CM 1993-03-09 MINUTES OF MARCH 9, 1993
The City Council of the City of Coppell met in Regular Called Session on Tuesday,
March 9, 1993 at 6:00 p.m. in the City Council Chambers of Town Center, 255 Parkway
Boulevard, Coppell, Texas. The following members were present:
Mark Wolfe, Mayor
Bill Smothermon Mayor Pro Tern
Peyton Weaver, Councilman
David Thomas, Councilman
Tom Morton, Councilman
Lanny Mayo, Councilman
Ron Robertson, Councilman
Councilman Garrison was absent from the meeting.
Also present were City Manager Alan D. Ratliff, City Secretary Dorothy Timmons and City
Attorney Peter G. Smith.
REGULAR SESSION (Open to the Public)
1. Call to order
Mayor Wolfe called the meeting to order. Mayor Wolfe adjourned the Regular Session and
opened the Executive Session.
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
(Items marked with (*) are not scheduled for "Regular Session" discussion or
consideration.)
A. Article 6252-17, Section 2 (e), and Senate Concurrent Resolution Number 83,
discussion with City Attorney concerning matter involving privileged
communications between attorney and client.
1. D/FW Negotiations (Item#15 )
2. Brazos Electric (Item#13 )
3. Paragon Cable (Item#8)
4. Ellison Automotive Services (#19 F)
B. Article 6252-17, Section 2 (g), discussion concerning personnel. 1.* City Manager Performance Evaluation
2.* Personnel Assignments
3.* City Attorney
Mayor Wolfe convened into Executive Session at 6:00 p.m. as allowed under the above
stated article. Mayor Wolfe adjourned the Executive Session at 7:00 p.m. and opened the
Work Session.
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WORK SESSION (Open to the Public)
3. Convene Work Session A. Sprinkler System - Round Oak Estates (Item #11 & #12)
B. Brief'mg by City Attorney
C. Discussion of Agenda Items
REGULAR SESSION (Open to the Public)
4. Reconvene Regular Session
5. Invocation
Mayor Pro Tem Smothermon led those present in the invocation.
6. Pledge of Allegiance
Mayor Wolfe led those present in the Pledge of Allegiance.
7. Consider approval of minutes: February 23, 1993
Councilman Morton moved to approve the minutes of February 23, 1993 as submitted.
Mayor Pro Tem Smothermon seconded the motion; the motion carried 6-0 with Mayor Pro
Tern Smothermon and Councilmen Weaver, Thomas, Morton, Mayo and Robertson voting
in favor of the motion.
Consent Agenda was considered at this time. See Item 19 for minutes.
8. Discussion and consideration of a request from Paragon Cable to renew their
franchise for a period of fifteen (15) years beginning on March 27, 1994 as requested
by Buz Nesbit, Vice President of Operations.
This item was withdrawn at the request of the Applicant.
9. PUBLIC HEARING: To consider approval of a zoning change request, Case
#S-1065 (Salsa Tex-Mex Restaurant), from (C) Commercial to (C-SUP) Commercial
Special Use Permit, to allow the operation of a restaurant, located at 110 W. Sandy
Lake Road (near Denton Tap Road), Suite #130, at the request of Robert Villa.
Gary Sieb, Director of Planning and Community Services, made a presentation to the
Council. Robert Villa, Applicant, also made a presentation to the Council. Mayor Wolfe
opened the Public Hearing and asked for those persons wishing to speak against this
proposal. There were none. He then asked for those persons wishing to speak in favor of
this proposal. Again, there were none. Mayor Wolfe then closed the Public Hearing.
Following discussion, Councilman Morton moved to approve a zoning change request, Case
#S-1065 (Salsa Tex-Mex Restaurant), from (C) Commercial to (C-SUP) Commercial Special
Use Permit, to allow the operation of a restaurant, located at 110 W. Sandy Lake Road
(near Denton Tap Road), Suite #130. Councilman Robertson seconded the motion; the
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motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas,
Morton, Mayo and Robertson voting in favor of the motion.
10. PUBLIC HEARING: To consider approval of a zoning change request, Case
#S-1063, (CiCi's Pizza), from (C) Commercial to (C-SUP) Commercial Special Use
Permit, to allow the operation of a restaurant, located at 700 E. Sandy Lake Road,
Suite #101, Georgetown Plaza Shopping Center, at the request of CiCi's Pizza.
