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CM 2002-07-09MINUTES OF JULY 9, 2002 The City Council of the City of Coppell met in Regular Called Session on Tuesday, July 9, 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 Doug Stover, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Diana Raines, Councilmember Marsha Tunnell, Councilmember Dave Herring, Councilmember Bill York, Councilmember Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney David Dodd. 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 551.087, Texas Government Code - Deliberation rel/iardinl/[ Economic Development Nel/iotiations. 1. West of Denton Tap. Mayor Sheehan convened into Executive Session at 5:44 p.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive Session at 6:05 p.m. and opened the Work Session. CM070902 Page 1 of 11 WORK SESSION (Open to the Public) e Convene Work Session A. B. C. D. E. Discussion of Game Field Ordinance. Review of Sandy Lake Road Landscape Plan. Discussion of Tennis Project. Discussion of Nuisance Complaint Procedures. Discussion of Al/ienda Items. REGULAR SESSION (Open to the Public) Invocation. Pastor Rod Collver of the Coppell First Assembly of God Church led those present in the Invocation. Se Pledge of Allegiance. Mayor Sheehan led those present in the Pledge of Allegiance. Mayor Sheehan advised they were experiencing audio problems over the government access channel for anyone watching at home. Mayor Sheehan advised that Items 17, 18 and 19 would be move up and heard after Item 1 1. Consider approval of a proclamation conl/iratulatinl/[ Kenneth Mayfield on his installation as President of the National Association of Counties, and authorizintl the Mayor to sitln. Action: Councilmember Tunnell moved to approve a proclamation congratulating Kenneth Mayfield on his installation as President of the National Association of Counties, and authorizing the Mayor to sign. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York voting in favor of the motion. CM070902 Page 2 of 11 Citizen's Appearances. There was no one signed up to speak under this item. CONSENT AGENDA 8. Consider approval of the followint[ consent atienda items: A. Consider approval of minutes: June 25, 2002. Be Consider acceptance of resitination of Becky Moore from the Keep Coppell Beautiful Committee. Land Use and Development Ce Consider approval of an Ordinance for text amendments to Chapter 12, Zonint[, of the Code of Ordinances amendint[ Section 12-30-16, to revise requirements for restaurants occupyint[ a lease space/buildint[ where there is an existint[ SUP, and amendint[ Section 12-20-1, deletint[ Subsection 7, restaurants in office buildintis as a permitted use in the O (Office} district, and authorizintl the Mayor to sitln. Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B, and C carrying Ordinance No. 91500-A-328. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York voting in favor of the motion. Consider approval of an Ordinance of the City of Coppell, Texas, approvintl an amendment to Ordinance No. 2001-959, the budtlet for Fiscal Year October 1, 2001 throutlh September 30, 2002, and authorizintl the Mayor to sitln. Presentation: Jennifer Armstrong, Finance Director, made a presentation to the Council. CM070902 Page 3 of 11 Action: Councilmember York moved to approve Ordinance No. 2002-1000 approving an amendment to Ordinance No. 2001-959, the budget for Fiscal Year October 1, 2001 through September 30, 2002, and authorizing the Mayor to sign. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York voting in favor of the motion. 10. Consider approval of an Ordinance authorizing the issuance of City of Coppell, Texas General Obligation Refunding and Improvement Bonds, Series 2002, approving an Official Statement, authorizing the execution of a purchase contract and an Escrow Agreement, and making provisions for the security thereof, and ordaining other matters relating to the subject and authorizing the Mayor to sign. Presentation: Jennifer Armstrong, Finance Director, made a presentation to the Council. Boyd London, financial advisor with First Southwest, made a presentation to the Council. Action: Councilmember York moved to approve Ordinance No. 2002-1001 authorizing the issuance of City of Coppell, Texas General Obligation Refunding and Improvement Bonds, Series 2002, approving an Official Statement, authorizing the execution of a purchase contract and an Escrow Agreement, and making provisions for the security thereof, and ordaining other matters relating to the subject and authorizing the Mayor to sign. Mayor Pro Tem Stover seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York voting in favor of the motion. 