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CM 1994-06-28 MINUTES OF JUNE 28, 1994 The City Council of the City of Coppell met in Regular Called Session on Tuesday, June 28, 1994, at 7:30 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 ~ Norman Alexander, Councilmember Flo McFadden Stahly, Councilmember Danny L. Watson, Councilmember Mitch Reitman, Councilmember I.anny Mayo, Councilmember Candy Sheehan, Councilmember Also present were City Manager Jim Witt, Acting City Secretary Linda Grau 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. Convene Executive Session. A. Section 551.074, Texas Government Code - Deliberation regarding personnel matters. 1. Appointment of Planning and Zoning Commission Member. 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 6:30 p.m. and opened the Regular Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Truck Parking Ordinance B. Discussion of 1/2 of one percent sales tax C. Notification of intent to prepare revised Code of Ordinances EXECUTIVE SESSION (Closed to the Public) Section 551.071, Texas Government Code - Consultation with City Attorney Mayor Morton convened into Executive Session at 7:17 p.m. as allowed under the above-stated article. Mayor Morton adjourned the Executive Session at 7:30 p.m., and opened the Regular Session. REGULAR SESSION (Open to the Public) 4. Reconvene Regular Session CM062894 Page 1 of 7 5. Invocation Councilmember Mayo led those present in the Invocation. 6. Pledge of Allegiance Mayor Morton led those present in the Pledge of Allegiance. 7. Citizens' Appearances A. Robin M. Fleck, 253 Simmons Drive, submitted a letter to Mayor Morton and the Council proposing a city-wide composting project or program similar to that of the City of Plano and Grapevine. Ms. Fleck requested that the City consider purchasing a chipper shredder so that compost materials can be made from tree limbs, shrubbery, etc. Steve Goram responded to this request stating that a request to purchase this type of equipment is being considered in 94-95 budget. CONSENT AGENDA 8. A. Approval of Minutes: June 14, 1994 B. Consideration and approval to award Bid #Q-0594-01 to include the base bid and Alternates 1 and 2 for the installation and construction of a playground at Allen Road park to Gary Pittman Construction in the amount of $29,134. -- C. Consideration and approval to authorize the City Manager to sign an easement document granting the City of Coppell access to the TU Electric sanitary sewer easement at the corner of E. Belt Line Road and Mockingbird Road where the TU Electric Generating Plant ties to the Coppell sanitary sewer system. D. Consideration and approval of resolutions authorizing and directing staff to execute necessary agreements related to grant requests to the Texas Forest Service for Small Business Administration Tree Planting grants at Town Center and Andrew Brown, Jr. Community Park, west of Denton Tap Road, respectively, and authorizing the Mayor to sign. E. Consideration and approval of a resolution amending the existing Tax Abatement Policy to provide an incremental increase in the abatement level. F. Consideration and approval of an ordinance for Case #ZC-564(CH) to change the zoning from C (Commercial) to any appropriate zoning district classification, including, but not limited to, SF-7, SF-9, SF-12, SF-18, and/or SF-ED on property generally containing approximately 5 acres and located north of WynnPage subdivision of Lone Star Gas utility line, and authorizing the Mayor to sign. G. Consideration and approval of an ordinance for Case #ZC-565(CH) to change the zoning from C (Commercial) to O (Office) on property generally containing approximately 10 acres and located at the northwest corner of Denton Tap Road and Bethel School Road, and authorizing the Mayor to sign. H. Consideration and approval of an ordinance for Case #ZC-566 to change the CM062894 Page 2 of 7 zoning from A (Agriculture) to SF-12 (Single Family-12) on property located approximately 3/10 mile east of MacArthur, along the north side of DeForest Road, and authorizing the Mayor to sign. I. Consideration and approval of an Ordinance of the City of Coppell, Texas, amending the Code of Ordinances of the City of Coppell, Texas by amending Chapter 15 by adding Article 15-11, Neighborhood Integrity Code, and authorizing the Mayor to sign. Item 8/A -- Councilmember Mayo requested to amend the minutes of June 14, 1994, deleting his name from Item 18 due to the fact that he was not in attendance at the meeting. Item 8/B -- Mayor Morton stated that this item was discussed during the Work Session and Councilmember Sheehan did bring up whether this equipment was accessible for challenged children or individuals and that staff will bring forward a change order that will meet all these requirements. Mayor Pro Tem Robertson moved to approve Items 8/A with a correction to the minutes, items 8/B, 8/C, 8/D carrying Resolution 062894.1 and 062894.1-A, 8/E carrying Resolution 062894.2, 8/F carrying Ordinance 91500-A-57, 8/G carrying Ordinance 91500-A-58, 8/H carrying Ordinance 91500-A-59, and 8/1 carrying Ordinance 94655, and authorizing the Mayor to sign.. Councilmember Mayo seconded the motion, motion carried 7-0, with Mayor Pro Tern Robertson and Councilmembers Alexander, Stahly, Watson, Reitman, Mayo, and Sheehan voting in favor of the motion. 