CM 1995-06-13 MINUTES OF JUNE 13, 1995
The City Council of the City of Coppell met in Regular Called Session on Tuesay, June 13,
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 Tern
Norm Alexander, Councilmember
Chuck Sturges, Councilmember
Danny L. Watson, Councilmember
Marsha Tunnell, Councilmember
Lanny Mayo, Councilmember
Candy Sheehan, Councilmember
Also present were City Manager Jim Witt, City Secretary Linda Grau and City Attorney Rob
Dillard.
REGULAR SESSION (Open to the Public)
1. Call to order
At 5:30 p.m. City Council met for a photograph session for the yearly group photograph. After
the photograph session, Mayor Morton called the meeting to order and adjourned into Executive
Session.
2. Photograph session for City Council Members.
See minutes under Item 1.
EXECUTIVE SESSION (Closed to the Public)
3. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation with City
Attorney.
1. Settlement regarding CED Construction, Inc. et al vs. The City
of Coppell, et al.
Mayor Morton convened into Executive Session at 6:02 p.m. as allowed under the above-stated
article. Mayor Morton adjourned the Executive Session at 7:01 p.m. and opened the Work
Session.
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WORK SESSION (Open to the Public)
4. Convene Work Session
A. Overview of Trails Master Plan.
B. Discussion of Library Board Bylaws.
C. Discussion of Agenda Items.
1. Abandoning Ledbetter Road
REGULAR SESSION (Open to the Public)
5. Reconvene Regular Session.
6. Invocation.
Councilmembcr Tunnell led those present in the Invocation.
7. Pledge of Allegiance.
Mayor Morton led those present in the Pledge of Allegiance.
8. Citizen's Appearances.
A. Presentation to Coppell Cowboys and Coaches for capturing the 1995
4A, State Baseball Championship.
A. Mayor Morton called the Coppell High School Cowboy baseball team and their coaches
to the front and congratulated them for their win of the State Championship and made
a presentation of the key to the City.
B. Ed Caldwell, 601 Shadowcrest, congratulated Marsha Tunnell on becoming a
Councilmember and addressed Council concerning their failure to call him, the fact that
he had not been able to meet with Mr. Witt, allegations of his son's involvement in the
school fire, dollars paid to Friedman & Associates, and apologized to Mr. Kwast for
using his name.
CONSENT AGENDA
9. Consider approval of the following consent agenda items:
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A. Minutes of: May 23, 1995
June 1, 1995
B. Consideration and approval of naming Wednesday, June 14 FLAG
DAY, and authorizing the Mayor to sign.
C. Consideration and approval of an ordinance amending the Code of
Ordinances by amending Articles 2-3-2 of the "Keep Coppell Beautiful"
ordinance establishing that all members shall serve two-year staggered
terms, and authorizing the Mayor to sign.
D. Consideration and approval of a temporary variance not to exceed 9
months to Section 10-5-3(B) of the City of Coppell sign ordinance to
allow an attached 57 square foot sign for Overton Bank that exceeds the
maximum allowed square footage of 25 square feet by 32 square feet,
as requested by Mike Shipman on behalf of Overton Bank and Trust
for their temporary lease space at 700 E. Sandy Lake Road.
E. Consideration and approval of a recommendation by the
Telecommunications Board requesting Council to communicate written
concern to Paragon Cable regarding bleedover programming on
Channel 1, Adam and Eve.
F. Consideration and approval of an Ordinance abandoning Ledbetter
Road South at Beltline Road, subject to the City Engineer preparing a
legal description of the Road to be attached as an exhibit and subject
to the abutting property owners providing written consent and
authorizing the Mayor to sign.
G. Consideration and approval of a request from the Riverchase Owners
Association for the City of Coppell to assume the landscape
responsibilities along MacArthur Blvd.
H. Consideration and approval of The Burch Addition, Lot 3, Block "A",
Final Plat, to allow the development of a dry cleaners on property
located at the west side of Denton Tap Road, approximately 385 feet
south of Bethel School Road.
Mayor Morton recommended that Item 9 E be pulled until Mr. Nesbit from Paragon Cable could
be present.
Items 9 G and H were pulled for further consideration.
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Items 9 A, B, C, D and F --
Mayor Pro Tem Robertson moved to approve Consent Agenda Items 9 A, B, C carrying
Ordinance No. 95705, D and F carrying Ordinance No. 95706. Councilmember Tunnell
seconded the motion; the motion carried 7-0 with Mayor Pro Tern Robertson and
Councilmembers Alexander, Sturges, Watson, Tunnell, Mayo, and Sheehan voting in favor of
the motion.
