CM 1995-08-22 MINUTES OF AUGUST 22, 1995
The City Council of the City of Coppell met in Regular Called Session on Tuesday, August 22,
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
Marsha Tunnell, Councilmember
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 Pro Tem Robertson 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. Julya Billhymer vs. City of Coppell, Texas, et al.
2. Threatened litigation by Wiseco Land Development regarding
Coppell Municipal Utility District No. 1
B. Section 551.072, Texas Government Code Deliberation regarding real
property.
1. Potential right-of-way acquisition on Thweatt Road.
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 7:04 p.m. and opened the Work
Session.
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WORK SESSION (Open to the Public)
3. Convene Work Session
A. Tax Abatement Policy revisions.
B. Time Warner Cable and Federal Communications Commission
proposed Social Contract.
C. Presentation by the YMCA regarding future plans at Town Center and
discussion of Joint Use Agreement.
D. Review of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Reconvene Regular Session.
5. Invocation.
Councilmember Tunnell led those present in the Invocation.
6. Pledge of Allegiance.
Mayor Morton led those present in the Pledge of Allegiance.
7. Address by Chief of Police to Mayor and Council regarding the Catherine
Casler Homicide.
David Miller, Police Chief, updated the Council and Citizens regarding the murder of Catherine
Casler and read a letter written by her neighbors. Chief Miller announced that he would be
holding a press conference on Wednesday, August 23, 1995 at 10:00 a.m. regarding the status
of the case. Mayor Morton read a letter received by the Police Department by a Coppell citizen.
8. Citizen's Appearances.
There were no citizens signed up to speak under this item.
CONSENT AGENDA
9. Consider approval of the following consent agenda items:
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A. Minutes of: August 8, 1995
B. Consideration of accepting the resignation of George Nichols, Alternate
Commissioner on the Board of Adjustment.
C. Consideration of a resolution adopting a Financial Investment Policy for
the City of Coppell.
D. Consideration and approval of a policy titled "Library Facilities Policy."
E. Consideration and approval of the "Library Meeting Room Policy."
F. Consideration to endorse the proposed Social Contract between Time
Warner Cable and the Federal Communications Commission.
G. Consideration and approval of an emergency spill response/cleanup
contract between the City of Coppell and EmTech Environmental
Services, Inc., in the event of a hazardous materials spill/cleanup, and
authorizing the Mayor to sign.
__ H. Consideration and approval for awarding Bid Q-0695-02 for the
purchase of Water/Wastewater System Materials in an amount not to
exceed $45,000.00 to the Metro Valve and Pipe of Dallas, Texas.
I. Consideration and approval of Joint Use Agreement with the Coppell
branch of the YMCA for town center property; and authorizing the
Mayor to sign.
Items 9 E, F and I were pulled for further consideration.
Items 9 A, B, C, D, G, and H --
Mayor Pro Tem Robertson moved to approve Consent Agenda Items 9 A, B, C carrying
Resolution No. 082295.1, D, G and H. Councilmember Sturges 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 had questions regarding emergency situations and the need for a
meeting room. Judi Biggerstaff, Library Director, made a presentation to the Council.
Councilmember Sheehan moved to approve the Library Meeting Room Policy with the addition
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on Number 11 regarding emergency situations. 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.
Item 9 F --
Councilmember Sheehan had reservations regarding this item due to the time frame involved.
Steve Goram stated that Buz Nesbitt with Paragon was willing to make a presentation to the
Council. Mr. Nesbitt discussed services and rate increases once a year every five years. The
Telecommunications Board felt there was not enough time to review the document and
recommended denial by Council and asked Council to request an extension from the FCC.