9. Consider appointment of a member to the Planning and Zoning Commission to fill the unexpired term of Norman Alexander, whose term will expire October, 1995. Following discussion, Councilmember Mayo moved to approve the appointment of Patrick Keenan to the Planning and Zoning Commission to fill the unexpired term of Norman Alexander whose term will expire October, 1995. Councilmember Stably seconded the motion, motion was denied 3-4 with Councilmember Stably, Mayo, and Sheehan voting in favor of the motion and Mayor Pro Tem Robertson, Councilmembers Alexander, Watson, and Reitman voting against the motion. Councilmember Alexander moved to approve the appointment of Stan Lowry to the Planning and Zoning Commission to fill the unexpired term of Norman Alexander whose term will expire October, 1995. Mayor Pro Tem Robertson seconded the motion, motion carried 4-3 with Mayor Pro Tem Robertson and Councilmembers Alexander, Watson, and Reitman voting in favor of the motion and Councilmembers Stably, Mayo and Sheehan voting against the motion. 10. Review of existing City policy on water bill donations. City Manager Witt stated the budget amount hoped to be gained this year from the voluntary donation program on water bills of $14,500. This is split between four different areas - park, library, economic development and fire. City Manager Jim Witt wanted to know if Council would be receptive to changing the policy and designating, on a fiscal year basis, a particular project that donations would go toward. These would be capital improvement projects so that ---, people could see a direct result of their donated money. This program would begin at the start of the fiscal year. No action was required concerning this item. 11. Consideration and approval to waive permit fees and expenses not to exceed $375 for extra police officers for the July 4th Exchange Club Parade. CM062894 Page 3 of 7 Following discussion, Mayor Pro Tem Robertson moved to approve Resolution 062894.3, not charging local non-profit organizations for use of facilities. Councilmember Mayo seconded the motion. The motion carded 7-0 with Mayor Pro Tern Robertson, and Councilmembers Alexander, Stahly, Watson, Reitman, Mayo and Sheehan voting in favor of the motion. 12. Consideration of variance from Section 10-5-3 of the CoppeH Sign Ordinance which limits allowable areas for attached signage to one (1) sq. ft. of signage for each lineal .__ foot of building frontage. This request is made by Little Caesar Enterprises, on behalf of the Little Caesars Pizza being constructed at Riverchase Place Shopping Center to allow one attached sign totaling 35 square feet in area or a variance of 15 sq. ft. over the 20 sq. ft. allowable area. This item was postponed at the request of the applicant until the July 26 meeting. 13. Consideration and approval of a resolution of the City Council of the City of Coppell, Texas, declaring a moratorium on the issuance of building permits for a period of sixty (60) days on Tracts A1 and A2, as described in Zoning Case No. ZC- 553(CH), Riverchase, and authorizing the Mayor to sign. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. City Manager Jim Witt also addressed the Council and stated they had received a letter from the owner of the far northern portion of the tract requesting relief from the moratorium because they have some plans they would like to proceed with. Mayor Pro Tem Robertson moved to approve Resolution 062894.4 declaring a moratorium on the issuance of building permits for a period of sixty (60) days on Tracts A1 and A2, as described in Zoning Case No. ZC-553(CH), Riverchase, and authorizing the Mayor to sign. Seconded by Councilmember Reitman. Motion carried 7-0, with Mayor Pro Tem Robertson and Councilmembers Alexander, Stahly, Watson, Reitman, Mayo and Sheehan voting in favor. 14. PUBLIC HEARING: To consider approving Texas Utilities Electric Company's proposed Rider ED - Economic Development Service, Rate GC - General Service Competitive Pricing, Rate WPC - Wholesale power competitive pricing, and Rider ET - Environmental Technology Service. Mayor Morton 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. Kirk King, District Manager for TH Electric, 14400 Josey Lane, spoke in favor of the proposed rates. See Item #15 for motion and vote. '15. Consideration and approval of an Ordinance of the City of CoppeH, Texas, approving Texas Utilities Electric Company's proposed Rider ED - Economic Development Service, Rate GC - General Service Competitive pricing, Rate WPC - Whole Power competitive pricing, and Rider ET - Environmental Technology Service, and authorizing the Mayor to sign. Councilmember Reitman moved to close the Public Hearing and approve Ordinance//94656, approving Texas Utilities Electric Company's proposed Rider ED - Economic Development Service, Rate GC - General Service Competitive pricing, Rate WPC - Whole Power competitive pricing, and Rider ET - Environmental Technology Service and authorizing the Mayor to sign. Councilmember Stahly seconded the motion. The motion carded 7-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Stahly, Watson, Reitman, Mayo and Sheehan voting in favor of the motion. CM062894 Page 4 of 7 (-, -. ; Oq9 16. PUBLIC HEARING: Consideration and approval of Case #ZC-$55(CI-I) Amended, zoning change from SF-9 (Single Family-9) to SF-7 (Single Family-7) or any other more restrictive district, located at the northeast corner of Parkway Boulevard and Coppell Road, at the request of the City of CoppeH. 