CM 1995-08-08 MINUTES OF AUGUST 8, 1995
The City Council of the City of Coppell met in Regular Called Session on Tuesday, August 8,
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 (late arrival)
Norm Alexander, Councilmember
Chuck Sturges, Councilmember
Danny L. Watson, Councilmember
Marsha Tunnell, Councilmember
Lanny Mayo, Councilmember (late arrival)
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 Work Session.
WORK SESSION (Open to the Public)
2. Convene Work Session
A. Presentation regarding tree preservation, by Mr. Harold Speigel.
Mayor Pro Tem Robertson and Councilmember Mayo arrived during Work Session.
Mayor Morton adjourned Work Session and convened into Executive Session.
EXECUTIVE SESSION (Closed to the Public)
3. Convene Executive Session
A. Section 551.071, Texas Government Code -Consultation with City
Attorney.
-- 1. CED Construction, Inc. et al vs. The City of Coppell, et al.
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Mayor Morton convened into Executive Session at 6:20 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.
WORK SESSION (Open to the Public)
4. Convene Work Session
A. Discussion of amendments to Home Rule Charter.
B. Discussion of interview dates for Board and Commission applicants and
setting date for reception.
C. YMCA Joint Use Agreement.
D. Review of agenda items.
REGULAR SESSION (Open to the Public)
5. Reconvene Regular Session.
6. Invocation.
Councilmember Watson 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. David McCallum, 316 Parkview Place, addressed the Council concerning parking
ordinance and screening walls, and the Park Plan.
B. Ed Caldwell, 601 Shadowcrest, discussed a summons from the Municipal Court, an
original petition against this son and various allegations against this son.
C. Jim Still, 726 Oriole Lane, expressed his disappointment regarding the grant fund on the
park land on the east side of the City and discussed the bike routes.
D. Ed Thomas, 721 Greenway Drive, addressed thc Council regarding the grant fund on the
park land on the east side and asked Council to reconsider.
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E. Rick Rushing, 304 Parkview, thanked Council for increasing the size of the berm
adjacent to the parking lot at Kid Country and asked Council to push back the lighting
issue for a couple of years.
F. Ruben Flores, 300 Parkview, also thanked Council for the berm at Kid Country,
discussed the lighting issue and called Council's attention to some maintenance needed
on his street in front of his home.
G. David Porter, 148 Meadowglen, asked Council to reconsider and approve the application
for the park grant to purchase property at the corner of Sandy Lake and Moore Road for
a park.
H. Roger Turnham, 328 Parkview Place, discussed Andrew Brown East and the Park Plan
lighting.
CONSENT AGENDA
9. Consider approval of the following consent agenda items:
A. Minutes of: July 25, 1995
B. Consideration and approval of a Resolution directing publication of
notice of intention to issue Combination Tax and Revenue Certificates
of Obligation, Series 1995A, in the principal amount of $2,830,000 for
the purpose of constructing, improving and equipping Fire Stations 1,
2 and 3, and acquiring a fire truck, and constructing and improving the
City's streets, and for paying legal, fiscal architectural and engineering
fees in connection with this project, and authorize the Mayor to sign.
C. Consideration of approving a resolution in support of funding by the
Texas Transportation Commission for the S.H. 121 Bypoos as proposed
in the Draft 1996 Transportation improvement Plan and authorizing the
Mayor to sign.
D. Consideration and approval of a resolution in support of Denton
County's proposed new courts building and juvenile justice facility
expansion projects, and authorizing the Mayor to sign.
E. Consideration and approval of a proclamation naming August 1995 as
OZONE AWARENESS MONTH, and authorizing the Mayor to sign.
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F. Consideration and approval of the certification of the 1995 anticipated
collection rate for the period of July 1, 1995 through June 30, 1996 and
the amount of excess debt collections during the period of July 1, 1994
through June 30, 1995.
G. Consideration of awarding contract to Mid South Construction for the
construction of Fire Station No. 1 to be located at 520 Southwestern in
an amount not to exceed $879,348, and authorizing the Mayor to sign.
H. Consideration and approval to award Bid #Q-0695-3 for the renovation
of eleven (11) game fields to Great Greens of America, Inc. in the
amount of $101,250.00.
I. Consideration and approval to reject Bid #Q-0595-02 received for
Sanitary Sewer Improvements for Grapevine Creek III & IV and Bethel
Road SS 94-02.
J. Consideration and approval to reject Bid #Q-0795-02 for ADA
Renovations/Alterations to City facilities. This item should be
considered a "No Bid."
Mayor Pro Tem Robertson moved to approve Consent Agenda Items A, B carrying Resolution
No. 080895.1, C carrying Resolution No. 080895.2, D carrying Resolution No. 080895.3, E,
F, G, H, I and J. 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.