Gary Sieb, Director of Planning and Community Services, made a presentation to the
Council. Mike Talleson, Applicant also made a presentation to the Council. Mayor Wolfe
opened the Public Hearing and asked for those persons wishing to speak against this
proposal. There were none. He then asked for those persons wishing to speak in favor of
this proposal. Again, there were none. Mayor Wolfe then closed the Public Hearing.
Following discussion, Councilman Robertson moved to approve a zoning change request,
Case #S-1063, (CiCi's Pizza), from (C) Commercial to (C-SUP) Commercial Special Use
Permit, to allow the operation of a restaurant, located at 700 E. Sandy Lake Road, Suite
#101, Georgetown Plaza Shopping Center with signage to meet all requirements of sign
ordinance.. Mayor Pro Tem Smothermon seconded the motion; the motion carried 6-0 with
Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Mayo and
Robertson voting in favor of the motion.
11. PUBLIC HEARING: To consider approval of a zoning change, Case #ZC-545(A)
- (Round Oak Estates), from (SF-12) Single-Family-12 and (MF-2)Multi-Family-2,
to (SF-9) Single-Family-9 and (SF-7) Single-Family-7, located north of Bethel School
Road, along the west side of Harris Road, at the request of Matthews Southwest.
Gary Sieb, Director of Planning and Community Services, made a presentation to the
Council and stated that if Staff were to approve this item, there would be four conditions
(1) that the turnaround at Kaye Street dead end be acceptable to the Fire Department; (2)
that the existing dedication would have to be abandoned; (3) that the houses be sprinklered;
and (4) that the Applicant would plan the subdivision so as to avoid drainage problems.
Tim House, Applicant, also made a presentation to the Council and stated that all houses
will be a minimum of 1,800 square feet. Mayor Wolfe opened the Public Hearing and
asked for those persons wishing to speak against this proposal. There were none. He then
asked for those persons wishing to speak in favor of this proposal. Again, there were none.
Mayor Wolfe then closed the Public Hearing. Following discussion, Councilman Robertson
moved to approve zoning change, Case #ZC-545(A) - (Round Oak Estates), from (SF-12)
Single-Family-12 and (MF-2) Multi-Family-2, to (SF-9) Single-Family-9, located north of
Bethel School Road, along the west side of Harris Road, excluding that all houses of
Round Oak Estates be required to be sprinklered, but keeping the first condition that the
cul-de-sac be approved by the Fire Department as requested. Councilman Morton seconded
the motion; the motion carried 4-2 with Mayor Pro Tem Smothermon and Councilmen
Thomas, Morton, and Robertson voting in favor of the motion and Councilmen Weaver and
Mayo voting against the motion.
12. Consider approval of a preliminary plat of Round Oak Estates, located
approximately 450' north of Bethel School Road, along the west side of Harris Road,
at the request of Matthews Southwest.
Gary Sieb, Director of Planning and Community Services, made a presentation to the
Council stating the conditions that were placed on this item by the Planning and Zoning
Commission. (1) no alley requirement; (2) cul-de-sac length exceeding 600 feet; (3)
allowance for less than standard minimum street centerline radius and (4) drainage,
sanitary sewer, water access, turn-around design, etc. all meet City guidelines. Following
discussion, Councilman Robertson moved to approve a preliminary plat of Round Oak
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Estates, located approximately 450' north of Bethel School Road, along the west side of
Harris Road with the following conditions (1) no alley requirement; (2) cul-de-sac length
exceeding 600 feet; (3) allowance for less than standard minimum street centerline radius
and (4) drainage, sanitary sewer, water access, turn-around design, etc. all meet City
guidelines. Councilman Morton seconded the motion; the motion carried 4-2 with Mayor
Pro Tem Smothermon and Councilmen Thomas, Morton, and Robertson voting in favor
of the motion and Councilman Weaver and Mayo voting against the motion.
13. Discussion and consideration of Brazos Electric's request to reconsider denial of
zoning Case #S-1041 (A), for an amendment to an SUP site plan for an electrical
substation, located at the northwest corner of Thweatt Road, Sandy Lake Road and
Coppell Road.
Councilman Morton moved to reconsider denial of zoning Case #S-1041 (A). Councilman
Robertson seconded the motion; the motion carried 6-0 with Mayor Pro Tem Smothermon
and Councilmen Weaver, Thomas, Morton, Mayo, and Robertson voting in favor of the
motion. Philip Segrest, Attorney for Brazos Electric, made a presentation to the Council.
