CM 1989-10-10 Minutes of October 10, 1989
The City Council of the City of Coppell met in regular called session on
Tuesday, October 10, 1989, at 7:00 p.m. in the Council Chambers of Town
Center, 255 Parkway Boulevard, Coppell, Texas. The following members
were present:
Mark Wolfe, Mayor
Dean Wilkerson, Mayor Pro Tem
David M. Thomas, Councilman
Tom Morton, Councilman
Bill Smothermon, Councilman
Jim Cowman, Councilman
Ron Robertson, Councilman
John A. Neleon, Councilman
Also present were City Manager Alan D. Ratliff, City Attorney Larry
Jackson and City Secretary Dorothy Tim~ons.
Mayor Wolfe called the meeting to order and introduced the student
representatives from Coppell Intermediate School and gave a short
synopsis of the "Students in Government" program. Those students and
their Council counterparts were as follows:
Angle Wortman, Mayor (Mark Wolfe)
Jeff Bekavac, Mayor Pro Tem (Dean Wilkerson)
Aaron Scarborough, Council member (David M. Thomas)
Jessica West, Council member (Tom Morton)
Loretta Patterson, Council member (Bill Smothermon)
Tammy Lawless, Council member (Jim Cowman)
Ryan Jeter, Council member (Ron Robertson)
Cecilia Flores, Council member (John A. Nelson)
Micah Carver, City Manager (Alan D. Ratliff)
Mayor Pro Tem Jeff Bekavac (Wilkerson) gave the invocation. Following
the invocation Mayor Angle Wortman (Wolfe) led those present in the
Fledge of Allegiance.
Item 3: Consideration of approval of minutes: September 26, 1989.
Council member Cecilia Flores (Nelson) moved to approve the minutes of
September 26, 1989 as submitted. Council member Jesslca West (Morton)
seconded the motion; motion carried 7-0 with Mayor Pro Tem Jeff Bekavac
(Wilkerson), Council members Aaron Scarborough (Thomas), Jessica West
(Morton), Loretta Patterson (Smothermon), Tmmmy Lawless (Cowman) Ryan
Jeter (Robertson) amd Cecilia Flores (Nelson) voting in favor of the
motiou.
Item 4: Special Mayor's Report
Mayor Angle Wortman (Wolfe) reported on the following items:
A. Mayor Wortman (Wolfe) informed those present of the next
scheduled public hearing concerning the D/FW Expansion. This
meeting will be held on October 24, 1989, at the Coppell
Intermediate School located on Mockingbird Lane at 7:30 p.m.,
and urged all concerned citizens to attend.
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B. Mayor Wortman (Wolfe) informed those present that Mayor Mark
Wolfe has scheduled a Mayor's Forum for Monday, October 16,
1989, at 7:30 p.m., in the Council Chambers of Town Center
which will enable citizens of the City to discuss concerns
they may have with the Mayor.
Item 5: Special Session Citizens Appearances
Mayor Antic Wortman (Wolfe) then asked for those citizens who wished to
address the City Council at this time. Those persons speaking were
Tracy Stone and Katy Kwast. Ms. Stone expressed her concern of the
timing of the traffic signal at the Dairy Queen intersection and Ms.
Kwast requested the City Council not to approve the request of
Riverchase Golf Course/Club to serve alcoholic beverages.
Item 6: Discussion, consideration of a resolution declaring October
10, 1989, as "Students in Government Day" in the City of
Coppell and author/zing the Mayor to sign.
Mayor Antic Wortman (Wolfe) introduced this item and read Resolution
101089.1 into the record. Council member Ryan Jeter (Robertson) moved
to approve Resolution 101089.1 as submitted and authorizing the Mayor to
sign. Council member Jessica West (Morton) seconded the motion; motion
carried 7-0 with Mayor Pro Tem Jeff Bekavac (Wtlkerson), Council members
Aaron Scarborough (Thomas), Jessica West (Morton), Loretta Patterson
(Smothermon), Tammy Lawless (Cowman) Ryan Jeter (Robertson) and Cecilia
Flores (Nelson) voting in favor of the motion.
Item 7: Discussion, consideration of a proclamation declaring October
10, 1989, as "Republic of China on Taiwan Day" in the City of
Coppell and authorizing the Mayor to sign.
