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CM 2002-03-19MINUTES OF MARCH 19, 2002 The City Council of the City of Coppell met in Regular Called Session on Tuesday, March 19, 2002, at 5:30 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 (Open to the Public) 1. Call to order. Mayor Sheehan called the meeting to order, determined that a quorum was present and convened into Executive Session. EXECUTIVE SESSION (Closed to the Public) e Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Briefing by City Attorney and City Manager on PUC and Retail Electrical Providers. B. Section 551.074, Texas Government Code - Personnel Matters. 1. City Manager Evaluation. Mayor Sheehan convened into Executive Session at 5:42 p.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive Session at 6:20 p.m. and opened the Work Session. CMO31902 Page ^ 1 of^ 12 WORK SESSION (Open to the Public) Convene Work Session A. Discussion regarding Traffic Issues on Sandy Lake Road. B. Discussion regarding Council Goals. C. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Invocation. Rod Collver, Pastor of the First Assembly of God Church of Coppell, led those present in the invocation. 5. Pledge of Allegiance. Mayor Sheehan led those present in the Pledge of Allegiance. 6. PROCLAMATIONS: Consider a proclamation proclaiming the week of March 24-30, 2002 as Coppell Radio Amateur Civil Emergency Service Recognition Week, and authorizing the Mayor to sign. Consider approval of a Proclamation naming April 20, 2002 as Clean Coppell-Earthfest 2002, and authorizing the Mayor to sign. ao Mayor Sheehan read the proclamation and presented the same to Don Thomas and members who were present. Action: Councilmember Tunnell moved to approve a proclamation proclaiming the week of March 24-30, 2002 as Coppell Radio Amateur Civil Emergency Service Recognition Week, 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. CMO31902 Page ^ 2 of^ 12 Bo Mayor Sheehan read the proclamation and presented the same to Julia Petty and Amanda Vanhoosier. Action: Councilmember Tunnell moved to approve a Proclamation naming April 20, 2002 as Clean Coppell-Earthfest 2002, 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. Presentation of certificates of appreciation to Boy Scouts completing Eagle Scout projects with the city of Coppell Parks and Leisure Services Department. Presentation: Mayor Sheehan presented certificates of appreciation to Ryan Buchman and Brent Linz. Presentation by Waste Management Klaiber, addressintl the rate changes residential solid waste services. representative, John for commercial and Presentation: John Klaiber with Waste Management made a presentation to Council regarding rate changes. Presentation by Girl Scout Ambassador regarding activities in the Coppell area. Presentation: Katie White made a presentation to Council regarding the Girl Scout Program. 10. Report by the Keep Coppell Beautiful Committee. CMO31902 Page ^ 3 of^ 12 Presentation: Julia Petty made the Keep Coppell Beautiful Committee's semi-annual report to Council. 11. Citizen's Appearances. Julia Petty, 417 Wellington, voiced her disappointment of the passing of additional tax exemptions. CONSENT AGENDA 12. Consider approval of the following consent agenda items: A. Consider approval of minutes: February 26, 2002. Consider approval of an Ordinance of the City of Coppell, Texas, amending[ the Code of Ordinances, by adding Chapter 13, Ordinance No. 94643, Subdivision Regulations, as amended; and authorizing the Mayor to sign. Land Use and Development C. Consider approval of an Ordinance regarding text change amendments to Chapter 12, Zoning, of the Code of Ordinances to correct clerical errors within the following sections: 12-17-1.3; 12-18-4; 12-22-7; 12-23-1.7; 12- 26-1.2; 12-27-2.2; 12-30-14; 12-34-4; 12-34-5; 12-34- 8{C)2.c; 12-30-15; 12-36-3 and 12-39-3 (U), and authorizing the Mayor to sign. Resolutions Consider approval of a Resolution of the City Council of the City of Coppell, Texas, amending the Coppell Economic Development Committee Resolution 102699.1 (Bylaws); adding Subsection E to Section 2, Attendance; providing for the repeal of any and all resolutions in CMO31902 Page ^ 4 of^ 12 conflict, providintl for severability clause; and providing an effective date, and authorizing the Mayor to sign. Consider approval of a Resolution amending Resolution #010996.3, as heretofore amended, with regard to Refuse Collection fees, Food Establishment Fees, the addition of a Re-Inspection Fee for Public or Semi Public Pools or Spas, and authorizing the Mayor to sign. Item A was pulled for discussion. Items B-E: Action: Councilmember Tunnell moved to approve Consent Agenda Items B, carrying Ordinance No. 2002-982, C carrying Ordinance No. 91500-A-318, D carrying Resolution No. 2002-0319.1 and E carrying Resolution No. 2002-0319.2. Mayor Pro Tem York 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. Item A: Action: Councilmember Stover moved to approve Consent Agenda Item A, Minutes, with the provision that the "Issues Discussed" portion be deleted from these and future minutes. Mayor Pro Tem York 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. PUBLIC HEARING: Consider approval of Case