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CM 1993-10-12 MINUTES OF OCTOBER 12, 1993 The City Council of the City of Coppell met in Regular Called Session on Tuesday, October 12, 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 Stably, Councilmember Danny L. Watson, Councilmember Mitch Reitman, Councilmember Lanny Mayo, Councilmember Jim Garrison, Councilmember (late arrival) 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 adjourned into Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. A. Section 551.074, Texas Government Code - Personnel Matters 1. Discussion regarding the appointment of a City Manager B. Section 551.071, Texas Government Code - Consultation with City Attorney regarding 1. Texas Employment Commission claim by the former City Manager. 2. Pending litigation regarding Donald Edwards and Shirley Santos, parents of Chad Edwards, deceased vs. the City of Coppell 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. Discussion of GTE Franchise Agreement. B. City Attorney to brief Council regarding Open Meetings. C. Discussion of the relocation of the Old Methodist Church. D. Discussion regarding meandering sidewalks. E. Housing opportunities. F. General Discussion of agenda items. CM0101293 Page 1 of 8 REGULAR SESSION (Open to the Public) 4. Reconvene Regular Session 5. Invocation Councilmember Watson 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. Charlie Seraphin, 776 Crestview, spoke to the council regarding his concerns with Grapevine Creek and the fact that no work is being done. B. Ann McNear, 456 W. Bethel, appeared on behalf of the Friends of the Library to notify everyone of their barbecue to be held on Sunday, October 17, 1993 from 11:30 a.m. until 2:30 p.m. at Mockingbird East Middle School. Tickets will be available at the door. C. Mary Ann Higgins, 306 Lodge, addressed the Council concerning a Kid Country Workday on October 15th and 16th, 1993. The Consent agenda was considered at this time. See Item 25 for minutes. -- 8. Discussion and consideration for the City to pay for liability insurance for the Senior Citizens. Mayor Pro Tem Robertson moved to approve the payment for liability insurance for the Senior Citizens. Councilmember Reitman seconded the motion; the motion carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Weaver, Stahly, Watson, Reitman, Mayo, and Garrison voting in favor of the motion. 9. Consideration and approval of a waiver of food permit fee, but not safety regulations or inspections, for homeowners' event to be held October 24, 1993 at Andrew Brown Park and authorizing the Mayor to sign. Mayor Pro Tern Robertson moved to approve a waiver of food permit fee but not safety regulations or inspections, for homeowners' event to be held October 24, 1993 at Andrew Brown Park. Councilmember Watson seconded the motion; the motion carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Weaver, Stahly, Watson, Reitman, Mayo, and Garrison voting in favor of the motion. 10. Discussion and consideration of suggesting changes to the landscaping section of the Comprehensive Zoning Ordinance, Section 34, and more specifically related to landscaping requirements for parking lots (Section 34-1-8) and requesting the Planning Commission to call a public hearing for that purpose, at the request of Mayor Pro Tem Robertson. CM0101293 Page2 of 8 Mayor Pro Tem Robertson made a presentation to the Council and asked Council to look at the ordinance and see if it fits what was intended and if it should be focused more toward residential than commercial property. After motion which failed for lack of second, Councilmember Weaver moved to retain the current ordinance with no changes being made. Councilmember Watson seconded the motion; the motion carried 6-1 with Councilmembers Weaver, Stably, Watson, Reitman, Mayo, and Garrison voting in favor of the motion and Mayor Pro Tern Robertson voting against the motion. 11. Public Hearing: Consideration and approval of a zoning change, Case #S-1068, to allow the operation of automobile repair shop, located along the west side of Denton Tap Road, north of Wynnpage Drive, at the request of Kwik Kar Industries. 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. Sid Hollingsworth, Applicant, stated they would like to withdraw their request so they can meet with the homeowners and try to come to a compromise. Mayor Morton then asked for those persons wishing to speak in opposition of this proposal. Paul Shea, 259 Tealwood Drive, representative of the Wynnpage Homeowner's Association, addressed the Council regarding his opposition to this zoning change. Dr. Melvin Gross, 152 Cottonwood, stated his opposition to the location for this business. Mayor Morton then closed the Public Hearing. After discussion, Mayor Pro Tem Robertson moved to deny without prejudice the zoning change, Case #S-1068, to allow the operation of automobile repair shop, located along the west side of Denton Tap Road, north of Wynnpage Drive. Councilmember Garrison seconded the motion; the motion carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Weaver, Stahly, Watson, Reitman, Mayo, and Garrison voting in favor of the motion. 