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CM 2001-09-18MINUTES OF SEPTEMBER 18, 2001 The City Council of the City of Coppell met in a Continued Session of the September 11, 2001 meeting, on Tuesday, September 18, 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 Greg Garcia, Councilmember Jayne Peters, Councilmember Diana Raines, Councilmember Marsha Tunnell, Councilmember Doug Stover, Councilmember (late arrival) 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) Convene Executive Session A. Section 551.071, Texas Government Consultation with City Attorney. 1. Papagolas Development Company v. Coppell. 2. Fischer v. Drees, et al. Code City of Mayor Sheehan convened into Executive Session at 6:09 p.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive Session at 6:16 p.m. and opened the Work Session. cm09182001 Page 1 of 18 WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion Commissions. Discussion regarding interview and process for Coppell Education Corporation. Discussion of Agenda Items. relgarding[ appointments to Boards and appointment Development Councilmember Stover arrived during Work Session. REGULAR SESSION 4. Invocation. Dr. David Stubblefield, invocation. (Open to the Public) First Baptist Church, led those present in the 5. Pledtle of Alletliance. Mayor Sheehan led those present in the Pledge of Allegiance. Consider approval of a proclamation naming September 17 through 23, 2001 as Constitution Week, and authorizing the Mayor to sign. Presentation: Mayor Sheehan read the proclamation for the record. Action: Councilmember Tunnell moved to approve a proclamation naming September 17 through 23, 2001 as Constitution Week, 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. cm09182001 Page 2 of 18 7. Report by Telecommunications Board. Andy Bardach, Chair, gave the semi-annual report and introduced the members present. A. B. C. D. E. Citizen's Appearances. John Giles, 728 Cardinal, spoke regarding vinyl fence. Teresa Richardson, 516 Lake Forest, spoke in favor of vinyl fence. Judy Brown, 623 Bethel School, spoke in favor of vinyl fence. Wendy Elder, 726 Oriole, spoke in favor of vinyl fence. Kim Orgeron, 726 Oriole, spoke in favor of vinyl fence. CONSENT AGENDA Consider approval of the following consent agenda items: A. Consider approval of minutes: August 28, 2001. Consider approval of awarding Bid #(Q-0701-02 for the purchase of water meters in the following manner: Hersey Meters - series #0100- 5/8" x 3/4" and 1", series #0300- 3" and 6", series #0400- 4", 6" and 8"; Master Meters - series #0100- 5/8" x 3/4" multi-jet and 1" multi-jet, series #0300- 4" and 8", series #0600- 3" without connections; ACT Pipe & Supply - series #600- 4", 6" 8" and 10" in an amount not to exceed $174,815.26; as budgeted. Consider approval of an ordinance setting the maximum permitted basic tier rates charged by AT&T Broadband, and authorizing the Mayor to sign. Consider approval of an ordinance setting the maximum permitted service trip rate charged by AT&T Broadband, and authorizing the Mayor to sign. cm09182001 Page 3 of 18 Land Use and Development Ee Consider approval of an Ordinance for Case No. S- 1189, Donut City, zoning change from C {Commercial) to C-S.U.P. {Commercial, Special Use Permit-Il89), 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, and authorizing the Mayor to sign. Presentation: Rick Moore, Director of Information Systems, answered questions from Council on Item C. Issues Discussed: There was discussion regarding the maximum permitted basic tier rates charged by AT&T Broadband. Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B, C carrying Ordinance No. 2001-961, D carrying Ordinance No. 2001-962 and E carrying Ordinance No. 91500-A-304. 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. 10. Consider approval of an Ordinance approving and adopting the budget for the City of Coppell for the Fiscal Year October 1, 2001 through September 30, 2002, and authorizing the Mayor to sign. {ADOPTED SEPTEMBER 11;2001) This item was approved at the September 11,2001 City Council Meeting. Please see the September 11,2001 minutes for details. 11. Consider approval of an Ordinance of the City of Coppell, Texas levying the Ad valorem Taxes for the year 2001 at .6486/$100 taxable valuation of which .43777 for cm09182001 Page 4 of 18 operations and maintenance and .21083 for interest and sinking, and authorizing the Mayor to sign. (ADOPTED SEPTEMBER 11, 2001) This item was approved at the September 11,2001 City Council Meeting. Please see the September 11,2001 minutes for details. 12. Consider approval of a Resolution retlarding the passage of additional Homestead Property Tax relief as provided for in state law, and authorizing the Mayor to sign. Presentation: Jim Witt, City Manager, made a presentation to Council. Issues Discussed: There was discussion regarding the Homestead Property Tax relief. Action: Mayor Pro Tem York moved to approve Resolution No. 2001-0918.1 regarding the passage of additional Homestead Property Tax relief as provided for in state law, and authorizing the Mayor to sign. 