CM 1993-07-13 MINUTES OF JULY 13, 1993
The City Council of the City of Coppell met in Regular Called Session on Tuesday, July 13,
1993 at 6:00 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard,
Coppell, Texas. The following members were present:
Tom Morton, Mayor
Ron Robertson, Mayor Pro Tem
Peyton Weaver, Councilmember
Flo McFadden Stahly, Councilmember
Mitch Reitman, Councilmember
I.anny Mayo, Councilmember
Jim Garrison, Councilmember
Also present were Interim City Manager Frank Trando, City Secretary Dorothy Timmons and
City Attorney Peter G. Smith.
REGULAR SESSION (Open to the Public)
1. Call to Order
Mayor Morton called the meeting to order and opened the Executive Session.
EXECUTIVE SESSION (Closed to the Public)
_ 2. 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. Briefing by Larry Jackson on Grapevine Boundary Dispute.
2. Lawsuit - Longbranch
3. Petition for disannexation by Johnny J. E. Thompson
4. Petition for disannexation by John Robinson
5. Petition for disannexation by Lattimore Materials Co.
B. Article 6252-17, Section 2(g), discussion concerning personnel and Article 6252-
17, Section 2(e), discussion with City Attorney concerning matter involving
privileged communications between attorney and client.
1. Apprise Council on former Deputy Fire Chief matter
Mayor Morton convened into Executive Session at 6:01 p.m. as allowed under the above-stated
article. Mayor Morton adjourned the Executive Session at 6:48 p.m. and opened the Work
Session.
WORK SESSION (Open to the Public)
3. Convene Work Session A. City Attorney to brief Council regarding zoning and platting
B. Freeport Goods Tax Exemption/waiving of development fees
C. City Manager Profile
D. Interlocal Agreement with Dallas County for design of Sandy Lake Road
E. Presentation regarding the Cable Franchise Agreement
F. Discussion of Agenda Items
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REGULAR SESSION (Open to the Public)
4. Reconvene Regular Session
5. Invocation
Councilmember Stably led those present in the invocation.
6. Pledge of Allegiance
Mayor Morton led those present in the Pledge of Allegiance.
7. Citizen's Appearance
A. Johnny Thompson, 1780 E. Beltline, commended Robert Hagar on a job well done.
8. Swearing-In-Ceremony of Lisa Ann Cavendar to the Cable Review Board.
Mayor Morton swore in Lisa Ann Cavendar as a member of the Cable Review Board.
9. Consideration and approval of a Proclamation naming July 19, 1993 as Coppell Rotary
Club Appreciation Day, and authorizing the Mayor to sign.
Mayor Morton made comments and read the Proclamation. Mayor Morton then recognized
Kevin Foster and all members of the Rotary Club. Councilmember Reitman moved to approve
July 19th as Coppell Rotary Club Appreciation Day. Councilman Mayo seconded the motion;
the motion carried 6-0 with Mayor Pro Tem Robertson and Councilmembers Weaver, Stably,
Reitman, Mayo, and Garrison voting in favor of the motion.
10. A. Reconsideration of authorizing the City Attorney to prepare a contract for the
City's participation in the drainage solution with the owner of the property at the
northeast corner of Moore and Sandy Lake at a "not to exceed" dollar amount to
be determined by City Council and authorizing the Mayor to sign.
Councilmember Weaver moved to reconsider authorizing the City Attorney to prepare a contract
for the City's participation in the drainage solution with the owner of the property at the
northeast corner of Moore and Sandy Lake at a "not to exceed" dollar amount to be determined
by City Council. Councilmember Mayo seconded the motion; the motion carried 6-0 with
Mayor Pro Tem Robertson and Councilmembers Weaver, Stably, Reitman, Mayo, and Garrison
voting in favor of the motion.
B. Discussion and consideration of allocating funds set aside in the Fiscal Year
1992/93 budget for drainage and roadway improvements to participate in the
drainage solution at the intersection of Moore Road and Sandy Lake Road and
authorizing the City Attorney to prepare a contract for the City's participation in
the drainage solution with the owner of the property at the northeast corner of
Moore and Sandy Lake at a "not to exceed" dollar amount to be determined by
City Council and authorizing the Mayor to sign.