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 against this proposal. There were none. He then asked for those persons wishing to speak in favor of this proposal. Pat Atldns, 6330 Beltline, Garland, Texas spoke in favor of this zoning change. See Item #17 for motion and vote. 17. Consideration and approval of an ordinance for Case #ZC-555(CH) Amended, changing the zoning from SF-9 (Single Family-9) to SF-7 (Single Family-7) or any other relative district, located at the northeast corner of Parkway Boulevard and Copper Road, at the request of the City of Coppell. Mayor Pro Tem Robertson moved to dose the Public Hearing and approve Ordinance No. 91500-A-60 for Case #ZC-555(CH) Amended, changing the zoning from SF-9 (Single Family-9) to SF-7 (Single Family-7), located at the northeast corner of parkway Boulevard and Coppell Road, at the request of the City of Coppell and authorizing the Mayor to sign. Councilmember Stably seconded the motion. The motion carded 5-2, with Mayor Pro Tern Robertson and Councilmembers Alexander, Stably, Reitman and Sheehan voting in favor of the motion, and Councilmembers Watson and Mayo voting against the motion. 18. PUBLIC HEARING: (Continued from 6-14-94) Consideration and approval of a zoning change, Case #ZC-559(CH) from 2F-9, MF- 2 and LI to any appropriate zoning district classification, including, but not limited to, SF-7, SF-9, SF-12, SF-18, SF-ED, 2F-9, MF-1, and/or LI, on approximately 140 acres of land located along the west side of Coppell Road, along the north and south side of Ruby Road. Mayor Pro Tem Ron Robertson had filed a Conflict of Interest with the City Secretary on the item and withdrew from the Council at this time. 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 against this proposal. Don Moulton, NCH Corporation, addressed the City Council and commented that NCH did not agree with the Planning Commissions' recommendations and submitted a letter withdrawing their Planned Development Proposal from consideration. Mayor Morton then asked for those persons wishing to speak in favor of this proposal. Chuck Sturges, 132 Newport Drive; Rick Burlingham, 492 Halifax; Martha Jo Cozby, 412 South Coppell Road; Pat Keenan, 412 Wellington; and Barbara Bailey, 232 Plantation; spoke in favor of this proposal. Mike Cogburn, 124 Heatherglen, addressed the Council regarding a public hearing on July 18, 1994 to solicit input of all citizens regarding the Historical District located in this area. Councilmember Reitman moved to close the Public Hearing and approve Zoning Change Case #ZC-559(CH) from 2F-9, MF-2 and LI to LI on approximately 140 acres of land located along the west side of Coppell Road, along the north and south side of Ruby Road. Councilmember Mayo seconded the motion. Motion carried 6-0 with Councilmembers Alexander, Stahly, Reitman, Watson, Mayo and Sheehan voting in favor of the motion. Mayor Pro Tem Robertson returned to the Council at this time. 19. Necessary Action Resulting From Executive Session. There was no action to be taken as a result of Executive Session. CM062894 Page 5 of 7 20. City Manager's Report A. Mr. Witt re-emphasized Mr. Cogburn's earlier statement about the July 18 Historic Commission meeting. Notice is being sent out for a 7:30 p.m. meeting. B. Planning & Zoning Commission meetings will begin to be televised in August. 21. Mayor's Report There was no report from the Mayor. 22. Liaison Reports. D/FW Airport Expansion - Councilmember Stably reported that the Airport Noise Committee had met and some progress is being made. Flight track data will be available in the next couple of weeks, which will enable the City to determine who is creating the overflights. Councilmember Stahly urged the community to call about overflights. City/CISD Liaison - Councilmember Stably reported that Town Center Elementary will be ready for opening this fail. She also reported on the Central Planning Committee which is considering a bond campaign this fall, and the future of our school district. Housing Authority Task Force - Councilmember Stably reported that the Housing Authority Task Force met last week and will be meeting on a weekly basis. Senior Citizens - Councilmember Stably reported that free membership is available at the Farmers Branch Senior Center for all Coppell Seniors. YMCA - Councilmember Stably reported that the YMCA day camp has a waiting list. Over 800 children enrolled in swimming classes this summer. Twenty-seven residents offered their home pools for these lessons. Sign-ups for after-school child care will begin the middle of July. Cable Review Board - Councilmember Reitman reported he attended his first meeting of the Cable Review Board last week and was very impressed with the job being done by the Board. Finance Committee - Mayor Pro Tem Robertson and Councilmember Watson reported that a donation program was discussed during the finance meeting. He also gave the City Manager direction regarding the tax rate, and the Committee reviewed the widening of Sandy Lake Road without selling bonds this year. Coppell Historic District Commission - Councilmember Sheehan reported that the City Manager and Michael Cogburn had already reported on this commission, and thanked the Mayor for his comments on the designing of the playground for Allen Road Park and making this park accessible for persons with disabilities (Item 8/B). Mayor Tom Morton reminded those present of the parade planned for the 4th of July, sponsored by the Exchange Club. CM062894 Page 6 of 7 There being no further business to come before the City Council, the meeting was adjourned. Tom Morton, Mayor ATTEST: Linda Grau, Acting City Secretary CM062894 Page 7 of 7