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CM 1994-11-08 MINUTES OF NOVEMBER 8, 1994 The City Council of the City of Coppell met in Regular Called Session on Tuesday, November 8, 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 Tern .... Norm Alexander, Councilmember Danny Watson, Councilmember Mitch Reitman, Councilmember Lanny Mayo, Councilmember Candy Sheehan, Councilmember Council Place 2 is presently vacant at this time. Also present were City Manager Jim Witt, City Secretary Linda Grau and City Attorney Peter 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 551.071, Texas Government Code - Consultation with City Attorney. 1. Litigation, CED Construction, Inc., et al vs. The City of Coppell, et al, Open Meetings/Open Records. B. Section 551.072, Texas Government Code - Deliberation regarding real property, land acquisition, fire station, Police Department and Town Center. 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 7:30 p.m., and opened the Regular Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. CIP Park funding. B. Charter review update. C. Stream G-6/Bethel School Road Drainage Improvements. D. Discussion regarding potential gas well drilling in Coppell. Work Session was considered after second called Executive Session at 9:21 p.m. CMl10894 Page 1 of 6 REGULAR SESSION (Open to the Public) 4. Reconvene Regular Session 5. Invocation Councilmember Sheehan asked those present to pause for a moment of silence. 6. Pledge of Allegiance Mayor Morton led those present in the Pledge of Allegiance. 7. Mayor's Report A. Mayor Morton requested Councilmember Watson to serve as liaison to the Council's Committee of the Office on Aging/Senior Citizens. Consensus of Council was to appoint Councilman Watson to this position. An agenda item will be placed on the next Council agenda. B. Mayor Morton addressed a letter received from the International City Managers Association congratulating City Manager Jim Witt for ten years of service to local government. A certificate was presented to Mr. Witt in recognition for his commitment and contribution to the local government arena. C. Mayor Morton read a statement concerning the Texas Open Meetings Act and the Attorney General's opinion making it clear that a governing body cannot use the telephone system to deliberate matters that include the taking of polls concerning City business or policy. This letter is on file in the City Secretary Department. A work session will be scheduled to address this issue. D. The Mayor stated the Metrocrest Service Center has scheduled their holiday program from October 1 through December 3. They are asking for donations to the food bank and donations of toys. 8. City Manager's Report A. City Manager Jim Witt stated that Mr. David Berman with the firm of Nichols, Jackson, Dillard, Hager and Smith, L.L.P., will be City of Coppell Municipal Court prosecutor. B. Special City Council meeting will be scheduled for November 29 for the City Council to take action on items presented. 9. Citizen's Appearance A. David Laschinger, 622 Lake Park Drive, and Marsha Bright, 707 Alendale, addressed the City Council about their concerns of a new indoor arena in the Vista Ridge Mall area in Lewisville. The concerns voiced were increased traffic, trash and litter, drunk drivers, increased taxes and decreased property values. B. Neal Surbaugh, 371 Harwell Street, stated his concern about not all of the soccer fields being lit. CMl10894 Page 2 of 6 CONSENT AGENDA 10. Consideration and approval of the following consent agenda items: A. Minutes of: October 18, 1994 October 25, 1994 B. Consider approval of a Resolution calling a Special Election for January 21, 1995 to fill the vacancy of City Council member/Place 2, and authorizing the Mayor to sign. C. Consider approval of a Resolution appointing the City's Election Judge and Alternate Election Judge for the Election of Municipal Officer to Fill a Vacancy scheduled for January 21, 1995 and authorizing the Mayor to sign. D. Consideration and approval of an ordinance amending Chapter 8 of the Code of Ordinances by amending Sections 8-4-3 and 8-4-6 Regulating Truck Routes, and authorizing the Mayor to sign. E. Discussion and approval of a