11. Consideration of an ordinance authorizing the issuance of City of Coppell, Texas Waterworks and Sewer System Revenue Refunding Bonds, Series 2002, approving an Official Statement, authorizing the execution of a purchase contract, CM070902 Page 4 of 11 and the execution of an Escrow Al/ireement, and makinl/[ provisions for the security thereof, and ordainintl other matters relatinl/[ to the subject and authorizinl/[ the Mayor to sign. Action: Councilmember York moved to approve Ordinance No. 2002-1002 authorizing the issuance of City of Coppell, Texas Waterworks and Sewer System Revenue Refunding Bonds, Series 2002, approving an Official Statement, authorizing the execution of a purchase contract, and the execution of an Escrow Agreement, and making provisions for the security thereof, and ordaining other matters relating to the subject and authorizing the Mayor to sign. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York voting in favor of the motion. Items 17, 18 and 19 were considered at this time. See Items 17, 18 and 19 for minutes. 12. Consider approval of the Northlake 635 Business Park, Lot 1, Block D, Site Plan Amendment, to allow the construction of 40 carports over existintl parkintl and 100 additional parkintl spaces, located at 1234 Lakeshore Drive. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Action: Councilmember Peters moved to approve the Northlake 635 Business Park, Lot 1, Block D, Site Plan Amendment, to allow the construction of 40 carports over existing parking and 100 additional parking spaces, located at 1234 Lakeshore Drive. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York voting in favor of the motion. CM070902 Page 5 of 11 13. PUBLIC HEARING: Consider approval of text amendments to Chapter 12, Zonintl, of the Code of Ordinances, Sections 12-42-1, 12-31-6, 12-25-1 and 12-26-1 to provide for a definition, parkintl requirements and districts permitted for an unlisted use of a technolol/iy equipment facility. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Public Hearinti: Mayor Sheehan opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember York moved to close the Public Hearing and approve text amendments to Chapter 12, Zoning, of the Code of Ordinances, Sections 12-42-1, 12-31-6, 12-25-1 and 12-26-1 to provide for a definition, parking requirements and districts permitted for an unlisted use of a technology equipment facility and providing the last sentence of 12-41.1 Definitions shall read as follows: "Ancillary uses may include an office for personnel, conference room, back-up power generators, and fuel storage, which shall only be permitted as an accessory use to the back-up power generators." Councilmember Herring seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York voting in favor of the motion. 14. PUBLIC HEARING: Consider approval of text amendments to Chapter 12, Zonintl, of the Code of Ordinances, Sections 12-23-0, 12-23-7 and 12- 30-10 to delete Open Storal/ie as a use permitted by Special Use Permit in C (Commercial) districts. CM070902 Page 6 of 11 Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Public Hearinti: Mayor Sheehan opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Peters moved to close the Public Hearing and approve text amendments to Chapter 12, Zoning, of the Code of Ordinances, Sections 12-23-0, 12-23-7 and 12-30-10 to delete Open Storage as a use permitted by Special Use Permit in C (Commercial) districts. Councilmember York seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York voting in favor of the motion. 15. PUBLIC HEARING: Consider approval of text amendment to Chapter 12, Zonintl of the Code of Ordinance, Section 12-34-8.(B)3. to clarify that landscape islands and trees are not required within truck courts. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Public Hearinti: Mayor Sheehan opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Peters moved to close the Public Hearing and approve text amendment to Chapter 12, Zoning of the Code of Ordinance, Section 12-34-8.(B)3. to clarify that landscape islands and trees are not required within truck courts. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover and Councilmembers CM070902 Page 7 of 11 Brancheau, Peters, Raines, Tunnell, Herring and York voting in favor of the motion. 