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CM 2001-04-10MINUTES OF APRIL 10, 2001 The City Council of the City of Coppell met in Regular Called Session on Tuesday, April 10, 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 Larry Wheeler, Mayor Pro Tem Greg Garcia, Councilmember (late arrival) Jayne Peters, Councilmember Diana Raines, Councilmember Marsha Tunnell, Councilmember Doug Stover, Councilmember Bill York, Councilmember Also present were City Manager Jim Witt, Deputy City Secretary Kathy Wilkerson 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) 2.Convene Executive Session A.Section 551.071(1), Texas Government Code - Consultation with City Attorney. 1.Robin Hood/Involving City's standing regarding suit to challenge school finance under Chapter 41 of the Texas Education Code. 2.Discuss and provide legal advice concerning zoning/site plan application of U-Haul at State Highway 121 and Denton Tap. B.Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1.Request to consider purchase of property east of MacArthur and south of Sandy Lake Road for recreational purposes. CM04102001 Page 1 of 18 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 6:28 p.m. and opened the Work Session. WORK SESSION(Open to the Public) 3.Convene Work Session A.Discussion regarding Public Right-of-Way Ordinance/Item 25. B.DART Membership Status Overview. C.Discussion of Agenda Items. Councilmember Garcia arrived at this time. Councilmember Tunnell left for a short period at this time. 4.Invocation. Pastor Wayne McDonald, Metrocrest Community Church, led those present in the invocation. 5.Pledge of Allegiance. Mayor Sheehan led those present in the Pledge of Allegiance. 6.Consider approval of a Proclamation naming April 21-27, 2001 as CLEAN COPPELL-EARTHWEEK, and authorizing the Mayor to sign. Presentation: Mayor Sheehan read the Proclamation for the record and presented the same to Diana Sircar, Chairman, Keep Coppell Beautiful. CM04102001 Page 2 of 18 Action: Councilmember Peters moved to approve a Proclamation naming April 21-27, 2001 as Clean Coppell-Earthweek and authorizing the Mayor to sign. Councilmember Raines seconded the motion; the motion carried 6-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines, Stover and York voting in favor of the motion. 7.Report by Keep Coppell Beautiful Committee. Diana Sircar, Chairman, presented report to Council on recent and upcoming activities. 8.Presentation and update to the City of Coppell's Water System Plan and discussion of the Water Conservation Plan. Presentation: Ken Griffin, Director of Engineering and Public Works, made a presentation to Council on the City of Coppell's Water System Plan and discussion of the Water Conservation Plan. Issues Discussed: A draft ordinance on the Conservation Plan will be presented to Council th at the April 24 Work Session; and the finalized ordinance should be th ready for presentation at the May 8 City Council meeting. There was discussion regarding how surrounding areas handle water conservation; how the City has handled water conservation in the past; who would recommend that we go to a new stage in the water conservation plan; the time frame on the Star Leaf pump station; does the City budget for the bumps in the Plan; how would the citizens be notified of any changes in the Plan; will the City be recommending a time for the outside watering; how does the City of Coppell's water consumption compare to the surrounding communities; when was the last water rate increase for the City of Coppell; and how the lake levels for the lakes that provide our water will affect the Conservation Plan. CM04102001 Page 3 of 18 9.Citizen's Appearances. Charles Petty, 417 Wellington Road, spoke regarding the Homestead Exemption th that was approved at the March 27 City Council meeting. Councilmember Tunnell returned at this time. 10.Consider approval of the following consent agenda items: A.Consider approval of minutes:March 27, 2001. B.Consideration and approval of awarding Bid Q-0201-01 - HVAC Maintenance Contract to Invensys Building Systems in the amount of $62,400.00 as budgeted for a one year period beginning May 1, 2001, with renewal options for an additional 4 years, and authorizing the City Manager to sign. C.Consider approval of an Ordinance abandoning a portion of a right of way easement on Exchange Circle, located on Lot 3 , Block 2 of Gateway Business Park, and authorizing the Mayor to sign. D.Consider approval of an ordinance amending the Code of Ordinances Chapter 2, Keep Coppell Beautiful Committee, Section 2-3-6 (subcommittees) to replace the same with similar language, and Section 2-3-7 (coordinator) to provide for the City Manager or his designee to appoint the coordinator for the committee, and authorizing the Mayor to sign. Issues Discussed: Item 10 B was pulled from the Consent Agenda by the City Manager's office. Action: Councilmember Tunnell moved to approve Consent Agenda Items A, C carrying Ordinance No. 2001-941, and D carrying Ordinance No. 2001-942. Councilmember Peters seconded the motion; the motion CM04102001 Page 4 of 18 carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and York voting in favor of the motion. 