CM 1995-01-24 MINUTES OF JANUARY 24, 1995
The City Council of the City of Coppell met in Regular Called Session on Tuesday, January 24,
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 Tern (late arrival)
Norm Alexander, Councilmember
Danny L. Watson, Councilmember
Mitch Reitman, Councilmember
Lanny Mayo, Councilmember
Candy Sheehan, Councilmember
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 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 regarding pending litigation.
1. Richard Lee Terry vs. City of Coppell
Mayor Morton convened into Executive Session at 6:10 p.m. as allowed under the above-stated
article. Mayor Morton adjourned the Executive Session at 6:30 p.m. and opened the Work
Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Presentation by Andrea Rutledge of Office on Aging.
B. Discussion of agenda items.
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Mayor Pro Tem Robertson arrived during the Work Session.
REGULAR SESSION (Open to the Public)
4. Reconvene Regular Session.
5. Invocation.
Councilmember Watson asked those present to bow their heads for a moment of silent prayer.
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.
8. Canvass returns of the January 21, 1995 Municipal Election to Fill a Vacancy,
approval of an order declaring the results of said election and authorizing the
Mayor to sign.
City Attorney Peter G. Smith read the canvass of returns of the January 21, 1995 City Officer's
election. Councilmember Mayo moved to approve the Canvass of Returns and Declaration of
Results of Election (this document is on file in the City Secretary Department) of the January 21,
1995 City Officers election as read by City Attorney Peter G. Smith. Mayor Pro Tem
Robertson seconded the motion; the motion carried 6-0 with Mayor Pro Tem Robertson and
Councilmembers Alexander, Watson, Reitman, Mayo, and Sheehan voting in favor of the
motion.
9. Swearing-in Ceremony of City Council Member/Place 2 as a result of the
January 21, 1995 Election of Municipal Officer to Fill a Vacancy.
Mayor Morton swore in the newly-elected Councilmember Charles E. Sturges/Place 2.
The City Council at this point consisted of:
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Mayor Tom Morton
Mayor Pro Tem Ron Robertson
Councilmember Norman Alexander
Councilmember Chuck Sturges
Councilmember Danny L. Watson
Councilmember Mitch Reitman
Councilmember Lanny Mayo
Councilmember Candy Sheehan
10. Presentation on Coppell Economic Development by PHH Fantus Corporation.
John Mark Bonnot introduced Carlton Schwab and Tom Barkowski with PHH Fantus
Consulting, who discussed the findings of their study concerning Objectives and Approach;
Strengths, Weaknesses, Strategic Opportunities and Threats; Strategic Plan for Economic
Development; and Competitiveness and PHH Fantus Consulting Recommendations. The report
of PHH Fantus is on file in the City Secretary Department. Mayor Morton requested that
Fantus provide the City with a full and complete copy of the document.
CONSENT AGENDA
11. Consider approval of the following consent agenda items:
A. Minutes of: January 10, 1995
B. Consideration and approval of Change Order #1, in the amount of
$17,020 for Stream G-6 Drainage Project (DR 93-06) and authorizing
the Mayor to sign.
C. Consideration and approval of a sign variance request by the Coppell
Chamber of Commerce for sign advertising the upcoming Coppell Gala,
March 4, 1995.
D. Consideration and approval of a Resolution urging the Texas Municipal
League to seek introduction and passage of a Bill which will provide for
the disclosure of veterinarian records pertaining to rabies control and
other zoonosis control to the Texas Department of Health and local
health authorities, and authorizing the Mayor to sign.
E. Consideration and approval of an Ordinance of the City of Coppell,
Texas, amending Chapter 1 of the Code of Ordinances to add Article
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1-12, providing for the legal defense and indemnification of City officers
and employees, and authorizing the Mayor to sign.
F. Consideration and approval of an Ordinance amending Chapter 9,
Article 9-1 Animal Control of the Code of Ordinances, and authorizing
the Mayor to sign.
G. Consideration and approval of an Ordinance approving a Maintenance
Agreement between the Texas Department of Transportation and the
City of Coppell for portions of State Highways 121 and 635 in the City
of Coppell, and authorizing the Mayor to sign.
