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CM 1995-02-14 MINUTES OF FEBRUARY 14, 1995 The City Council of the City of Coppell met in Regular Called Session on Tuesday, February 14, 1995 at 5:30 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 Norm Alexander, Councilmember Chuck Sturges, 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. 1. Consultation with Special Legal Counsel regarding opposition to the upgrade and/or relocation of TU transmission lines on Sandy Lake Road. 2. Pending litigation regarding CED Construction, Inc., et al vs City of Coppell, et al. CM021495 Page I of 9 Mayor Morton announced that the attorney scheduled to brief the Council on the first item would not be in attendance due to bad weather conditions in Austin. Mayor Morton convened into Executive Session at 5:42 p.m. as allowed under the above-stated article. Mayor Morton adjourned the Executive Session at 7:09 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion of Citizen Appointees to the Keep Coppell Beautiful Committee. B. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Reconvene Regular Session. 5. Invocation. Mayor Pro Tem Robertson asked those present to bow their heads for a moment of silence in their own belief. 6. Pledge of Allegiance. Mayor Morton led those present in the Pledge of Allegiance. 7. Status report by City Manager regarding opposition to the upgrade and/or relocation of the TU transmission line on Sandy Lake Road. Mayor Morton announced that this agenda item would be postponed until February 28, 1995 due to the inability of the attorney to attend the meeting as stated in the minutes under Executive Session. Mayor Morton stated that the responses to the eight questions asked of the PUC would be mailed to Homeowner Association contacts: Hank Edmiston of Chaucer Estates; Chuck Sturges of Devonshire; Kim Cornell of Meadows of Coppell; Jack Peterson of Pecan Hollow; Kevin Matheny of Woodridge; Melvin Gross of Cottonwood Estates; Larry Hansen of Highland Meadows; Carlos Palasciano of Northlake Woodlands; Doug Roberts of Sand Point Estates; Dale Crittenden of Creekview; Barry L. Gruebbel of Lakes of Coppell; David Hoover of Oak CM021495 Page 2 of 9 Bend Estates; Eric Fruithandler of Village of Cottonwood Creek; Don Duncan and Colleen Cherret. 8. Citizen's Appearances. There were no citizens signed up to speak under this item. CONSENT AGENDA 9. Consider approval of the following consent agenda items: A. Minutes of: January 24, 1995 January 31, 1995 B. Consider approval of corrections to minutes of January 10, 1995 City Council Meeting to change zoning ordinance numbers for Items 81, 8J and 11. C. Consider acceptance of the resignation of Erin French from the Charter Review Commission. D. Consideration and approval of an amendment to the original Agreement between the City of Coppell and the Office on Aging, and authorizing the Mayor to sign. E. Consideration and approval of an ordinance amending Section 2-3-2 and 2-3-3, repealing Section 2-3-7, of the Code of Ordinances regarding the appointment of an ex officio member of the "Keep Coppell Beautiful Committee", and authorizing the Mayor to sign. F. Consideration and approval of an ordinance amending the Code of Ordinances by adding Sections 9-11-3D and 9-11-3R and S and Section 9-11-7H regulating the operation of model airplanes, providing hours of operation for Andrew Brown Jr. Park (East and West); regulating fishing and golfing in City parks; authorizing the Park and Recreation Superintendent to cancel or suspend practice on athletic facilities, and authorizing the Mayor to sign. CM021495 Page 3 of 9 G. Consideration and approval of an ordinance amending Article 2-7 of the Code of Ordinances to rename the Coppell Cable Television Review Board to the Coppell Telecommunications Board and by amending its powers and duties; and authorizing the Mayor to sign. H. Consideration and approval of Gulf United Industries Addition, Final 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 Gromatsky, Dupree and Associates. I. Consideration of a variance from Section 10-8-3D of the Code of Ordinances to allow an off premise subdivision development sign at the request of Mr. Jeff Avery of Avery-Edwards Custom Homes located on the northwest corner of Bethel School Road at S. Denton Tap Road. J. Consideration of a variance from Section 10-8-4 of the Code of Ordinances, to allowance of a temporary construction sign for Lot#2 of the Primrose School Site at Parkway Blvd. and Heartz Blvd. K. Consideration and approval of extension of contract, for the purchase of office supplies, for one year with Miller Business Systems. Item 9 F was pulled for further consideration. Items 9 A, B, C, D, E, G, H, I, J and K: Mayor Pro Tern Robertson moved to approve Consent Agenda Items 9 A, B, C, D, E carrying Ordinance No. 95691, G carrying Ordinance No. 95692, H, I, J and K. Councilmember Alexander seconded the motion; the motion carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Sturges, Watson, Reitman, Mayo, and Sheehan voting in favor of the motion. Item 9 F -- Councilmember Watson moved to table Consent Agenda Item 9 F for reconsideration at the Council meeting of February 28, 1995. Mayor Pro Tern Robertson 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. CM021495 Page 4 of 9 10. PUBLIC HEARING: Consideration and approval of S-1089, Mr. Jim's Pizza, zoning change from R (Retail) to R-S.U.P. (Retail-Special Use Permit) to allow a carry-out pizza establishment located at 600 E. Sandy Lake Road, Suite 110, at the request of Todd Tolbert. 