10.B.Consideration and approval of awarding Bid Q-0201-01 - HVAC Maintenance Contract to Invensys Building Systems in the amount of $62,400.00 as budgeted for a one year period beginning May 1, 2001, with renewal options for an additional 4 years, and authorizing the City Manager to sign. Presentation: Clay Phillips, Deputy City Manager, recognized Sheri Moino, Facilities Manager, who had been awarded the Standing Ovation Award at the Employee Awards Banquet on April 7, 2001. Action: Councilmember Tunnell moved to approve awarding Bid Q-0201-01 - HVAC Maintenance Contract to Invensys Building Systems in the amount of $62,400.00 as budgeted for a one year period beginning May 1, 2001, with renewal options for an additional 4 years, and authorizing the City Manager to sign. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and York voting in favor of the motion. 11.Reconsideration of U-Haul International, Site Plan, to allow the construction of a three-story min-storage facility on approximately 2.02 acres of property located along the south side of S.H. 121, east of Denton Tap Road. Issues Discussed: This item was postponed until the May 8, 2001 City Council meeting. Action: Councilmember Peters moved to postpone the Reconsideration of U-Haul International, Site Plan, to allow the construction of a three-story mini- storage facility on approximately 2.02 acres of property located along the south side of S.H. 121, east of Denton Tap Road. Councilmember Raines CM04102001 Page 5 of 18 seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and York voting in favor of the motion. 12.PUBLIC HEARING: Consider approval of Riverside Church of Christ Addition, Lot 1, Block 1, Replat, to allow the expansion of Riverside Church of Christ on 6.5 acres of property located at the northwest corner of Beltline and North Lake Drive, east of Denton Tap Road. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Public Hearing: Mayor Sheehan opened the Public Hearing on Item 12 and advised that no one had signed up to speak at the Public Hearing and that the applicant was present to answer any questions. Action: Councilmember Tunnell moved to close the Public Hearing and approve the Riverside Church of Christ Addition, Lot 1, Block 1, Replat, to allow the expansion of Riverside Church of Christ on 6.5 acres of property located at the northwest corner of Beltline and North Lake Drive, east of Denton Tap Road with the following conditions: 1.Approval from TXU for the relocation of the utilities and associated easements. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and York voting in favor of the motion. 13.PUBLIC HEARING: Consider approval of S-1042R, Kentucky Fried Chicken/Pizza Hut, zoning change request from C-S.U.P. 1042 (Commercial, Special Use Permit) to C-S.U.P. 1042R (Commercial, Special Use Permit) to include Pizza Hut and revise elevations and signage, located at 135 S. Denton Tap Road. CM04102001 Page 6 of 18 Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Alex Herrers, 2300 Valley View Lane, Irving, Applicant, answered questions from Council. Public Hearing: Mayor Sheehan opened the Public Hearing on Item 13 and advised that no one had signed up to speak at the Public Hearing and that the applicant was present to answer any questions. Issues Discussed: There was discussion regarding the concept of the company for future restaurants. Action: Councilmember Tunnell moved to close the Public Hearing and approve S-1042R, Kentucky Fried Chicken/Pizza Hut, zoning change request from C-S.U.P. 1042 (Commercial, Special Use Permit) to C-S.U.P. 1042R (Commercial, Special Use Permit) to include Pizza Hut and revise elevations and signage, located at 135 S. Denton Tap Road. Councilmember Raines seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and York voting in favor of the motion. 14.Consider approval of Northpoint Addition, Lot 1, Block 1, Site Plan and Preliminary Plat, to allow the construction of two office/warehouse buildings totaling 137,000 square feet on 9.081 acres of property located at the southeast corner of Northpoint Drive and S.H. 121. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Action: Councilmember York moved to approve the following: CM04102001 Page 7 of 18 Item 14: Approval of Northpoint Addition, Lot 1, Block 1, Site Plan and Preliminary Plat, to allow the construction of two office/warehouse buildings totaling 137,000 square feet on 9.081 acres of property located at the southeast corner of Northpoint Drive and S.H. 121; and Item 15: Provide that the Planning and Zoning Commission be the authority responsible for the approval of the Final Plat of Northpoint Addition, Lot 1, Block 1, Site Plan and Preliminary Plat, to allow the construction of two office/warehouse buildings totaling 137,000 square feet on 9.081 acres of property located at the southeast corner of Northpoint Drive and S.H. 121. Mayor Pro Tem Wheeler seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and York voting in favor of the motion. 15.Consider providing that the Planning and Zoning Commission be the authority responsible for the approval of the Final Plat of Northpoint Addition, Lot 1, Block 1, Site Plan and Preliminary Plat, to allow the construction of two office/warehouse buildings totaling 137,000 square feet on 9.081 acres of property located at the southeast corner of Northpoint Drive and S.H. 121. Action: This item was considered under Item 14. See Item 14 for minutes. 16.Consider approval of Gateway Business Park No. 3, Lot 1, Block A, Site Plan and Preliminary Plat, to allow the construction of two 32,061 square foot office/warehouse buildings on 7.863 acres of property located at the northeast corner of Freeport Parkway and Airline Drive. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Roger Dahlin, 2501 State Street, Dallas, representing the Applicant, answered questions from Council. CM04102001 Page 8 of 18 Issues Discussed: There was discussion regarding the landscaping that has been done on the surrounding property and what the applicant is planning to do on the landscaping for this property. Action: Councilmember York moved to approve Gateway Business Park No. 3, Lot 1, Block A, Site Plan and Preliminary Plat, to allow the construction of two 32,061 square foot office/warehouse buildings on 7.863 acres of property located at the northeast corner of Freeport Parkway and Airline Drive with the following conditions: 1.Removal of trash and brush down to the creek bed similar to adjacent landowners. 2.Fine grading as required within the channel area. 3.Hydromulch the channel with Common Bermuda mix. 4.Provide temporary irrigation as required to establish growth. 5.Provide ongoing maintenance to including mowing and trash removal. PLAT CONDITIONS: 1.Final Plat approval shall not be granted until a color board and complete set of building elevations is reviewed and approved by the Planning & Zoning Commission and City Council. SITE PLAN CONDITIONS: 1.Provide a note similar to the floodplain note shown on the plat on the comprehensive site plan. 2.Prior to City Council review, the applicant shall work with staff to create a mutually agreeable development standard that will address the maintenance/ improvement of the floodplain area (lot1x). CM04102001 Page 9 of 18 Councilmember Peters seconded the motion; the motion carried 6-1 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines, Stover and York voting in favor of the motion and Councilmember Tunnell voting against the motion. 17.Consider providing that the Planning and Zoning Commission be the authority responsible for the approval of the Final Plat of Gateway Business Park No. 3, Lot 1, Block A, to allow the construction of two 32,061 square foot office/warehouse buildings on 7.863 acres of property located at the northeast corner of Freeport Parkway and Airline Drive. Action: Councilmember Tunnell moved to deny that the Planning and Zoning Commission be the authority responsible for the approval of the Final Plat of Gateway Business Park No. 3, Lot 1, Block A, to allow the construction of two 32,061 square foot office/warehouse buildings on 7.863 acres of property located at the northeast corner of Freeport Parkway and Airline Drive. Councilmember Peters seconded the motion to deny; the motion carried 6-1 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines, Tunnell, and York voting in favor of the motion to deny and Councilmember Stover voting against the motion to deny. 18.PUBLIC HEARING: Consider approval of Freeport North, Lot 2R, Site Plan and Replat, to allow the construction of a 45,974 square foot office/warehouse building on 3.43 acres of property located along the east side of Royal Lane, north of Bethel Road. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Public Hearing: Mayor Sheehan opened the Public Hearing on Item 18 and advised that no one had signed up to speak at the Public Hearing and that the applicant was present to answer any questions. CM04102001 Page 10 of 18 Action: Councilmember York moved to close the Public Hearing and approve Freeport North, Lot 2R, Site Plan and Replat, to allow the construction of a 45,974 square foot office/warehouse building on 3.43 acres of property located along the east side of Royal Lane, north of Bethel Road with the following condition: REPLAT CONDITION: 1.Deletion of one set of city signature blocks. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and York voting in favor of the motion. 19.PUBLIC HEARING: Consider approval of Freeport North, Lot 2, Block 3, Site Plan and Replat, to allow the construction of a 167,000 square foot office/warehouse on 12.085 acres of property located at the southwest corner of Royal Lane and Gateview Boulevard. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Tom Maxwell, 5000 Collins Boulevard, Richardson, representing the Applicant answered questions from Council. Public Hearing: Mayor Sheehan opened the Public Hearing on Item 18 and advised that no one had signed up to speak at the Public Hearing and that the applicant was present to answer any questions. Issues Discussed: There was discussion regarding the type of screening that the Applicant is planning on using on the property. CM04102001 Page 11 of 18 Action: Councilmember Peters moved to close the Public Hearing and approve Freeport North, Lot 2, Block 3, Site Plan and Replat, to allow the construction of a 167,000 square foot office/warehouse on 12.085 acres of property located at the southwest corner of Royal Lane and Gateview Boulevard. Councilmember Stover seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and York voting in favor of the motion. 20.PUBLIC HEARING: Consider approval of the designation of 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 KCD-TX II Coppell Investment Limited Partnership, described as Coppell Commerce Center, Block 1 and 2 (19.39 acres) located along Burns Street between Freeport Parkway and Hammond Street. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Public Hearing: Mayor Sheehan opened the Public Hearing on Item 20 and advised that no one had signed up to speak at the Public Hearing and that the applicant was present to answer any questions. Action: Councilmember Tunnell moved to close the Public Hearing and approve the following: Item 20: Approval of the designation of 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 KCD-TX II Coppell Investment Limited Partnership, described as Coppell Commerce Center, Block 1 and 2 (19.39 acres) located along Burns Street between Freeport Parkway and Hammond Street. CM04102001 Page 12 of 18 Item 21: Approval Ordinance No. 2001-943 designating the KCD-TX II Coppell Investment Limited Partnership property as Reinvestment Zone No. 32, and authorizing the Mayor to sign. Item 22: Approval Resolution No. 2001-0410.1 approving a Tax Abatement Agreement between the City of Coppell and KCD-TX II Coppell Investment Limited Partnership, and authorizing the Mayor to sign. Councilmember Stover seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and York voting in favor of the motion. There was a short recess held at this time. 21.Consider approval of an Ordinance designating the KCD-TX II Coppell Investment Limited Partnership property as Reinvestment Zone No. 32, and authorizing the Mayor to sign. Action: This item was considered under Item 20. See Item 20 for minutes. 22.Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and KCD-TX II Coppell Investment Limited Partnership, and authorizing the Mayor to sign. Action: This item was considered under Item 20. See Item 20 for minutes. 23.Consider approval of a variance to the City of Coppell's Subdivision Ordinance #94643 Appendix C, Section V, Sub- Section F which prohibits overhead services to cross public rights-of-way, to permit Capco Communications, Inc. to construct overhead service for Coppell Independent School District over public rights-of-way using existing electric poles. CM04102001 Page 13 of 18 Presentation: Mike Martin, Assistant City Engineer, made a presentation to Council. Kyle F. Capps, 100 Vista West Ranch Road, Dripping Springs, Applicant, answered questions from Council. Randy Sumrall, Director of Technology, Coppell Independent School District, 706 Alendale, Coppell, answered questions from Council. Issues Discussed: There was discussion regarding how other Cities are handling the installation of fiber telecommunication systems over public rights-of-way; how much aerial route is there in the City of Coppell; questions on the amounts of the different bids received by CISD; questions about the depth of research done by the applicant prior to submission of the bid; and if the overhead lines they are proposing to use all have active power lines. Councilmember Peters called for an Executive Session at this time. EXECUTIVE SESSION(Closed to the Public) Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Sheehan convened into Executive Session at 10:15 p.