H. Consideration and approval to award Bid Q-1194-02 and annual
contract for the purchase of sign materials from Roadrunner Traffic
Supply, Centerline Supply, Unistrut, and 3M Corporation for an
estimated total of $25,000 and authorizing the Mayor to sign.
I. Consideration and approval of an Ordinance of the City of Coppell,
Texas amending Chapter 2 of the Code of Ordinances, repealing Article
2-3, Abolishing the Economic and Business Development Board, and
authorizing the Mayor to sign.
J. Consideration and approval of an Agreement for Professional Services
between the City of Coppell, Texas and the Coppell Chamber of
Commerce for the promotion of economic development.
K. Consideration and approval of an Agreement between the City of
Coppell, Texas and the Law Firm of Lloyd, Gosselink, Fowler, Blevins
& Mathews, P.C., to represent the City of Coppell with respect to the
upgrade of an existing TU Electric transmission line and related
matters, and authorizing the City Manager to sign.
L. Consider approval of a letter from Mayor Morton to Father Broderick,
Pastor of St. Ann's Parish, in support of the acquisition of Wellington
Apartments.
M. Consideration and approval of a change order to increase Bid No.
Q-0894-03, Library Furnishings, Furniture in the amount of $26,600
for additional furniture for the William T. Cozby Public Library.
Item 11 J was pulled for separate consideration.
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Items 11 A, B, C, D, E, F, G, H, I, K, L, M --
Mayor Pro Tem Robertson moved to approve Consent Agenda Items 11 A, B, C, D carrying
Resolution No. 012495.1, E carrying Ordinance No. 95686, F carrying Ordinance No. 95687,
G carrying Ordinance No. 95688, H, I carrying Ordinance No. 95689, K, L and M.
Councilmember Mayo seconded the motion; the motion carried 7-0 with Mayor Pro Tem
Robertson and Councilmembers Alexander, Sturges, Watson, Reitman, Mayo, and Sheehan
voting in favor of the motion.
Item 11 J --
Couneilmember Alexander filed a Conflict of Interest with the City Secretary and withdrew from
discussion and voting on this item. Councilmember Mayo moved to approve Consent Agenda
Item 11 I. Couneilmember Reitman seconded the motion; the motion carried 6-0 with Mayor
Pro Tem Robertson and Councilmembers Sturges, Watson, Reitman, Mayo, and Sheehan voting
in favor of the motion.
12. 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.
This item was held over from the previous two Council meetings. Gary Sieb, Director of
Planning and Community Services, made a presentation to the Council. Mr. Sieb stated that a
3/4 vote of Council will be needed to overturn the Planning & Zoning Commission
recommendation to deny this item. Mayor Morton opened the Public Hearing and asked for
those persons wishing to speak in favor of this proposal. Dan Beard, 5121 McKinney, Dallas,
Texas, representing the Applicant; and Mark Wainscott, 836 DeForest, representing the
Applicant, addressed the Council. He then asked for those persons wishing to speak against this
proposal. Carter Ghrist, 128 Dickins Drive; Jim McCown, 109 Dickins Drive; Alan Nawoj,
137 Dickens Drive; Richard Davis, 135 Tennyson; Hank Edmiston, 116 Dickens Drive; Forrest
Hartley, 136 Dickens Drive; Michael Tregoning, 143 Tennyson addressed the Council in
opposition. City Attorney Peter G. Smith addressed the Council regarding a contract concerning
the land in question. Mr. Baird addressed the concerns of Council regarding the development
of the surrounding property. Mr. Sieb addressed the concerns of the Planning & Zoning
Commission including the six concerns which have not been addressed by the site plan. Bill
Anderson, with Dowdey Anderson & Associates, addressed these concerns with Council.
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EXECUTIVE SESSION (Closed to the Public)
Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation with City
Attorney
Mayor Morton convened into Executive Session at 9:07 p.m. as allowed under the above-stated
article. Mayor Morton adjourned the Executive Session at 9:25 p.m. and continued with Item
12 of the Regular Session.