Al Petter with Brazos Electric also made a presentation to the Council. Brazos Electric and
TU Electric have agreed that they will pay the paving assessment and also relocate the
wooden pole that runs from the CoppeH substation down Sandy Lake Road at the time of
the widening of Sandy Lake Road. Kirk King, TU Electric District Manger, addressed the
council. Mr. King stated that relocation of the pole would preferably be in the median.
Mr. Segrest stated that one possibility would be to remove that issue from this SUP, Brazos
Electric and TU would be willing to pay the paving assessment and not have that as part
of this SUP. Councilman Weaver moved to table this issue until such time as Staff and
City Attorney have a chance to work with the Applicants on a resolution of the issues and
understandings. Councilman Thomas seconded the motion; the motion tied 3-3 with
Councilmen Weaver, Thomas and Mayo voting in favor of the motion and Mayor Pro Tem
Smothermon and Councilmen Morton and Robertson voting against of the motion. Mayor
Wolfe cast his vote against the motion, resulting in the motion being denied 3-4.
Councilman Robertson moved to approve the request for Brazos Electric's zoning Case
#S-1041 (A) for an amendment to an SUP site plan for an electrical substation, located at
the northwest corner of Thweatt Road, Sandy Lake Road and Coppell Road and request
that Staff, Applicant and City Attorney meet to work out any concerns. Councilman
Morton seconded the motion; the motion tied 3-3 with Mayor Pro Tem Smothermon and
Councilmen Morton and Robertson voting in favor of the motion and Councilmen Weaver,
Thomas and Mayo voting against the motion. Mayor Wolfe cast his vote in favor of the
motion, resulting in the motion being carried 4-3.
14. A. Consider a request from Morris Salerno that the City Council reconsider a
sign variance for Gibb's Station Restaurant.
B. Consideration of a request for variance to Sections 10-5-3(A) and 10-5-3(B3)
of the Sign Ordinance which concerns allowable areas for attached signs.
This variance is being requested by Mr. Morris Salerno, Jr. for the Salerno
Gibbs Station Restaurant at 125 Kimbel Court.
Councilman Thomas moved to reconsider a sign variance for Gibb's Station Restaurant.
Mayor Pro Tem Smothermon seconded the motion; the motion carried 6-0 with Mayor Pro
Tem Smothermon and Councilmen Weaver, Thomas, Morton, Mayo and Robertson voting
in favor of the motion. Greg Jones, Chief Building Official, made a presentation to the
Council. Morris Salerno, Applicant, also made a presentation to Council. Mr. Salerno
stated that ali signs on the front of the building and the sign on the rear of the building
stating "Restaurant" would be removed. Councilman Robertson moved to approve the
variance of Section 10-5-3(A) and 10-5-3(B3) of the Sign Ordinance as requested by Mr.
Morris Salerno, Jr. with the condition that the signs stated would be removed and that all
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permits and citations are paid prior to final inspection. Mayor Pro Tem Smothermon
seconded the motion; the motion carried 4-2 with Mayor Pro Tem Smothermon and
Councilmen Thomas, Morton and Robertson voting in favor of the motion and
Councilmen Weaver and Mayo voting against the motion.
15. Presentation of D/FW Airport expansion plans and legislative efforts.
Mayor Wolfe made comments regarding the City Council Meeting of March 4, 1993
regarding the airport expansion. Charles Cross, 100 Cross Bend Court, Irving, Texas,
made a presentation to the Council regarding the development of a MUD. Councilman
Weaver also made comments regarding the recent public hearing and asked for comments
and thoughts from Council Members who are not a part of the special study committee.
Some of the concerns discussed were (1) noise from overflights; (2) run-up noise; (3) work
with the City Manager to identify a staff person to work with special study committee.
Councilman Mayo commented regarding the planes not turning before the outer marker.
Mayor Wolfe stated that there was a need for staff support on the airport issue.
Councilman Morton commented how much closer the planes are flying to the Runway Use
Plan since our meeting. No action was required on this item.
16. Citizen's Appearance
A. Kent Moore, 436 Dillard, spoke regarding the Arts Board and requested to have
that item placed on the agenda. Mr. Moore stated that federal and state grant
money was available and also indicated that a portion of the half cent sales tax could
be budgeted for this purpose.