12. Public Hearing: Consideration and approval of a replat of Country Estates, Block A, Lots 3R and 4R, located at 472 and 476 Country Estates Lane at the request of Nathan Maier Engineers. 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 of this proposal. Again, there were none. Mayor Morton then closed the Public Hearing. Mike Daniel, representing Nathan Maier Engineers, addressed the Council. After lengthy discussion, Councilmember Weaver moved to approve the replat of Country Estates, Block A, Lots 3R and 4R, located at 472 and 476 Country Estates Lane with the following conditions: Note on the plat be changed to read "Note: The City of Coppell will have no responsibility for maintenance of the floodway areas nor liability for erosion of the same affecting Lots 3, 4 and 9 through 13 of Block A of Country Estates. The maintenance of these areas shall be the sole responsibility of the individual lot owners. These areas shall remain free of additional improvements unless approved by the City Engineer"; that the Mayor is authorized to sign and that the plat will be approved when the Applicant has submitted a corrected plat. Councilmember Reitman seconded the motion; the motion carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Weaver, Stably, Watson, Reitman, Mayo, and Garrison voting in favor of the motion. 13. Public Hearing: Consideration and approval of replat of Gateway Business Park, Lots 1 and 2, Block 2, located at the northwest corner of Freeport Parkway and Gateway Boulevard at the request of Albert Halff and Associates. CM0101293 Page3 of 8 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 of this proposal. Again, there were none. Mayor Morton then closed the Public Heating. Mayor Pro Tem Robertson moved to approve a replat of Gateway Business Park, Lots 1 and 2, Block 2, located at the northwest comer of Freeport Parkway and Gateway Boulevard. Councilmember Watson seconded the motion; the motion carded 7-0 with Mayor Pro Tern Robertson and Councilmembers Weaver, Stahly, Watson, Reitman, Mayo, and Garrison voting in favor of the motion .... 14. Public Hearing: Consideration and approval of a replat of Park West Commerce Center, located at Beltline Road at Airline Drive, at the request of Albert Halff and Associates. 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 opposition of this proposal. There were none. He then asked for those persons wishing to speak in favor of this proposal. Bill Dalton, 700 Pacific Avenue, representing the developer spoke in favor of the replat. Mayor Morton then closed the Public Hearing. Councilmember Mayo moved to approve a replat of Park West Commerce Center, located at Beltline Road at Airline Drive. Mayor Pro Tem Robertson seconded the motion; the motion carded 7-0 with Mayor Pro Tem Robertson and Councilmembers Weaver, Stahly, Watson, Reitman, Mayo, and Garrison voting in favor of the motion. 15. Public Hearing: Consideration and approval of a replat for St. Ann Catholic Church Addition, located at the northeast corner of Sandy Lake Road and Samuel Boulevard at the request of the Catholic Dioceses. 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. Jay Turner, 747 Blue Jay, requested a variance on the sidewalk issue. Father Broderick addressed the Council in favor of this replat. 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 Stahly moved to approve the replat for St. Ann Catholic Church Addition, located at the northeast comer of Sandy Lake Road and Samuel Boulevard and to delay sidewalks to be put in when the property is developed and authorize the Mayor to sign. Councilmember Mayo seconded the motion; the motion carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Weaver, Stahly, Watson, Reitman, Mayo, and Garrison voting in favor of the motion. 16. Public Hearing: Consideration and approval of a replat of Lake Park Addition, Block E, Lots 10-15 and 17-25, located west of MacArthur Boulevard, along DeForest Road and Lake Park Drive, at the request of Dowdey Anderson Engineers. Mayor Morton presented a letter to Council from the applicant requesting that this item be withdrawn. Mayor Morton also stated that Councilmember Reitman had filed a formal affidavit asserting a conflict of interest and that his abstention would not be counted as an affirmative vote. Councilmember Mayo moved to deny a replat of Lake Park Addition, Block E, Lots 10-15 and 17-25, located west of MacArthur Boulevard, along DeForest Road and Lake Park Drive. Mayor Pro Tern Robertson seconded the motion; the motion carded 6-0 with Mayor Pro Tem Robertson and Councilmembers Weaver, Stahly, Watson, Mayo, and Garrison voting in favor of the motion. CM0101293 Page 4 of 8 17. Public Hearing: Consideration and approval of a replat (3rd) of Valley Ranch Plaza, Pads B-F, located near the southwest corner of MacArthur Boulevard and Beltline Road at the request of Urban Architecture. 