CM 1999-10-12 MINUTES OF OCTOBER 12, 1999
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, October 12, 1999, 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
Marsha Tunnell, Mayor Pro Tem
Greg Garcia, Councilmember
Jayne Peters, Councilmember
Pat Keenan, Councilmember (late arrival)
Doug Stover, Councilmember (late arrival}
Larry Wheeler, Councilmember
Bill York, Councilmember
Also present were City Manager Jim Witt, Interim 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 Executive
Session.
EXECUTIVE SESSION (Closed to the Public)
(Concerning items not on the agenda)
2. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation
with City Attorney.
1. Legal Advice on Pending Open Records Act Matters.
2. Sowell, et alvs. City of Coppell, et al.
Mayor Sheehan convened into Executive Session at 6:10 p.m. as allowed under
the above-stated article. Mayor Sheehan adjourned the Executive Session at
6:55 p.m. and opened the Work Session.
Councilmembers Keenan and Stover both arrived during Executive Session. __
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WORK SESSION (Open to the Public}
3. Convene Work Session
A, Discussion with Liz Sully regarding Hassle-Free
Communities.
B. Discussion regarding date to Canvass the Novembe 2nd
Election.
C. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Invocation.
Steve Gibbs of the First Baptist Church led those present in the Invocation.
5. Pledge of Allegiance.
Mayor Sheehan led those present in the Pledge of Allegiance.
Mayor Sheehan welcomed Troop 840 from Sandy Lake Road Baptist Church to
the meeting. '
6. Presentation of Y2K readiness by a representive from the
Trinity River Authority.
Warren Brewer, Regional Manager of the Northern Region of the Trinity River
Authority, made a presentation to the Council. Don Tucker, General Services
Manager of the Trinity River Authority, made a presentation to Council.
Mayor Sheehan advised that Item 12 would be continued at the request of the
Applicant.
7. PROCLAMATIONS:
A. Consider approval of a Proclamation naming the week of
October 22 through October 30, 1999 as RED RIBBON
--- WEEK; and authorizing the Mayor to sign.
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B, Consider approval of a Proclamation proclaiming October --~
1999 as VOTER AWARENESS MONTH; and authorizing the
Mayor to sign.
A. Mayor Sheehan read the proclamation for the record and presented the
same to Officer Mary Seck. Mayor Pro Tem Tunnell moved to approve a
Proclamation naming the week of October 22 through October 30, 1999
as Red Ribbon Week, and authorizing the Mayor to sign. Councilmember
Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem
Tunnell and Councilmembers Garcia, Peters, Keenan, Stover, Wheeler
and York voting in favor of the motion.
B. Mayor Sheehan read the proclamation for the record. Mayor Pro Tem
Tunnell moved to approve a Proclamation proclaiming October 1999 as
Voter Awareness Month, and authorizing the Mayor to sign.
Councilmember Garcia seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Tunnell and Councilmembers Garcia, Peters, Keenan,
Stover, Wheeler and York voting in favor of the motion.
8. Citizen's Appearances.
A. Kim Wagner, 1028 Village Parkway, addressed Council. regarding Public
Information Requests.
B. Michael Leonard, 1445 Pebble Creek Drive, expressed his concerns
regarding the outdoor concerts at the bars on Beltline Road and the
associated noise.
C. Tim Brancheau, 106 Dobecka, complimented the members of the City
Staff and commended City Manager Jim Witt and Deputy City Manager
Clay Phillips on leading the staff.
CONSENT AGENDA
9. Consider approval of the following consent agenda items:
A. Consider approval of minutes: September :28, 1999.
B. Consider approval of canceling the second City Councfi
meeting for the months of November and December,
being November 23 and December 28.
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~' C. Consider approval of entering into a contract with TXU
Electric in the amount of $160,000 for the design and
installation of street lights along Sandy Lake Road from
MacArthur Blvd. to Denton Tap Road; and authorizing the
Mayor to sign.
D. Consider approval of Change Order #3 to the Sandy Lake
Road Project #ST93-02 in the amount of $41,931.40 to
Ed Bell Construction Company; and authorizing the
Mayor to sign.
Consider approval of an E9-1 - 1 Service Agreement
between the City and Logix and authorizing the Mayor to
sign .
