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CM 1995-01-10 MINUTES OF JANUARY 10, 1995 The City Council of the City of Coppell met in Regular Called Session on Tuesday, January 10, 1995 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 Norm Alexander, Councilmember Danny L. Watson, Councilmember Mitch Reitman, Councilmember Candy Sheehan, Councilmember Councilmember Mayo was absent from the meeting. Also present were City Manager Jim Witt, 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. Mayor Pro Tem Robertson moved to excuse Councilmember Mayo from the meeting. Councilmember Reitman seconded the motion; the motion carded 5-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Watson, Reitman, and Sheehan voting in favor of the motion. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Richard Lee Terry vs. City of Coppell 2. Parks of Coppell Joint Venture Agreement 3. Open Records Act B. Section 551.072, Texas Government Code - Deliberation regarding real property. 1. Land Acquisition a. Fire Station b. Park Land c. Town Center CM011095 Page 1 of 11 ,.,,,00 i Mayor Morton announced that Item 2(A)(3) had been pulled from the Executive Session agenda on advice of counsel. Mayor Morton convened into Executive Session at 6:13 p.m. as allowed under the above-stated article. Mayor Morton adjourned the Executive Session at 7:19 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding the connection of Freeport Parkway and Parkway Blvd. to S.H. 121. B. Discussion of agenda items. REGULAR SESSION (Open to the Public) 4. Reconvene Regular Session. 5. Invocation. Councilmember Alexander asked that everyone bow their heads for a moment of silence. 6. Pledge of Allegiance. Mayor Morton led those present in the Pledge of Allegiance. 7. Citizen's Appearances. There were no citizens signed up to speak under this item. CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Minutes: December 13, 1994 December 27, 1994 CM011095 Page 2 of 11 _ B. Consider approval of the two remaining appointees, Tom Deaton and Sherry Booty, to the City of Coppell Home Rule Charter Review Commission. C. Consideration and approval of entering into a contract with Sverdrup Civil, Inc. in the amount of $39,774.07 for the design of various items associated with Sandy Lake Road from MacArthur Blvd. to east City Limits (Project # ST 93-01) that are the City's responsibility and authorizing the Mayor to sign. D. Consideration and approval of an ordinance abandoning a utility easement along the side of Lot 20, Block H Pecan Hollow Addition (302 Pecan Hollow Drive) and authorizing the Mayor to sign. E. Consideration and approval of entering into a contract with Weir and Associates, Inc. in the amount of $240,000 for the design of Denton Tap Road from Cottonwood Creek to the north City Limits and the design of a 16" water line as shown on the City of Coppell Master Plan (Project #ST 94-01) and authorizing the Mayor to sign. _ F. Consideration and approval of an ordinance to abandon portions of various utility easements located within the Creekview Subdivision, and authorizing the Mayor to sign. G. Consideration and approval of an Interlocal Agreement with Dallas County for the redesign of Sandy Lake Road to accommodate hike and bike trails and authorizing the Mayor to sign. H. Consideration and approval of a resolution amending Section 4 of Resolution #110894.3, 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 for East Beltline water line extension (Project #WA94-01), and authorizing the Mayor to sign. I. Consideration and approval of an Ordinance for ZC-$68, Old Coppell Estates, to change the zoning from R (Retail) to SF-9 (Single Family-9), to allow the development of a single family residential subdivision to be located at the north side of Bethel Road, west of Denton Tap Road, CM011095 Page 3 of 11 between the abandoned Bethel School Road and Coppell Road, and authorizing the Mayor to sign. J. Consideration and approval of an Ordinance for S-1087, to change the zoning from LI (Light Industrial) to LI-S.U.P. (Light Industrial, Special Use Permi0 to allow the operation of an oil change facility, with special conditions for property located at the southwest corner of MacArthur Boulevard and Beltline Road, and authorizing the Mayor to sign. K. Consideration and