Dr. Charles Ku was present to accept this proclamation from the City
Council. Following discussion, Mayor Pro Tem Jeff Bekavac (Wilkerson)
moved to approve the proclamation declaring October 10, 1989, as
"Republic of China on Taiwan Day" in the City of Coppell and authorizing
the Mayor to sign. Council member Cecilia Flores (Nelson) seconded the
motion; motion carried 7-0 with Mayor Pro Tem Jeff Bekavac (Wtlkerson),
Council members Aaron Scarborough (Thomas), Jessica West (Morton),
Loretta Patterson (Smothermon), Tammy Lawless (Cowman) Ryan Jeter
(Roberteon) and Cecilia Flores (Nelson) voting in favor of the motion.
Item 8: Discussion, consideration of a proclamation declaring the week
of October 8 through 14, 1989, as "National Colonial Heritage
Wee~' in the City of Coppell and authorizing the Mayor to
sign.
City Manager Micah Carver (Ratliff) presented this item and read the
proclamation into the record. Following discussion, Council member Ryan
Jeter (Robertson) moved to approve the proclamation declaring the week
of October 8 through 14, 1989 as "Natioual Colonial Heritage Week" in
the City of Coppell and authorizing the Mayor to sign. Council member
Aaron Scarborough (Thomas) seconded the motion; motion carried 7-0 with
Mayor Pro Tem Jeff Bekavac (Wilkerson), Council members Aaron
Scarborough (Thomas), Jessica West (Morton), Loretta Patterson
(Smothermon), Tammy Lawless (Cowman) Ryan Jeter (Robertson) and Cecilia
Flores (Nelson) voting in favor of the motion. Mayor Antic Wortman
(Wolfe) then introduced Sandra Stuckey, Principal, Coppell Intermediate
School, to those present and presented Ma. Stuckey with the
procla~-tion.
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Item 9: Presentation, discussion, consideration of status report on
the SBS Concession Agreement.
City Attorney Larry Jackson presented this item to the City Council.
Mr. Jackson reported on the status of this project and stated that a
contract will be presented in the very near future to the City Council
for consideration and approval. No action was required by the City
Council at this item.
Item 10: Discussion, consideration of approval of a variance to the
Sign Ordinance to allow for the installation of a temporary
sign on Denton Tap Road for use in advertising the "Shop
Coppell First" campaign, as requested by Councilman Robertson.
Council member Ryan Jeter (Robertson) presented this item to the
Council. He informed the Council that the request is for the placement
of a sign to be located at Bethel Road/Denton Tap intersection to
advertise the "Shop Coppell First" campaign. Following discussion,
Council member Cecilia Flores (Nelson) mowed to approve a variance to
the Sign Ordinance to allow for the installation of a temporary sign on
Denton Tap Road for use in advertising the "Shop Coppe11 First"
campai~n, as requested by Councilman Robertson. Council member Ryan
Jeter (Robertson) seconded the motion; motion carried 7-0 with Mayor Pro
Tem Jeff Bekavac (Wilkerson), Council members Aaron Scarborough
(Thomas), Jessica West (Morton), Loretta Patterson (Smothermon), Taa~y
Lawless (Cowman) Ryan Jeter (Robertson) and Cecilia Flores (Nelson)
voting in favor of the motion.
Item 11: Discussion, consideration of approval of use of the Executive
Conference Room at Town Center on December 3, 1989, for the
"Shop Coppell First" auction, as requested by Councilman
Robertson.
Council member Ryan Jeter (Robertson) also presented this item to the
Council. He informed the Council that the request is also for the use
of the City Council Chambers in addition to the Executive Conference
Room. Following discussion, Council member Aaron Scarborough (Thomas)
moved to approve the use of the Executive Conference Room and City
Council Chambers in Town Center on December 3, 1989, for the "Shop
Coppell First" auction, as requested by Councilman Robertson. Council
member lyon Jeter (Robertson) seconded the motion; motion carried 7-0
with Mayor Pro Tem Jeff Bekavac (Wilkerson), Council members Aaron
Scarborough (Thomas), Jessica West (Morton), Loretta Patterson
(Smothermon), Tommy Lawless (Cowman) Ryan Jeter (Rohertson) and Cecilia
Flores (Nelson) voting in favor of the motion.
Item 12: Discussion, consideration of approval of a Resolution of the
City of Coppell, Texas, in support of Proposition No. 8 Senate
Joint Resolution 24; providing that the City of Coppell take
action as it deems necessary to encourage its citizens to
support Proposition 8 at the General Election November 7,
1989, and authorizing the Mayor to sign.
Mayor Angfe Wortman (Wolfe) made the presentation on this item to the
Council and informed the Council that he, and the City Manager Alan D.