16. Consider approval of an amendment to City Ordinance Chapter 9, Section 9-11-3(P} to provide appropriate times for the closing of specified city parks (Andrew Brown Jr. Community Park (East, West and Central}, MacArthur Park, Moore Road Park, Wagon Wheel Park and the Carter Crowley Practice Facility} for public use; providing a repealing clause; providing a severability clause; and providing for an effective date; and authorizing the Mayor to sign. Presentation: Gary Sims, Director of Parks and Leisure Services, made a presentation to the Council. Mayor Sheehan advised there had been a call for Executive Session. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Sheehan convened into Executive Session at 8:10 p.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive Session at 8:17 p.m. and resumed with Item 16 of the Regular Session. REGULAR SESSION (Open to the Public) Action: Mayor Pro Tem Stover moved to approve Ordinance No. 2002-1003 stating that it will be unlawful to loiter or remain in a city park at a time when the park is closed to the public except for scheduled athletic events as coordinated through the Parks and Leisure Services Department; lit parks will close at 10:30 p.m. and unlit parks will close at sunset; all parks will open at 6:30 a.m. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover and CM070902 Page 8 of 11 Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York voting in favor of the motion. 17. Consider award of Bid No. Q-0502-02 for installation of Denton Creek Trails, to J.M.C. Construction, in an amount not to exceed $492,969.57, and authorizintl the City Manatler to sitln. Presentation: Brad Reid, Assistant Director of Parks and Leisure Services, made a presentation to the Council. Action: Councilmember York moved to approve Bid No. Q-0502-02 for installation of Denton Creek Trails, to J.M.C. Construction, in an amount not to exceed $492,969.57, and authorizing the City Manager to sign. Councilmember Raines seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York voting in favor of the motion. 18. Presentation by Aaron Barrick retlardintl courts. Presentation: Aaron Barrick made a presentation to the Council. proposed tennis 19. Consider award of Bid No. (~-0502-01 to Dean Electric, Inc. dba Dean Construction, for the construction of a tennis facility, in an amount not to exceed $1,283,500.68, and authorizinl/[ the City Manatler to sitln. Presentation: Jim Witt, City Manager, made a presentation to the Council. Action: Councilmember Peters moved to approve Bid No. Q-0502-01 to Dean Electric, Inc. dba Dean Construction, for the construction of a tennis CM070902 Page 9 of 11 facility, in an amount not to exceed $1,283,500.68 and the alternate for two (2) additional tennis courts not to exceed $123,590.00 using funds from $450,000.00 as allocated from the CRDC and proceeds from interest from that and the remainder would be from funds approved in the 1999 bond election for parks, and authorizing the City Manager to sign. Councilmember Raines seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York voting in favor of the motion. 20. Consider approval of an ordinance of the City of Coppell, Texas, amendint[ Section 8-1-3 of the Code of Ordinances by amendint; the maximum prima facie speed limit for Meadowcreek Road and Rollint; Hills Road in the city limits of the City of Coppell; and authorizint; the Mayor to sitin. Presentation: Ken Griffin, Director of Engineering and Public Works, made a presentation to the Council. Action: Councilmember Peters moved to approve Ordinance No. 2002-1004 amending Section 8-1-3 of the Code of Ordinances by amending the maximum prima facie speed limit for Meadowcreek Road and Rolling Hills Road in the city limits of the City of Coppell; and authorizing the Mayor to sign. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York voting in favor of the motion. 21. Consider approval of the acceptance of payments in consideration of an Economic Development Atireement dated October 13, 1998 and amended September 20, 2000 between the City of Coppell and Verizon. Presentation: Jim Witt, City Manager, made a presentation to the Council. CM070902 Page 10 of 11 Action: Councilmember Peters moved to approve the acceptance of payments in consideration of an Economic Development Agreement dated October 13, 1998 and amended September 20, 2000 between the City of Coppell and Verizon. Councilmember Raines seconded the motion; the motion carried 7-0 with Mayor Pro Tern Stover and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York voting in favor of the motion. 22. Necessary action resulting from Work Session. There was no action necessary under this item. 23. 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, t_.he meeting was adjourned. ~, j.~ .t ~~~ Can ihe;ha , ATTEST: Libb~ ~ll~it~ '~ecretary CM070902 Page 11 of 11