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CM 1996-02-13- MINUTES OF FEBRUARY 13, 1996 The City Council of the City of Coppell met in Regular Called Session on Tuesday, February 13, 1996 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 (late arrival) Chuck Sturges, Councilmember Danny L. Watson, Councilmember Marsha Tunnell, Councilmember (late arrival) 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 Morton called the meeting to order and adjourned into Work Session. WORK SESSION (Open to the Public) 2. Convene Work Session A. Presentation by Half Cent Sales Tax Study Committee on preliminary recommendations. Councilmembers Alexander and Tunnell arrived during Work Session. EXECUTIVE SESSION (Closed to the Public) 3. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. .... 1. CED, et al vs. City of Coppell, et al. CM021396 Page 1 of 11 B. Section 551.072, Texas Government Code - Deliberation regarding real property. 1. Public Works and Park site. 2. Land Disposition - Fire Station Land. Mayor Morton convened into Executive Session at 6:24 p.m. as allowed under the above-stated article. Mayor Morton adjourned the Executive Session at 7:09 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 4. Convene Work Session A. Award of bid for fire apparatus. B. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 5. Reconvene Regular Session. 6. Invocation. Councilmember Sturges 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. Tim Raymond, 1515 Falls Road, addressed the Council concerning the school boundary lines. Carrollton/Farmers Branch ISD has set February 29 as their hearing date and no hearing has been set by the Coppell ISD. Mr. Raymond thanked Councilmembers Sheehan and Sturges for meeting with the citizens regarding this issue. Councilmember Sheehan asked for consensus of Council to send a letter addressed from Mayor Morton to the President of the Coppell School Board, which letter was read to those present. Council consented for the letter to be mailed. 9. Consider approval and acceptance of the Comprehensive Annual Financial Report for the fiscal year ended September 30, 1995. CM021396 Page 2 of 11 Jim Witt, City Manager, made a presentation to Council and introduced Jerry Gaither of Weaver & Tidwell, who presented the audit report to Council. Jim Witt, City Manager, made a statement regarding fixed assets. Councilmember Mayo inquired regarding the Police Forfeiture Revenue. Mayor Pro Tem Robertson moved to accept the Comprehensive Annual Financial Report for the fiscal year ended September 30, 1995. Councilmember Tunnell 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. 10. Presentation of the GFOA Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year 1994. Jim Witt, City Manager, made a presentation to the Council. Mayor Morton presented the GFOA Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year 1994 to Jennifer Armstrong, Finance Director. 11. Consider approval of a Resolution honoring our troops in Bosnia-Herzegovina and authorizing the Mayor to sign. Mayor Morton read the Resolution into the record and presented the Resolution to Jennifer Hastings whose brother is in Bosnia. Councilmember Mayo moved to approve Resolution No. 021396.1 honoring our troops in Bosnia-Herzegovina and authorizing the Mayor to sign. 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. CONSENT AGENDA 12. Consider approval of the following consent agenda items: A. Consider approval of minutes: January 23, 1996 B. Consider approval of a Proclamation naming the week of February 11-18, 1996 as COPPELL ACTS KIND WEEK, and authorizing the Mayor to sign. C. Consider approval of an ordinance amending Section 9-7-1 of the City of Coppell Code of Ordinances, concerning standing seam metal roofs, reducing the minimum slope, revising the rib spacing to allowing spacings from 12 to 24 inches, allowing an expanded selection of CM021396 Page 3 of 11 finishes and providing for an avenue of appeal to be Building and Standards Commission. D. Consider approval of a waiver of encroachment for a monument sign from Frank Stitch III, DDS, MSD. E. Consider approval of reappointing Judge Marian Moseley for a two- year term to expire in March 1998. F. Consider approval of a Resolution calling an Election for Municipal Officers for Saturday, May 4, 1996 and authorizing the Mayor to sign. G. Consider approval of a Resolution to appoint Jeanne Heath as Election Judge, and Martha Jo Cozby as Alternate Election Judge for the May 4, 1996 Municipal Election. H. Consider approval to extend the contract previously awarded to North Texas Landscape Services, the Green Company, and Carruthers Landscape Management Corporation for mowing/landscape services at parks, medians and public facilities. Total amount not to exceed $78,339. I. Consider approval of resolutions to authorize the City Manager and Finance Director to act for and on behalf of the city in dealing with the Texas Department of Transportation for the purpose of certifying eligibility to receive assistance for the following and authorizing the Mayor to sign: 1. Sandy Lake Road Park A Trail Project 2. Denton Creek Trail Project 3. Cottonbelt Trail Project J. Consider