CM 1995-07-11 MINUTES OF JULY 11, 1995 ~-~
The City Council of the City of Coppell met in Regular Called Session on Tuesday, July 11,
1995 at 6:00 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard,
Coppell, Texas. The following rnernbers were present:
Tom Morton, Mayor
Ron Robertson, Mayor Pro Tern
Norrn Alexander, Councilrnernber
Chuck Sturges, Councilrnernber
Danny L. Watson, Councilmernber
Marsha Tunnell, Councilrnernber (late arrival)
Lanny Mayo, Councilrnernber
Candy Sheehan, Councilrnernber
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.
Councilmernber Tunnell arrived prior to Executive Session.
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation with City
Attorney.
1. Threatened litigation by Wiseco Land Development regarding
Coppeli Municipal Utility District No. 1.
B. Section 551.072, Texas Government Code - Deliberation regarding real
property.
1. Land acquisition - Park and Fire.
Mayor Morton convened into Executive Session at 6:07 p.m. as allowed under the above-stated
article. Mayor Morton adjourned the Executive Session at 6:49 p.m. and opened the Work
Session.
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WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion of Sections 31, 34 and 42 of the Zoning Ordinance, with
regard to parking and landscape requirements.
B. Discussion of Ordinance amending Chapter 2 of the Code of Ordinances
regarding Boards and Commissions and their bylaws.
C. Discussion of letter from the Mayor and Council to Paragon Cable.
D. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Reconvene Regular Session.
5. Invocation.
Mayor Pro Tem asked those present to bow their heads for a moment of silence.
6. Pledge of Allegiance.
Mayor Morton led those present in the Pledge of Allegiance.
7. Citizen's Appearances.
A. Ed Caldwell, 601 Shadowcrest, read to Council a letter he had received from Jeff Jones,
Fire Marshall, regarding the fire at the high school. Mr. Caldwell expressed his concern
over the lack of interrogation of witnesses and thanked Kent Moore for his article in the
newspaper.
B. Bill York, 140 Deann, addressed Council concerning the lighting of the ball fields at
Andrew Brown Park East. Mr. York advised that for the first time this year players had
to be turned away because of lack of facilities.
C. Kent Moore, 400 Southwestern, spoke with Council concerning the current status of the
city and where the city is going.
8. City Manager's Report.
A. Presentation of citizen request regarding Home Rule Charter
Committee.
A. City Manager Jim Witt discussed a letter received from Jerry Baker concerning the Home
Rule Charter Committee and the charter review process.
B. City Manager Jim Witt advised Council that the City should notify the Farmers Branch
Chamber of Commerce that the yearly triathlon cannot be allowed to continue on Beltline
Road due to the increase in traffic and due to the fact that an automobile/bicycle collision
occurred this year. Consensus of Council was to forward a letter to Farmers Branch
Chamber of Commerce.
9. Presentation of first ever City of Coppell Innovation Award to Sergeant
Michael Browne of our Police Department.
Mayor Morton presented a plaque and check to Sergeant Michael Brown for the first City of
Coppell Innovation Award.
CONSENT AGENDA
10. Consider approval of the following consent agenda items:
A. Minutes of: June 27, 1995.
B. Consideration and approval of a request to temporarily close Burns
Street and Hammond Street to allow for repairs to be made.
C. Consideration and approval of a variance to Section 10-54(11) of the -
Sign Ordinance to allow the erection of a temporary banner sign until
September 30, 1995, to advertise the sale of fresh produce. This
variance is being requested by Mr. Joe Bob Fikes for the property
located at 794 S. Denton Tap Road, known as North Lake Nursery and
Landscaping Company.
D. Consideration and approval of the Greater Dallas-Fort Worth Regional
Law Enforcement Interlocal Assistance Agreement and authorizing the
Mayor to sign.
E. Consideration and approval of an Interlocal Agreement with the City
of Lewisville to provide for the use of the Lewisville 800 Megahertz
Radio gystem and the Coppell Mobile Data Communications System.
Mayor Pro Tem Robertson moved to approve Consent Agenda Items 10 A, B, C, D and E.
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.
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11. PUBLIC HEARING: Consideration and approval of proposed amendments
to the City of Coppell Home Rule Charter.
The Public Hearing remained open from the June 27, 1995 Council meeting. Mayor Morton
asked for those persons wishing to speak regarding this proposal. Kent Moore, 400
Southwestern; Jerry Baker, 445 Cozby; and Joe Shirley, 582 Villawood addressed the Council.