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. 13. Presentation by Mike Vasquez concerning changes to Coppell Code of Ordinances to allow vinyl fencing in the City. Presentation: Mike Vasquez, 801 Crane Drive, made a presentation to Council. Issues Discussed: Councilmember Raines requested that this item be placed on the Work Session for the September 25, 2001 City Council meeting. cm09182001 Page 5 of 18 14. PUBLIC HEARING: (CONTINUED FROM SEPTEMBER 11, 2001) 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 CP-Coppell Industrial, Ltd., described as Coppell Industrial Addition, Block A, Lot I (30.33 acres) and located at the northeast corner of Royal Lane and Bethel Road, Coppell, Texas. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Public Hearing: Mayor Sheehan advised the Public Hearing remains open and advised that no one had signed up to speak. Issues Discussed: There was discussion regarding the size of the building. Action: Mayor Pro Tem York moved to close the Public Hearing and approve the following items: Item 14: Approve 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 CP-Coppell Industrial, Ltd., described as Coppell Industrial Addition, Block A, Lot 1 (30.33 acres) and located at the northeast corner of Royal Lane and Bethel Road, Coppell, Texas. Item 15: Approve Ordinance No. 2001-963 designating the CP-Coppell Industrial, Ltd. Reinvestment Zone No. 34, and authorizing the Mayor to sign. cm09182001 Page 6 of 18 Item 16: Approve Resolution No. 2001-0918.2 approving a Tax Abatement Agreement between the City of Coppell and CP-Coppell Industrial, LTD., and authorizing the Mayor to sign. 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. 15. Consider approval of an Ordinance designating the CP- Coppell Industrial, Ltd. Reinvestment Zone No. 34, and authorizing the Mayor to sign. Action: This item was considered under Item 14. See Item 14 for minutes. 16. Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and CP-Coppell Industrial, LTD., and authorizing the Mayor to sign. Action: This item was considered under Item 14. See Item 14 for minutes. 17. PUBLIC HEARING: (CONTINUED FROM SEPTEMBER 11, 2001) Consider approval of the Vista Ridge Addition, Lot 3R, Block G, Site Plan and Replat, to allow the development of an approximately 71,000 square-foot office building on a 7.017 acre portion of a 25.93 acre tract of property located at the southwest corner of S.H. 121 (Vista Ridge Boulevard) and MacArthur Boulevard. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Dan Anderson, applicant, addressed questions regarding brick. cm09182001 Page 7 of 18 Public Hearing: The Replat was approved September 11, 2001 in accordance with State law. Issues Discussed: There was discussion regarding the color of the brick, when the wall would be completed and safety around the wall area. Action: Mayor Pro Tem York moved to close the Public Hearing and approve the Vista Ridge Addition, Lot 3R, Block G, Site Plan and Replat, to allow the development of an approximately 71,000 square-foot office building on a 7.017 acre portion of a 25.93 acre tract of property located at the southwest corner of S.H. 121 (Vista Ridge Boulevard) and MacArthur Boulevard. 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. 18. Consider approval of the Town Center Addition, Lot 2, Block 3, Site Plan, to allow the development of an approximately 12,975 square-foot retail/office building on approximately 1.7 acres of property located along the east side of Denton Tap Road, approximately 475 feet south of Parkway Boulevard. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Alan Hinkley, applicant, addressed Council. There was a request for an Executive Session at this time. cm09182001 Page 8 of 18 EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Consultation with City Attorney. Code Mayor Sheehan convened into Executive Session at 8:48 p.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive Session at 9:06 p.m. and reopened Item 18. REGULAR SESSION (CONTINUED) (Open to the Public) 18. Consider approval of the Town Center Addition, Lot 2, Block 3, Site Plan, to allow the development of an approximately 12,975 square-foot retail/office building on approximately 1.7 acres of property located alontg the east side of Denton Tap Road, approximately 475 feet south of Parkway Boulevard. (Continued} Issues Discussed: There was discussion regarding the types of businesses already located in the building and the landscaping. Action: Councilmember Tunnell moved to approve the Town Center Addition, Lot 2, Block 3, Site Plan, to allow the development of an approximately 12,975 square-foot retail/office building on approximately 1.7 acres of property located along the east side of Denton Tap Road, approximately 475 feet south of Parkway Boulevard with the following conditions: The elimination of the drive thru lane be used to meet the landscaping requirements and any other configurations that need to be done to meet the landscaping requirements on site. Councilmember Garcia seconded the motion; the motion carried 5-2 with Mayor Pro Tem York and Councilmembers Garcia, Tunnell, Stover and Herring voting in favor of the motion and Councilmembers Peters and Raines voting against the motion. cm09182001 Page 9 of 18 19. Consider approval of the Town Center Addition, Lots 2 /k 3, Block 3, Minor Plat, to allow the development of a retail/office center and bank on approximately 3 acres of property located along the east side of Denton Tap Road, approximately 325 feet south of Parkway Boulevard. Action: Approved as a matter of law on September 11,2001. 