approval of an ordinance amending Section 9-14-2 to add ~ubsection F to prohibit possession of any burning tobacco products or use of tobacco products within all City owned, leased, or jointly used athletic facilities (including indoor or outdoor facilities). K. Consider approval of an Ordinance amending Section 35, Accessory Building Regulations, of the Comprehensive Zoning Ordinance of the City of Coppell, TX, and authorizing the Mayor to sign. CM021396 Page 4 ofll -- L. Consider approval of an Ordinance for Case No. S-1100, Copper Stone Addition, zoning change from SF-12 (Single Family-12) to SF-12-S.U.P. (Single Family-12, Special Use Permit), with special conditions, to allow a temporary concrete batch plant for ninety (90) days on property located west of the intersection of Parkway Boulevard and Cowboy Drive, and authorizing the Mayor to sign. M. Consider approval of an Ordinance for Case No. S-1101, Park 'N Fly, zoning change from LI (Light Industrial) to LI-S.U.P. (Light Industrial, Special Use Permi0, with special conditions, to allow a temporary concrete batch plant for ninety (90) days on property located along the northeast corner of Royal Lane and Gateway Boulevard, and authorizing the Mayor to sign. N. Consider approval of an Ordinance for Case No. PD-131R, The Estates of Cambridge Manor, changing the zoning from PD-SF-12 (Planned Development, Single Family-12) to PD-SF-12 (Planned Development, Single Family-12) to amend the development conditions for Lot 1, Block E; Lot 7, Block A; and Lot 7, Block B, and authorizing the Mayor to sign. O. Consider approval of an Ordinance for Case No. S-1075R, Valley Ranch Self Storage, zoning change from LI (Light Industrial) and LI- S.U.P. (Light Industrial and Light Industrial, Special Use Permit) to LI-S.U.P. (Light Industrial, Special Use Permit), with special conditions, for mini-warehouses on property located on the south side of Beltline Road, approximately 1,521 feet east of MacArthur Boulevard, and authorizing the Mayor to sign. P. Consider approval of an Ordinance for Case No. S-1072R, Blooming Colors Nursery, zoning change from LI (Light Industrial) and LI- S.U.P. (Light Industrial and Light Industrial, Special Use Permi0 to LI-S.U.P. (Light Industrial, Special Use Permit), with special conditions, to allow a landscape nursery on property located on the south side of Beltline Road, approximately 1,790 feet east of MacArthur Boulevard, and authorizing the Mayor to sign. Q. Consider approval of awarding contract for proposal#0062 to White Rock Consultants for the development of an Infrastructure Management System for an estimated total of $20,000, as budgeted in ~ the FY96 annual budget, and authorizing the Mayor to sign. CM021396 Page 5 of 11 R. Consider approval of accepting the offer from the Trinity River Authority to resolve the billing discrepancy and authorizing the Mayor to sign. Mayor Pro Tem Robertson moved to approve Consent Agenda Items A, B, C carrying Ordinance 96740, D, E, F carrying Resolution No. 021396.2, G carrying Resolution No. 021396.3, H, I/1 carrying Resolution No. 021396.4, I/2 carrying Resolution No. 021396.5, I/3 carrying Resolution No. 021396.6, J carrying Ordinance No. 96741, K carrying Ordinance 96742, L carrying Ordinance 91500-A-117, M carrying Ordinance No. 91500-A-118, N carrying Ordinance No. 91500-A-119, O carrying Ordinance No. 91500-A-120, P carrying Ordinance No. 91500-A-121, Q and R. 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. 13. PUBLIC HEARING (CONTINUED): Consider approval of Case No. PD-108R, The Springs, zoning change from PD-LI (Planned Development, Light Industrial) to PD-SF-9 (Planned Development, Single Family-9), to modify the planned development to allow the development of single-family detached homes on a 29.884 acres tract of land located on the south side of Bethel Road, approximately 490 feet west of Denton Tap Road. (Applicant and Staff request a continuance until February 27, 1996.) Gary Sieb, Director of Planning and Community Services, indicated that several things remained to be worked out and that a continuance was sought until the February 27, 1996 meeting. Councilmember Mayo moved to continue this item and the Public Hearing until the February 27, 1996 City Council meeting. Councilmember Tunnell 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. 14. PUBLIC HEARING: Consider approval of Freeport North, Replat of Lot 5A, to allow the development of a 132,500 square foot warehouse and distribution facility, located on the northwest corner of Gateview Boulevard and Royal Lane. Mayor Morton announced that this item had been pulled at the request of the Applicant. 15. PUBLIC HEARING: Consider approval of Case No. PD-150, Village at Cottonwood Creek Community Recreational Center, zoning change from SF-7 (Single Family-7) CM021396 Page 6 of 11 __ to PD Recreational Center (Planned Development, Recreational Center), to allow the development of a recreational center on 13,440 square feet of land to be used by the homeowners of the Village at Cottonwood Creek VI subdivision, located on the south side of Hardwick Court and along the north side of Parkway Boulevard. 