10. Consideration of a variance to Section 9-7-1 D. (Exhibit B) of the City of
Coppell Code of Ordinances requiring standing seam metal roofing to have a
minimum slope of 5 inches in 12 inches, to reduce the slope to 3 inches in 12
inches. This variance is being requested by Mr. Fehmi Karahan for the/Etna
medical office building located at Riverchase Plaza.
Greg Jones, Chief Building Official, made a presentation to the Council. Mr. Karahan,
Applicant, addressed the Council and announced that the 3 to 12 in the letter was in error and
wished to request 21/: to 12. Mayor Pro Tem moved to approve a variance to Section 9-7-1 D.
(Exhibit B) of the City of Coppell Code of Ordinances requiring standing seam metal roofing
to have a minimum slope of 5 inches in 12 inches, to reduce the slope to 21/2 inches in 12
inches. Councilmember Sturges seconded the motion; the motion carried 5-2 with Mayor Pro
Tem Robertson and Councilmembers Alexander, Sturges, Mayo, and Sheehan voting in favor
of the motion and Councilmembers Watson and Tunnell voting against the motion ....
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11. Consideration and approval to award partial Bid #Q!-0595-3 for the removal
and disposal of (1) one 1,000 gallon fuel tank located at Fire Station #1 to
United Pump Supply in the minimum amount of $6,800.00.
Councilmember Mayo moved to award partial Bid #Q-0595-3 for the removal and disposal of
(1) one 1,000 gallon fuel tank located at Fire Station #1 to United Pump Supply in the minimum
amount of $6,800.00. Councilmember Alexander 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. Consideration and approval of a proclamation naming Saturday, August 12,
1995 as COPPELL EAGLE SCOUT APPRECIATION DAY, and authorizing
the Mayor to sign.
Mayor Morton stated that our community has one of the highest percentages of Eagle Scouts in
the country. Mayor Morton read and presented the Proclamation. Councilmember Mayo moved
to approve a proclamation naming Saturday, August 12, 1995 as COPPELL EAGLE SCOUT
APPRECIATION DAY, and authorize the Mayor to sign. 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.
13. PUBLIC HEARING (CONTINUATION): Discussion and consideration of
proposed amendments to the City of Coppell Home Rule Charter.
This item was postponed and discussed after Item 21. Mayor Morton opened the Public Hearing
and asked for those persons wishing to speak against the proposed amendments as submitted by
the Home Rule Charter Commission. Those persons speaking were Bill Anderson, 327
Tanglewood Lane. Mr. Anderson referred to a letter submitted to Council from his Engineering
Firm of Dowdey, Anderson and Associates, Inc. expressed their concerns related to Section
11.06 B "Conflict of Interest." Walter Pettijohn, 525 Oak Grove, expressed his concerns
regarding Section 4.07 City Attorney - C-4 and 5, terms of office, the City Manager having the
authority to abolish --departments and was not in favor of continuing a roll call vote. Mr. Joe
Shirley, 582 Villawood, expressed his concerns related to the hiring of attorneys, and Section
3.13-B - providing proposed ordinances to the Council and the public concurrently, allowing the
City Manager to change, create and abolish departments, and terms of office. Mayor Morton
then asked for those speaking in favor of the proposed changes. There were none. Following
review of the proposed propositions, it was consensus of Council to propose the following
changes to the Home Rule Charter as submitted to Council in their packet and available to the
public.
Section 2.02 Leave as submitted
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Section 3.01 A - Change to 2 year terms _
B - Change paragraph to reflect Councilmembers Place 1, 3, 5 and 7 to be elected
in even numbered year and Mayor, Place 2, 4 and 6 to be elected in odd
numbered year (Pete Smith, City Attorney will prepare paragraph)
Section 3.03 Leave as submitted
Section 3.04 Leave as submitted
Section 3.05 Leave as submitted
Section 3.06 B - Delete No. 5
C - This section will be prepared by Pete Smith, City Attorney
Section 3.08 B - Leave as submitted
Section 3.10 Leave as submitted
Section 3.11 A - Leave as submitted
B Delete submitted portion and add to the original paragraph .... as an
affirmative in "favor of the prevailing motion" in the official minutes ........
Section 3.12 B - Leave original wording - delete change ....
Section 3.13 B - Leave as submitted
Section 4.01 B - Leave as submitted
C-1 - l.eave as submitted
Section 4.05 Leave as submitted
Section 4.07 C - Delete No. 4 and 5
D - Leave as submitted
Delete "F"
Section 4.08 B - Leave as submitted
Section 4.11 Leave as submitted
Section 5.03 C - Leave as submitted
Section 6.01 Leave as submitted
Section 6.02 Change to read not less than 25 qualified voters leave remainder as submitted ....