Ratliff, had attended a meeting in the afternoon where this item was
discussed. Following further discussion, Mayor Pro Tem Jeff Bekavac
(Wilkerson) moved to approve Resolution 101089.2 as submitted and
authorizing the Mayor to sign. Council member Loretta Patterson
(Smothermon) seconded the motion; motion carried 7-0 with Mayor Pro Tem
Jeff Bekavac (Wilkerson), Council members Aaron Scarborough (Thomas),
Jessica West (Morton), Loretta Patterson (Smothermon), Tammy Lawless
(Cowman) Ryan Jeter (Robertson) and Cecilia Flores (Nelson) voting in
favor of the motion.
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C; ;_; ;; 9 5 0
At this time Mayor Wolfe thanked the students for their participation in
the City Council meeting and the "Students in Government" program.
Mayor Wolfe then introduced the ith Grade teachers from Coppell
Intermediate School. Those teachers introduced were Ms. Jean
Niederkorn, Ms. Marcia Raines, Ms. Janice Branum, Ma. Susan Southard,
Ms. Lisa Hacks1 and Ms. Carolyn Noles. Mayor Wolfe thanked them for
their ass/stance and presented them with Certificates of Election which
will he presented to the students representing the City Council and City
Manager during this program. The students then left the City Council
dais at this time, which ended the "Students in Government" program for
the evening.
Item 13: Official Mayor's Report
Mayor Wolfe reported on the following items:
A. Mayor Wolfe again informed those present of a public hearing
concerning the D/FW Expansion which will be held at 7:30 p.m.
on October 24, 1989, at Coppell Intermediate School and urged
all citizens to attend. He also advised those present that a
new noise contour map has been presented to the City and will
be available in the Library for viewfng by citizens.
B. Mayor Wolfe informed those present that some of the businesses
in the City are still charging 8~ sales tax and any questions
or concerns should be referred to the Comptroller's office in
Austin.
C. Councilman Nelson requested staff to look into raising the
speed limit on MacArthur Boulevard from 30 mph to 35 mph. He
also requested staff to check on the street lights in the City
that are not working.
Item 14: City Council Liaison Reports
A, ARCHITECTURAL REVIEW COMMITTEE - There was no report at this
time.
B. COPPELL HISTORIC DISTRICT - Councilman Nelson stated that this
Committee is in the fact gathering stage at present and are
working with the land owners in the area to gather additional
information.
C. DCAD - There was no report at this time.
D. FINANCE CO~ITTEE - There was no report at this item.
E. LIBRARY BOARD Councilman Cowman stated that the Library
Board will be bringing forward to the City Council plans for
expansion of the Library.
F. MUD ABSORPTION COMMITTEE - There was no report at this time.
G. NCTCOG - There was no report at this time.
H. PARK BOARD - Mayor Pro Tam Wilkerson stated that the Park
Board had met and member Mike Cooper was elected Chairman of
the Board with Ed Reeve elected as Co-Chairman.
I. SCHOOL BOARD - There was no report at this time.
J. TRANSPORTATION STUDY COMMITTEE - There was no report at this
time.
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K. CHAMBER OF COMMERCE - Councilman Cowman stated that a survey
will be forwarded in the very near future to the businesses in
the City requesting their input on whether or not they are in
favor of a Chamber of Commerce. Councilman Cowman also
reminded the Council that the Coppell Business Association
luncheon is scheduled for Wednesday, October 11, 1959, and
Councilmen Nelson, Robertson and himself will be the guest
speakers.
Item 16: Discussion, consideration of approval of an Ordinance amending
Chapter l0 of the Code of Ordinances, which concerns sign
regulations, and authorizing the Mayor to si~n.
City Attorney Larry Jackson made the presentation to the Council and
reviewed the changes in the Sign Ordinance with them. Following
discussion, Councilman Morton moved to approve Ordinance 89-454 amending
Chapter 10 of the Code of Ordinances, which concerns sign regulations
and authorizing the Mayor to sign. Councilman Cowman seconded the
motion; motion carried 7-0 with Mayor Pro Tam Wilkerson, Councilmen
Thomas, Morton, Smothermon, Cowman, Robertson and Nelson voting in favor
of the motion.
Item 17: Discussion, consideration of approval of a consultant's report
on the interchanges and ramping of the proposed Highway Route
121 freeway facility designed by the Texas State Department of
Highways and Public Transportation (TSHD&PT) and authorizing
the City Manager to respond by letter for the City of Coppell
to the TSHD&PT.
City Engineer Russell Doyle and Roy Wilshire of Kimley-Horn made the
presentation to Council. Following discussion, Councilman Morton moved
to approve and accept the recommendation of Kimley-Horn. Councilman
Robertson seconded the motion; motion carried 7-0 with Mayor Pro Tem
Wilkerson, Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and ~-~
Nelson voting in favor of the motion.