approval of an ordinance amending Chapter 15 of the Code of Ordinances of the City of Coppell by amending Section 15-5-1 to require automatic fire sprinklers in all future multi-family dwellings, to add interior fire standpipes to future commercial occupancies with floor area exceeding 20,000 square feet for floor, and to give the Fire Chief the option of relocating fire lanes outside of potential building collapse zones and authorizing the Mayor to sign. L. Consideration and approval of Rejoice Lutheran Church, Final Plat to allow the construction of a church on 3.920 acres of property located on the north side of Sandy Lake Road, 600 feet east of Lodge Road, at the request of Halff Associates, Inc. M. Consideration and approval of a contract, awarding Bid #Q-II91-01 Shadow Ridge/Devonshire Drainage Improvement Project gI)R 94-01, to Humphrey & Morton in the amount of $76,573.20, and authorizing the Mayor to sign. N. Consideration and approval to award the bid for four (4) new Police vehicles to Arendale Ford Sales, Inc., in the amount of $63,504.00. O. Consideration and approval to purchase computer financial software to replace the USTI software currently running on the System-36 with New World Systems Financial package software in an amount not to exceed $150,000.00 as recommended by LeBlanc & Associates consulting firm. The software includes Utility Billing, Tax Collection, Budgeting, Accounts Payable & Receivable, Purchasing, Payroll and Human Resources. This amount also included on-site training and conversion of our existing data. CM011095 Page 4 of 11 P. Consideration and approval of a resolution directing publication of notice of intention to issue Certificates of Obligation, Series 1995, for Public Safety and building improvements, in the amount of $4,700,000, and authorizing the Mayor to sign. Q. Consideration and approval of a resolution directing publication of notice of intention to issue City of Coppell, Texas Waterworks and Sewer System Revenue Bonds, Series 1995, in the amount of $6,900,000, and authorizing the Mayor to sign. R. Consideration and acceptance of the Comprehensive Annual Financial Report for the fiscal year ended September 30, 1994. Item 8 M was pulled for further consideration. Items 8 A, B, C, D, E, F, G, H, I, J, K, L, N, O, P, Q and R -- Mayor Pro Tem Robertson moved to approve Items 8 A, B, C, D carrying Ordinance No. 95682, E, F carrying Ordinance No. 95683, G, H carrying Resolution No. 011095.1, I carrying Ordinance No.- 91500-A-77, J carrying Ordinance No. 91500-A-78, K carrying Ordinance No. 95684, L, N, O, P carrying Resolution No. 011095.2, Q carrying -- Resolution No. 011095.3 and R. Councilmember Sheehan seconded the motion; the motion carried 5-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Watson, Reitman, and Sheehan voting in favor of the motion. Item M -- Councilmember Alexander moved to reject Item 8M. Councilmember Sheehan seconded the motion; the motion carried 5-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Watson, Reitman, and Sheehan voting in favor of the motion. Staff was given direction to pursue proposals on alternate materials and re-bid. 9. Swearing-in of members to the City's new Conduct Review Board and Special Counsel. Mayor Morton swore in Jo Ann Harris Hill, Brian E. Shelby and Fred M. Wehrli as members of the Conduct Review Board. Mayor Morton swore in Scott Braugh, Hilda Galvan, Kenneth Hill and Alan Hostetter as Special Counsel. CM011095 Page 5 of 11 10. PUBLIC HEARING: (Continuation) Consideration and approval of S-1088, Wendy's Restaurant, zoning change from TC (Town Center) to TC-S.U.P. (Town Center, Special Use Permit) to allow the operation of a drive-through restaurant, located on the east side of Denton Tap Road, approximately 390' north of Sandy Lake Road, at the request of Dowdey Anderson & Associates, Inc. Mayor Morton announced that the Applicant had requested a continuation of this Public Hearing until the January 24, 1995 Council Meeting. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Morton asked if anyone present would like to speak on the case. Mike Sechrist, 130 Tennyson Place; Tim Bienek, 108 Dickens; Alan Nawoj, 137 Dickens; Jim McCown, 109 Dickens; and Hank Edmiston, 116 Dickens spoke in opposition to this proposal. Mike Sechrist, President of Chaucer Estates Homeowner's Association, was asked to contact the City Manager to set up a meeting. Mayor Pro Tem Robertson moved to continue the Public Hearing until the January 24, 1995 Council Meeting. Councilmember Alexander seconded the motion; the motion carried 5-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Watson, Reitman, and Sheehan voting in favor of the motion. 11. PUBLIC HEARING: Consideration and approval of an ordinance amending Section 41-1, Subsection 2, of the Comprehensive Zoning Ordinance of the City of Coppell, Texas, to delete the requirement that at least one member of the Board of Adjustment must also be a member of the Planning and Zoning Commission. 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. Again, there were none. Mayor Pro Tem Robertson moved to close the Public Hearing for Item 11 and approve Item 12 adopting Ordinance No. 9!5~ru0 A 72 91500-A-79 amending Section 41-1, Subsection 2, of the Comprehensive Zoning Ordinance of the City of Coppell, Texas, deleting the requirement that at least one member of the Board of Adjustment must also be a member of the Planning and Zoning Commission; providing a repealing clause; providing a severability clause; providing an effective date, and authorizing the Mayor to sign. Councilmember Reitman seconded the motion; the motion carded 5-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Watson, Reitman, and Sheehan voting in favor of the motion. 12. Consideration and approval of an ordinance amending Section 41-1, Subsection 2, of the Comprehensive Zoning Ordinance of the City of Coppell, CM011095 Page 6 of 11 Texas, deleting the requirement that at least one member of the Board of Adjustment must also be a member of the Planning and Zoning Commission, and authorizing the Mayor to sign. This item was considered under Item 11. See Item 11 for minutes. 13. PUBLIC HEARING: Presentation of information regarding Sandy Lake Road expansion and the impact of the TU Electric power line modifications. Jim Witt, City Manager, made a presentation and presented Ken Griffin, Assistant City Manager/Director of Public Works. Mr. Griffin discussed options of location of TU power lines as being: (1) purchase 35 acres of right of way for approximately $8,000,000; (2) bury the lines for approximate cost of $15,000,000; or (3) install power poles in median of Sandy Lake Road at no cost to the City. Mayor Morton opened the Public Hearing and asked for those persons wishing to speak regarding this proposal. Dorothy Creed, 237 E. Bethel Road; Pat Moriarty, 156 Meadowglen Circle; Cecil Dobecka, 309 E. Sandy Lake Road; Joe Chairez, 944 Pintail Court; Edward M. Yoldey, 328 Park Valley Drive; Pat Keenan, 412 Wellington; Mark Anderson, 105 Portside; Stephen Glick, 104 Cascade Way; Gayle Bridgeman, 128 Sand Point Court; Jim Ferguson, 100 Raven Lane; Mike Sechrist, 130 Tennyson; and Doug Roberts, 108 Sand Point Court addressed the Council. At this point the Mayor called for a 10-minute recess, after which time the Council resumed hearing the following citizens: Steve Bloom, 110 Courtside; Tim Bienek, 108 Dickens; Richard Kulach, 106 Allencrest Lane; and Jim McCown, 109 Dickens. Council took a 2-minute recess due to an emergency exit by Councilmember Reitman and thereafter resumed with hearing the following citizens: DuWayne Willett, 701 Post Oak Drive; Hank Edmiston, 116 Dickens Drive; Fritz Barowsky, 844 Sugarberry Drive; Gary Daniels, 911 Rolling Brook; Pam Nikotera, 583 Oakbend. Kirk King, District Manager of TU Electric, addressed the Council regarding this issue. Following a question and answer period, Mayor Morton closed the Public Hearing and no further action was taken on this item. 14. Consideration of City response to TU Electric power line proposal on Sandy Lake Road. Councilmember Watson moved to authorize the City Manager to prepare any formal opposition necessary to oppose any upgrades to the TU Electric power lines along Sandy Lake Road. Councilmember Reitman seconded the motion; the motion carded 5-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Watson, Reitman, and Sheehan voting in favor of the motion. A 5-minute recess was held at this time. CM011095 Page 7 ofll C.,6, 007 15. Consideration and approval of an ordinance revising the City of Coppell Thoroughfare Plan to designate Sandy Lake Road as a four-lane divided boulevard (C4D) from Denton Tap Road to MacArthur Blvd. and authorize the Mayor to sign. Ken Griffin, Assistant City Manager/Director of Public Works, addressed concerns of where Sandy Lake Road will be situated. No action was taken on this item pending negotiations with the Public Utilities Commission and TU Electric. 