Katy Bussy, Chairman of the Charter Review Committee, addressed several of the issues brought
up by the previous speakers. Councilmember Watson expressed his concerns regarding the
three-year terms. Councilmember Sheehan requested comments from the City Attorney and
Staff concerning the time constraints on having documents ready for meetings. City Attorney
Peter G. Smith discussed the process of having documents ready for the meetings. City
Secretary Linda Grau informed those present that Council packets are available at the library on
Friday before the Council meetings. Discussion was held regarding the number required for a
quorum. After discussion, Councilmember Sheehan moved to hold the Public Hearing open
until the August 8, 1995 meeting. 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.
Items 16, 17 and 18 were considered at this time. See Items 16, 17 and 18 for minutes.
At this time, a short recess was held.
12. PUBLIC HEARING: Consideration and approval of PD-136, D/FW Trade
Center, zoning change from A (Agriculture) to PD (Planned Development), for
property located on State Highway 121 North.
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
regarding this proposal. There were none. Mayor Pro Tern Robertson moved to close the
Public Heating and approve Item 12 being PD-136, D/FW Trade Center, zoning change from
A(Agriculture) to PD (Planned Development), for property located on State Highway 121 and
Item 13 being approval of Ordinance No. 91500-A-92 for Case No. PD-136 (D/FW Trade
Center) to change the zoning from A (Agriculture) to PD (Planned Development for Commercial
and Industrial zoning district uses) with special conditions, on a 63.141 acre tract located on
State Highway 121 North, and authorizing the Mayor to sign; and Item 14 being approval of
D/FW Trade Center, Preliminary Plat, for a 63.141 acre tract located on State Highway 121
North and to direct that the Planning and Zoning Commission have approval of the final plat.
Councilmember Sheehan 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.
13. Consideration and approval of an Ordinance for Case No. PD-136 (D/FW
Trade Center), to change the zoning from A (Agriculture) to PD (Planned
Development for Commercial and Industrial zoning district uses) with special
conditions, on a 63.141 acre tract of land located at 5000 State Highway 121
North, and authorizing the Mayor to sign.
This item was considered under Item 12. See Item 12 for minutes.
14. Consideration and approval of D/FW Trade Center, Preliminary_ Plat, for a
63.141 acre tract located on State Highway 121 North.
This item was considered under Item 12. See Item 12 for minutes.
15. PUBLIC HEARING: Consideration and approval of Stonemeade Estates,
Replat of Lots 10 and 11, Block "A", to change the rear lot line on the two
properties, located at the intersection of Garden Grove and Flintshire Way.
Mayor Morton opened the Public Hearing and asked for those persons wishing to speak
regarding this proposal. There were none. Mayor Pro Tern Robertson moved to close the
Public Hearing and approve Stonemeade Estates, Replat of Lots 10 and 11, Block "A", to
change the rear lot line on the two properties, located at the intersection of Garden Grove and
Flintshire Way with the condition that a "hold harmless" agreement needs to be given by the
applicant and approved by the City Engineer; and to direct that the Planning and Zoning
Commission have approval of the final plat. Councilmember Sturges 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.
16. PUBLIC HEARING: Consideration and approval of amendments to Sections
31, 34, 42, and Appendix 1 through 5 of the City of Coppell Zoning
Ordinance with regard to parking and landscape requirements.
Mayor Morton opened the Public Hearing and asked for those persons wishing to speak
regarding this proposal. There were no persons signed up to speak. Mayor Pro Tern Robertson
moved to hold the Public Hearing open until the August 8, 1995 Council meeting.
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.
17. Consideration and approval of Town Center, Lot 1, Block 1, Preliminary Plat,
located at the northeast corner of Denton Tap Road and Sandy Lake Road.
Gary Sieb, Director of Planning and Community Services, made a presentation to the Council
and stated that all four conditions have been met. Mike Shipman, Applicant, addressed Council
regarding the tree issue and reiterated their desire to save as many trees as possible. Ken
Griffin, Assistant City Manager/City Engineer, was asked for reports to certify that tree
preservations are met. Bill Anderson, representing the Applicant, spoke to Council regarding
the trees. Councilmember Alexander addressed the protection and flagging of trees to be saved.
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Mayor Pro Tem Robertson moved to approve Town Center, Lot 1, Block 1, Preliminary Plat,
located at the northeast corner of Denton Tap Road and Sandy Lake Road provided that the four
conditions have been met and to direct that the Planning and Zoning Commission have approval
of the final plat. Councilmember Sturges seconded the motion; the motion carried 6-1 with
Mayor Pro Tem Robertson and Councilmembers Alexander, Sturges, Watson, Mayo, and
Sheehan voting in favor of the motion, and Councilmember Tunnell voting against the motion.
