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CM 1995-03-28 MINUTES OF MARCH 28, 1995 The City Council of the City of Coppell met in Regular Called Session on Tuesday, March 28, 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 Chuck Sturges, Councilmember Danny L. Watson, Councilmember Mitch Reitman, Councilmember Candy Sheehan, Councilmember Councilmember Mayo was absent from the meeting. Due to participation in Students in Government, Clay Phillips, Assistant City Manager/Fire Chief sat in for Councilmember Mayo. For purposes of passage or denial of any item, Councilmember Mayo's vote is to be deleted. Also present were City Manager Jim Witt, City Secretary I.inda 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. Michael Cantrell vs. City of Coppell, et al 2. Julya Bilhymer vs. City of CoppeH and City of Coppell Police Department. 3. Lowell K. Anderson vs. City of Coppell, et al. 4. Parks of Coppell Trust Joint Venture threatened Litigation. 5. Pending litigation regarding CED Construction Inc., et al vs. City of Coppell, et al. CM032895 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 7:22 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion of Innovation Awards Program for Employees B. Discussion of Agenda Items C. Introduction of Students in Government The student representatives were introduced to the City Council at this time. Councilmembers met with their representatives and reviewed the agenda. REGULAR SESSION (Open to the Public) 4. Reconvene Regular Session Mayor Morton introduced Luke Pierson who will serve as the Student Mayor. Mayor Pierson (Morton) introduced the participating students: Catherine Bellah (Ron Robertson, Mayor Pro Tem/Place 6), John Rogers (Norman Alexander, Place 1), Eric Anderson (Chuck Sturges, Place 2), Justin Amt (Danny Watson, Place 3), Travis Hunt (Mitch Reitman, Place 4), Hock Choi (Lanny Mayo, Place 5), Devon Cavanaugh (Candy Sheehan, Place 7), Kyle Roach (Jim Witt, City Manager), Rosie Park (Linda Grau, City Secretary) and Christina Jones (Pete Smith, City Attorney). 5. Invocation (Student). William Key led those present in the Invocation. 6. Pledge of Allegiance (student). Lacy Baggett led those present in the Pledge of Allegiance. 7. Consider approval of a Proclamation declaring March 28, 1995 as "Students in Government Day" in the City of Coppell and authorizing the Mayor to sign (Student). CM032895 2 of t2 (i 0 i Mayor Pierson (Morton) read the Proclamation into the record. Councilmember Rogers (Alexander) moved to approve a Proclamation declaring March 28, 1995 as Students in Government Day in the City of Coppell and authorizing the Mayor to sign. Councilmember Anderson (Sturges) seconded the motion; the motion carried 6-0 with Mayor Pro Tern Bellah (Robertson) and Councilmembers Rogers (Alexander), Anderson (Sturges), Arnt (Watson), Hunt (Reitman), Choi (Mayo, absent) and Cavanaugh (Sheehan) voting in favor of the motion. 8. Recognition of former Council Members Peyton Weaver and Jim Garrison, in appreciation for their dedication and service to the City of Coppell and its citizens (Student). Mayor Pierson (Morton) announced that former Councilmembers Weaver and Garrison were not able to attend the meeting and their plaques would be presented to them at a later time. 9. Presentation of the GFOA Finance Award for Excellence in Financial Reporting for 1994 (Student). Mayor Pierson (Morton) announced that the City Manager would present this award and asked that Alan Johnson, Finance Director, and Jennifer Armstrong, Assistant Finance Director, come forward. City Manager Kyle Roach (Jim Witt) presented the GFOA Finance Award for Excellence to Alan Johnson and Jennifer Armstrong. 10. Consideration and approval of a Proclamation naming March 1995 as YOUTH ART MONTH, and authorizing the Mayor to sign (Student). Mayor Pierson (Morton) read the Proclamation into the record. Councilmember Cavanaugh (Sheehan) moved to approve a Proclamation naming March 1995 as Youth Art Month, and authorizing the Mayor to sign. Councilmember Amt (Watson) seconded the motion; the motion carried 6-0 with Mayor Pro Tem Bellah (Robertson) and Councilmembers Rogers (Alexander), Anderson (Sturges), Amt (Watson), Hunt (Reitman), Choi (Mayo, absent) and Cavanaugh (Sheehan) voting in favor of the motion. 11. Consideration and approval of a Proclamation naming April 1995 as SEXUAL ASSAULT AWARENESS MONTH, and authorizing the Mayor to sign (Student). Councilmember Choi (Mayo, absent) moved to approve a Proclamation naming April 1995 as Sexual Assault Awareness Month, and authorizing the Mayor to sign. Councilmember Hunt (Reitman) seconded the motion; the motion carried 6-0 with Mayor Pro Tem Bellah (Robertson) v,,O 2 Page 3 of 12 and Councilmembers Rogers (Alexander), Anderson (Sturges), Arnt (Watson), Hunt (Reitman), Choi (Mayo, absent) and Cavanaugh (Sheehan) voting in favor of the motion. 