September 5, 1995 is the deadline for the agreement. Councilmember Sturges moved to go on
record negatively if the FCC does not grant an extension by August 29, 1995. Councilmember
Sheehan seconded the motion; the motion carried 7-0 with Mayor Pro Tem Robertson and
Councilmembers Alexander, Sturges, Watson, Mayo, and Sheehan voting in favor of the motion
and Councilmember Tunnell abstaining. Councilmember Tunnell's abstention counted as a vote
in favor of the motion, per the Home Rule Charter, Section 3.1 lB.
Item 9 I --
Becky Garcia, Executive Director of the YMCA, addressed questions and concerns of the
Council. Kenneth Cox, Coppell YMCA Chairman of the Board, addressed the Council and the
joint use agreement. After lengthy discussion, Mayor Pro Tem Robertson moved to approve ....
a conceptual agreement between the City of Coppell and the YMCA on a Joint Use Agreement
with the stipulation that the City staff and YMCA staff work through the agreement to add
wordage of an annual review and that the joint use would include a swimming pool, meeting
rooms, child care facilities, etc. and would include a split on the amount of money to carry the
land; and bring the final agreement back to the City Council for approval. Councilmember
Sheehan 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.
A recess was held at this point.
10. PUBLIC HEARING (Continuation): Discussion and consideration of proposed
amendments to the City of Coppell Home Rule Charter.
This Public Heating remains open from the August 8, 1995 City Council meeting. Joe Shirley,
582 Villawood Lane addressed the Council regarding his opposition to Section 4.07 D regarding
Special Counsel. Walter Pettijohn, 525 Oak Grove, spoke to the Council regarding Section 4.07
and Section 4.05. Consensus of Council was to delete 4.07 D and add 4.07 F back in and a
division on the question was approved for Section 11.06. After discussion, Mayor Pro Tern
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Robertson moved to close the Public Heating and approve Ordinance No. 95709 calling for an
election on the proposed amendments to the Home Rule Charter, for November 7, 1995 and
authorizing the Mayor to sign subject to the division of the question on Section 11.06 and with
the changes to Section 4.07. Councilmember Sheehan 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.
Mayor Pro Tem Robertson moved to approve Section 11.06, as presented, of the Home Rule
Charter for its inclusion on the election to be held November 7, 1995 and authorizing the Mayor
to sign. Councilmember Mayo 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.
11. Consideration and approval of an Ordinance calling for an election, on the
proposed amendments to the Home Rule Charter, for November 7, 1995; and
authorizing the Mayor to sign.
This item was considered under Item 10. See Item 10 for minutes.
12. PUBLIC HEARING: Consideration and approval of Case No. ZC-573(CH)
zoning change from SF-0 (Single Family-Zero Lot Line) to PD-137 (Planned
Development), in the Raintree Village Addition, located on the east side of
MacArthur Boulevard, south of DeForest Road.
Mayor Pro Tern Robertson requested the Public Hearings on Items 12 through 21 be opened.
No one was signed up to speak on any of the opened Public Hearings. Mayor Pro Tern
Robertson moved to close the Public Hearings on Items 12 through 21 and approve all zoning
changes in their entirety. Councilmember Sheehan 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.
13. PUBLIC HEARING: Consideration and approval of Case No. ZC-574(CH)
zoning change from SF-0 (Single Family-Zero Lot Line) to PD-138 (Planned
Development), in the Villages of Coppell Addition, Phase I, located on the
northeast side of MacArthur Boulevard, south of DeForest Road.
This item was considered under Item 12. See Item 12 for minutes.
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14. PUBLIC HEARING: Consideration and approval of Case No. ZC-575(CH)
zoning change from SF-0 (Single Family-Zero Lot Line) to PD-139 (Planned
Development), in the Villages of Coppeli Addition, Phase II, located on the
northeast side of MacArthur Boulevard, south of DeForest Road.
This item was considered under Item 12. See Item 12 for minutes.
15. PUBLIC HEARING: Consideration and approval of Case No. ZC-576(CH)
zoning change from SF-0 (Single Family-Zero Lot Line) to PD-140 (Planned
Developmen0, in the Villages of Coppell Addition, Phases III-A, IH-B, IV-A,
and IV-B, located on the northeast side of MacArthur Boulevard, south of
DeForest Road.