B. Don Duncan, 489 Sandy Knoll, addressed the Council regarding the airport issue
and indicated that he was a pilot for American and could possibly answer some ~,
questions concerning this issue.
17. Mayor's Report
A. Councilman Robertson reported that the YMCA had received 197% of its projected
goal for the sustaining drive.
B. Alan D. Ratliff, City Manager, stated that on March 11, 1993 at 7:00 p.m. the
Coppell Fire Department amateur radio operators would sponsor a Skywarn Class
in the City Hall.
C. Councilman Morton stated that two bills have been introduced to the legislature that
would affect the City. Both bills are concerning locks in apartment and rental units.
Another bill pertains to the vacating of any building found to be in violation of a fire
or building code.
18. Liaison Reports
Park Board -- Councilman Mayo reported the Board met on March 1, 1993 with the
presidents of the different sports groups being in attendance. The sentiment was expressed
that there needs to be more lighted fields in Coppell.
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CONSENT AGENDA
19. A. Consider approval of a Resolution adopting an order calling an Election for
Municipal Officers to be held Saturday, May 1, 1993 and authorizing the
Mayor to sign.
B. Consider adoption of a Resolution appointing Election Judge Jeanne Heath
and Alternate Judge Martha Jo Cozby for the Municipal Officer's Election
to be held Saturday, May 1, 1993.
C. To consider approval of an ordinance for Case #PD-124, to change the zoning
designation from (MF-1) Multi-Family-1 and (MF-2) Multi-Family-2, to (PD-
SF-7) Planned Development Single-Family-7, on a parcel of land located at
the southeast corner of Coppell Road and Parkway Boulevard, at the request
of Jim Sowell Construction Company, and authorizing the Mayor to sign.
D. Consideration and approval to reject and/or accept bids for Bid No.
Q-0193-07 for furniture in the total amount of $9,115.92 as follows:
1. Reject all bids received for Desks and Credenzas Item//4.
2. Reject all bids received for Miscellaneous Furniture//8.
3. Award the following items to S.E.S. Contract Furniture for a total
amount of $8,538.16:
Chairs Items #1,#2,#3,#4, #5 and #6 in the amount of $4,363.28:
Desks and Credenzas Items #1, #2, #5 and #6 in the amount of
$1,225.68; and
Miscellaneous Furniture Items #1, #3,#4,#5,#6,#9,#10 and#11 in the
amount of $2,949.20.
4. Award Desks and Credenzas Item #3 in the amount of $195.00 to
Miller Business System.
5. Award Miscellaneous Furniture Item#2 in the amount or $214.67 to
Business Interiors.
6. Award Miscellaneous Furniture Item #7 in the amount of $168.09 to
Texas Furniture Source.
E. Consideration and approval of awarding Bid No. Q-1093-03 for fire
department protective clothing not to exceed $13,750.00:
1. Award Item#1 in the unit price amount of $399.79, Option 1 not to
exceed the unit price of $22.68 and Option 2 not to exceed $1.25 each
letter;
Award Item#2 in the unit price amount of $285.41; and
Award Item #3 in the unit price amount of $72.00 to Firestorm
2. Award Item #4 in the unit price amount of $7.75 to Vallen Safety
Supply
3.Award Item #5 in the unit price amount of $22.00; and
Award Item#6 in the unit price amount of 13.65 to Halprin Supply.
F. Consideration of a settlement in the case of Ellison v. the City of Lewisville
v. the City of Coppell, et al.
Mayor Pro Tem Smothermon moved to approve Item 19 A carrying Resolution No.
030993.1; 19 B carrying Resolution No. 030993.2; 19 C carrying Ordinance No.
91500-A-27; 19 D; 19 E and 19 F as read. Councilman Morton seconded the motion; the
motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas,
Morton, Mayo and Robertson voting in favor of the motion.
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EXECUTIVE SESSION (Closed to the Public)
20. A. Article 6252-17, Section 2 (e), and Senate Concurrent Resolution Number 83,
discussion with City Attorney concerning matter involving privileged
communications between attorney and client.
1.* Longbranch
Mayor Wolfe convened into Executive Session at 9:47 p.m. as allowed under the above-
stated article. Mayor Wolfe adjourned the Executive Session at 10:35 p.m. and opened the
Regular Session.
21. Reconvene Regular Session
There being no further business to come before the City Council, the meeting was
adjourned.
Mark Wolfe , Mayor
ATTEST:
Dorothy Timmons, City Secretary
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