Item 9 E --
Councilmember Sheehan moved to table Consent Agenda Item 9 E until the next regular City
Council Meeting of June 27, 1995. Councilmember Alexander seconded the motion; the motion
carried 6-1 with Mayor Pro Tem Robertson and Councilmembers Alexander, Watson, Tunnell,
Mayo, and Sheehan voting in favor of the motion and Councilmember Sturges voting against the
motion.
Item 9 G --
Mayor Pro Tem Robertson filed a Conflict of Interest with the City Secretary and withdrew from
discussion and voting on this item. Jerry Ragsdale, representing Republic Properties, addressed
the Council regarding the reduction of the dues of the homeowners should this item pass.
Councilmember Watson moved to approve Consent Agenda Item 9 G subject to the resolution
being passed by the homeowners' association to reduce the dues pro rata. Councilmember
Sheehan seconded the motion; the motion carded 6-0 with Councilmembers Alexander, Sturges,
Watson, Tunnell, Mayo, and Sheehan voting in favor of the motion.
Item 9 H --
Mayor Pro Tem Robertson requested a short executive session.
EXECUTIVE SESSION (Closed to the Public)
Section 551.071, Texas Government Code - Consultation with City Attorney
Mayor Morton convened into Executive Session at 7:52 p.m. as allowed under the above-stated
article. Mayor Morton adjourned the Executive Session at 8:01 p.m. and opened the Regular
Session.
REGULAR SESSION (Open to the Public)
Item 9 H continued --
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Councilmember Watson moved to approve Consent Agenda Item 9 H subject to the addition of
a 10-foot landscape buffer being extended along the entire south side of the property. Mayor
Pro Tem Robertson seconded the motion; the motion carried 7-0 with Mayor Pro Tem Robertson
and Councilmembers Alexander, Sturges, Watson, Tunnell, Mayo, and Sheehan voting in favor
of the motion.
10. Presentation on State of the Court by Judge Marian Moseley.
Judge Marian Moseley addressed the Council regarding the status of the Court activities for the
past year. A copy of this document is on file in the City Secretary Department.
11. PUBLIC HEARING:
Discussion and consideration of proposed amendments to the City of Coppell
Home Rule Charter to be submitted to the voters on August 12, 1995.
Mayor Morton stated that Katy Bussy, David McCallum, Jim Still, Gary Daniels and Sherry
Booty from the Charter Review Commission were present to answer any questions posed to
them. Mayor Morton opened the Public Hearing and asked for those persons wishing to speak
regarding this proposal. Jerome Baker, 445 Cozby, addressed the Council concerning some
proposed amendments he has to the Charter. Consensus of Council was to aim for an August
12 election date. Mayor Pro Tern Robertson moved to hold the Public Hearing open until the
June 27, 1995 City Council Meeting. Councilmember Tunnell seconded the motion; the motion
carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Sturges, Watson,
Tunnell, Mayo, and Sheehan voting in favor of the motion.
12. PUBLIC HEARING:
Consideration and approval of $-1095, Baskin-Robbins, zoning change from
LI (Light Industrial) to LI-S.U.P. (Light Industrial, Special Use Permit, to
allow an ice-cream shop located in the Valley Ranch Center at the southeast
corner of MacArthur Boulevard and Beltline Road.
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 S-1095, Baskin-Robbins, zoning change from LI (Light Industrial) to LI-
S.U.P. (Light Industrial, Special Use Permi0, to allow an ice-cream shop located in the Valley
Ranch Center at the southeast corner of MacArthur Boulevard and Beltline Road.
Councilmember Mayo seconded the motion; the motion carried 7-0 with Mayor Pro Tern
Robertson and Councilmembers Alexander, Sturges, Watson, Tunnell, Mayo, and Sheehan
voting in favor of the motion.
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13. PUBLIC HEARING:
Consideration and approval of The Fairways at Riverchase, Replat of Lots
30-58, Block "A", to change the location of the 100-year FEMA Floodplain on
Lots 30 through 58, Block "A" located along the north side of Kingsmill Court
and Berkshire Lane.
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 the approve The Fairways at Riverchase, Replat of Lots 30-58, Block 'A", to change
the location of the 100-year FEMA Floodplain on Lots 30 through 58, Block "A' located along
the north side of Kingsmill Court an Berkshire Lane. Councilmember Tunnell seconded the
motion; the motion carded 7-0 with Mayor Pro Tem Robertson and Councilmembers Alexander,
Sturges, Watson, Tunnell, Mayo, and Sheehan voting in favor of the motion.