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Section 6.05 Leave as submitted
Section 6.12 Leave as submitted
Section 6.15 Leave as submitted
Section 7.03 A-10 - Leave as submitted
Article 8 Leave as submitted (heading)
Section 8.02 Leave as submitted
Section 8.03 Leave as submitted (heading)
E - Leave as submitted
F - Delete "1986" leave remainder as submitted
Section 9.02 B-2 and 3 - Leave as submitted
Section 11.03 Leave as submitted
Section 11.05 Leave as submitted
Section 11.06 Change heading to read "A professional consultant of the city shall not:"
End sentence with .......duty to the city.
B - Delete paragraph
C - Delete paragraph
Section 11.09 Leave as submitted
All references to a particular gender will be changed by Pete Smith, City Attorney. All sections
of the Home Rule Charter referring to Article 970a, V.A.C.S. will read .... in the manner
provided by state law.
Councilmember Mayo moved to hold the Public Hearing Open until August 22, 1995.
Councilmember Tunnell seconded the motion; motion carried 7-0 with Mayor Pro Tem
Robertson, Councilmember Alexander, Sturges, Watson, Tunnell, Mayo and Sheehan voting in
favor of the motion.
14. PUBLIC HEARING: Consideration and approval of S-1096, N.Y. Bagel
Company, zoning change from LI (Light Industrial) to LI-S.U.P. (Light
Industrial, Special Use Permit), on property located in the Valley Ranch
Center at the southeast corner of MacArthur Boulevard and Beltline Road.
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Gary Sieb, Director of Planning and Community Services, made a presentation to Council and
addressed Councilmember Tunnell's concerns regarding public restrooms. Joe Macchio,
Applicant, addressed the Council and answered questions. 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-1096, N.Y.
Bagel Company, zoning change from LI (Light Industrial) to LI-S.Id.P. (Light Industrial, Special
Use Permit), on property located in the Valley Ranch center at the southeast corner of
MacArthur Boulevard and Beltline Road subject to the site plan and following conditions: 1)
the hours of operation will be from 6:00 a.m. to 6:00 p.m. Monday through Saturday and 6:00
a.m. to 3:00 p.m. on Sunday; 2) a minimum of 11 parking spaces will be provided; and 3) the
exterior attached sign will be less than 17 square feet. 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.
15. PUBLIC HEARING: Consideration and approval of S-1097, Coppell Mobile
Cell Site, zoning change from LI-S.U.P. (Light Industrial, Special Use Permit)
to LI-S.U.P (Light Industrial, Special Use Permit), on property located on the
east side of Royal Lane, approximately 990 feet south of Thweatt Road.
Gary Sieb, Director of Planning and Community Services, made a presentation to the Council.
William Cothrum, Applicant, addressed 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 S-1094, Coppell
Mobile Cell Site, zoning change from LI-S.U.P (Light Industrial, Special Use Permit) to LI-
S.U.P. (Light Industrial, Special Use Permit), on property located on the east side of Royal
Lane, approximately 990 feet south of Thweatt Road. Mayor Pro Tem Robertson 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.
16. PUBLIC HEARING: Consideration and approval of Freeport North, Replat
of Lots 1-5, to create Lots 1-5 and change the alignment of Creekview Drive
between Lots 4 and 5, on property located at Royal Lane and Creekview
Drive.
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 and approve Freeport North, Replat of Lots 1-5, to create Lots 1-5 and change the
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alignment of Creekview Drive between Lots 4 and 5, on property located at Royal Lane and
Creekview Drive. 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.
At this time Item 18 was considered. See Item 18 for minutes.
A short recess was held at this time.
17. PUBLIC HEARING: Consideration and approval of amendments to Sections
31, 33, 34, 42, and Appendix 1 through 5 of the City of Coppell Zoning
Ordinance with regard to parking and landscape requirements.
Pert Vertanen, Assistant Planning Director, made a presentation to the Council and explained
two additional amendments being 1) redrafted landscape guidelines relative to edge and planter
island locations, and 2) additional landscape screening between residential and non-residential
uses. 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 Watson moved to approve
amendments to Sections 31, 33, 34, 42, and Appendix 1 through 5 of the City of Coppell
Zoning Ordinance with regard to parking and landscape requirements. 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.
18. Consideration and approval of Town Center, Lot 3, Block 1, Preliminary Plat,
on property located on the east side of Denton Tap Road, approximately 1,035
feet north of Sandy Lake Road.
Gary Sieb, Director of Planning and Community Services, made a presentation to the Council.