Councilmember Weaver questioned Ken Griffin, City Engineer, regarding the city's portion for
drainage and roadway improvements. Mr. Griffin stated that the City's portion would be
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$130,000.00. This is approximately 50-50 share of total cost. Councilmember Weaver moved
to participate in an amount not to exceed $130,000.00 with the adjacent property owner for
improvements made on the Moore Road and Sandy Lake intersection. Mayor Pro Tem
Robertson seconded the motion; the motion carried 6-0 with Mayor Pro Tern Robertson and
Councilmembers Weaver, Stahly, Reitman, Mayo, and Garrison voting in favor of the motion.
The Consent Agenda Items 22 A, C, D, E, F, G, H, I, K, L, M and N were considered at this
time. See Item 22 for minutes.
11. Public Hearing: Consideration of approval of the annexation of 127 acres of L.B.J.
Freeway from Beltline Road to approximately Cotton Road and authorizing the Mayor
to sign.
Gary Sieb, Director of Planning and Community Services, made a presentation to the Council.
Mayor Morton opened the Public Hearing and asked for those persons wishing to speak in favor
of this proposal. There were none. He then asked for those persons wishing to speak in
opposition to this proposal. Again, there were none. Mayor Morton then closed the Public
Hearing. Mayor Morton commented that this action was initiated by Commissioner Jim
Jackson. No further action was required on this item.
At this time Mayor Morton announced that the City of Coppell has entered into a music
exchange with a group of German students. The Mayor recognized the 21 German students and
their mentor Gina Alexander and Ron Pankey. Ms. Alexander announced that there would be
a free concert at the middle school on Friday night. The director of the Art School from
Germany thanked all the families for their support. A letter was presented to the City of
Coppell from the Mayor of Ibbenbfiren and Mayor Morton presented a proclamation from Dallas
County.
12. Public Hearing: Consider approval of a replat of St. Ann Catholic Church Addition,
to allow the expansion of the original plat, located at the northeast comer of Sandy Lake
Road and Samuel Boulevard, at the request of Nathan Maier Engineering.
Gary Sieb, Director of Planning and Community Services, made a presentation to the Council.
Mr. Sieb stated that the lack of affirmative action by P & Z within 30 days has resulted in this
replat coming forward to Council. Mike Daniels, representing the Applicant, also made a
presentation. Applicant asked for a variance to postpone the construction of the sidewalk.
Councilmember Stahly stated that she is a member of St. Ann's and also on the board of the
Coppell YMCA. She also clarified for the Council that she had no conflict of interest.
Discussion was held by Council regarding the landscape issue, right-of-way issue on Sandy Lake
and sidewalk issue. Mayor Morton opened the Public Heating and asked for those persons
wishing to speak in favor of this proposal. David Baine, 721 Bethel School Road, stated he is
a founding member of St. Ann's parish and that the matter before the Council is not a rezoning
issue, but rather a redefining of the property. Father Kilian Broderick, 129 Lansdowne,
addressed the Council concerning his support of this issue. Mayor Morton then asked for those
persons wishing to speak in opposition of this proposal. There were none. Mayor Morton then
closed the Public Hearing. Mayor Morton opened Executive Session at this time.
EXECUTIVE SESSION (Closed to the Public)
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.
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Mayor Morton convened into Executive Session at 8:37 p.m. as allowed under
the above-stated article. Mayor Morton adjourned the Executive Session at 8.46
p.m. and opened the Regular Session continuing with Item 12.
REGULAR SESSION (Open to the Public)
Item 12 - (continued)
Mayor Pro Tem Robertson moved to deny without prejudice the approval of a replat of St. Ann
Catholic Church Addition, to allow the expansion of the original plat, located at the northeast
comer of Sandy Lake Road and Samuel Boulevard. Councilmember Garrison seconded the
motion; the motion carried 5-1 with Mayor Pro Tem Robertson and Councilmembers Weaver,
Reitman, Mayo, and Garrison voting in favor of the motion and Councilmember Stahly voting
against the motion.