resolution accepting the engineer's estimate of cost for the East Beltline Road Water Line Installation project gWA 94-01, determining the necessity for an assessment of a portion of the costs against the benefitted properties, providing for notice, and public hearing to determine an assessment and approval of Notice of Proposed Improvements, and authorizing the Mayor to sign. F. Discussion and consideration of awarding Bid # Q 0994-01 East Beltline Road Water Line Project gWA 94-01 for the construction of a water line to Architectural Utilities in the amount of $133,976.54 and authorizing the Mayor to sign. G. Consideration and approval of a resolution calling for a Public Hearing on December 13, 1994 to discuss the adoption of a Roadway Capital Improvement Plan for the imposition of an Impact Fee in accordance with Chapter 395 of the Local Government Code, and authorizing the Mayor to sign. H. Consideration and approval of a resolution calling for a Public Hearing on January 10, 1995 to consider Land Use Assumption, a Capital Improvements Plan and the imposition of Impact Fees for Water and Wastewater in accordance with Chapter 395 of the Local Government Code, and authorizing the Mayor to sign. I. Consideration and approval of a proclamation naming November 15, 1994, "Texas Recycles Day", and authorizing the Mayor to sign. J. Discussion and consideration of awarding Bid # Q 1094-01 Stream G- 6/Bethel School Road Drainage Improvement Project#DR 93-06 to M. A. Vinson in the amount of $213,188.08 and authorizing the Mayor to sign. K. Consideration and approval of a contract with HDR Engineering, Inc., for engineering services associated with the design of Grapevine Creek CMl 10894 Page 3 of 6 III and IV/Bethel Road Sanitary Sewer Improvement Project#SS 94-02 in the amount of $111,000.00 and authorizing the Mayor to sign. L. Consideration and approval of a Contract between the City of Coppell and the Coppell Symphonic Band, and authorizing the Mayor to sign. M. Consideration and approval of a Contract between the City of Coppell and the Metrocrest Social Service Center, and authorizing the Mayor to sign. Consent Agenda Item 10 L was pulled for further consideration. Consent Agenda Items 10 A, B, C, D, E, F, G, H, I, J, K, M -- Mayor Pro Tem Robertson moved to approve Consent Agenda Items A; B carrying Resolution 110894.1; C carrying Resolution 110894.2; D carrying Ordinance No. 94677; E carrying Resolution 110894.3; F; G carrying Resolution 110894.4; H carrying Resolution 110894.5; I; J; K; and M, and authorizing the Mayor to sign. Councilmember Sheehan seconded the motion; the motion carded 6-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Watson, Reitman, Mayo, and Sheehan voting in favor of the motion. Consent Agenda Item 10 L -- Councilmember Watson filed a Conflict of Interest with the City Secretary and withdrew from discussion and voting on this item in accordance to the Code of Conduct. Mayor Pro Tem Robertson moved to approve Consent Agenda Item 10 L, and authorizing the Mayor to sign. Councilmember Reitman seconded the motion; the motion carried 5-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Reitman, Mayo, and Sheehan voting in favor of the motion. 11. PUBLIC HEARING: Consideration and approval of S-1085, Gloria's Pizza, zoning change from C (Commercial) to C-S.U.P. (Commercial, Special Use Permit), to allow expansion of the existing restaurant, located at the north side of Sandy Lake Road, between Kimbel Ct. and MacArthur Blvd., at the request of Gloria Salerno. 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 the proposal. Again, there were none. Councilmember Reitman moved to close the Public Hearing and approve S-1085, Gloria's Pizza, zoning change from C (Commercial) to C-S.U.P. (Commercial, Special Use Permit), to allow expansion of the existing restaurant located at the north side of Sandy Lake Road between Kimbel Court and MacArthur Boulevard at the request of Gloria Salerno. Mayor Pro Tern Robertson seconded the motion; the motion carded 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Watson, Reitman, Mayo and Sheehan voting in favor of the motion. 