Public Hearings on this item will be held later, and changes
incorporated into the Master Plan. Kimley-Nor~ will prepare a written
report to be presented to the TSHD&PT.
Item 18: Discussion, consideration of evaluating and selecting an
alignment of Freeport Parkway between Bethel School Road and
S.H. 121, and thereby amending the Comprehensive Thoroughfare
Plan.
Planning and Zoning Coordinator Taryon Bowman made the presentation to
the Council. City Manager Alan Ratliff informed Council that Mr. Jerry
Lacy is reimbursing the City for the cost of Kimley-Horn making a study
of this project. Following discussion, Councilman Robertson moved to
approve realignment of Freeport Parkway in its more westerly alignment.
Councilman Morton seconded the motion, motion carried 7-0 with Mayor Pro
Tam Wilkerson, Councilmen Thomas, Morton, Smothermon, Cowman, Robertson
and Nelson voting in favor of the motion. (A copy of the proposed
realignment is attached as a permanent part of these minutes.)
Item 19: Public Hearing to consider a zoning change, Case #ZC-523, from
(LI) light industrial to (SF-7) single family-7, located at
the southeast corner of Thweatt Road and State Road, at the
request of Mr. Jerry Lacy.
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Prior to the presentation, Mayor Wolfe reminded Council that the
Planning & Zoning Commission recommended denial; therefore, it will take
six (6) in favor votes to be able to override the Planning and Zoning
Co~tssion's reco~mendation. Planning and Zoning Coordinator Taryon
Bowman made the presentation to Council. Nathan Naler and Jerry Lacy
were present representing this item. Mayor Wolfe declared the Public
Hearing open and asked for any persons present wishing to speak against
this item. Present wishing to speak against this zoning change were:
Vivian Checkly and James Zukauckas. Mayor Wolfe then asked for those
persons present wishing to speak in favor of this item. Those wishing
to speak in favor of this zoning change were: Melvin Gross, Bill
Thompson, Kip Ewing, Jerry Malzahn, Mark Connell and Steve Stolte. As
there were no other persons wishing to speak, Mayor Wolfe declared the
Public Hearing on this zoning case closed. Following discussion by City
Council, Councilman Smothermon moved to approve as a (PD SF-9) rather
then (SF-7) as requested with the following stipulations: 1) That the
minimum home size would be 1,600 square feet. 2) That any buildings
constructed in the (LI) light industrial area located at the northwest
corner of this property would be restricted to 35 feet in height. 3)
That three (3) lanes of State Road be constructed in its entirety.
That along State Road a masonry fence be constructed to be used as a
buffer between this property and the property to the west of it.
That notices of noise potential (from airport over flights) be issued to
all purchasers of lots within this development. 6) That the developer
pay their pro-rata share for improvements to Thweatt Road. Councilman
Morton seconded the motion; motion carried 6-1 with Mayor Pro Tam
Wilkereon, Councilmen Morton, Smothermon, Cowman, Roberteon and Nelson
voting in favor of the motion, and Councilman Thomas voting against the
motion.
Item 20: Public Hearing to consider a zoning change, Case tS-1037.1,
from (SF-12) single family-12 to (SF-12-SUP) single family-12
special use permit, located approximately 1,000 feet north
from the intersection of MacArthur Boulevard and Riverchase
Drive, to allow the operation of a private club, at the
request of the American Golf Association.
Planning and Zoning Coordinator Taryon Bowman made the presentation to
Council. Also present representing this item was Mr. Jim Helms
representing American Golf Association. Mayor Wolfe opened the Public
Hearing for this zoning change and asked if there was anyone present
wishing to speak either for or against this item. There were seven (7)
persons present wishing to speak against this zoning change, they were:
Nelvin Gross, Vivian Checkly, Walter PettiJohn, Will Townsend, Craig
Johnson, Ed Stevens and Marsha Tunnel1. There was no one wishing to
speak in favor of this zoning change. Mayor Wolfe then closed the
Public Hearing. Discussion was then held by the Council. During this
discussion, ~ro Jim Helms, representing American Golf Association, made
a voluntary commitment that only beer and wine will be served until the
permanent Club House is constructed. Nayor Pro Tem Wilkerson made a
motion to deny this zoning change request. Councilman Norton seconded
the motion; motion failed 3-4 with Mayor Pro Tam Wilkerson and
Councilmen Morton and Smothermon voting in favor of the motion; and
Councilmen Thomas, Co~man, Robertson and Nelson voting against the
motion. ~ollowing further discussion, Councilman Cowman moved to
approve the zoning case with the five (5) variances requested by the~'
applicant with t~o~(2) amendments: 1) With variance ~i using the word
'~ill" produce rather than ~ay produce. 2) That notices be posted
throughout the Club House and ~olf Course that
alloyed on the ~olf Course% Councilman Roberts°n seconded the ~oti
motion carried I-3 with Council~n Tho~s, Robertson, Co~an
Item 21: Public Rearing to consider a zoning change, Case ~S-1045, from
(C) commercial to (C-SUP) commercial special use permit, to
allow the operation o£ a restaurant, located at 110 West Sandy
Lake Road, Suite #106, at the request of Mr. David Kniffen.