13. Public Hearing: To consider approval of a zoning change, Case # S-1066, from (SF-9)
Single-Family-9, to (SF-9 SUP) Single-Family-9-Special Use Permit, located
approximately 1,056 from the southwest comer of MacArthur Boulevard and Samuel
Boulevard, at the request of The Church of Jesus Christ of Latter Day Saints.
Gary Sieb, Director of Planning and Community Services, made a presentation to Council
recommending approval of this item with the following conditions: 1) a deceleration lane for
entrance; 2) a 16' width exit; 3) a sign on the Church property indicating there be no U-Turn
on Lakeforest Drive and a No U-Turn sign on the south side at Lakeforest Drive; 4) entrance
and exits be marked with signs; 5) that there be 10% landscaping on the property as required
by ordinance. John Horton, architect, representing the applicant, addressed the Council. Mayor
Morton opened the Public Hearing and asked for those persons wishing to speak in favor of this
proposal. Riley Yorke, 135 Winding Hollow Lane, spoke to the Council in favor of this item
Mayor Morton then asked for those persons wishing to speak in opposition of this proposal.
There were none. Mayor Morton then closed the Public Hearing. Councilmember Mayo moved
to approve a zoning change, Case #S-1066, from (SF-9) Single-Family-9, to (SF-9-SUP) Single-
Family-9-Special Use Permit, located approximately 1,056' from the southwest comer of
MacArthur Boulevard and Samuel Boulevard, at the request of The Church of Jesus Christ of
Latter Day Saints with the five conditions set forth above. Councilmember Weaver seconded
the motion; the motion carried 6-0 with Mayor Pro Tem Robertson and Councilmembers
Weaver, Stahly, Reitman, Mayo, and Garrison voting in favor of the motion.
14. Public Hearing: To consider designation of the Minyards Foods, Inc. Tax Abatement
area as a Reinvestment Zone pursuant to Section 312.201 of the Property Redevelopment
and Tax Abatement Act. The property to be considered by Reinvestment Zone
designation is that property owned by Minyards Foods, Inc. described as Tract 1,
Abstract 1439, consisting of 62.528 acres at the southwest comer of Freeport Parkway
and Bethel Road in the City of Coppell.
Alan Johnson, Finance Director, made presentation to Council. Buddy Minyard was present to
discuss the matter with Council. Mayor Morton opened the Public Hearing and asked for those
persons wishing to speak in favor of this proposal. There were none. He then asked for those
persons wishing to speak in opposition of this proposal. Again, there were none. Mayor '
Morton then closed the Public Hearing. No further action was required on this item.
15. Consideration and approval of an ordinance designating Minyards Foods, Inc. Tax
Abatement Area as Reinvestment Zone No. 1 (TAR-i); pursuant to Section 312.201 of
the Property Redevelopment and Tax Abatement Act, said area being the property owned
by Minyards Foods, Inc., and described as Tract 1, Abstract 1439, consisting of 62.528
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acres, located at the southwest comer of Freeport Parkway and Bethel Road in the City
of Coppell.
Mayor Pro Tem Robertson moved to approve Ordinance No. 93607 designating Minyards
Foods, Inc. Tax Abatement Area as Reinvestment Zone No. 1 (TAR-l); pursuant to Section
312.201 of the Property Redevelopment and Tax Abatement Act, said area being the property
owned by Minyards Foods, Inc., and described as Tract 1, Abstract 1439, consisting of 62.528
acres, located at the southwest comer of Freeport Parkway and Bethel Road in the City of
Coppell. Councilmember Reitman seconded the motion; the motion carried 6-0 with Mayor Pro
Tem Robertson and Councilmembers Weaver, Stahly, Reitman, Mayo, and Garrison voting in
favor of the motion.