Bill Anderson, representing the Applicant, addressed the Council and discussed the preservation
of the trees on the site. Mayor Pro Tem Robertson moved to approve Town Center, Lot 3,
Block 1, Preliminary Plat, on property located on the east side of Denton Tap Road,
approximately 1,035 feet north of Sandy Lake Road with the following conditions: 1) Provision
of the exact location of the following trees, as well as disposition of those trees (sound or not):
1 pecan in excess of 24" caliper, 1 oak in excess of 30" caliper, 3 elms in excess of 16" caliper,
2 elms in excess of 12" caliper each of which are within 3' of a larger elm and a fight and
highly unusual cluster of 9 hackberries each over 8" in caliper; 2) dedication of the full width
of all adjoining public street rights-of-way; 3) notation of existing right-of-way width on Denton
Tap Road and Parkway Boulevard and provision of visibility triangles at points of ingress and
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egress; 4) revision of the site plan to eliminate the seven (7) parking spaces on the south side
of the building (which they may wish to go before the Board of Adjustment at some future date
if it is felt that additional parking spaces are needed at this site); to show total stacking spaces
for motor bank; to provide 11' of right-of-way for a deceleration lane; to show brick pavers at
street and driveway intersection with Denton Tap Road, and to preserve as many of the move
significant existing trees as possible; 5) provision of a preliminary irrigation layout on the
landscape plans; and 6) there will be no clearing of the site and also approve 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
Watson 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.
19. Consideration and approval of the City-Wide Trails System Master Plan as
recommended by the Parks and Recreation Board.
Rick Wieland, Parks Development Coordinator, made a presentation to the Council. Mayor Pro
Tern Robertson moved to approve the City-Wide Trails System Master Plan as recommended
by the Parks and Recreation Board with the provision that a provision be placed on the front
stating that the plan is conceptual only and will not be built until funds become available.
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.
20. Consideration and approval to amend the Five-Year Action Plan of the Parks,
Recreation and Open Space Master Plan, as recommended by the Parks and
Recreation Board.
Rick Wieland, Parks Development Coordinator, made a presentation to the Council. Bill
Markham, 200 Heather Glen, addressed the Council. Councilmember Watson moved to amend
the Five-Year Action Plan of the Parks, Recreation and Open Space Master Plan, as
recommended by the Parks and Recreation Board with the modification that the caption be
changed to Parks and Recreation Open Space Conceptual Master Plan and with the provision that
a provision be placed on the front stating that the plan is conceptual only and will not be built
until funds become available. 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.
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21. Consideration and approval of a vote to propose a tax rate increase to $.6895.
Chad Beach, Tax Collector, made a presentation to the Council. Mayor Pro Tem Robertson
moved to a vote to propose a tax rate increase to $.6895. 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. The Public
Hearing will be held on September 12 and the adoption of the tax rate would be September 26,
1995.
The continuation of the Public Hering of proposed amendments to the City of Coppell Home
Rule Charter were discussed at this time. See Item 13 for minutes and proposed changes.
22. Necessary action resulting from Executive Session.
There was no action necessary under this item.
23. City Manager's Report.
The City Manager had nothing to report.
24. Mayor's Report.
A. Mayor Morton discussed a Tax Abatement Policy which has been brought forward.
B. Mayor Morton stated that Councilmembers should have received a copy of a letter from
Paragon Cable in response to the City's letter regarding programming.
C. Mayor Morton advised that C-Span 1 and 2 would be going to Channels 95 and 96.
D. Mayor Morton stated a letter had been received regarding rerouting of turboprop
airplanes.
25. Liaison Reports.
Councilmember Sheehan inquired as to the timeframe for the completion of Bethel School Road.
Ken Griffin, Assistant City Manager/City Engineer, stated that the road will be delayed in
reopening due to a water line problem.
--- Councilmember Sheehan also addressed the issue of a possible sidewalk to Vista Ridge.
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Finance Committee -- Mayor Pro Tem Robertson advised that the Finance Committee had met
and discussed the possible tax increase.
Office on Senior Adult Services -- Mayor Pro Tem Robertson announced that their annual gold
tournament would be held September 17 and 18 and that the Office on Senior Adult Services was
looking into setting up an advisory board.
Park Board -- Councilmember Mayo stated the Park Board had met and the proposals were
brought to this Council meeting. Councilmember Watson announced that possible sports
complex sites and neighborhood parks were discussed.
YMCA -- Councilmember Sturges advised that the YMCA Board was conducting a long-range
planning process.
Councilmember Sturges complemented Deena Reeves of the CISD School Board on her
presentation regarding the school board's position on tax abatement.
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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