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CM 1995-03-14 MINUTES OF MARCH 14, 1995 The City Council of the City of Coppell met in Regular Called Session on Tuesday, March 14, 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 Norm Alexander, Councilmember Chuck Sturges, Councilmember (late arrival) Danny L. Watson, Councilmember Mitch Reitman, Councilmember (late arrival) 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. Councilmembers Sturges and Reitman arrived prior to Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session & Closed Meeting A. Section 551.072, Texas Government Code - Deliberation regarding real property. 1. Discussion of land acquisition for recreation purposes. B. Section 551.075, Texas Government Code - Conference with City Manager; Closed Meeting. 1. Briefing by City Meeting regarding personnel matters. Mayor Morton convened into Executive Session at 6:09 p.m. as allowed under the above-stated article. Mayor Morton adjourned the Executive Session at 6:36 p.m. and opened the Work Session. CM031495 Page 1 of 10 C~ ~' '~ WORK SESSION (Open to the Public) 3. Convene Work Session A. Review Home Rule Charter Committee's recommendations for proposed amendments. B. Review of agenda items. REGULAR SESSION (Open to the Public) 4. Reconvene Regular Session. 5. Invocation. Councilmember Sturges led those present in the Invocation. 6. Pledge of Allegiance. Mayor Morton led those present in the Pledge of Allegiance. Item 15 was considered at this time. See Item 15 for minutes. 7. Citizen's Appearance A. Joe Shirley, 582 Villawood Lane, addressed the Council concerning the use of the Consent Agenda by the City Council and the use of Resolutions to amend Ordinances. City Attorney Pete Smith addressed the issues brought forth by Mr. Shirley. 8. Discussion and consideration of accepting the report of the Home Rule Charter Review Committee and determining proposed propositions to the Home Rule Charter. Mayor Morton announced that Item 8 and 9 had been deleted from consideration on this agenda. The City Council and the Home Rule Charter Committee will hold a work session on April 4, 1995 to review the findings of the Charter committee, after which a Public Hearing will be scheduled. Following the Public Hearing the item will be brought back to the City Council. CM031495 2 of 10 0 9. Consider approval of calling a special City Council meeting to call an Election for May 6, 1995 for proposed Home Rule Charter Amendments. -"- This item was deleted from the agenda. See Item 8 for minutes. CONSENT AGENDA 10. Consider approval of the following consent agenda items: A. Minutes of: February 28, 1995 B. Consideration and approval of a Resolution in appreciation of State Senator Jane Nelson, and authorizing the Mayor to sign. C. Consideration and approval of a Resolution in appreciation to the Texas Transportation Commission, and authorizing the Mayor to sign. D. Consideration and approval of a resolution establishing fees for animal control services to defray the costs of providing such services, and authorizing the Mayor to sign. E.Consideration and approval of a proclamation naming April 21, 1995 as "Arbor Day," and authorizing the Mayor to sign. F. Consideration and approval of MacArthur Park, Final Plat, to allow development of a 50-lot residential subdivision on property located on the east and west sides of MacArthur Boulevard, approximately 2,000 feet north of Samuel Boulevard, at the request of Carter & Burgess, Inc. G. Consideration and approval of The Enclaves on the Parkway, Final Plat, to allow development of a 21-lot residential subdivision on property located on the south side of Parkway Boulevard, east of Parks of Coppell and west of Parkview Addition (across from Kid Country), at the request of Dowdey, Anderson & Associates, Inc. H. Consideration and approval to waive the $50.00 food permit fee needed in association with Texas Trash-Off Day on April 1, 1995. I. Discussion and consideration of awarding Bid #Q-0195-01 Shadow Ridge/Devonshire Drainage Improvement Project #DR-94-01, to John CM031495 Page 3 of 10 Copeland Enterprises, Inc. in the amount of $73,202.50 and authorizing the Mayor to sign. J. Consideration and approval to renew contract for Bid Q-0194-05 for automotive parts to the following vendors, not to exceed $60,000: Robertson Fleet, Sections 1, 4, 5, 6, 7 for an amount of $35,000.00; Midway Auto, Sections 3, 8, 9 and 12 for an amount of $25,000.00. K. Consideration and approval to award Bid Q-0295-01 to provide landscape services to the following companies: North Texas Landscape Services for services to Class "A" & "B" medians for Grapevine Creek Park, Fire Administration, Fire Stations No. 1 & 2, Town Center, and the William T. Cozby Public Library, in an amount of $45,360.00; Green Company for landscape services to the rough areas of Andrew Brown Jr. Community Parks east and west, on a Class "B" basis, in an amount of $29,040.00; and Carruthers Landscape Management Corporation for three fertilization services to Class "A" medians in an amount of $3,939.00; the combined total not to exceed $78,339.00. L. Consideration and approval to award Bid No. 0195-04 to Move Solutions for the relocation of library furnishings and materials, in an -- amount not to exceed $10,523.00; and authorizing the Mayor to sign. Items 10 F, G and I were pulled for separate consideration. Items 10 A, B, C, D, E, H, J, K and L -- Mayor Pro Tem Robertson moved to approve Consent Agenda Items A, B carrying Resolution 031495.1, C carrying Resolution No. 031495.2, D carrying Resolution No. 031495.3, E, H, J, K and L. 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 10 F -- Councilmember Reitman filed a Conflict of Interest with the City Secretary and withdrew from discussion and voting on this item. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Tim House, representing the Applicant, addressed questions of Council. Terry Mitchell, representing the Applicant's engineering firm, addressed Council concerning the preservation of trees. Mayor Pro Tem requested that the question be divided on the name change. Mayor Pro Tem Robertson moved to approve a name change from MacArthur CM031495 Page 4 of 10 Park Subdivision to the Peninsulas of Coppell with the condition that any expenses incurred by the City because of the name change are to be paid by the developer, not to exceed an amount of two hundred fifty ($250) dollars. Councilmember Sheehan seconded the motion; the motion carried 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Sturges, Watson, Mayo, and Sheehan voting in favor of the motion. Councilmember Mayo moved to approve the final plat of the newly named Peninsulas of Coppell provided the various fees will be required to be paid, such as water, sewer and park impact fees. Councilmember Alexander seconded the motion; the motion carried 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Sturges, Watson, Mayo, and Sheehan voting in favor of the motion. Councilmember Reitman rejoined Council at the conclusion of this item. Item 10 G -- Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Pro Tem Robertson moved to approve Item 10 G with the following conditions: 1) execution and recording of deed restrictions; 2) execution, filing and incorporation of homeowners' association agreement; 3) execution of development and maintenance agreement; execution of special warranty deed for Lot 23; and payment of all applicable development fees. Councilmember Reitman 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 10 I -- Ken Griffin, Assistant City Manager/City Engineer, made a presentation to the Council. Mayor Pro Tem Robertson moved to award Bid #Q-0195-01, Shadow Ridge/Devonshire Drainage Improvement Project # DR 94-01, to Humphrey & Morton in the amount of $88,495.70 and authorizing the Mayor to sign, as recommended by the Assistant City Manager/City Engineer. Councilmember Alexander 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. 11. PUBLIC HEARING: Consideration and approval of S-1091, Slider & Blues, zoning change from C (Commercial) to C-SUP (Commercial-Special Use Permit) to allow the enclosure of the patio area to create more indoor space and a private room on property located at the southeast corner of Sandy Lake and Denton Tap Roads, at the request of The Peter Buell Company, 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 CM031495 Page 5 of 10 () {} '~ 0 '~ ~ 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 S-1091, Slider & Blues, zoning change from C (Commercial) to C-SUP (Commercial-Special Use Permit) to allow the enclosure of the patio area to create more indoor space and a private room on property located at the southeast comer of Sandy Lake and Denton Tap Roads with the following conditions: 1) subject to the site plan and 2) subject to meeting the provisions of the Zoning Ordinance. Councilmember Mayo seconded the motion; the motion carded 7-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Sturges, Watson, Reitman, Mayo, and Sheehan voting in favor of the motion. 12. PUBLIC HEARING: Consideration and approval of PD-135R, The Woodlands of Coppell, zoning change from SF-12 (Single Family-12) to PD-SF-12 (Planned Development- Single Family-12) to allow development of a residential subdivision, with special conditions, on property located at the southwest corner of Coppell and Thweatt Roads, at the request of HAP Engineering & 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. He then asked for those persons wishing to speak in favor of this proposal. Again, there were none. Councilmember Sheehan moved to close the Public -- Hearing and approve PD-135R, The Woodlands of Coppell, zoning change from SF-12 (Single Family-12) to PD-SF-12 (Planned Development-Single Family-12) to allow the development of a residential subdivision, with the following conditions: 1) no alleys will be required; 2) there will be no alley access to the Oakbend Subdivision; 3) 25' front yard setbacks will be permitted; 4) 8' side yards will be permitted; 5) lot width shall be measured at the center of the lot; and 6) that the following clause be added to any contract of sale: "due to the proximity to the centerline of existing and future runways of D/FW, residents of this subdivision may be subject to intermittent aircraft noise". Councilmember Sturges 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. 13. Consideration and approval of The Woodlands of Coppell, Preliminary Plat, to allow development of a 38-1ot residential subdivision on property located at the southwest corner of Coppell and Thweatt Roads, at the request of HAP Engineering & Associates, Inc. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Rob Lang, 6310 LBJ Freeway, Dallas, addressed the Council concerning the tree preservation in the development. Councilmember Sturges moved to approve The Woodlands of Coppell, Preliminary Plat, to allow development of a 38-1ot residential subdivision on property located -- at the southwest comer of Coppell and Thweatt Roads subject to the following conditions: 1) on CM031495 Page 6 of 10 the face of the Plat, note 5 should read "... a 5' wide fence easement..."; 2) a 10' wide easement with an 8' wide Hike and Bike Trail needs to be stated; 3) Lot #1 shall be a buildable lot; 4) under 7A on the Plat, the phrase "... existing alleys shall be allowed driveway access · . ." should read "... existing alleys shall not be allowed driveway access . . ."; 5) the floodplain and floodway should be tied down on the Final Plat; 6) various fees will be required for this development, such as water, sewer, parks and Roadway Impact Fees; and 7) that the following clause be added to any contract of sale: "due to the proximity to the centerline of existing and future runways of D/FW, residents of this subdivision may be subject to intermittent aircraft noise." 