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 opposition of this proposal. There were none. He then asked for those persons wishing to speak in favor of this proposal. Kirk Williams, 1700 Pacific Avenue, Dallas, representing the Applicant spoke in favor of the replat. Mayor Morton then closed the Public Hearing. Mayor Pro Tem Robertson moved to approve a replat of Valley Ranch Plaza, Pads B-F, located near the southwest corner of MacArthur Boulevard and Beltline Road and authorizing the Mayor to sign. Councilmember Garrison seconded the motion; the motion carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Weaver, Stahly, Watson, Reitman, Mayo, and Garrison voting in favor of the motion. 18. Public Hearing: Consideration and approval of a zoning change from (LI) to (LI.S.U.P.), Case #S-1069, Special Use Permit request to operate a paint and body shop at Nikor Commerce Center, located at the southwest corner of Wrangler Drive and Crestside Drive at the request of Fred Shade. 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 opposition of this proposal. Greg Hawk, 314 Woodhurst, addressed the council regarding his concerns about this type of business. Mayor Morton then asked for those persons wishing to speak in favor of this proposal. Larry Eisenburg, representing the owners of the shopping center, spoke to Council regarding his support for this zoning change. Fred Shade, Applicant, addressed the Council regarding his support for this zoning change. [mace Fullenwider, 347 Harwell, stated he was neither for nor against, but has no problem with the zoning change based on the assurances he has been given by the Applicant. Mayor Morton then closed the Public Hearing. Mayor Pro Tem Robertson moved to approve a zoning change from (LI) to (LI.S.U.P.), Case #S-1069, Special Use Permit request to operate a paint and body shop at Nikor Commerce Center, located at the southwest corner of Wrangler Drive and Crestside Drive with the following conditions: 1) no outside storage of automobiles at night; 2) no working on vehicles outside; and 3) subject to site plan as submitted, and authorize the Mayor to sign. Councilman Garrison seconded the motion; the motion carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Weaver, Stahly, Watson, Reitman, Mayo, and Garrison voting in favor of the motion. 19. Public Hearing: Consideration and approval of a zoning change, Case #ZC-549 (Waters Edge, Phase II) from (C) to (SF-7), located along the north side of Sandy Lake Road, 465' west of MacArthur Boulevard at the request of Waters Edge Joint Venture. 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 opposition of this proposal. There were none. He then asked for those persons wishing to speak in favor of this proposal. Again, there were none. Mayor Morton then closed the Public Hearing. Tim House, 400 Parkview, representing Matthews Southwest and Waters Edge Joint Venture, addressed the Council explaining the proposed plans and requested approval. Mr. House also volunteered to have notice provided to the homeowners to show they are backing up to Commercial Zoned Property. Mayor Pro Tern Robertson moved to approve a zoning change, Case #ZC-549 (Waters Edge, Phase II) from (C) to (SF-7), located along the north side of Sandy Lake Road, 465' west of MacArthur Boulevard. Councilman Mayo seconded the motion; the motion carried 6-1 with Mayor Pro Tern Robertson and Councilmembers Stahly, Watson, CM0101293 Page 5 of 8 Reitman, Mayo, and Garrison voting in favor of the motion, and Councilmember Weaver voting against the motion. 