16. A. Reconsideration of action taken regarding an ordinance for Case #PD-129(R) to
change the zoning designation from (TC) to (PD-SF-9) on a parcel of land located
at the southwest comer of Parkway Boulevard and Denton Tap Road.
Mayor Pro Tem Robertson moved to reconsider the action taken regarding an ordinance for Case
#PD-129-(R) to change the zoning designation from (TC) to (PD-SF-9) on a parcel of land
located at the southwest comer of Parkway Boulevard and Denton Tap Road. Councilmember
Garrison seconded the motion; the motion carded 5-1 with Mayor Pro Tem Robertson and
Councilmembers Stahly, Reitman, and Mayo voting in favor of the motion and Councilmember
Weaver voting against the motion. Councilmember Garrison abstained which is considered as
an affirmative vote per City of Coppell Home Rule Charter, §3.11-B.
B. Discussion and consideration of approving an ordinance for Case #PD-129(R)
changing the zoning from (TC) to (PD-SF-9) on land located at the southwest
comer of Parkway Boulevard and Denton Tap Road and authorizing the Mayor
.~ to sign.
Mayor Pro Tem Robertson moved to approve Ordinance No. 91500-A-37 for Case #PD-129(R)
changing the zoning from (TC) to (PD-SF-9) on land located at the southwest comer of Parkway
Boulevard and Denton Tap Road and authorizing the Mayor to sign. Councilmember Mayo
seconded the motion; the motion carried 5-1 with Mayor Pro Tem Robertson and
Councilmembers Stahly, and Mayo voting in favor of the motion and Councilmember Weaver
voting against the motion. Councilmembers Reitman and Garrison abstained which is considered
as an affirmative vote per City of Coppell Home Rule Charter, §3.11-B.
17. Consideration and approval of Change Order #3 to the Grapevine Creek Sewer Trunk
Main, Branches I and II in the amount of $101,308.00 and authorizing the Mayor to
sign.
Ken Griffin, City Engineer, made a presentation to the council. Mayor Pro Tem Robertson
moved to approve Change Order #3 to the Grapevine Creek Sewer Track Main Branches I and
II in the amount of $101,308.00. Councilmember Mayo seconded the motion; the motion
carried 6-0 with Mayor Pro Tem Robertson and Councilmembers Weaver, Stahly, Reitman,
Mayo, and Garrison voting in favor of the motion.
The Consent Agenda Items 22 B and J were considered at this time. See Item 22 for minutes.
EXECUTIVE SESSION (Closed to the Public)
2. 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.
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1. Lawsuit - Longbranch
2. Petition for disannexation by Johnny J. E. Thompson
3. Petition for disannexation by John Robinson
4. Petition for disannexation by Lattimore Materials Co.
Mayor Morton convened into Executive Session at 9:32 p.m. as allowed under the above-stated
article. Mayor Morton adjourned the Executive Session at 10:1 1 p.m. and opened the Regular
Session.
REGULAR SESSION (Open to the Public)
The Mayor's Report was considered at this time. Please see Item 20 for minutes.
The Liaison Reports were considered at this time. Please see Item 21 for minutes.
18. Necessary action resulting from Executive Session.
No action was necessary on this item.
19. Interim City Manager's Report.
A. Interim City Manager Frank Trando commented regarding the death of Jackie White and
stated there had been some questions and comments about naming a facility after Mr.
White. Mayor Pro Tem Robertson suggested possibly a dedication plaque in a City area
such as a park. Staff was asked to look at the options and bring something back to
Council.
B. Interim City Manager Frank Trando announced that Mr. Bowman, Director of Personnel,
has been working long and hard on his MBA and took his orals last Friday and did very
well on them. Congratulations were given.
WORK SESSION (Open to the Public)
3. Convene Work Session
B. Freeport Goods Tax Exemption/waiving of development fees
REGULAR SESSION (Open to the Public)
20. Mayor's Report.
A. Mayor Morton reported that membership certificates were delivered to the City Secretary
by Friends of the Library.