12. Consideration and approval of a Resolution supporting vehicle emissions testing program, and authorizing the Mayor to sign (Student). Mayor Pro Tem Bellah (Robertson) moved to approve Resolution No. 032895.1 supporting vehicle emissions testing program, and authorizing the Mayor to sign. Councilmember Rogers (Alexander) seconded the motion; the motion carried 6-0 with Mayor Pro Tern Bellah (Robertson) and Councilmembers Rogers (Alexander), Anderson (Sturges), Arnt (Watson), Hunt (Rcitman), Choi (Mayo, absent) and Cavanaugh (Sheehan) voting in favor of thc motion. 13. Consider approval of schedule and guidelines to be used in the selection process of designating the City of Coppell's 1995 Woman of the Year sponsored by the Women's Charity Organization of the Metrocrest (Student). Councilmember Anderson (Sturges) moved to approve the schedule and guidelines to be used in the selection process of designating the City of Coppell's 1995 Woman of the Year sponsored by the Women's Charity Organization of the Metrocrest. Councilmember Cavanaugh (Sheehan) seconded the motion; the motion carried 6-0 with Mayor Pro Tem Bellah (Robertson) and Councilmembers Rogers (Alexander), Anderson (Sturges), Arnt (Watson), Hunt (Reitman), Choi (Mayo, absent) and Cavanaugh (Sheehan) voting in favor of the motion. 14. Consideration and approval of a resolution for a grant application to North Central Texas Council of Governments 0NCTCOG) for an education and training Composting and Don't Bag It program and authorizing the Mayor to sign (Studen0. Councilmember Arnt (Watson) moved to approve Resolution No. 032895.2 for a grant application to North Central Texas Council of Governments (NCTCOG) for an education and training Composting and Don't Bag It Program and authorizing the Mayor to sign. Councilmember Choi (Mayo, absent) seconded the motion; the motion carried 6-0 with Mayor Pro Tern Bellah (Robertson) and Councilmembers Rogers (Alexander), Anderson (Sturges), Arnt (Watson), Hunt (Reitman), Choi (Mayo, absent) and Cavanaugh (Sheehan) voting in favor of the motion. 15. Consideration and approval of an Ordinance for PD-135R, to change the zoning from SF-12 (Single Family-12) to PD-SF-12 (Planned Development, CM032895 Page 4 of 12 (~ t-.-~L~., 0 !~"',.~ Single Family-12) on property located at the southwest corner of Coppell and Thweatt Roads, and authorizing the Mayor to sign (Student). City Attorney Christina Jones (Pete Smith) made a recommendation to the Council that positive action be taken on this item. Councilmember Hunt (Reitman) moved to approve Ordinance No. 91500-A-83 for PD-135R, to change the zoning from SF-12 (Single Family-12) to PD-SF-12 (Planned Development Single Family-12) on property located at the southwest corner of Coppell and Thweatt Roads, and authorizing the Mayor to sign. Mayor Pro Tern Bellah (Robertson) seconded the motion; the motion carried 6-0 with Mayor Pro Tem Bellah (Robertson) and Councilmembers Rogers (Alexander), Anderson (Sturges), Arnt (Watson), Hunt (Reitman), Choi (Mayo, absent) and Cavanaugh (Sheehan) voting in favor of the motion. 16. Consideration and approval of an Ordinance for S-1062, to change the zoning from C (Commercial) to C-S.U.P. (Commercial, Special Use Permit) to allow the operation of a restaurant, with special conditions, for property located at 160 Denton Tap Road, Suite 430C, Lot 1, Block A, TownOaks Center, and authorizing the Mayor to sign (Studen). City Manager Kyle Roach (Jim Witt) inquired as to the name of the restaurant. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council and announced that the name of the restaurant is Le Chalet. Councilmember Rogers (Alexander) moved to approve Ordinance No. 91500-A-84 for S-1062, to change the zoning from C (Commercial) to C-S.U.P. (Commercial, Special Use Permit) to allow the operation of a restaurant, with special conditions, for property located at 160 Denton Tap Road, Suite 430C, Lot 1, Block A, TownOaks Center, and authorizing the Mayor to sign. Councilmember Arnt (Watson) seconded the motion; the motion carried 6-0 with Mayor Pro Tern Bellah (Robertson) and Councilmembers Rogers (Alexander), Anderson (Sturges), Arnt (Watson), Hunt (Reitman), Choi ('Mayo, absent) and Cavanaugh (Sheehan) voting in favor of the motion. 