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CM 1996-06-11 MINUTES OF JUNE 11, 1996 The City Council of the City of Coppell met in Regular Called Session on Tuesday, June 11, 1996 at 6:00 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Tom Morton, Mayor Lanny Mayo, Mayor Pro Tem Norm Alexander, Councilmember Chuck Sturges, Councilmember Danny L. Watson, Councilmember Marsha Tunnell, Councilmember Ron Robertson, Councilmember Councilmember Sheehan was absent from the meeting. Also present were City Manager Jim Witt, City Secretary Linda Grau, City Attorney Peter G. Smith and Jason Marshall from the City Attorney's Office. REGULAR SESSION (Open to the Public) 1. Call to order. Mayor Morton called the meeting to order and adjourned 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. CED, et al vs. City of Coppell, et al. B. Section 551.072, Texas Government Code - Deliberation regarding real property. 1. Park acquisition - West Sandy Lake Road. Mayor Morton convened into Executive Session at 6:10 p.m. as allowed under the above-stated article. Mayor Morton adjourned the Executive Session at 6:56 p.m. and opened the Work Session. CM0SlL~ Pa~c lo~S WORK SESSION (Open to the Public) 3. Convene Work Session A. Planning 1. Land Use Plan 2. Zoning Cases B. Discussion of Agenda Items REGULAR SESSION (Open to the Public) 4. Invocation. Mayor Pro Tem Mayo led those present in the Invocation. 5. Pledge of Allegiance. Mayor Morton led those present in the Pledge of Allegiance. 6. Citizen's Appearances. -- A. Ed Caldwell, 601 Shadowcrest, spoke to Council regarding the accusations against his son, the brochure he received in the mail and the Conduct Review Board, the lawsuit against the City and himself and the hiring of attorneys. CONSENT AGENDA 7. Consider approval of the following consent agenda items: A. Consider approval of minutes: May 14, 1996 May 28, 1996 B. Designation of an Acting City Manager to perform in the event of the absence of the City Manager. C. Consider approval of Office Supply Bid, Q-0596-01 to be awarded to Boise Cascade for the period July 1, 1996 to June 30, 1997. D. Consider approval of an ordinance amending Section 9-11-1lB of the Code of Ordinances to provide for the establishment of a Tree Board appointed by -- the City Council, and authorizing the Mayor to sign. CM0$11~ l'age 2 o~ 8 E. Consideration of awarding Bid/Contract #Q-0496-01 for the construction of Moore Road Drainage Improvements DR 93-03 to M-Co Construction, Inc. in the amount of $316,908.00 and authorizing the Mayor to sign. Mayor Pro Tem Mayo moved to approve Consent Agenda Items A, B, C, D carrying Ordinance No. 96765 and E. Councilmember Robertson seconded the motion; the motion carried 6-0 with Mayor Pro Tem Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, and Robertson voting in favor of the motion. 8. Report regarding Citizen Survey conducted by Ray Turco and Associates. City Manager Jim Witt made a presentation to the Council. Ray Turco addressed the Council concerning the results of the Citizen Survey. The original document is on file in the City Secretary Department. 9. PUBLIC HEARING; To consider designation of the Havertys Furniture Co. Inc., Tax Abatement area as a reinvestment zone, pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone designation is that property owned by Havertys Furniture Co., Inc. described as all of Lot 1 and part of Lot 2 Block 2, Gateway Business Park (26.3813 Acres). Gary Sieb, Director of Planning and Community Services, made a presentation to the Council stating that Phase I is to be built at the present time and Phase H would be built at a future date. Mayor Morton opened the Public Hearing and asked for those persons wishing to speak regarding this proposal. There were none. Councilmember Robertson moved to close the Public Hearing and approve the designation of the Havertys Furniture Co. Inc., Tax Abatement area as a reinvestment zone, pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act and approve Ordinance No. 96766 designating Tax Abatement Reinvestment Zone#12; pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, said area being the property owned by Havertys Furniture Co. Inc., described as all of Lot 1 and part of Lot 2 of Block 2, Gateway Business Park (26.3813 Acres). Mayor Pro Tem Mayo seconded the motion; the motion carried 6-0 with Mayor Pro Tem Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, and Robertson voting in favor of the motion. 10. Consider approval of an Ordinance designating Tax Abatement Reinvestment Zone #12; pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, said area being the property owned by Havertys Furniture Co. Inc., described as all of Lot 1 and part of Lot 2 of Block 2, Gateway Business Park (26.3813 Acres). This item was considered under Item 9. See Item 9 for minutes. CM~IIg~ ~e3 o~8 ~_ 11. PUBLIC HEARING: Consider approval of Case No. ZC-590, Property Trust Partnership, zoning change from SF-12 (Single Family-12) to TC (Town Center), on 1 acre of property located on the north side of Sandy Lake Road, approximately 379 feet east of Denton Tap Road. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Morton opened the Public Hearing and asked for those persons wishing to speak regarding this proposal. Jim McCown, 109 Dickens Drive; Bob Vint, 105 Dickens Drive; and Hank Edmiston, 116 Dickens addressed the Council stating their areas of concern with this proposal. Mayor Morton stated he had received a request for Executive Session and adjourned into Executive Session. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Morton convened into Executive Session at 8:32 p.m. as allowed under the above-stated article. Mayor Morton adjourned the Executive Session at 8:38 p.m. and opened the Regular Session, continuing with Item 11. (Continuation of Item 11) Councilmember Robertson expressed his desire to table this proposal until all aspects could be reviewed. Bill Anderson, Applicant, addressed the Council concerning some of the concerns raised. After lengthy discussion, Councilmember Robertson moved to hold the Public Hearing open and continue this item until the meeting of July 9, 1996. Mayor Pro Tem Mayo seconded the motion; the motion carried 5-1 with Mayor Pro Tem Mayo and Councilmembers Alexander, Watson, Tunnell, and Robertson voting in favor of the motion and Councilmember Sturges voting against the motion. A short recess was held at this time. 12. PUBLIC HEARING: Consider approval of Case No. PD-134R (formerly Coppell 200 North), Coppell Greens, zoning change from HC and LI (Highway Commercial and Light Industrial) to PD-SF-7 and HC (Planned Development, Single Family-7 and Highway Commercial), to allow the development of a 226-1ot planned development single family residential subdivision on 65 acres of property located at the northwest corner of Denton Tap Road and State Highway 121 Bypass. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Pro Tem Mayo inquired as to the small corner tract adjoining the current tract. Mayor Morton opened CM~I~ the Public Hearing and asked for those persons wishing to speak regarding this proposal. Bill Anderson, representing the Applicant, addressed the Council concerning approval of this proposal. After lengthy discussion and questions from Councilmembers, Councilmember Robertson moved to close the Public Hearing and approve Case No. PD-134R (formerly Coppell 200 North), Coppell Greens, zoning change from HC and LI (Highway Commercial and Light Industrial) to PD-SF-7 and HC (Planned Development, Single Family-7 and Highway Commercial), to allow the development of a 226-1ot planned development single family residential subdivision on 65 acres of property located at the northwest corner of Denton Tap Road and State Highway 121 Bypass subject to the conditions stated on the Agenda Request Narrative and subject to the plat showing on its face, in print 1 lA times larger than the largest print thereon, that the subject property is located in the Lewisville School District. Mayor Pro Tem Mayo seconded the motion; the motion carried 5-1 with Mayor Pro Tern Mayo and Councilmembers Alexander, Sturges, Watson, and Robertson voting in favor of the motion and Councilmember Tunnell voting against the motion. 13. PUBLIC HEARING: Consider approval of Park West Commerce Center, Replat of Lot 2, Blocks 5 and 6, to create two new lots that will allow the development of a 320,000 square foot office/warehouse facility on 29.38 acres of property located on the west side of Beltline Road, between Airline and Wrangler Drives. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Morton opened the Public Hearing and asked for those persons wishing to speak regarding this proposal. There were none. After discussion regarding the waiving of the sidewalk, Councilmember Robertson moved to close the Public Hearing and approve Park West Commerce Center, Replat of Lot 2, Blocks 5 and 6, to create two new lots that will allow the development of a 320,000 square foot office/warehouse facility on 29.38 acres of property located on the west side of Beltline Road, between Airline and Wrangler Drives with the conditions as stated on the Agenda Request Narrative. Councilmember Alexander seconded the motion; the motion carried 6-0 with Mayor Pro Tern Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, and Robertson voting in favor of the motion. Dennis Chovan, representing Prentiss, stated they would be breaking ground within a few months. At this time Items 16 and 17 were considered. See Items 16 and 17 for minutes. 14. PUBLIC HEARING: Consider establishment of procedures and cost of providing Public Information. City Manager Jim Witt made a presentation to the Council. Mayor Morton opened the Public Hearing and asked for those persons wishing to speak regarding this proposal. Arthur Kwast, 123 Sandy Oak Lane, read his prepared stated in opposition to this proposal and Joe Shirley, 582 Villawood Lane, expressed his opposition to this proposal. Jason Marshall, Assistant City Attorney, addressed the Council concerning the proposed resolution stating that .015% of the population of Coppell is responsible for 67% of the Public Information Requests. A. G. Rappe, Cable Coordinator, answered Council's inquiries regarding the duplicating of video tapes. City Secretary Linda Grau addressed Council's inquiries regarding the keeping of copies of requests and the fact that citizens request copies CM~II~ of requests. Councilmember Sturges moved to close the Public Hearing and approve Resolution No. 061196.1 with the following amendments: 1) a definition for "building" to be "municipal buildings in operational use excluding storage facilities" be placed in the resolution; 2) Section II-E-2 the word "suggested" be stricken and read "... the charge is $. 