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. Councilmember Reitman moved to provide that the Planning and Zoning Commission shall be the Municipal Authority responsible for the approval of the Final Subdivision Plat of such land and the Final Subdivision Plat of such land need not be brought back for final approval of the City Council unless, through inaction on the part of the Planning and Zoning Commission, such final plat is deemed approved by the Planning and Zoning Commission for failure to act within the 30-day period required by law. 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. 14. Consideration and approval of Old Coppell Estates, Preliminary Plat, to allow development of a 34-1ot residential subdivision on property located 2/10ths of a mile east of Coppell Road on the north side of Bethel Road, at the request of GDI & Associates, Inc. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Pro Tem Robertson moved to approve Old Coppell Estates, Preliminary Plat, to allow development of a 34-1ot residential subdivision on property located 2/10th of a mile east of Coppell Road on the north side of Bethel Road with the following conditions: 1) alleys be waived; 2) the landscaping and screening wall need to be dimensioned; 3) a Homeowners Association is needed to maintain the common open space; 4) the existing floodplain adjacent to the site would be shown; 5) a screening wall easement should be provided on the lots adjacent to Bethel Road and adjacent to the alley; 6) various fees will be required for the development, such as water, sewer, park and Roadway Impact Fees; 7) access will be provided to the Anderson Street Park; and 8) that the following clause be added to any contract of sale: "due to the proximity to the centerline of existing and future runways of D/FW, residents of this subdivision may be subject to intermittent aircraft noise." Councilmember Sturges 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. Councilmember Reitman moved to provide that the Planning and Zoning Commission shall be the Municipal Authority responsible for the approval of the Final Subdivision Plat of such land CM031495 Page 7 of 10 (~ ~ ~) 0 '-~ ~ and the Final Subdivision Plat of such land need not be brought back for final approval of the City Council unless, through inaction on the part of the Planning and Zoning Commission, such final plat is deemed approved by the Planning and Zoning Commission for failure to act within the 30-day period required by law. Councilmember Alexander 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. Mayor Morton expressed his thanks to the developer of this project for taking on two difficult projects, Old Coppell Estates and The Enclaves on the Parkway, and having brought to Council a very fine product in both cases. 15. Consideration of information regarding the bond issue for Carrollton/Farmers Branch Independent School District. Ms. Armstrong, representing the YES Committee for Carrollton School Bond Committee, made a presentation to the Council. 16. Consideration of appointing two representatives to the Dalhoma Trail Advisory Committee to study the potential of linking public property from Dallas County to Lake Texoma. Mayor Morton recommended that Council appoint Councilmember Watson and allow the City Manager to appoint one member of City Staff to serve on this advisory Committee. Councilmember Mayo moved to appoint Councilmember Watson and allow the City Manager to appoint one member of City Staff to serve on the Dalhoma Trail Advisory Committee to study the potential of linking public property from Dallas County to Lake Texoma. Councilmember Sturges 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. Consideration and approval of the following: A. Accept the resignation of Charles E. Sturges from the Planning and Zoning Commission in order that he can serve as a City of Coppell Councilman, and B. Appoint a replacement to the Planning and Zoning Commission, the term to expire October, 1996. Mayor Pro Tem Robertson moved to accept the resignation of Charles E. Sturges from the Planning and Zoning Commission. Councilmember Alexander seconded the motion; the motion CM031495 Page 8 of 10 carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Sturges, Watson, Reitman, Mayo, and Sheehan voting in favor of the motion. Councilmember Mayo moved to appoint Karen Reyher to serve on the Planning and Zoning Commission to fill the unexpired term of Charles E. Sturges which will expire October, 1996. Councilmember Alexander seconded the motion; the motion carded 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 under this item. 19. City Manager's Report. There was no report from the City Manager. 20. Mayor's Report. Mayor Morton inquired as to when the Citizens' Telephone Survey would be going out. City Manager Jim Witt stated they would be going out the latter part of March and would be expected back the second or third week of April. 21. Liaison Reports. Office on Aging -- Mayor Pro Tem Robertson reported that he attended a meeting the morning of March 14, 1995 and kicked off the annual fundraiser. A name change will be forthcoming in April. YMCA -- Mayor Pro Tem Robertson stated he and City Manager Jim Witt met with the YMCA and will be bringing back a recommendation soon. D/FW Airport Expansion - Noise Task Force -- Councilmember Reitman announced that D/FW held an economic impact luncheon the week of March 6, 1995. Library Board -- Councilmember Alexander advised that the Library Board held a meeting the week of March 13, 1995. The Library Board is currently reviewing their procedures and by-laws to comply with Charter amendments. The opening of the new library will be May 13, 1995. CM031495 Page 9 of 10 There being no further business to come before the City Council, the meeting was adjourned. Tom Morton, Mayor ATTEST: Linda Grau, City Secretary CM031495 Civ~ ~0 ,.i ~