No. S-1197, Donut Place, zoning change request from PD-133-HC-R2 (Planned Development- 133-HC-R2) to PD- 133-HC-R2-S.U.P- 1197 (PD- 133-HC-R2, Special Use Permit-1197), to allow the operation of a 1,088 square-foot donut shop to be located in Magnolia Village, at 651 N. Denton Tap Road. CMO31902 Page ^ 5 of^ 12 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 on this proposal. Action: Mayor Pro Tem York moved to close the Public Hearing and approve Case No. S-1197, Donut Place, zoning change request from PD-133-HC-R2 (Planned Development-133-HC-R2) to PD-133-HC-R2-S.U.P-1197 (PD- 133-HC-R2, Special Use Permit-il97), to allow the operation of a 1,088 square-foot donut shop to be located in Magnolia Village, at 651 N. Denton Tap Road, subject to the site plan, floor plan, and sign elevation. 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. 14. Consider approval of an amendment to the Gateway Business Park, Lot 2, Block A, Site Plan, to allow the addition of a generator with a screening wall enclosure and landscaping on 7.31 acres of property located at 555 Dividend Drive. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Action: Mayor Pro Tem York moved to approve an amendment to the Gateway Business Park, Lot 2, Block A, Site Plan, to allow the addition of a generator with a screening wall enclosure and landscaping on 7.31 acres of property located at 555 Dividend Drive. 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. CMO31902 Page ^ 6 of^ 12 15. Consider approval of the Wynnpage Plaza South, Building 2, Site Plan, request to allow the development of an approximately 9,000 square-foot office building on approximately one acre of property located at the southwest corner of Denton Tap Road and Wynnpage Drive. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to Council regarding Items 15 and 16. Action: Mayor Pro Tem York moved to approve: Item 15: The Wynnpage Plaza South, Building 2, Site Plan, request to allow the development of an approximately 9,000 square-foot office building on approximately one acre of property located at the southwest corner of Denton Tap Road and Wynnpage Drive with the following conditions: 1) Mount light fixtures on the two front entrances along Denton Tap Road; All meters shall be screened from view within the entrance features or behind solid screening; and Item 16: The Wynnpage Plaza, Lot 2, Block A, Minor Plat, request to allow the development of an approximately 9,000 square-foot office building on approximately one acre of property located at the southwest corner of Denton Tap Road and Wynnpage Drive 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 approval of the Wynnpage Plaza, Lot 2, Block A, Minor Plat, request to allow the development of an approximately 9,000 square-foot office building on CMO31902 Page ^ 7 of^ 12 approximately one acre of property located at the southwest corner of Denton Tap Road and Wynnpage Drive. This item was considered under Item 15. See Item 15 for minutes. 17. PUBLIC HEARING: Consider approval of text change amendments to Chapter 12, Zoning[, of the Code of Ordinances to amend Section 29, Sign Regulations, of the Zoning Ordinance, including: Sections 12-29-1 & 12-29-3, to clarify the ordinance as it relates to the prohibition of roof and canopy sglns; Sections 12-29-4.3(A) & (B), and 12-29-5.(A) to provide a clarification of the provisions for the placement and size of attached signs; Section 12-29-7.5 to allow temporary off-premise sglns for religious institutions; 12-29-2.3(A), requiring a permit for the changing of a message on an existing sign; 12-29-4.2(B) to revise the number of monument signs permitted for large industrial projects; and amending Section 12-29-7.4, revising the timing of the placement of temporary construction signs. 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 on this proposal. Action: Councilmember Tunnell moved to close the Public Hearing and approve text change amendments to Chapter 12, Zoning, of the Code of Ordinances to amend Section 29, Sign Regulations, of the Zoning Ordinance, including: Sections 12-29-1 & 12-29-3, to clarify the ordinance as it relates to the prohibition of roof and canopy signs; Sections 12-29-4.3(A) & (B), and 12-29-5.3(A) to provide a clarification of the provisions for the placement and size of attached signs; Section 12-29-7.5 to allow temporary off-premise signs for religious institutions; 12-29-2.3(A), requiring a permit for the changing of a message on an existing sign; 12-29-4.2(B) to revise the number of monument signs permitted for large industrial projects; and amending Section 12-29-7.4, CMO31902 Page ^ 8 of^ 12 revising the timing of the placement of temporary construction signs. Councilmember Garcia 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. Consider approval of an Ordinance regarding text change amendments to Chapter 12, Zoning, of the Code of Ordinances as follows: Sections 12-20-5, 12-21-5, 12-22-5, 12-23-5, 12-24-8, Type of exterior construction, to add subsections 1 through 5, and to add subsections I & 2 to Sections 12-25-5 and 12-26-5 to incorporate provisions as adopted in the C.I.V.I.C. Report; to amend Section 12-29-4.3{A} to add subsection i, to provide additional provisions