14. Consideration and approval of The Burch Addition, Lot 4, Block "A", Final
Plat, to allow development of an orthodontics clinic on property located at the
west side of Denton Tap Road, approximately 535 feet south of Bethel School
Road.
Gary Sieb, Director of Planning and Community Services, made a presentation to the Council.
Michael Carr made a presentation to the Council concerning bike trails. Mayor Pro Tem
Robertson moved to approve The Burch Addition, Lot 4, Block "A", Final Plat, to allow
development of an orthodontics clinic on property located at the west side of Denton Tap Road,
approximately 535 feet south of Bethel School Road with the hike and bike trail to be relocated
to the front of the property with the following conditions: 1) provision of an easement for
overhead electric utilities, as described previously, and subject to City Council approval of a
variance of the requirements of Appendix C Section of the Subdivision Ordinance; and 2)
revision of the site plan and landscape plan to show sewer easement on the north side of the lot
as a 20'-wide easement, on-site utility locations, fire hydrant easement and 15'-wide utility
easement as recommended by the Engineering Department. Councilmember Mayo seconded the
motion; the motion carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Alexander,
Sturges, Watson, Tunnell, Mayo, and Sheehan voting in favor of the motion.
15. Discussion and consideration of Mayoral appointments to City Council
standing committees and liaison responsibilities.
Mayor Pro Tem Robertson moved to approve the Mayoral appointments to City Council standing
committees and liaison responsibilities. Councilmember Watson seconded the motion; the
motion carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Sturges,
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Watson, Tunnell, Mayo, and Sheehan voting in favor of the motion. A roster of the
appointments is on file in the City Secretary Department.
16. Necessary action resulting from Executive Session.
A. Acceptance of a settlement agreement in the CED Construction, Inc. et
al vs. City of Coppell litigation.
Mayor Pro Tem Robertson moved that the Mayor and City Manager be authorized to proceed
with the settlement negotiations and execute an agreement in the CED litigation as discussed with
the City Attorney in Executive Session, in particular, with regard to the exhibits as to property
access. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro
Tern Robertson and Councilmembers Alexander, Sturges, Watson, Tunnell, Mayo, and Sheehan
voting in favor of the motion.
17. City Manager's Report
A. Discussion of Coppell Celebrates
A. City Manager Jim Witt announced that a report would be brought to Council on June 27,
1995 regarding the future of Coppell Celebrates Fun Fest.
B. City Manager Jim Witt stated that Tuesday, June 20, 1995 at 7:00 p.m. is the time set
to hold a public meeting regarding the Revised Comprehensive Master Plan.
C. City Manager Jim Witt advised that the Home Rule Charter Commission could not meet
until June 28, 1995 which would necessitate a November election.
18. Mayor's Report.
A. Mayor Morton inquired as to whether there were any questions regarding the Water
Payment Plan. There were none.
B. Mayor Morton advised that he attended the baseball game in Austin at his own expense
and no City funds were involved.
C. Mayor Morton responded to a letter from a citizen concerning the Mayor and City
Council instructing responses on Open Records Requests. Mayor Morton stated that if
any citizen felt that any City official was out of bounds, a complaint could be filed under
the Code of Conduct.
D. Councilmember Watson asked for consensus of Council regarding the landscape
ordinance and allowing flexibility regarding existing trees and simplifying items that are
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subject to varying interpretations. Mayor Morton suggested that this item be put on the
agenda for the June 27th meeting for discussion.
E. Mayor Morton asked that Councilmember Sturges attend a meeting at Paragon regarding
planning programming for Channel 15.
F. Mayor Morton announced that Lone Star Plywood and Door had moved into their
facility.
G. Mayor Morton advised that Rediform had negotiated their lease for another ten-year
period.
19. Liaison Reports.
YMCA Liaison -- Councilmember Sturges stated he had attended a planning meeting for the
upcoming sustaining drive.
Economic Development Partnership -- Councilmember Sheehan advised that there was a lot of
activity going on with this board, e.g. brand image, slogan, products to mail to brokers,
reception for brokers and developers, and budget.
Library Board -- Councilmember Sheehan announced that the board has had discussion
regarding the library hours and they will conduct a telephone survey to ascertain the wishes of
the citizens. The library is also looking at a disruptive patron policy as some complaints had
been received regarding children. The library registered 1,932 patrons this month for library
cards as opposed to 189 last May. As of June 1st there were 3,156 patrons registered.
There being no further business to come before the City Council, the meeting was adjourned.
Tom Morton, Mayor
ATTEST:
Linda Grau, City Secretary
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