F. Consider approval of an E9-1-1 Service Agreement
between the City and Optel Telecommunications and
authorizing the Mayor to sign.
G. Consider approval of an E9- 1 - 1 Service Agreement
between the City and Schrader & Cline, LLC and
authorizing the Mayor to sign.
Land Use and Development
H. Consider approval of an Ordinance for Case No. PD-179
DeForest Court, zoning change request from A
(Agriculture) to PD-SF-12 IPlanned Development, Single
Famfiy-12|, to allow the development of a 17-lot
residential subdivision with common areas on
approximately 8.4 acres of property located at 703
DeForest Road, and authorizing the Mayor to sign.
I. Consider approval of an Ordinance for Case No. S-1077R,
Sonic Restaurant, zoning change from C-S.U.P. and C
~Commercial and Commercial, Special Use Permit~ to C-
S.U.P. ~Commercial, Special Use Permitl, to incorporate
approxhnately 5,422 square feet of land to an existing
.658-acre site and allow the development of 13 additional
parking spaces, 9 to include menu boards, located at 201
N. Denton Tap Road, and authorizing the Mayor to sign.
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J. Consider approval of an Ordinance for Case No. S-1123R,
ATesT Wireless Services, zoning change request for
property zoned LI-S.U.P. (Light Industrial, Special Use
Permit), to allow a 20' extension of a preexisting 75'-high
AT&T monopole and to accommodate the collocation of
antennas on property located at 200 E. Beltline Road, and
authorizing the Mayor to sign.
K. Consider approval of an Ordinance for Case No. 5-1167, Nextel
Communications, Inc., zoning change request from LI (Light
Industrial) to LI-S.U.P. (Light Industrlal, Special Use Permit),
to allow the construction of an 80'-high monopole with a 200
square foot equipment cabinet at the base of the tower on
property located approximately 828' north of Beltline Road
and 230' west of the Elm Fork of the Trinity River, and
authorizing the Mayor to sign.
L. Consider acceptance of the Special Warranty Dedication
Deed for Right-of-way and the Sidewalk and Utility
Easement for the extension of and development of Town
Center Blvd. as the second access to Coppell High School
subject to TXU's agreement letter to relocate utilities; --~
and authorizing the Mayor to sign.
City Attorney Robert Hager pointed out the 'Agreement in Item G was actually
with AT&T instead of Schrader & Cline. Mayor Pro Tem Tunnell moved to
approve Consent Agenda Items A, B, C, D, E, F, G, H carrying Ordinance No.
91500-A-231, I carrying Ordinance No. 91500-A-232, J carrying Ordinance No.
91500-A-233, K carrying Ordinance No. 91500-A-234 and L. Councilmember
York seconded the motion; the motion carried 7-0 with Mayor Pro Tem Tunnell
and Councilmembers Garcia, Peters, Keenan, Stover, Wheeler and York voting
in favor of the motion.
10. Consider approval of a contract for services from GTE Network
Engineering to implement the computer systems
infrastructure improvements as approved in the 1999-00
budget in the amount of $408,600.43 and authorizing the
Mayor to sign.
City Manager Jim Witt made a presentation to the Council. Councilmember
York moved to approve a contract for services from GTE Network Engineering
to implement the computer systems infrastructure improvements as approved "'
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--- in the 1999-00 budget in the amount of $408,600.43 and authorizing the
Mayor to sign. Mayor Pro Tem Tunnell seconded the motion; the motion
carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Garcia, Peters,
Keenan, Stover, Wheeler and York voting in favor of the motion.
11. Consider approval of an Ordinance for Case No. 8-1166, Park 'N
Fly, zoning change request from LI (LIght Industrial) to LI-
S.U.P. (Light Industrial, Special Use Permit), to allow the
placement of an underground storage tank and a gas dispenser
on property located at 800 S. Royal Lane, and authorizing the
Mayor to sign.
Gary Sieb, Director of Planning and Community Services, made a presentation
to the Council. Councilmember York moved to approve Ordinance No. 91500-
A-235 for Case No. S-1166, Park 'N Fly, zoning change request from LI (Light
Industrial) to LI-S.U.P. (Light Industrial, Special Use Permit), to allow the
placement of an underground storage tank and a gas dispenser on property
located at 800 S. Royal Lane, and authorizing the Mayor to sign.