for attached signage, and to amend Section 12-29-3.3(N} Prohibited Signs, revising subsection (N) to delete reference to attached signs, and authorizing the Mayor to sign. Action: Councilmember Tunnell moved to approve Ordinance No. 91500-A-319 regarding text change amendments to Chapter 12, Zoning, of the Code of Ordinances as follows: Sections 12-20-5, 12-21-5, 12-22-5, 12-23-5, 12-24-8, Type of exterior construction, to add subsections 1 through 5, and to add subsections 1 & 2 to Sections 12-25-5 and 12-26-5 to incorporate provisions as adopted in the C.I.V.I.C. Report; to amend Section 12-29-4.3(A) to add subsection i, to provide additional provisions for attached signage, and to amend Section 12-29-3.3(N) Prohibited Signs, revising subsection (N) to delete reference to attached signs, and authorizing the Mayor to sign. Councilmember Raines seconded the motion; the motion carried 5-2 with Mayor Pro Tem York and Councilmembers Garcia, Raines, Tunnell, and Stover voting in favor of the motion and Councilmembers Peters and Herring voting against the motion. 19. Consider approval of an Ordinance regarding a text change amendment to Chapter 12, Zoning, of the Code of Ordinances to amend Section 12-31-6.28 to revise parking requirements and add stacking/queuing provisions for restaurants, and authorizing the Mayor to sign. CMO31902 Page ^ 9 of^ 12 Action: Councilmember Tunnell moved to approve Ordinance No. 91500-A-320 regarding a text change amendment to Chapter 12, Zoning, of the Code of Ordinances to amend Section 12-31-6.28 to revise parking requirements and add stacking/queuing provisions for restaurants, and authorizing the Mayor to sign. Councilmember Raines seconded the motion; the motion failed 3-4 with Councilmembers Garcia, Raines and Tunnell voting in favor of the motion and Mayor Pro Tem York and Councilmembers Peters, Stover and Herring voting against the motion. 20. Consider approval of a FY 2001 Dallas County CDBG Project Implementation Agreement between the City of Coppell and Dallas County for fire hydrant installation within the Golden Triangle Mobile Home Park; and authorizing the Mayor to sign. Presentation: City Manager Jim Witt made a presentation to the Council. Action: Mayor Pro Tem York moved to approve a FY 2001 Dallas County CDBG Project Implementation Agreement between the City of Coppell and Dallas County for fire hydrant installation within the Golden Triangle Mobile Home Park; 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. 21. Consider approval of an ordinance amending Chapter 6 Section 6-2-11 and Chapter 9, Section 9-11-3, by establishing mobile vending/distribution of certain food or confections services within specified city property, except for special events authorized by the Special Events Ordinance, authorizing the Mayor to sign. Presentation: Gary Sims, Director of Parks and Leisure Services, made a presentation to the Council. CMO31902 Page ^ 10 of^ 12 Action: Councilmember Tunnell moved to postpone this item and bring it back to the April 9, 2002 City Council Meeting. Councilmember Stover 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. 22. Consider approval of a Resolution suspending the proposed rate schedules of TXU Gas Distribution Company, providing that the rate schedules of said company shall remain unchanged during the period of suspension, providing for notice hereof to said company, and authorizing the Mayor to sign. Presentation: City Manager Jim Witt made a presentation to the Council. Action: Councilmember Peters moved to approve Resolution No. 2002-0319.3 suspending the proposed rate schedules of TXU Gas Distribution Company, providing that the rate schedules of said company shall remain unchanged during the period of suspension, providing for notice hereof to said company, 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. 23. Necessary action resulting from Work Session. There was no action necessary under this item. 24. City Manager's Report. A. Report from North Bank meeting. B. CIP Update. Texas Commission Federal Reserve CMO31902 Page^ 11 of^ 12 A. B. City Manager Jim Witt reported on the North Texas Commission Federal Reserve Bank meeting he attended with Councilmember Peters. City Manager Jim Witt updated Council on progress of the current CIP projects. 25. Mayor and Council Reports. A. Report by Mayor Sheehan regarding Youth Leadership's Leading to a Cure - A Run/Walk for Cancer. Report by Councilmember Tunnell regarding National League of Cities Congressional Meeting. Report by Councilmember Raines regarding YMCA. A.o Mayor Sheehan announced that the Youth Leadership's Leading to a Cure - A Run/Walk for Cancer will be held on Saturday, March 23, 2002 at Coppell High School. B. Councilmember Tunnell reported on the National League of Cities Congressional Meeting she attended in Washington, D.C. C. Councilmember Raines announced that on June ist the YMCA will hold their first Family/Kid Triathlon. 26. Necessary Action Resulting from Executive Session. There was no action necessary under this item. There being no further business to come before the City Council, the meeting was adjourned. ATTEST: Candy Sheehan, Mayor Libby Ball, City Secretary CMO31902 Page ^ 12 of^ 12