16. PUBLIC HEARING: To consider the amendment of Land Use Assumptions, the Capital Improvement Plan for Water and Wastewater Facilities, and to consider the imposition of Water and Sanitary Sewer Impact Fees; and consider the adoption of a Capital Improvements Plan for and the imposition of impact fees for Roadway Facilities. Ken Griffin, Assistant City Manager/Director of Public Works, 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. Again, there were none. Mayor Pro Tem Robertson moved to close the Public Hearing and approve Item 16 and Ordinance No. 95685 amending Chapter 17 of the Code of Ordinances, adopting a Roadway Impact Fee and amending the Water and Sanitary Sewer Impact Fee, and authorizing the Mayor to sign. Councilmember Reitman seconded the motion; the motion carried 5-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Watson, Reitman, and Sheehan voting in favor of the motion. 17. Discussion and consideration of approval of an ordinance amending Chapter 17 of the Code of Ordinances, adopting a Roadway Impact Fee and amending the Water and Sanitary Sewer Impact Fee, and authorizing the Mayor to sign. This item was considered under Item 16. See Item 16 for minutes. 18. Consideration and approval to award Bid Q-1194-04 for Cleaning and Related Services to American Housekeeping, Inc. in the amount of $34,619.52 for all City facilities to include the new Library with services commencing February 1, 1995. Mayor Pro Tem Robertson moved to approve Bid Q-1194-94 for Cleaning and Related Services to American Housekeeping, Inc. in the amount of $34,619.52 for all City facilities to include the new Library with services commencing February 1, 1995. Councilmember Reitman CM011095 Page 8 of 11 seconded the motion; the motion carried 5-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Watson, Reitman, and Sheehan voting in favor of the motion. 19. Consideration and approval of The Enclaves on the Parkway, Preliminary Plat, to allow the development of 21 single family lots on 5.843 acres of property located on the south side of Parkway Boulevard, east of the Parks of Coppell and west of the Parkview Addition (across from Kid Country), at the request of Dowdey, Anderson & Associates, Inc. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Pro Tem Robertson moved to approve The Enclaves on the Parkway, Preliminary Plat, to allow the development of 21 single family lots on 5.843 acres of property located on the south side of Parkway Boulevard, east of the Parks of Coppell and west of the Parkview Addition (across from Kid Country), with the following conditions: 1) care needs to be taken to insure the Homeowners Association Agreement clearly spells out the obligations of the homeowners, such agreement needs to be submitted to the City for review; 2) the property currently under ownership of the TRC would need to be transferred to the Wilbow Corp. group prior to any agreement being struck between the developer and the City regarding maintenance, ownership, or improvement to the canal area; 3) there needs to be landscaping and access easement between Lots 15 and 16; and 4) costs associated with City/Developer participation needs resolution; and the City Manager is instructed to negotiate an agreement with the Enclaves on the Parkway and return that agreement when the Council considers the final plat. Councilmember Alexander seconded the motion; the motion carded 5-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Watson, Reitman, and Sheehan voting in favor of the motion. 