20. Consideration and approval of Waters Edge, Phase II, Preliminary Plat, located along the north side of Sandy Lake Road, 465' west of MacArthur Boulevard, at the request of Waters Edge Joint Venture. Mayor Pro Tem Robertson moved to approve Waters Edge, Phase II, Preliminary Plat, located along the north side of Sandy Lake Road, 465' west of MacArthur Boulevard subject to the elimination of alleys. Councilmember Garrison seconded the motion; the motion carried 6-1 with Mayor Pro Tem Robertson and Councilmembers Stahly, Watson, Reitman, Mayo, and Garrison voting in favor of the motion, and Councilmember Weaver voting against the motion. Following a short break, Mayor Morton adjourned into Executive Session. EXECUTIVE SESSION (Closed to the Public) A. Section 551.074, Texas Government Code - Personnel Matters 1. Discussion regarding the appointment of a City Manager. Mayor Morton convened into Executive Session at 9:59 p.m. as allowed under the above-stated article. Mayor Morton adjourned the Executive Session at 10:27 p.m. and opened the Regular Session. REGULAR SESSION (Open to the Public) 21. Necessary action resulting from Executive Session. Councilmember Weaver moved to withdraw City's appeal of Texas Employment Commission claim by former City Manager. Councilmember Reitman seconded the motion; the motion carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Weaver, Stahly, Watson, Reitman, Mayo, and Garrison voting in favor of the motion. Mayor Morton then read a press release announcing that the two top candidates selected by Council for City Manager are Betty A. McKean and James Witt. 22. Interim City Manager's Report There was no Interim City Manager's Report. 23. Mayor's Report A. Councilmember Watson inquired as to the two ordinances which have been deferred until -- the October 26th meeting. 24. Liaison Reports Councilmember Weaver recognized the fine and successful Patron's Ball held by the YMCA. CM0101293 Page 6 of 8 CONSENT AGENDA 25. A. Consider approval of minutes: September 28, 1993 B. Consideration and approval of a Proclamation proclaiming "Red Ribbon Week" from October 23 through October 31, 1993, and authorizing the Mayor to sign. C. Consideration and approval of a Proclamation proclaiming October 24th through October 31, 1993 as "Carnival Week in Coppell" and authorizing the Mayor to sign, as requested by Councilmember Stahly. D. Consideration and approval of Ordinance No. 93625 authorizing the reprinting of the Code of Ordinances providing that such reprinting shall be known as the Code of Ordinances of the City of Coppell, Texas, 1993 Edition, and authorizing the Mayor to sign. E. Consideration and approval of awarding Bid No. Q-0893-02 for the purchase of office supplies for all departments as required during the year to Miller Business Systems, not to exceed $35,400.00. F. Consideration and approval of a resolution making the City Manager and the Finance Director responsible for acting for and on behalf of the City of Coppell in dealing with the Texas Department of Transportation for the purpose of certifying eligibility to receive assistance under such program and authorizing the Mayor to sign. G. Consideration and approval of an ordinance amending Subdivision Ordinance No. 341, Appendix A(I)(D)(1)(i) by amending the construction requirements for public parking lots and authorizing the Mayor to sign. H. Discussion and consideration of approval of a contract for Medical Control and Continuing Education for the Emergency Medical Services/Paramedic Program to be provided by Metrocrest Medical Services (MMS) to the City of Coppell in the total amount of $11,700.00 and authorizing the Mayor to sign. I. Discussion and consideration of allocating up to $1,000.00 to insure meandering sidewalks are constructed along the Coppell Independent School District property adjacent to Heartz Road. Items 25 B, C, and H were pulled for further consideration. Items 25 A, D, E, F, G and I -- Councilmember Garrison moved to approve Items 25 A, D carrying Ordinance No. 93625, E, F carrying Resolution No. 101293.1, G carrying Ordinance 93626 and I. Mayor Pro Tern Robertson seconded the motion; the motion carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Weaver, Stably, Watson, Reitman, Mayo, and Garrison voting in favor of the motion. CM0101293 Page 7of8 Item 25 B -- Mayor Morton read the Proclamation aloud. Neil McKinney, Chief of Police made a presentation to Council. Councilmember Mayo moved to approve Item 25 B. Councilmember Reitman seconded the motion; the motion carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Weaver, Stably, Watson, Reitman, Mayo, and Garrison voting in favor of the motion. Item 25 C Councilmember Stahly read the Proclamation aloud. Councilmember Stahly moved to approve Item 25 C. Councilmember Mayo seconded the motion; the motion carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Weaver, Stahly, Watson, Reitman, Mayo, and Garrison voting in favor of the motion. Item 25 H -- Interim City Manager Frank Trando addressed the Council concerning the two places in the contract where the reference is made to City of Coppell Fire Department. This should be changed to "The City of Coppell". Mayor Pro Tern Robertson moved to approve Item 25 H with the corrections. Councilmember Garrison seconded the motion; the motion carded 7-0 with Mayor Pro Tern Robertson and Councilmembers Weaver, Stahly, Watson, 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 CM0101293 Page 8 of 8 C, 160