B. Mayor Morton reminded the Council that there would be a special Council Meeting on --
July 20, 1993 at 6:00 p.m. wherein the Council will cover two agenda items: 1) road
assessment and 2) annexation of 1635. Mayor Pro Tem Robertson notified the Council
that he would be absent from that meeting. All other Council members indicated they
would be present.
C. Mayor Morton announced that the Texas Department of Community Affairs would hold
a hearing on July 22, 1993 at 7:00 p.m. in the Council Chambers.
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D. Mayor Morton stated that early voting will begin on July 26, 1993 for the election to fill
Place 3 on the Council.
E. Mayor Morton requested that the newspapers run the deadline dates for the Boards and
Commissions appointments.
F. Mayor Morton advised that the D/FW Airport has instituted a Mayor's Quarterly
Luncheon for the Mayors of Arlington, Colleyville, Coppell, Euless, Flower Mound,
-- Fort Worth, Grand Prairie, Grapevine, Hurst, Irving, Lewisville, Southlake, Trophy
Club and the airport as well as Bedford and Dallas.
G. Mayor Morton announced that there was one injury in this years triathalon, a broken
collar bone.
H. Mayor Pro Tem Robertson expressed concern over double frontage lots and asked
Council to address this issue rather than individual lots coming before the Board of
Adjustments. This issue was remanded to Staff to come back to Council no later than
the first meeting in August.
I. Councilman Weaver inquired as to the 25-acre tract on Sandy Lake next to the bait shop.
J. Councilman Mayo commented that gravel is being added to a lot next to the Lone Star
and asked if that could be done.
K. Councilman Mayo also commented on a political sign being removed since the election
has long passed.
21. Liaison Reports.
Negotiating Committee/Paragon Franchise Renewal - Councilman Garrison announced that the
committee had met.
Citizen's Recognition Committee- Councilman Garrison stated that the committee had met.
YMCA Liaison - Mayor Pro Tem Robertson announced that the Board voted to go into lease
negotiations with Nicor Center for the leasing of 9600 square feet. The YMCA is also looking
for land to buy.
Finance Committee - Mayor Pro Tem Robertson stated that the committee met on abatement
issues and personnel compensation and chose to defer any change in compensation policy until
a new City Manager is in place.
Park Board - Councilman Reitman attended a rather short meeting regarding ISTEA and bicycle
lanes.
Councilmember Stahly took a minute to thank Interim City Manager Frank Trando for
organizing Staff for the orientation July 1, 1993 with the Directors.
Economic & Business Development Board - Councilmember Stahly announced that the Board
.... is working on a brochure for the City of Coppell and hopes to be finished in September.
Office on Aging/Senior Citizens - Councilmember Stably advised that on September 27, 1993
the Office of Aging will hold a golf tournament. They are reporting an increase in demand for
their services.
Data Processing Committee - Councilman Weaver stated that the committee met and they are
still moving forward on computer needs.
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Libra. Board - Councilman Weaver attended a meeting of the board and the building committee
and stated they are prepared to go back to the architect with final changes.
D/FW Airport Expansion - Councilman Weaver advised that he attended the meeting and he was
very encouraged by it.
Mayor Morton advised that a letter had been prepared by the City Attorney regarding a request
from Councilmember Reitman asking for an interpretation. Mayor Morton inquired as to what
the letter was going to be used for.
CONSENT AGENDA
22. A. Consider approval of minutes: June 22, 1993
B. Consider approval of Final Plat of Fountain Park Addition, located along the
north side of Sandy Lake Road, between MacArthur Boulevard and Meadowglen
Circle, at the request of Waters Edge Joint Venture.
C. Consider approval of calling a special City Council meeting on August 17, 1993
to canvass the returns of the August 14, 1993 Election of Municipal Officer to fill
a vacancy.
D. Consider approval of calling a special City Council meeting at 6:00 p.m. on
Tuesday, July 20, 1993 for the purpose of annexing property along IH-635.
E. Consideration of approving an ordinance amending Ordinance //91510 and
appointing the City Manager or his designee and Mayor Pro Tem Robertson and
Councilmember Weaver to the Advisory Board of the Coppell Gateway Public
Improvement District and authorizing the Mayor to sign.