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. Councilmember Reitman moved to close the Public Hearing and approve S-1089, Mr. Jim's Pizza, zoning change from R (Retail) to R-S.U.P. (Retail-Special Use Permit) to allow a carry-out pizza establishment located at 600 E. Sandy Lake Road, Suite 110 subject to the following conditions: (1) subject to the site plan and all other provisions of the S.U.P. requirements; and (2) if the business sells, the Commission or Council has the authority to call a public hearing to determine proper zoning. Councilmember Sheehan seconded the motion; the motion carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Sturges, Watson, Reitman, Mayo, and Sheehan voting in favor of the motion. 11. PUBLIC HEARING: Consideration and approval of S-1090, zoning change from LI (Light Industrial) to LI-S.U.P. (Light Induslrial-Special Use Permit) to allow the operation of a natural gas well on one acre of a 43.8913 acre tract of property located at the northwest corner of Thweatt and Coppell Roads, at the request of WDA Resources, Inc. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Morton opened the Public Hearing and aske. for those persons wishing to speak against this proposal. Shari Williams, 700 Post Oak Drive; Nora Creel, 724 Post Oak Drive; Howard Seidel, 625 Post Oak Drive; and Steve Bellah, 7 3 Post Oak Drive spoke against this item. Mayor Morton then asked for those persons wishin; to speak in favor of this proposal. Robert Key, 204 Steamboat spoke in favor of this item. Sanford Dvorin and Jason Dvorin, Applicants, made a presentation to the Council and introduced Randall Early from the Texas Railroad Commission who addressed concerns of Council. Clay Phillips, Assistant City Manager/Fire Chief, answered inquiries from Council. After lengthy discussion, Mayor Pro Tem Robertson moved to close the Public Hearing and approve S-11390, zoning change from LI (Light Industrial) to LI~S.U.P. (Light Industrial, Special Use Permit) to allow the operation of a natural gas well on one acre of a 43.8913 acre tract of property loc ~ted at the northwest corner of Thweatt and Coppell Roads subject to the following conditions: (I1) if the well is dry, the applicant will return the site to pre-well conditions; (2) once the field has been discovered; all additional wells will be drilled no closer than 2,640 linear feet from each other; (3) the applicant (AFE Oil and Gas CMO214! ~5 Page 5 of 9 6(i;':0 C, Consultants, an affiliate of WDS Resources, Inc.) must represent themselves as being the Operator of Record of this well; (4) any request for exception would include the City of Coppell in the notification process; (5) the well head will be fenced, based on the site plan; (6) there will be on-site supervision of "gatherers" of liquids; (7) the route of ingress and egress of the facility will be as follows: to enter, traffic will be allowed from 121 east on Thweatt Road to the facility and to exit, traffic would go west on Thweatt Road; (8) the site would have an irrigated landscaping system; (9) all other applicable ordinance of local, county and state Federal regulations would be recognized and abided by; (10) applicant will work with staff as to the color of the tanks; (11) tanks containing the liquids shall be no taller than 8 feet high; (12) tanks must be emptied between the hours of 12 midnight and 6 a.m.; and (13) the color of the tanks shall be earth tone/sandy color. Councilmember Watson 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. 12. Consideration of authorizing the issuance of Waterworks and Sewer System Revenue Bonds, Series 1995, in the principal amount of $6,900,000, approving an official statement authorizing the execution of a purchase contract, making provisions for the security thereof, ordaining other matters relating to the subject; and authorizing the Mayor to sign. Boyd London made a presentation to the Council and introduced George Willoford. Mayor Pro Tern Robertson moved to approve Item 12 carrying Ordinance No. 95693 for the sale of general obligation bonds in the amount of $6,900,000 and also Item 13 carrying Ordinance No. 95694 for the sale of $4,720,000 in CO's. 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. City Manager Jim Witt gave praise to Alan Johnson and the Finance Department for achieving the high ratings. 