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. Michael Sullivan, representing Landscape Consultants in Carrollton, addressed the Council and answered inquiries of Council. Jamie Cornelius, representing the Developer, addressed the Council. After lengthy discussion, Councilmember Sheehan moved to close the Public Hearing and approve Case No. PD-150, Village at Cottonwood Creek Community Recreational Center, zoning change from SF-7 (Single Family-7) to PD Recreational Center (Planned Development, Recreational Center), to allow the development of a recreational center on 13,440 square feet of land to be used by the homeowners of the Village at Cottonwood Creek VI subdivision, located on the south side of Hardwick Court and along the north side of Parkway Boulevard with the following conditions: 1) there be a mechanism or device to lock the gate when the pool is not operational (during the summer hours before the pool opens and after the pool closes and during the winter months); 2) a pool cover must be placed over the pool during months that the pool is not operational; and 3) a phone must be on-site for emergency situations. Councilmember Sturges seconded the motion; the motion carried 6-1 with Councilmembers Alexander, Sturges, Watson, Mayo, and Sheehan voting in favor of the motion; Councilmember Tunnell voting against the motion; and Mayor Pro Tem Robertson abstaining from the vote, which abstention counts as an affirmative vote. 16. PUBLIC HEARING: Consider approval of Village at Cottonwood Creek, Section VI, Replat of Lot 4, Block D, to remove the building lines of Lot 4, Block D located on the south side of Hardwick Court and along the north side of Parkway Boulevard. 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. Councilmember Sheehan moved to close the Public Hearing and approve Village at Cottonwood Creek, Section VI, Replat of Lot 4, Block D, to remove the building lines of Lot 4, Block D located on the south side of Hardwick Court and along the north side of Parkway Boulevard with the following conditions: 1) an amended homeowners agreement must be submitted for City review; and 2) revise the utility signature block. Eliminate Southwestern Bell and Denton County from the signature block because they do not sign plats. Councilmember Sturges seconded the motion; the motion carried 6-1 with Councilmembers Alexander, Sturges, Watson, Mayo, and Sheehan voting in favor of the motion, Councilmember Tunnell voting against the motion; and Mayor Pro Tem Robertson abstaining .... from the vote, which abstention counts as an affirmative vote. CM021396 Page 7 of 11 17. PUBLIC HEARING: Consider approval of amendments to the Zoning Ordinance to Section 30 (batch plants), and Section 32 (height of flag poles). Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Council discussed the flag pole issue. Mayor Morton suggested that the question be divided and that the batch plant issue would be considered first. Mayor Morton opened the Public Hearing and asked for those persons wishing to speak regarding this proposal. There were none. Councilmember Sheehan moved to close the Public Hearing for the batch plant issue and approve the amendments to the Zoning Ordinance to Section 30 (batch plants). 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. The Public Hearing remained open as to the height of flag pole issue. Larry Wheeler, 718 Swallow, addressed the Council regarding his concerns of using the flag for advertising purposes. Councilmember Sturges moved to close the Public Hearing and deny the amendments to the Zoning Ordinance to Section 32 (height of flag poles) and remand this issue to the Sign Committee. 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. 18. Consider approval of an Ordinance granting a Franchise Agreement to Lone Star Gas Company, and authorizing the Mayor to sign. Jim Witt, City Manager, made a presentation to the Council. Councilmember Watson voiced his concerns over the destruction of trees on the utility easements. Kevin Page, representing Lone Star Gas, addressed the Council regarding the trees. Councilmember Sheehan stated she had reservations regarding the length of the agreement. Jim Witt, City Manager, responded regarding the type of industry Lone Star is. Peter G. Smith, City Attorney, stated that 15 to 20 years was standard for this type of agreement. Mayor Pro Tem Robertson moved to approve Ordinance No. 96743 granting a franchise Agreement of Lone Star Gas Company and authorizing the Mayor to sign. Councilmember Watson 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. 19. Consider approval of awarding Bid/Contract No. Q-1295-044 for one (1) Quint Aerial Ladder to the Sutphen Corporation in the total amount of $412,480.00 as allocated in the CIP Program and authorizing the Mayor to sign. Mayor Pro Tern Robertson moved to approve the awarding of bid/contract No. Q-1295-0-44 for one Quint Aerial Ladder to the Sutphen Corporation in the total amount of $412,480.00, as allocated in the CIP Program and authorizing the Mayor to sign. Councilmember Mayo seconded the motion; the motion carried 7-0 with Mayor Pro Tem Robertson and CM021396 Page 8 of 11 Councilmembers Alexander, Sturges, Watson, Tunnell, Mayo, and Sheehan voting in favor of the motion. At this time Items 21, 22 and 23 were considered. See Items 21, 22 and 23 for minutes. 