F. Consider approval of an Ordinance amending Ordinance #93549 and reaffirming
the adoption of the City of Coppell Employee Policy and Procedures Handbook
as amended and authorizing the Mayor to sign.
G. Consider approval of waiving all fees for permits (but not health code
requirements) pertaining to the operation of food service concessions at the 1993
City of Coppell Trade Fair on September 11, 1993, sponsored by the Coppell
Chamber of Commerce, Retail and Small Business Committee.
H. Consideration and approval of calling a Public Hearing on July 27, 1993 to
designate a reinvestment zone for a tax abatement submitted by MJ
Designs/Dupey Management.
I. Consideration and approval of an Interlocal Agreement with Dallas County for
the design of Sandy Lake Road from MacArthur Blvd. to the east city limits and
authorizing the Mayor to sign.
J. Consideration and approval of an escrow agreement between the City of Coppell
and Republic Property Group, Inc. in the amount of $3,658.66 for the future
construction of Glade Point Drive within the Eagle Point Village Subdivision and
authorizing the Mayor to sign.
K. Consideration and approval of an ordinance to change Teal Lane to Laguna
Drive, which begins at the intersection of MacArthur Blvd. and Teal Lane, and
ends at the intersection of Teal Lane and Pintail Court, and authorizing the Mayor
to sign.
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L. Consideration and approval of a Deed Without Warranty to convey land located
at the southwest corner of Andrew Brown Park, west of Denton Tap Road and
bordering Cottonwood Creek, totaling 4,454 square feet, to Centex Real Estate
Corporation and authorizing the Mayor to sign.
M. Consideration of approving a variance to the Floodplain Management Ordinance
#87930, Article 4, Section B, Item l lA which states that the Floodplain
Administrator must "assure that conditional approvals are received from FEMA
before a Floodplain Development Permit is issued" for the proposed Grapevine
Springs Park improvements adjacent to Grapevine Creek by Dallas County.
N. Consideration and approval of Recruitment Profile for the City Manager of
Coppell as submitted by Ralph Andersen & Associates.
Councilman Weaver requested to pull Items B and J for further discussion.
Mayor Pro Tern Robertson moved to approve Items 22 A, C, D, E carrying Ordinance No.
93608, F carrying Ordinance No. 93609, G, H, I, K carrying Ordinance No. 93610, L, M and
N. Councilmember Garrison seconded the motion; the motion carried 6-0 with Mayor Pro Tern
Robertson and Councilmembers Weaver, Stahly, Reitman, Mayo, and Garrison voting in favor
of the motion.
Gary Sieb, Director of Planning and Community Services, made a presentation to the Council
concerning Item 22 B. Mayor Pro Tern Robertson moved to approve the Final Plat of Fountain
Park Addition, located along the north side of Sandy Lake Road, between MacArthur Boulevard
and Meadowglen Circle, at the request of Waters Edge Joint Venture. Councilmember Garrison
seconded the motion; the motion carried 5-1 with Mayor Pro Tem Robertson and
Councilmembers Stably, Mayo, and Garrison voting in favor of the motion and Councilmember
Weaver voting against the motion. Councilmember Reitman abstained which is considered as
an affirmative vote per City of Coppell Home Rule Charter, §3.11-B.
Councilmember Weaver discussed several issues regarding Item 22 J. It was requested that
some signage be placed on the property notifying the adjacent homeowners of the planned use
for the property. Mayor Pro Tern Robertson moved to approve an escrow agreement between
the City of Coppell and Republic Property Group, Inc. in the amount of $3,658.66 for the future
construction of Glade Point Drive within the Eagle Point Village Subdivision. Councilmember
Garrison seconded the motion; the motion carded 6-0 with Mayor Pro Tem Robertson and
Councilmembers Weaver, Stahly, Reitman, Mayo, and Garrison voting in favor of the motion.
There being no further business to come before the City Council, the meeting was adjourned.
Tom Morton, Mayor
ATTEST:
Dorothy Timmons, City Secretary
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