13. Consideration of authorizing the issuance of Certificates of Obligation Series 1995, in the principal amount of $4,720,000, approving an official statement, authorizing the execution of a purchase contract, making provisions for the security thereof, and ordaining other matters relating to the subject; and authorizing the Mayor to sign. This item was passed under Item 12. See Item 12 for minutes. 14. Consideration and review of subdivision approval process and proposed changes. CM021495 Page 6 of 9 06 0' 7 City Manager Jim Witt made a presentation to the Council and addressed steps required to approve plats. Councilmember Reitman moved to approve a change in the subdivision approval process being that future preliminary plats will come to the Council after being processed through the Planning and Zoning Commission; if Council gives approval to the preliminary plat, the final plat will not be required to come before Council. The Mayor and City Manager will have the responsibility to ensure that all conditions are met prior to the signing of the plat. 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. 15. Consideration and appointment of citizens to the Economic Development Partnership Committee. City Manager Jim Witt made a presentation to the Council. Councilmember Reitman moved to appoint Bronwyn Brock, Jim Dippold, Ron Pankey and William Rohloff as Council representatives to the Economic Development Partnership Committee. Councilmember Alexander seconded the motion; the motion carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Sturges, Watson, Reitman, Mayo, and Sheehan voting in favor of the motion. 16. Consideration and appointment of Council to appoint citizens to serve on the "Keep Coppell Beautiful Committee." Councilmember Sheehan addressed the Council and explained the functions of the Committee. Councilmember Sheehan moved to make the following appointments to the "Keep Coppell Beautiful Committee:" Lanse Fullinwider, John Mark Bonnot, Jay Shirley, Kim Geddie, Ira Thompson, Patti Barkett, Antonia King, Afzal Nook Noor, Linda Pilone, Linda Clark, Jay Halpin and Philip Fisher. Councihnember Watson 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. 17. Discussion and consideration of Mayoral appointments to City Council standing committees and liaison responsibilities. Mayor Morton stated that Councihnember Sheehan had asked to replace Flo Stahly on the City/Coppell ISD Liaison. Mayor Morton made the following appointments: Councilmember Reitman to replace Councilmember Sheehan and Councilmember Sturges to replace Flo Stahly on the D/FW Airport Expansion - Noise Task Force Delegation; Councilmember Sturges to replace Councilmember Reitman on the Citizen's Recognition Committee; Councilmember Sturges to replace Flo Stahly on the YMCA Liaison Committee. Councilmember Sturges asked CM021495 Page 7 of 9 00,,0' S to become a liaison to the Telecommunication Board. Discussion was held concerning appointing two Councilmembers to be liaisons to the new Economic Development Partnership. Mayor Morton appointed Councilmembers Sheehan and Reitman to serve in this capacity. Mayor Pro Tern Robertson moved to approve the appointments as made by Mayor Morton. 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. 18. Necessary action resulting from Executive Session. There was no action necessary under this item. 19. City Manager's Report. There was no City Manager's Report. 20. Mayor's Report. A. Mayor Morton discussed a letter received regarding day camps. The Mayor was authorized to prepare a letter to Mayor Blaire in support of revisions. 21. Liaison Reports. Library Board -- Councihnember Sheehan announced that May 13, 1995 would be the Grand Opening of the Library. Due to the move, the library will be closed from April 7 through April 24, 1995. Office on Aging -- Mayor Pro Tern Robertson stated he had attended a meeting for the Office on Aging and also a Seniors Meeting. Rick Wieland, Parks Planner, will be working with the seniors regarding a Program Director. Finance Committee -- Mayor Pro Tern Robertson discussed the bond trip to New York. Park Board -- Councihnember Mayo referenced the minutes of the Park lgoard meeting received by Council. Councilmember Watson announced that March 6, 1995 will be the final Public Hearing for input on the annual update of the Master Plan. Councilmember Watson also announced that on Saturday, February 18, 1995 at 1:00 p.m. the Friends of the Parks will be sponsoring a tree planting at Andrew Brown Park East commencing at Kid Country. CM021495 Page 8 of 9 City Manager Jim Witt announced that April I, 1995 would be a city-wide cleanup day to possibly become an annual event. Mayor Morton informed everyone that on March 3, 1995 a reception would be held for Troy Glidewell honoring his retirement. The time of the reception is 3:00 to 6:00 p.m at the Fire Administration Building. There being no further business to come before the City Council, the meeting was adjourned. Tom Morton, Mayor ATTEST: Linda Grau, City Secretary CM021495 Page 9 of 9 C,(i::030