Planning and Zoning Coordinator Taryon Bowman made the preeention to
Council. Mr. David Kniffin was present to represent this zoning change
request. Mayor Wolfe opened the Public Hearing and asked if there was
anyone present wishing to speak either for or against this item. Mr.
Dante1 Griffiths spoke in favor of the zoning change, and there was no
one present wishing to speak against this item. At this point, Mayor
Wolfe closed the Public Hearing. Following discussion, Councilman
Morton moved to approve this zoning change request. Councilman
Robertson seconded the motion; motion carried 7-0 with Mayor Pro Tem
Wilkerson, Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and
Nelson voting in favor of the motion.
Item 22: Public Hearing to consider a zoning change, Case #S-1046, from
(LI) light industrial to (LI-SUP) light industrial special use
permit, to allow the operation of an amusement house in a
residential structure, located at 800 Thweatt Road, at the request
of Mr. Jeff Siegrist.
Planning and Zoning Coordinator Taryon Bowman and Building Official Dale
Jackson made the presentation to City Council. Also present was Jeff
Siegrist. Mayor Wolfe opened the Public Hearing and asked if anyone was
present wishing to speak either for or against this zoning change
request. As there was no one wishing to speak for or against this item,
Mayor Wolfe closed the public hearing for this item. Following
discussion by Council, Councilman Cowman moved to deny this zoeing
change request. Councilman Morton seconded the motion; motion carried
7-0 with Mayor Pro Tem Wilkerson, Councilmen Thomas, Morton, Smothermon,
Cowman, Robertson and Nelson voting in favor of the motion.
Item 23: Presentation by DART Petitioner's Committee: Discussion,
consideration of:
1) calling an election to be annexed back into the Dallas
Area Rapid Transit (DART) system;
2) continuing with the submission of si~natures by the
Petitioners' Committee per Coppell City Charter Article
6; and
3) other discussions concerning DART.
Mr. Tom Fitzgerald and Mr. James Zukauckas made the presentation to the
Council. City Manager Alan Ratliff informed Council that two (2)
additional proposals for handicapped ride service has been received.
Following discussion, the consensus of the City Council was to follow
Charter requirements concerning this initiative petition.
EXECUTIVE SESSION (Closed to the public)
ES25 A) Article 6252-17, Senate Concurrent Resolution Number 83:
1) Discussion with City Attorney concerning matter
involving privileged communication between attorney
and client.
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B) Article 6252-17, Section 2(e) Discussion with City
Attorney:
1) Discussion of the Brian MarthilJohni incident.
2) Discussion concerning pending and current
litigation.
C) Article 6252-17, Section 2(g) Discussion Concerning
Personnel:
1) Discussion concerning Capital Improvement Project
Steering Committee.
2) Discussion of employee compensation.
D) Article 6252-17, Section 2 (f) Discussion with respect to
the purchase, exchange, lease or value of real property.
I) Discussion of real estate for Texas A&M Project.
E) Recess back into open session.
Mayor Wolfe then declared the public session closed for an Executive
Session on Tuesday, October 10, 1989, at 11:04 p.m., as allowed under
the above recited articles. Mayor Wolfe adjourned the Executive Session
at 1:07 a.m. on Tuesday, October 10, 1989, and opened the public
REGULAR SESSION (Open to the public)
Item 26: Council action, as may be required, in connection with
Executive Session Items a,b,c,d and e, as set forth above.
Following further discussion, Councilman Smothermon made a motion for
the Finance Director to pay the General Homes lawsuit in accordance with
court directives. Councilman Morton seconded the motion; motion carried
7-0 with Mayor Pro Tem Wilkerson, Councilman Thomas, Morton, Smothermon,
Cowman, Robertson and Nelson voting in favor of the motion.
There being no further business to come before the Council, the meeting
was adjourned.
Mark Wolfe
Mayor
ATTEST:
Dorothy Timmons
City Secretary
MINUTES 101089
MNTS3
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