Councilmember Peters seconded the motion; the motion carried 5-2 with
Councilmembers Garcia, Peters, Keenan, Stover, and York voting in favor of the
motion and Mayor Pro Tem Tunnell and Councilmember Wheeler voting against
the motion.
12. PUBLIC HEARING:
Consider approval of Case No. PD-149R, Vistas of Coppelt,
Phase 1A, zoning change for property zoned PD149-SF-7
{Planned Development 149, Single Family-7) by amending the
planned development conditions as they apply to Lot 33, Block
N, to permit a reduction in the side fence setback line from 15
feet to the street right-of-way for property located at
Waterview Drive.
Mayor Sheehan opened the Public Hearing and advised the Applicant would
like to continue to October 26, 1999. Mayor Pro Tem Tunnell moved to
continue the Public Hearing on Case No. PD-149R, Vistas of Coppell, Phase 1A
to October 26, 1999. Councilmember Wheeler seconded the motion; the
motion carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Garcia,
Peters, Keenan, Stover, Wheeler and York voting in favor of the motion.
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13. PUBLIC HEARING: --
Consider approval of the Summit at the Springs, Phase I,
Replat of Lot 3R, Block B, to allow the elimination of a lot line
between Lots 3 and 4, Block B, for the creation of a single
residential lot on .504 acres of property located approximately
211 feet south of West Bethel Road; along the east side of
Armstrong Boulevard.
Gary Sieb, Director of Planning and Community Services, made a presentation
to the Council. Mayor Sheehan opened the Public Hearing and advised that no
one had signed up to speak. Mayor Pro Tem Tunnell moved to close the Public
Hearing and approve Summit at the Springs, Phase I, Replat of Lot 3R, Block
B, to allow the elimination of a lot line between Lots 3 and 4, Block B, for the
creation of a single residential lot on .504 acres of property located
approximately 211 feet south of West Bethel Road; along the east side of
Armstrong Boulevard; subject to the condition that all easements must remain
clear of obstructions. Councilmember York seconded the motion; the motion
carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Garcia, Peters,
Keenan, Stover, Wheeler and York voting in favor of the motion.
14. PUBLIC HEARING:
Consider approval of the Freeport North, Replat of Lot 1, Block
A, to allow the creation of a 9.5 acre site to accommodate the
development of a 115,950 square foot office/warehouse facfiity
to be located approximately 560' south of Creek View Drive;
along the west side of Royal Lane.
Gary Sieb, Director of Planning and Community Services, made a presentation
to the Council. Mayor Sheehan opened the Public Hearing and advised that no
one had signed up to speak. Mayor Pro Tem Tunnell asked if the building was
being built as a spec building and Mr. Sieb verified that to be true. Mayor Pro
Tem Tunnell moved to close the Public Hearing and approve Freeport North,
Replat of Lot 1, Block A, to allow the creation of a 9.5 acre site to accommodate
the development of a 115,950 square foot office/warehouse facility to be
located approximately 560' south of Creek View Drive; along the west side of
Royal Lane. Councilmember York seconded the motion; the motion carried 7-0
with Mayor Pro Tem Tunnell and Councilmembers Garcia, Peters, Keenan,
Stover, Wheeler and York voting in favor of the motion.
15. Consider approval of the Kiddin' Around, Minor Plat, to allow
the development of a 2,950 square foot day-care facility on
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1.12 acres of property located approximately 312' west of
Denton Tap Road; along the north side of Parkway Boulevard.
Gary Sieb, made a presentation to the Council. Councilmember York moved to
approve the Kiddin' Around Minor Plat, to allow the development of a 2,950
square foot day-care facility on 1.12 acres of property located approximately
3 12' west of Denton Tap Road; along the north side of Parkway Boulevard,
subject to the following conditions:
1) electric easements shown on the plat will have to be approved by
TXU; and
2} all mechanical equipment, such as HVAC being properly screened.
Councilmember Stover seconded the motion; the motion carried 6-1 with
Councilmembers Garcia, Peters, Keenan, Stover, Wheeler and York voting in
favor of the motion and Mayor Pro Tem Tunnell voting against the motion.
16. Consider approval of the Deer Run, Final Plat, to allow the
development of 56 duplex lots on approximately 9 acres of
property located at the northwest comer of Ruby and South
Coppell Roads.