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive Session at 10:33 p.m. and reopened the Regular Session, continuing with Item 23. REGULAR SESSION(Open to the Public) (Continuing with Item 23) Issues Discussed (Continued): There was discussion regarding the overhead services at intersections and what the cost would be to comply with the Ordinance; would the Applicant be able to provide additional financial numbers and map; the current cost of fiber; the difference in the cost of going above ground and going underground; does above ground or underground make a difference in the speed of the network; is the Coppell ISD going to sell CM04102001 Page 14 of 18 any of these lines in the future; what is considered a hardship to receive a variance from the City; Action: Councilmember Stover moved to approve a variance to the City of Coppell's Subdivision Ordinance #94643 Appendix C, Section V, Sub- Section F which prohibits overhead services to cross public rights-of-way, to permit Capco Communications, Inc. to construct overhead service for Coppell Independent School District over public rights-of-way using existing electric poles with the following condition: 1.That Coppell Independent School District shall not enter into sale, lease, or otherwise alienate, with or without consideration, the use of the line for any reason whatsoever. Councilmember Raines seconded the motion. After lengthy discussion, Mayor Pro Tem Wheeler moved to call the question. The motion to call the question carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and York voting in favor of the motion. Vote was taken on the motion to approve the variance. The motion carried 6-1 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines, Stover and York voting in favor of the motion and Councilmember Tunnell voting against the motion. 24.Consider approval of an Interim Right-of-way Use Agreement between the City of Coppell and Coppell 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. Presentation: Jim Witt, City Manager, made a presentation to Council. Action: Councilmember Peters moved to approve an Interim Right-of-way Use Agreement between the City of Coppell and Coppell Independent School District for the use of right-of-way to have telecommunication lines CM04102001 Page 15 of 18 installed and related appurtenances; and authorizing the City Manager to sign. Councilmember Stover seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and York voting in favor of the motion. 25.Consider approval of an Ordinance amending Chapter 6 of the Code of Ordinances by adding Article 6-14 entitled "Certain Uses of Public Right-of-way"; and authorizing the Mayor to sign. Presentation: Jim Witt, City Manager, made a presentation to Council. Action: Councilmember York moved to approve Ordinance No. 2001-944 amending Chapter 6 of the Code of Ordinances by adding Article 6-14 entitled "Certain Uses of Public Right-of-way"; and authorizing the Mayor to sign with the following conditions: Section 6-14-5 BA person shall not place or cause to be placed any permanent above ground improvements or facilities, except as authorized prior to the effective date of this Article by franchise or authority of City Council by variance to the municipal subdivision regulations. C 11.The licensee shall use trenchless technology or boring when crossing a public right-of-way. Section 6-14-13 Fees All fees charged under this ordinance shall be established by resolution of the City Council. Councilmember Stover seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and York voting in favor of the motion. 26.Necessary action resulting from Work Session. There was no action necessary under this item. CM04102001 Page 16 of 18 A. Jim Witt, City Manager, updated Council on the City of Coppell's Capital Improvements. 28. Mayor and Council' Reports. A. Report by Mayor Sheehan regarding Tex 21 and Transportation Summit. B. Report by Mayor Sheehan regarding Candlelight Vigil. C. Report by Mayor Sheehan regarding Shattered Dreams. D. Report by Mayor Sheehan regarding Town Hall Meeting. E. Report by Mayor Sheehan regarding DARE graduations at the middle schools. A. Mayor Sheehan announced that the Tex 21 and Transportation Summit will be held August 15 - 17, 2001 in Irving and encouraged participation by the City employees. B. Mayor Sheehan announced that the Candlelight Vigil will be held Thursday, April 26, 2001, at the Justice Center. A C. Mayor Sheehan reported on the success of the Shattered Dreams Program held at Coppell High School on April 5 - 6, 2001, and thanked everyone for their participation. D. Mayor Sheehan reported on the success of the Town Hall Meeting that was held April 3,2001. E. Mayor Sheehan reported on the DARE graduations that were recently held at the Coppell middle schools. 29. 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: CMO4102001 Page 17 of 18 Kathy Wilkerson, Deputy City Secretary CM04102001 Page lg of 18