staff members attended regarding the DFW/DART issue and announced that the City will stay on top of this issue. C. Mayor Sheehan reported on the NTC/DFW Airport/Cities Luncheon she and other Councilmembers attended. D. Mayor Sheehan thanked Sharon Logan, Public Information Officer, the Chamber and the Education Committee for all the hard work they did on the New Teachers' Breakfast. E. Mayor Sheehan reported that she was one of the speakers for the Remax/DFW Associates Meeting and presented an update on Coppell. F. Mayor Sheehan reported on the Denton County Mayors' Meeting she attended. EXECUTIVE SESSION {Closed to the Public) 21. Convene Executive Session A. Section 551.071{1), Texas Government Code - Consultation with City Attorney. 1. Papagolas Development Company v. City of Coppell. Mayor Sheehan convened into Executive Session at 9:31 p.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive Session at 9:38 p.m. and opened the Work Session. cm08142001 Page 11 of 12 REGULAR SESSION (Open to the Public) 22. Necessary action resulting from Executive Session. There was no action necessary under this item. Adjournment. There being no further business to come before the City Council, the meeting was adjourned. Candy Sheehan, Mayor ATTEST: Libby Ball, City Secretary cmO8142001 Page 12 of 12