Gary Sieb, Director of Planning and Community Services, made a presentation
to the Council. Fred Phillips, representing Ryland Homes, answered questions
of Councilmember Keenan concerning the connecting of the buildings and
wingwalls. Councilmember Peters moved to approve Deer Run, Final Plat, to
allow the development of 56 duplex lots on approximately 9 acres of property
located at the northwest corner of Ruby and South Coppell Roads; subject to
the following conditions:.
1) City Attorney review and approval of the HOA document;
2) Options A & B will require a NFPA 13R fire sprinkler system;
3) Fire hydrants to be spaced no farther than 600' on center;
4} One-hour separation walls (each structure independently
supported); and
5) A $1,285 per dwelling unit fee is required in lieu of park land
dedication.
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Councilmember Garcia seconded the motion; the motion carried 5-2 with
Councilmembers Garcia, Peters, Keenan and Stover voting in favor of the
motion and Mayor Pro Tern Tunnell and Councilmember York voting against
the motion. Councilmember Wheeler abstained from the vote; said abstention
counted as a vote in favor of the motion, per the Home Rule Charter, Section
3.11B.
17. Consider approval of a Resolution nominating a candidate to
be a member of the Board of Directors of the Dallas Central
Appraisal District; and authorizing the Mayor to sign.
Mayor Sheehan advised no letters supporting a nomination had been received
and the Council did not feel comfortable making a nomination; but would
exercise their privilege to vote when the time comes.
18. Presentation by Arthur H. Kwast regarding City Manager'S
response to his complaint filed August 12, 1999 regarding
employee conduct and its relationship to the O.A.G.'s findings
in the September 24, 1999, letter from Kay Hastings to Jim
Witt. '
Arthur Kwast made a presentation to the Council concerning the policies and
procedures of the City Manager. Mayor Sheehan stated there had been 11
complaints out of over 2,000 requests received and because of the volume the
City of Coppell has more chances for errors to occur. Mayor Sheehan assured
Mr. Kwast that Requests for Public Information was a high priority for the City.
19. Necessary action resulting from Work Session.
There was no action necessary under this item.
20. City Manager's Report.
There was no report under this item.
2 1. Mayor's Report.
A. Mayor Sheehan advised there would be a Red Ribbon Breakfast on
October 13, 1999.
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B. Mayor Sheehan reported the Coppell Youth Leadership Class had held a
power lunch on Monday, October 11, 1999.
C. Mayor Sheehan advised the Coppell High School would have a
Homecoming Parade on Thursday, October 14, 1999.
D. Mayor Sheehan advised that Dickey's Barbecue would hold their
groundbreaking on November 9, 1999 at 11:30 a.m.
E. Mayor Sheehan advised early voting for the Municipal Bond Election
would begin October 18, 1999.
F. Mayor Sheehan stated the Substance Abuse Committee would hold a
forum on October 28, 1999 from 7:00 to 9:00 p.m. at the Coppell High
School.
G. Mayor Sheehan announced there would be a special Council Work
Session on October 19, 1999.
H. Mayor Sheehan read a note the City had received from the Corps of
Engineers regarding Andy Brown Park East wetlands.
I. City Manager Jim Witt advised the City would close on and take
possession of the property known as the Baptist Foundation Property on
Friday, October 15, 1999.
J. Councilmember Garcia announced Pigfest had been scheduled for
April 28, 29 and 30 of 2000.
K. Councilmember York expressed his frustration with TXU regarding
electric power being turned off and on without notice to the residents.
L. Councilmember Stover commended the City, CISD and the YMCA for
sponsoring the Coppell Youth Leadership.
M. Mayor Pro Tem Tunnell commented on the activities at the Family Fish
held Saturday, October 9, 1999.
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EXECUTIVE SESSION (Closed to the Public)
(Concerning items not on the agenda)
2:2. Convene Executive Session
A. Section 551,071, Texas Government Code - Consultation
with City Attorney.
1. Reitman vs. City of Coppell
Mayor Sheehan convened into Executive Session at 8:56 p.m. as allowed under
the above-stated article. Mayor Sheehan adjourned the Executive Session at
9:00 p.m. and re-opened the Regular Session.
9-3. 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.
Candy Sheehan, Mayor
ATTEST:
Libby Ball, Interim City Secretary ,
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