17. Consideration and approval of an Ordinance for S-1067., to change the zoning from R (Retail) to R-S.U.P. (Retail, Special Use Permit) for the operation of a gift shop, with special conditions, for property located at 416 Bethel Road, and authorizing the Mayor to sign (Student). City Manager Kyle Roach (Jim Witt) inquired as to the nature of the special conditions. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council and stated that the two conditions would be 1) that the existing building would be used for office and retail uses and 2) that parking would be provided as shown on the site plan. Councilmember Choi (Mayo, absent) moved to approve Ordinance No. 91500-A-85, for S-1067 to change the zoning from R (Retail) to R-S.U.P. (Retail, Special Use Permit) for the operation of a gift shop, with special conditions, for property located at 416 Bethel Road, and authorizing the Mayor to sign. Councilmember Anderson (Sturges) seconded the motion; the motion carried 6-0 with CM032895 Page 5 of 12 Mayor Pro Tem Bellah (Robertson) and Councilmembers Rogers (Alexander), Anderson (Sturges), Arnt (Watson), Hunt (Reitman), Choi (Mayo, absent) and Cavanaugh (Sheehan) voting in favor of the motion. 18. Consideration and approval of an Ordinance for S-1091, to change the zoning from C (Commercial) to C-S.U.P. (Commercial, Special Use Permi0 for restaurant use with special conditions, on a 0.55 acre tract of land located at the southeast corner of Sandy Lake Road and Denton Tap Road, and authorizing the Mayor to sign (Student). City Manager Kyle Roach (Jim Witt) stated that the restaurant is Slider & Blues and stated that they were basically expanding the patio area. Councilmember Amt (Watson) inquired of the City Manager whether any trees would be lost. City Attorney Christina Jones (Pete Smith) asked what measures were being taken to preserve the trees. City Manager Kyle Roach (Jim Witt) stated that any trees that are lost will be replaced. Councilmember Cavanaugh (Sheehan) moved to approve Ordinance No. 91500-A-86 for S-1091 to change the zoning from C (Commercial) to C-S.U.P. (Commercial, Special Use Permit) for restaurant use with special conditions, on a 0.55 acre tract of land located at the southeast corner of Sandy Lake Road and Denton Tap Road, and authorizing the Mayor to sign. Councilmember Hunt (Reitman) seconded the motion; the motion carded 6-0 with Mayor Pro Tern Bellah (Robertson) and Councilmembers Rogers (Alexander), Anderson (Sturges), Arnt (Watson), Hunt (Reitman), Choi (Mayo, absent) and Cavanaugh (Sheehan) voting in favor of the motion. City Attorney Christina Jones (Pete Smith) inquired as to how the change would affect the traffic. Ken Griffin, Assistant City Manager/City Engineer, made a presentation to the Council. 19. Consider awarding Bid # Q-0195-02, for Official Newspaper of the City of Coppell to Citizens' Advocate Newspaper of Coppeil, Texas for a period of one year with two one-year options to renew (Student). City Attorney Christina Jones (Pete Smith) stated that bids were sent to seven firms and responses were received from two. The lowest bid meeting specifications was received from the Citizens' Advocate Newspaper of Coppell, Texas. It was recommended that the bid be awarded to the Citizens' Advocate. Mayor Pro Tern Bellah (Robertson) moved to approve and award Bid #Q-0195-02, for Official Newspaper for the City of Coppell to Citizens' Advocate Newspaper of Coppell, Texas for a period of one year with two one-year options to renew. Councilmember Rogers (Alexander) seconded the motion; the motion carded 6-0 with Mayor Pro Tern Bellah (Robertson) and Councilmembers Rogers (Alexander), Anderson (Sturges), Arnt (Watson), Hunt (Reitman), Choi (Mayo, absent) and Cavanaugh (Sheehan) voting in favor of the motion. C1VI032895 Page 6 of 12 20. Citizen's Appearances (Student). A. Jonathan Smith, 306 Pecan Hollow Drive, addressed the Council concerning minimum size housing in Coppell. B. Diane deWahl, 1919 Redwood Trail, commended the Mayor and City Manager for an outstanding job with the Students in Government program and commendation was also given to the participating students. The Students in Government portion of the agenda ended at this time. A short recess was held at this time. 21. Citizen's Appearances. There were no citizens signed up to speak under Citizen's Appearance. CONSENT AGENDA 22. Consider approval of the following consent agenda items: A. Minutes of: March 14, 1995. B. Consideration and approval of granting a variance to the Sign Ordinance to allow the Lions Club of Coppell to hang banners publicizing a Pancake Breakfast for April 1, 1995, on poles provided along Denton Tap Road from March 29 through April 3, 1995, and waiving all applicable fees. C. Consideration and approval of granting a