This item was considered under Item 12. See Item 12 for minutes.
16. PUBLIC HEARING: Consideration and approval of Case No. ZC-577(CH)
zoning change from SF-0 (Single Family-Zero Lot Line) to PD-141 (Planned
Development), in the Parkwood Addition, Sections One, Two and Three,
located on the west side of Samuel Boulevard; north of Parkway Boulevard.
This item was considered under Item 12. See Item 12 for minutes.
17. PUBLIC HEARING: Consideration and approval of Case No. ZC-578(CH)
zoning change from TH-2 (Townhouse Residential) to PD-142 (Planned
Development), in the Park Meadow Addition, Sections One and Two, located
on the west side of Moore Road; north of Parkway Boulevard.
This item was considered under Item 12. See Item 12 for minutes.
18. PUBLIC HEARING: Consideration and approval of Case No. ZC-579(CH)
zoning change from TH-2 (Townhouse Residential) to PD-143 (Planned
Developmen0, in the Parkview Addition, located on the west side of Lodge
Road; south of Parkway Boulevard.
This item was considered under Item 12. See Item 12 for minutes.
19. PUBLIC HEARING: Consideration and approval of Case No. ZC-580(CH)
zoning change from TH-2 (Townhouse Residential) to PD-144 (Planned
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Development), in the Sherwood Park Addition, Sections One and Two, located
on the west side of Moore Road, south of Parkway Boulevard.
This item was considered under Item 12. See Item 12 for minutes.
20. PUBLIC HEARING: Consideration and approval of Case No. ZC-581(CH)
zoning change from TH-1 (Townhouse Residential) to PD-145 (Planned
Development), in the Woodridge Addition, Section Five, and Block I and Lots
1-26 of Block J of Sections One and Two, located on the west side of
MacArthur Boulevard; south of Sandy Lake Road.
This item was considered under Item 12. See Item 12 for minutes.
21. PUBLIC HEARING: Consideration and approval of Case No. ZC-582(CH)
zoning change from TH-1 (Townhouse Residential) to SF-7 (Single-Family
Residential), in the Woodridge Addition, Section One, Lots 27-30, Block J,
located on the east side of Mapleleaf Lane; south of Sugarberry Drive.
This item was considered under Item 12. See Item 12 for minutes.
22. Necessary action resulting from Executive Session.
Councilmember Tunnell moved to reject the Settlement Agreement in Julya Billhymer vs City
of Coppell, Texas, et al. 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.
23. City Manager's Report.
A. Christmas Lights Competition.
A. City Manager Jim Witt reported that guidelines were being prepared concerning the
Christmas light competition.
24. Mayor's Report.
A. Mayor Morton reminded Council and Staff of the meeting scheduled for Saturday,
August 26.
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B. Mayor Morton announced he had received a letter from the Public Leadership Forum
regarding a meeting on October 6-8 in Odessa, Texas and Council will receive a copy
for those who would like to attend.
C. Mayor Morton advised he had received a letter concerning domestic violence.
25. Liaison Reports.
D/FW Airport Expansion - Noise Task Force Delegation -- Councilmember Sturges announced
that the next meeting would be held on September 20, 1995 at 2:00 p.m. and is open to the
public. Mayor Morton advised that the microphones had been installed on the noise monitors.
Metrocrest Hospital Authority -- Councilmember Sheehan stated there would be a big push
through RHD within Coppell and the Valley Ranch area due to the Irving Health Care Center
coming in.
Library Board -- Councilmember Sheehan announced that the Library Board was working on a
library hours survey. Over the summer 995 children were registered in the summer reading club
which was a 56% increase over the past year. The Library Director will be selecting a
Volunteer of the Month beginning in September. The Library is setting up a local bulletin
board.
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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