20. PUBLIC HEARING: (CONTINUED FROM SEPTEMBER 11, 2001) Consider approval of Case No. S-1190, Green Pepper Asian Grill and Noodles, zoning change request from PD-178R (Planned Development- 178R) to PD- 178R-S.U.P- 1190 (PD178R, Special Use Permit-1190), to allow the operation of an oriental restaurant and private club to be located in the Town Center West Retail Center at 171 N. Denton Tap Road. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Calvin Wong, 3317 Stoneway, Grand Prairie, TX addressed questions from Council. Public Hearing: Mayor Sheehan advised the Public Hearing remains open and no signed up to speak. Issues Discussed: There were questions regarding the hours of operation. Action: Mayor Pro Tem York moved to close the Public Hearing and approve Case No. S-1190, Green Pepper Asian Grill and Noodles, zoning change request from PD-178R (Planned Development-178R) to PD-178R-S.U.P-1190 (PD178R, Special Use Permit-il90), to cm09182001 Page 10 of 18 allow the operation of an oriental restaurant and private club to be located in the Town Center West Retail Center at 171 N. Denton Tap Road with the following conditions: The development of the property shall be in accordance with the site plan, floor plan, elevations and revised sign plan. 2. Hours of operation being 11:00 a.m. to 10:00 p.m. seven days a week. 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. There was a short recess held at this time. 21. Consider approval of the Dynasty Cleaners Addition, Lot 1, Block 1, Site Plan and Minor Plat, to allow the development of an approximately 10,400 square-foot retail building on approximately 1.606 acres of property located at the southeast corner of S.H. 121 and Denton Tap Road. Action: Mayor Sheehan advised this item was withdrawn at the applicant's request. 22. 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 $114,000.00, and authorizing the City Manager to sign. Action: Mayor Pro Tem York moved to approve a Professional Services Agreement with Schrickel, Rollins and Associates for the preparation of Construction Documents related to the development cm09182001 Page 11 of 18 bnof Tennis Courts and related amenities at Wagon Wheel Park, in an amount not to exceed $114,000.00, and authorizing the City Manager to sign. 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. 23. Consider approval of awardintl Bid/Contract #(Q-0601-01 for the construction of Creekview Drive and a portion of Freeport Parkway Project No. ST00-01 to Infrastructures Services, Inc. in an amount of $1,040,811.47, as provided for in CIP funds; and authorizing the Mayor to sign. Presentation: Jim Witt, City Manager, made a presentation to Council. Issues Discussed: There was discussion regarding the original amount of money in the bond project. Action: Mayor Pro Tem York moved to approve awarding Bid/Contract #Q- 0601-01 for the construction of Creekview Drive and a portion of Freeport Parkway Project No. ST00-01 to Infrastructures Services, Inc. in an amount of $1,040,811.47, as provided for in CIP funds; 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. 24. Consider request by Telecommunications Board member to waive the Board attendance policy. Issues Discussed: There was discussion regarding the intent of Ms. Black's letter. cm09182001 Page 12 of 18 Action: Councilmember Tunnell moved to deny the request by Telecommunications Board member to waive the Board attendance policy. Councilmember Raines seconded the motion; the motion carried 5-2 with Mayor Pro Tem York and Councilmembers Raines, Tunnell, Stover and Herring voting in favor of denying the motion and Councilmembers Garcia and Peters against denying the motion. 25. Consider appointments to Commissions and Committees. the City's Boards, Issues Discussed: There was discussion regarding the attendance requirements and mandatory training for the Planning and Zoning Commission members. Action: American Red Cross Councilmember Garcia moved to appoint Karen Elwonger for a two-year term. 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. Animal Services Appeals Board Councilmember Tunnell moved to appoint George Marczuk as a regular member for a two-year term and Jena Barton as an alternate member for a two-year term. 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. Board of Adjustment Councilmember Stover moved to appoint Norman Kressmann and Stephen Wright as regular members for two-year terms and John Hoppie and Donald Perschbacher as alternate members for two- year terms. Councilmember Herring seconded the motion; the cm09182001 Page 13 of 18 motion carried 7-0 with Mayor Pro Tem York and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and Herring voting in favor of the motion. Conduct Review Board Councilmember Tunnell moved to appoint John Alda, Norman Kressmann, Beverly Stewardson, Larry Thompson, William J. Dolphin, Frank Dimartino, Marie Reed, and Karen Williams for one-year terms. 