variance from Section 10-8-4 of the Coppell Sign Ordinance to allow a temporary construction sign advertising the coming of a new business for the property located on the east side of MacArthur Blvd., south of Sandy lake Road, across from the intersection of MacArthur and Starleaf. D. Consideration and approval of an amendment to the contract with I-IDR Engineering, Inc. for the design of Grapevine Creek Ill, IV and Bethel Road Sanitary Sewer Improvements#SS 94-02 and authorizing the Mayor to sign. E. Consideration and approval of Birdsong Addition, Final Plat, Lot 1, Block A, located east of MacArthur Boulevard, north of DeForest Road. CM032895 Page 7 of 12 F. Consideration and approval of Primrose School of Coppell, Final Plat, Lot 2, Block A, located at the southwest corner of Parkway Boulevard and Heartz Road, just east of City Hall. G. Consideration and approval/rejection of all bids associated with Bid #Q 0195-05, for the lighting of athletic fields at Copperllr Middle School and Pinkerton Elementary School. H. Consideration and approval to award Bid Q-0195-06 to Bush Landscaping, Inc. for the purchase, planting, staking, and protection of trees at Andrew Brown, Jr. Community Park West and City Hall, in the amount of $26,065. I. Consideration and approval for awarding of Bid Q-0195-03 for temporary staff services to Skillstaff (Secretary, Executive Secretary, Accounting Clerk, Sr. Accounting Clerk) and Manpower (Receptionist, Library Aide, General Clerk I and H, Data Entry Clerk, Sr. Data Entry Clerk, Light Industrial, Maintenance Worker, Meter Reader). Mayor Pro Tern Robertson moved to approve Consent Agenda Items 22 A, B, C, D, E, F, H and I and to reject ail bids on Consent Agenda Item 22 G. Councilmember Sheehan seconded the motion; the motion carried 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Sturges, Watson, Reitman, and Sheehan voting in favor of the motion. 23. Consideration to appoint one member from an educational environment to the Keep Coppell Beautiful Committee. Steve Goram, Director of Information and Customer Services, made a presentation to the Council. Mayor Pro Tem Robertson moved to accept the resignation of Kim Geddie and advertise to fill the vacancy on the Keep Coppell Beautiful Committee. Councilmember Sheehan seconded the motion; the motion carried 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Sturges, Watson, Reitman, and Sheehan voting in favor of the motion. 24. A. Accept the resignation of Richard Diekman the Vice Chairman of the Telecommunications Board. B. Appoint a replacement to the Telecommunications Board, the term to expire October, 1995. A. Councilmcmber Reitman moved to accept the resignation of Richard Diekman, the Vice Chairman of the Telecommunication Board. Councilmember Sturges seconded the CM032895 Page 8 of 12 C, (i ~ 0 ~ ~/ motion; the motion carried 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Sturges, Watson, Reitman, and Sheehan voting in favor of the motion. B. Councilmember Sturges moved to appoint Wayne Casa, currently serving as an Alternate, to fill the unexpired term of Richard Diekman to expire October 1995. Councilmember Sheehan seconded the motion; the motion carried 6-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Sturges, Watson, Reitman, and Sheehan voting in favor of the motion. 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 8:29 p.m. as allowed under the above-stated article. Mayor Morton adjourned the Executive Session at 8:31 p.m. and opened the Regular Session. 25. A. Consideration and approval of an increase in solid waste collection fees of 2.2 percent, which is 75 percent of the Consumer Price Index (CPI 2.9%), as per their contract. B. Consideration and approval of a decrease for the base compactor rental rate, but an increase in the price per pull rate, based upon a request by Texas Waste Management. A. Steve Goram, Director of Information and Customer Services, made a presentation to the Council stating that this item is outlined in the contract with the City and is based on the Consumer Price Index. No action was necessary on this item. B. Steve Goram, Director of Information and Customer Services, made a presentation to the Council stating that three accounts would receive a decrease and five accounts would receive an increase. A1 Judkiewicz, representing Texas Waste Management, addressed the Council. Mayor Pro Tem Robertson moved to table until the first Council Meeting in April the consideration of a decrease for the base compactor rental rate, and an increase in the price per pull rate, based upon a request by Texas Waste Management. Councilmember Alexander seconded the