12..."; 3) Section II-N-1 shall be amended to show the charge for video tapes to be $10.00 for each tape without regard to duration. Councilmember Robertson seconded the motion; the motion carried 6-0 with Mayor Pro Tem Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, and Robertson voting in favor of the motion. 15. Consider approval of a Resolution establishing procedures and cost of providing Public Information, and authorizing the Mayor to sign. This item was considered under Item 14. See Item 14 for minutes. Item 18 was considered at this time. 16. Consider approval of the Summit at the Springs, Preliminary Plat, to allow the development of a 70-lot planned development, single-family residential subdivision on 29.88 acres of property located on the south side of Bethel Road, approximately 500' west of Denton Tap Road. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Council made inquiries and asked for clarification at to the exact boundaries of this property. Councilmember Robertson moved to approve Summit at the Springs, Preliminary Plat, to allow the development of a 70-lot planned development, single-family residential subdivision on 29.88 acres of property located on the south side of Bethel Road, approximately 500' west of Denton Tap Road and that the Planning and Zoning Commission be the final authority on the final plat. Mayor Pro Tem Mayo seconded the motion; the motion carried 6-0 with Mayor Pro Tem Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, and Robertson voting in favor of the motion. 17. Consider approval of Village at Cottonwood Creek, Section V, Preliminary Plat, to allow the development of a 58-1ot single-family residential subdivision on 16.8 acres of property located at the northeast corner of Sandy Lake and Coppell Roads. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Councilmember Tunnell inquired as to the airport noise issue and the Applicant indicated he would put the standard notice on the face of the plat. Pat Atkins, representing Grand Homes, addressed the Council regarding alley and traffic concerns. Councilmember Tunnell expressed her concerns to the City Engineer regarding the street flooding issue. Ken Griffin, Assistant City Manager/City Engineer, addressed the flooding issue and stated any problems would be resolved before constructions plans would be approved. Mr. Griffin also indicated that 13 notification letters had been sent regarding the alley issue and only two responses were received; however he would recommend that the alley be turned back into the subdivision. Councilmember Alexander moved to approve Village at Cottonwood Creek, Section V, Preliminary Plat, to allow the development of a 58-1ot single-family residential subdivision on 16.8 acres of property located at the northeast corner of Sandy Lake and Coppell Roads with the CM0611~ conditions as stated on the Agenda Request Narrative including Item 1 under Engineering Comments, requiring the alley to turn back into the subdivision, and excluding Item 6 under Leisure Services comments and that the notice concerning the airport noise be place on the face of the plat and that this plat come back to Council for final approval. Councilmember Tunnell seconded the motion; the motion carried 6-0 with Mayor Pro Tern Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, and Robertson voting in favor of the motion. At this time Item 14 was considered. See Item 14 for minutes. 18. Necessary action resulting from Executive Session. There was no action necessary from the Executive Session. 19. City Manager's Report. A. City Manager Jim Witt addressed Council concerning a letter from the Exchange Club asking for a waiver of fees for the July 4th Parade which he recommended they waive. Consensus of Council was to waive the fees. B. City Manager Jim Witt discussed the recent malfunction with the water service. C. City Manager Jim Witt announced that the work session would be held on June 18th as applications have been received for the Economic Development Corporation. --- D. City Manager Jim Witt advised that Mike Martin, Assistant City Engineer, would be married on May 24, 1997. E. City Manager Jim Witt suggested that everyone read the book entitled Death of Common Sense. 20. Mayor's Report. A. Mayor Morton announced that the annual Council photograph would be taken on the night of the June 25th Council meeting. B. Mayor Morton asked Council to return their Code Books so they could be updated. C. Mayor Morton asked Council to familiarize themselves with the process schedule for the appointments of Boards/Commissions/Committees members. D. Mayor Morton discussed a letter regarding rights-of-way litigation with the FCC. E. Mayor Morton advised that one of the requirements of the Paragon Cable franchise was that they must maintain an office in the City of Coppell. He stated a letter had been received from Lance Lamberton stating the Coppell office would be closed. - F. Mayor Morton stated that the first DCAD value reports were received and property appraisals are up considerably. G. Mayor Morton announced that the TML meeting will be held in Odessa, Texas on July 25-28, 1996. H. Mayor Morton discussed the Fast Facts sheet on the City of Coppell. There being no further business to come before the City Council, the meeting was adjourned. Tom Morton, Mayor ATTEST: Linda Grau, City Secretary CMO$11~