Mayor Pro Tern Robertson moved to close the Public Hearing and deny S-1088, Wendy's
Restaurant, zoning change from TC (Town Center) to TC-S.U.P. (Town Center, Special Use
Permi0 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. Councilmember Reitman seconded
the motion; the motion to deny carried 4-3 with Mayor Pro Tern Robertson and Councilmembers
Sturges, Reitman, and Mayo voting in favor of thc motion and Councilmembers Alexander,
Watson and Sheehan voting against the motion.
At this time the Council held a five-minute recess.
13. PUBLIC HEARING:
To gather input concerning proposed assessments against abutting property
for the construction of a water line of East Beltline Road.
Chuck Mullinax, representing the appraisers, addressed the Council. Mayor Morton opened the
Public Heating 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
Ordinance No. 95690 levying assessments against various persons and their property for the
payment of part of the cost of improving the water system of the City of Coppell (East Beltline
Road Project #WA 94-01). Councilmember Sheehan seconded the motion; the motion carried
7-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Sturges, Watson, Reitman,
Mayo, and Sheehan voting in favor of the motion.
14. Discussion and consideration of an ordinance levying assessments against
various persons and their property for the payment of part of the cost of
improving the water system of the City of Coppell (East Beltline Road Project
#WA 94-01), and authorizing the Mayor to sign.
This item was approved in Item 13. See Item 13 for minutes.
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15. Report from PUC Meeting in Austin on January 20, 1995.
Mayor Morton announced that the visit he and City Manager Jim Witt, Councilmember Sheehan
and City Attorney Pete Smith had with the PUC was very positive. All letters from the citizens
were filed with Mr. Pope of the PUC. Mayor Morton stated that the City will be retaining
Special Counsel to assist the City with any post upgrade and any action with the PUC. The
Special Counsel will be Lambeth Townsend who previously served as General Counsel of the
PUC. Mr. Townsend will meet with the City Council during February to provide legal advice
on the options available to the City concerning the transmission lines.
Note that there was no Item 16 on the agenda for this meeting.
17. Necessary action resulting from Executive Session.
There was no action necessary under this item.
18. City Manager's Report.
A. City Manager Jim Witt discussed the joint meeting scheduled between Council and
Planning & Zoning Commission and announced that the meeting would have to be '--
rescheduled due to lack of quorum on the Planning & Zoning Commission.
19. Mayor's Report.
A. Mayor Morton announced that Erin French had submitted a resignation letter resigning
from the Charter Review Commission. City Manager Jim Witt suggested that no
replacement be appointed. Mayor Morton stated the resignation would be placed on the
next agenda for Council approval.
B. Mayor Morton stated he had also received the resignation of Chuck Sturges from the
Planning & Zoning Commission and this should appear on the next agenda for acceptance
of Council. Also the applications on file should be forwarded to Councilmembers
Alexander and Mayo for review and the item to fill the vacancy should appear on the
next agenda.
C. Councilmember Watson discussed the letter from Pete Smith concerning the hiring of
Friedman & Associates.
D. Mayor Pro Tem Robertson stated he had received several calls from citizens concerning
the traffic on MacArthur at Beltline. Ken Griffin, Assistant City Manager/Director of
Public Works, addressed this issue with Council.
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20. Liaison Reports.
Metrocrest Hospital Authority -- Councilmember Sheehan announced that in mid-February a
senior health care center would be opening at RHD, Plaza 1.
Telecommunication Board -- Councilmember Reitman stated that the Telecommunication Board
had met and wanted to make several changes to their charter and they would be contacting the
City Manager in that regard.
YMCA -- Councilmembcr Reitman stated that the YMCA would have a meeting next week and
the sustaining drive would be beginning shortly.
Hike & Bike -- Councilmember Watson announced that the Parks and Recreation Board and the
Planning & Zoning Commission had held a joint meeting on January 23, 1994 to discuss the
master plan for the trail system.
There being no further business to come before the City Council, the meeting was adjourned.
Tom Morton, Mayor
ATTEST:
LindaGrau, City Secretary
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