motion; the motion carried 6-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Sturges, Watson, Reitman, and Sheehan voting in favor of the motion. CM03~95 26. Consideration and approval of a pro rata agreement between the City of Coppell, Vista Property and Coppell 200 Joint Venture, and authorizing the Mayor to sign. Ken Griffin, Assistant City Manager/City Engineer, made a presentation to the Council. After lengthy discussion, Mayor Pro Tem Robertson moved to approve a pro rata agreement between the City of Coppcll, Vista Property and Coppell 200 Joint Venture, and authorizing the Mayor to sign. Councilmember Sturges seconded the motion; the motion carried 6-0 with Mayor Pro Tem Robertson and Councilmcmbers Alexander, Sturges, Watson, Reitman, and Sheehan voting in favor of the motion. 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 8:54 p.m. as allowed under the above-stated article. Mayor Morton adjourned the Executive Session at 8:57 p.m. and opened the Regular Session. 27. Necessary action resulting from Executive Session. Mayor Morton read the following statement: "The City has been presented with a concept plan in connection with the settlement of the threatened litigation by the Parks of Coppell Trust which would limit the number of restaurants with drive-thru window service in the area known as Town Center site. This concept plan would avoid litigation concerning the agreement made in 1982 with the Parks of Coppell Joint Venture II, the predecessor to the Parks of Coppell Trust. As a result, we have asked that the City Manager, in coordination with the City Attorney, negotiate a potential resolution of the matter and this resolution bc presented for City Council consideration at the April 11, 1995 meeting." 28. City Manager's Report. A. Request to move City Council/Home Rule Charter Commission Meeting to April 18th. B. Insurance Services Office Key Rate. A. City Manager Jim Witt suggested that the joint meeting with the City Council and Home Rule Charter Commission be held at the new library facility due to the number of CM032895 Page 10 of 12 {,'~ ~ ~'; 0 ¼ S inquiries received from citizens regarding the meeting and the amount of space which might be required. City Manager Witt stated that the meeting could be held on April 18, 1995. Council agreed to the date and location change. B. City Manager Jim Witt asked Clay Phillips, Fire Chief, to speak regarding the Insurance Services Office Key Rate. Chief Phillips discussed the homeowner's insurance rate and the commercial rating in Coppell. 29. Mayor's Report. A. Mayor Morton discussed the International Music Exchange and the fact that the students will need $2,000.00 for their trip to Germany next year and asked for assistance from the City. City Manager Jim Witt stated this item would be reviewed in mid-year budget. B. Mayor Morton received a letter from the Volunteer Center of Dallas informing that a Coppell resident had been chosen the outstanding coordinator of the year for Dallas. A luncheon will be held on April 11, 1995. C. Mayor Morton stated he had received a letter from the Senate Committee on Legislative Congressional Redistricting and two hearings are being planned, one in Dallas and one in Houston. Mayor Morton asked for consensus of Council that we go down and ask that we no longer be chopped up into three congressional districts. D. Mayor Pro Tem Robertson ask that the City Manager work with the Health Department on the waiving of some of the requirements for the Coppell Fun Fest cookout. 30. Liaison Reports. Telecommunication Board -- Councilmember Sturges attended the monthly meeting where discussion was held regarding bleedover from Channel 1. Discussion was also held regarding community input as to additional channels and also the making of community videos. Mayor Morton asked that the Telecommunication Board look into the relocation of the C-Span channels as he had received some calls from citizens regarding these channels. Economic Development Partnership -- Councilmember Reitman reported that the Partnership met last week and elected Bronwyn Brock as their Chairman. Councilmember Sheehan thanked the City Manager for attending the school board meeting where he presented a Proclamation for Youth Art Month. Councilmember Sheehan reminded everyone that they need to go to the library and apply for new library cards. CM032895 Page 11 of 12 Councilmember Sturges reminded everyone about Texas Trash-off Day on Saturday, April 1, 1995. There being no further business to come before the City Council, the meeting was adjourned. Tom Morton, Mayor ATTEST: Linda Grau,City Secretary CM032895 Page 12 of 12 {-~ r. -.~