12. PUBLIC HEARING: Consideration and approval of River Ridge Addition, Replat, to add landscape common area#5 and drainage easement (15' wide and 1,995' long), located at the Southwest corner of Sandy Lake Road and Riverchase Drive, next to the DP & L easement, at the request of R.B.R. Properties, Inc. 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 CMl10894 Page 4 of 6 this proposal. There were none. The Mayor then asked for those persons wishing to speak in favor of this proposal. Robert B. Rollins, Applicant, 13760 Noel Road#620, Dallas, TX 75240 was present to answer questions from Council. Mayor Pro Tem Robertson moved to close the Public Hearing and approve the replat of River Ridge Addition to add landscape common area #5 and drainage easement (15' wide and 1,995' long), located at the southwest comer of Sandy Lake Road and Riverchase Drive, next to the DP & L easement, at the request of R.B.R. Properties, Inc. Councilmember Mayo seconded the motion; the motion carded 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Watson, Reitman, Mayo, and Sheehan voting in favor of the motion. . 13. PUBLIC HEARING: Consideration and approval of S-1086, Rejoice Lutheran Church, zoning change from SF-12 (Single Family -12) to SF-12- S.U.P. (Single Family-12, Special Use Permit to allow construction of a church to be located on the north side of Sandy Lake Road, approximately 600' east of Lodge Road, at the request of Halff Associates, Inc. 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. The Mayor then asked for those persons wishing to speak in favor of this proposal. Kenneth W. Hovland, Applicant, 720 Michelle Place, Pastor of Rejoice Lutheran Church, addressed the Council. Mayor Pro Tem Robertson moved to close the Public Hearing and approve S-1086, Rejoice Lutheran Church, zoning change from SF-12 (Single Family-12) to SF-12-S.U.P. (Single Family 12-S.U.P), subject to the Applicant working with homeowners on maintenance of the fence on the north side and waiving of the screening wall requirement on the western boundary of the property. Councilmember Sheehan seconded the motion; the motion carded 6-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Watson, Reitman, Mayo, and Sheehan voting in favor of the motion. 14. Consideration and approval of Rejoice Lutheran Church, Preliminary Plat, to be located on the north side of Sandy Lake Road, approximately 600' east of Lodge Road, at the request of Halff Associates, Inc. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council on Churches waiving escrow fees for road assessments. Mayor Pro Tem Robertson moved to approve Rejoice Lutheran Church, Preliminary Plat to be located on the north side of Sandy Lake Road, approximately 600' east of Lodge Road at the request of Halff and Associates and to wive the paving assessment for Sandy Lake Road. Councilmember Reitman seconded the motion; the motion carried 6-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Watson, Reitman, Mayo, and Sheehan voting in favor of the motion. EXECUTIVE SESSION (Closed to the Public) 15. Reconvene Executive Session A. Section 551.072 Deliberation regarding real property 1. Land acquisition - Sandy Lake Road B. Section 551.075 Conference with employees 2. Conference with City Employees regarding ~andy Lake Road Mayor Morton convened into Executive Session at 8:20 p.m. as allowed under the above-stated article. Mayor Morton adjourned the Executive Session at 9:21 p.m. and opened the Regular Session. CMl 10894 Page 5 of 6 REGULAR SESSION (Open to the Public) 16. Reconvene Regular Session 17. Necessary action resulting from Executive Session Councilmember Sheehan moved to ask the City Manage to pursue the option for purchase of land adjacent to Town Center. Councilmember Mayo seconded the motion; the motion carded 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Watson, Reitman, Mayo, and Sheehan voting in favor of the motion. At this time the Work Session Items were considered. 18. Liaison Reports Park Board -- Councilmember Watson announced that the Grapevine Springs Park dedication is scheduled for Friday, November 18, 1994 at 10:00 a.m. There being no further business to come before the City Council, the meeting was adjourned. Tom Morton, Mayor ATTEST: Linda Grau, City Secretary CMl10894 Page 6 of 6