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. Coppell Economic Development Committee Councilmember Herring moved to appoint Bruce Bradford and Jay Thompson as regular members for two-year terms and Dennis Onalaja as an alternate member for a two-year term. 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. Keep Coppell Beautiful Councilmember Raines moved to appoint Cory Brown, Julia Petty, Judi Smith and Nancy Thursby as regular members for two-year terms. 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. Library Board Councilmember Tunnell moved to appoint Carol Myers, Nancy Lemay, Saul Friedman, and Chris Reed as regular members for two-year terms and Charles Petty as an alternate member for a two-year term. 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. Parks and Recreation Board Councilmember Raines moved to appoint Reg Allen, Victor Burke, Chris Ruska and Scott Williams as regular members for one-year cm09182001 Page 14 of 18 terms and Brent Wooten as an alternate member for a one-year term. 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. Planning and Zoning Commission Councilmember Tunnell moved to appoint Sam Clark, Greg McGahey, Rick McCaffrey and Ann Dragon as regular members for two-year terms. 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. Special Counsel Councilmember Peters moved to appoint Gerald D'Unger, David Ehrman, Jeannie Farrier and Paul Tapscott to one-year terms. 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. Telecommunications Board Councilmember Peters moved to appoint Andy Bardach, James Cobb, Kerrin Garrick-Foltyn, and Monica Kunkel for two-year terms and David Hillock for a one-year term. 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. Coppell Education Development Corporation Councilmember Raines moved to appoint Peggy Quinn, Betty Carter, David Hermanski and Jerry Coker for two-year terms and Ann Golding, Tiffany Pittman and Quay Bratton for one-year terms. 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. cm09182001 Page 15 of 18 26. Selection of an official City of Coppell representative to TEX-21, Transportation Excellence for the 21st Century. Presentation: Mayor Sheehan announced that she would serve as the official City of Coppell representative to TEX-21, Transportation Excellence for the 21st Century. Mayor Sheehan then asked for volunteers to serve on various committees as representatives of the City of Coppell. Action: Councilmembers Peters, Tunnell, volunteered to represent the City Excellence for the 21st Century. Garcia and Raines all to TEX-21, Transportation 27. Necessary action resulting from Work Session. There was no action necessary under this item. 28. City Manager's Report. A. North Texas Commission Annual Dinner. B. Methodist Church - Heartz Road Parking. ao Jim Witt, City Manager, reported on the North Texas Commission Annual Dinner that he and Councilmember Peters attended. Bo Jim Witt, City Manager, announced that they have temporarily reinstated on-street parking at the request of the Methodist Church while their parking lot is being paved. 29. Mayor and Council Reports. A. Report by Mayor Sheehan regarding meeting with Texas Waste Management. Report by Mayor Sheehan regarding update of Coppell Education Development Corporation. Report by Mayor Sheehan regarding Grape Stompfest. cm09182001 Page 16 of 18 ao Bo Do ao Fo Report by Councilmember Peters retlardintl Coppell Hitlh School Homecomintl Parade on September 27th. Report by Councilmember Peters rel/iardinl/[ Senior Adult Services Annual Golf Tournament on October Ist. Report by Councilmember Raines rel/iardinl/[ Trinity Trails. Mayor Sheehan reported on the meeting that she, Jim Witt, City Manager, and Amanda Vanhoozier attended with Waste Management for an update on recycling. Mayor Sheehan passed on discussing this item. Mayor Sheehan announced that she and Mayor Pro Tem York won the Best Costume at the Grape Stompfest and showed everyone the trophy they won. Councilmember Peters announced that this year the route has changed for the Coppell High School Homecoming Parade which will be on September 27th. Councilmember Peters announced that the Senior Adult Services Annual Golf Tournament would be held on October ist at the Indian Creek Golf Course in Carrollton. Councilmember Raines reported on the future plans for the Trinity Trails Advisory Committee and that Coppell will attempt to connect the City's trail systems with this trail along I 35. 30. Necessary Action Resulting from Executive Session. There was no action necessary under this item. cm09182001 Page 17 of 18 Adjournment. There being no further business to come before the City Council, the meeting was adjourned. Candy Sheehan, Mayor ATTEST: Libby Ball, City Secretary cm09182001 Page 18 of 18