18. Consideration and approval of Town Center, Lot 2, Block 1, Preliminary Plat,
located on the east side of Denton Tap Road, approximately 523' north of
Sandy Lake Road.
Gary Sieb, Director of Planning and Community Services, made a presentation to the Council.
Councilmember Watson inquired regarding the buffer, the windmill, and parking spaces. Tim
West, representing Wendy's addressed the Council concerning the building design. The
Applicant agreed to have the plat state that 10' landscape buffers will be provided on the north,
south and east sides of the plat and that there will be no variance requested on the buffers.
Mayor Pro Tem Robertson moved to approve Town Center, Lot 2, Block 1, Preliminary Plat,
located on the east side of Denton Tap Road, approximately 523 feet north of Sandy Lake Road
with the following conditions: 1) correction of parking space size and peripheral buffer widths
if changes in the current requirements do not occur; 2) placement of the monument sign no
closer to the north or south property line than 75 feet; 3) relocation either of the existing fire
hydrant or of the proposed exit drive to Denton Tap Road and revision of the drawings so that
the site plan and landscape plan are consistent as to location and configuration of the driveway;
4) provision of green space between the dumpster site and the first diagonal parking space; and
5) provision of an easement for the proposed off-site sanitary sewer line and provided that the
note at the top of the plat state that all the 10-foot set-back requirements will be met and no
variances will be requested from the Board of Adjustments, a copy of the color rendering of the
exterior of the building be attached to the plat as Exhibit A, and that Planning and Zoning will
have final plat approval. Councilmember Alexander seconded the motion; the motion carded
7-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Sturges, Watson, Tunnell,
Mayo, and Sheehan voting in favor of the motion.
19. Consideration and approval of a recommendation by the Telecommunications
Board requesting Council to communicate written objection to Paragon Cable
regarding bleedover of transmission programming without subscribers'
consent.
City Attorney Peter G. Smith addressed the Council with a proposed letter to be sent to Paragon
Cable. Councilmember Sturges moved to approve the recommendation of the
Telecommunications Board and authorize the sending of the proposed letter with corrections
noted to Paragon Cable with a copy to the Federal Communications Commission.
Councilmember Alexander seconded the motion; the motion carried 6-1 with Mayor Pro Tem
Robertson and Councilmembers Alexander, Sturges, Watson, Mayo, and Sheehan voting in favor
of the motion, and Councilmember Tunnell voting against the motion.
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EXECUTIVE SESSION (Closed to the Public)
Section 551.071, Texas Government Code - Consultation with City Attorney.
Mayor Morton convened into Executive Session at 9:24 p.m. as allowed under the above-stated
article. Mayor Morton adjourned the Executive Session at 9:36 p.m. and opened the Regular
Session.
REGULAR SESSION (Open to the Public)
20. Consideration of requests by John Robinson for a City Council investigation
into various matters.
City Attorney Jim Witt asked that Council decline two investigations pertaining to the John
Robinson matter. Mr. Witt suggested that he and Police Chief David Miller meet with Mr.
Robinson to identify his specific concerns regarding outstanding issues with the City and try and
resolve those issues. City Attorney Peter G. Smith also stated that his office was available to
meet with Mr. Robinson if necessary.
21. Necessary action resulting from Executive Session.
No action was necessary under this item.
22. Mayor's Report.
A. Mayor Morton commented on the number of applications received to date applying for
a position on a Board/Commission/Committee and asked for a consensus of Council to
continue the advertising for an additional two weeks with a deadline of Friday, July 28,
1995. Council gave consensus to do so.
B. Mayor Morton advised that he had received a letter from Council of Governments
concerning the telecommunications industry. Consensus of Council was to have Gary
Sieb, Director of Planning and Community Services, draft a letter to be sent in
opposition to items in COG's letter.
C. Mayor Morton stated that Council needed to pay close attention to the attendance lists
for the Boards and Commissions.
D. Councilmember Sturges inquired as to whether the FCC ruling on satellite dishes would
supersede deed restrictions.
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23. Liaison Reports.
Keep Coppell Beautiful -- Councilmember Tunnell advised she had attended a meeting and
several projects were under way, e.g. a corporate and school recycling program and a t-shirt to
be used as a fundraiser.
Finance Committee -- Mayor Pro Tem Robertson stated that the Finance Committee would meet
on July 11, 1995 and begin the budget process.
Councilmember Alexander commented on the work session which was held on July 7 and 8 and
stated he felt the session was very productive but he felt there needed to be a closure to it.
Councilmember Alexander asked that the high-high's from last year be taken and merged with
the goals of the directors for this year. Council discussed possible dates for the meeting,
however no date was set.
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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