20. Necessary action resulting from Executive Session. There was no action necessary under this item. 21. City Manager's Report. A. Jim Witt, City Manager, discussed with Council the possibility of holding briefing sessions on a regular basis beginning in April on the Tuesdays which are off-Council meeting Tuesdays. 22. Mayor's Report. A. Mayor Morton announced the schedule for filing for place on the ballot for the May 4, 1996 election. B. Mayor Morton stated that on January 19, 1996 the City received a grant from the Department of Justice which will aid in the hiring of two police officers. C. Mayor Morton advised that the National League of Cities conference would be held March 9 through March 12, 1996 in Washington, D. C. D. Mayor Morton stated he had picked up information in Austin relevant to the Public Information Act. Mayor Morton discussed the General Services Communication Rules regarding suggested charges for public information. Jason Marshall, from the City Attorney's office, answered inquiries regarding this issue. E. Mayor Morton advised that he received a letter by certified mail from a citizen regarding the Friedman double billing and read the letter to those present. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. CM021396 Page 9 of 11 Mayor Morton convened into Executive Session at 9:13 p.m. as allowed under the above-stated article. Mayor Morton adjourned the Executive Session at 9:29 p.m. and opened the Regular Session. REGULAR SESSION (Open to the Public) (Continuing with E from Item 22) Mayor Morton proposed to the City Attorney that he draft a response to the letter for Council review. Consensus of Council was that the letter did not warrant a response. F. Mayor Morton announced that space was being sought in the area to set up an outreach clinic. G. Mayor Morton advised that he had attended the Metroplex Mayors' Association where they discussed the sesquicentennial celebration of Dallas County and they have asked for five students from the Coppell ISD to be in the parade. They have also invited all of the senior organizations to have a table and space in the old red courthouse on the date of the celebration. H. Mayor Pro Tem Robertson reminded everyone of the Coppell party which will be held February 24, 1996 as a Vegas night and urged everyone to get tickets. 23. Liaison Reports. Library Board -- Councilmember Sheehan advised that a Public Hearing was held last week and one citizen made some very good comments regarding the automation system. Another Public Hearing will be held February 20, 1996 at 7:00 p.m. at the Library and Councilmember Sheehan encouraged citizens come and give input. The Keep Coppell Beautiful Committee also gave a presentation to the Library Board and Library Board goals were discussed. Economic Development Partnership -- Councilmember Sheehan attended the meeting along with Chuck Sturges and Jim Witt and were presented with the direct marketing pieces which will be sent out to prime developers and brokers in the Coppell area. Recommendations were made on the aerial map and the pocket folders to be handed out to potential clients. Finance Committee -- Mayor Pro Tem Robertson inquired as to a work session for the liaisons. The meeting was set for February 22, 1996 at 6:00 p.m. Councilmember Tunnell thanked Mayor Morton for his support of the "PigFest" and his cooperation in kissing the pig. The "PigFest" will be held the last weekend in April where tickets will be $2.00 in advance and $3.00 at the gate. Rides and food will be additional. Mayor Morton stated that this event had brought the City a tremendous amount of recognition. CM021396 lXage 10 of 11 Councilmember Watson stated that Bill York, who is president of baseball, complemented the Leisure Service Department regarding the work they did on the restrooms. Staff was also complemented on the work put in on the grants. Councilmember Watson stated he would like to see the City Manager continue to work with the airport staff to work out the best long-term runway plan for the best benefit of Coppell. Telecommunications Board -- Councilmember Sturges advised that the board was very interested in the new environments available with the signing of the Telecommunications Act of 1996. YMCA -- Councilmember Sturges announced that six students from the Coppell High School would be traveling to Austin on February 22 through February 24 to participate in the Texas Youth in Government Program. Councilmember Alexander inquired as to the next step on the Half Cent Sales Tax issue. Mayor Morton stated a meeting would be held with the liaisons and priorities would be set and then the election would be set. Jim Witt, City Manager, advised that the last date to call a May election would be the March 12, 1996 meeting. Mayor Morton stated that comments should be turned in to him regarding the February 5 memo from Jim Witt regarding Special Council. There being no further business to come before the City Council, the meeting was adjourned. Tom Morton, Mayor ATTEST: Linda Grau, City Secretary CM021396 Page 11 of 11