20. Consideration and approval of Primrose School of Coppell, Preliminary Plat, Lot 1, Block 1, to allow the operation of a day care center on 2.814 acres of property located at the southwest corner of Parkway Boulevard and Heartz Road, just east of City Hall, at the request of Dowdey Anderson & Associates, Inc. Gary Sieb, Director of Planning and Community Services made a presentation to the Council. Mayor Pro Tem Robertson moved to approve Primrose School of Coppell, Preliminary Plat, Lot 1, Block 1, to allow the operation of a day care center on 2.814 acres of property located at the southwest corner of Parkway Boulevard and Heartz Road, just east of City Hall with the following conditions: 1) the maximum signage is 75 square feet; 2) lot 1 needs to show a 30' future right-of-way for the "ring road"; 3) landscape and irrigation plans shall follow streetscape guidelines; 4) utility easements need to be provided; 5) a decorative metal fence will be on the east, south and west side of the property; 6) the western playground needs to be moved back 3 feet to the east; 7) landscaping needs to be provided along the west side yard; 8) the building CM011095 Page 9 ofll design needs approval of the Town Center S.U.P and would require Architectural Review approval. Councilmember Sheehan seconded the motion; the motion carded 5-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Watson, Reitman, and Sheehan voting in favor of the motion. Jim Witt, City Manager, briefly discussed the platting process. 21. Consideration and approval of Gulf United Industries Addition, Preliminary Plat, to allow the construction of a Gulf Bearing, Inc., facility on 11.2 acres of property located at the northwest corner of Royal Lane and Bethel Road, at the request of Gromatzky, Dupree and Associates. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Kathy Raybuse and Russ Ramsey, Applicants, addressed the Council. Mayor Pro Tern Robertson moved to approve Gulf United Industries Addition, Preliminary Plat, to allow the construction of a Gulf Bearing, Inc., facility on 11.2 acres of property located at the northwest coruer of Royal Lane and Bethel Road with the following conditions: 1) typical utility easements will be needed; 2) landscape plans will require seals and quantity breakdown; 3) a fire lane will be required through the south parking lot; 4) the building will be sprinklered; 5) typical fire hydrant locations must be met; 6) landscaped setbacks (10 feet) with 3' high screening is required along the west property line where parking is shown; 7) common driveway easement, drainage system/easement, and additional 5' easement along Royal Lane need to be shown on the face of the Plat; 8) escrow will be required for Bethel Road; 9) installation of the sidewalks is waived until deemed necessary by the City Engineer; and 10) no screening wall will be required. Councilmember Alexander seconded the motion; the motion carried 5-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Watson, Reitman, and Sheehan voting in favor of the motion 22. Necessary action resulting from Executive Session. Councilmember Reitman moved to authorize the City Manager to enter into a purchase option for the property on MacArthur Boulevard from a public property for parks and public safety usage. Councilmember Watson seconded the motion; the motion carried 5-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Watson, Reitman, and Sheehan voting in favor of the motion. 23. City Manager's Report. There was no report under this item. CM011095 Page 10 of 11 24. Mayor's Report. A. Wellington Place. Mayor Morton informed Council that the Catholic Charities wished to purchase the Wellington Place property and had asked for the Council's support. Council gave consensus authorizing the Mayor to forward a letter to Father Broderick in support of the acquisition of Wellington Apartments and that this item be placed on the next Council agenda. 25. Liaison Reports. Councilmember Reitman announced to Council that he and Councilmember Sheehan would like to go to Lewisville to discuss with them the proposed arena. Linda Grau, City Secretary, informed Council that a manual recount would have to be done for the upcoming Municipal Election and the recount had been set for Monday, January 23, 1995. Mayor Morton announced that he was in the process of transferring the supervisory duties of the recount to the City Secretary. The Senior Citizens are providing four workers for the recount and they will be paid the same as an election judge. There being no further business to come before the City Council, the meeting was adjourned. Tom Morton, Mayor ATTEST: LindaGrau, City Secretary CM011095 Page 11 of 11