CM 1996-03-12 MINUTES OF MARCH 12, 1996
The City Council of the City of Coppell met in Regular Called Session on Tuesday,
March 12, 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
Chuck Sturges, Councilmember
Danny L. Watson, Councilmember
Candy Sheehan, Councilmember
Councilmembers Tunnell and Mayo were absent from the meeting. Also present were City
Manager Jim Witt; City Secretary Linda Grau; City Attorney Peter G. Smith; and Jason
Marshall, City Attorney's Office.
REGULAR SESSION (Open to the Public)
1. Call to order.
Mayor Morton 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. CED, et al vs. City of Coppell, et al.
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 6:02 p.m., as allowed under the above-stated
article. Mayor Morton adjourned the Executive Session at 7:06 p.m. and opened the Work
Session.
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WORK SESSION (Open to the Public)
3. Convene Work Session
A. Town Center Plan - Review.
B. Review of game field status only.
C. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Reconvene Regular Session.
5. Invocation.
Clay Phillips, Assistant City Manager/Fire Chief, led those present in the invocation.
6. Pledge of Allegiance.
Mayor Morton led those present in the Pledge of Allegiance.
7. Citizen's Appearances.
There were no citizens signed up to speak under this item.
8. PROCLAMATIONS:
A. Consider approval of a Proclamation declaring April 2, 1996 as
NATIONAL RECORDS MANAGEMENT DAY, and authorizing the
Mayor to sign.
Mayor Morton read the Proclamation into the record, and declared April 2, 1996, to be
National Records Management Day in the City of Coppell. Mayor Morton presented a copy
of the Proclamation to Pat Chapman, Records Management Coordinator for the City, and
thanked Pat for her hard work.
B. Consider approval of a Proclamation naming the month of March
1996 YOUTH ART MONTH, and authorizing the Mayor to sign.
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Mayor Morton read the Proclamation into the record, and proclaimed the month of March,
1996, Youth Art Month. The proclamation was accepted by Tamara Westervelt, a Coppell
High School art teacher.
C. Consider approval of a Proclamation naming March 15, 1996 as
JACK KISHPAUGH APPRECIATION DAY, and authorizing the
Mayor to sign.
Mayor Morton invited Jack Kishpaugh, a Coppell resident, to come forward and receive
recognition for the honor recently bestowed upon him in the NYLCare 65 Senior Salute.
NYLCare 65 honors outstanding achievements of Dallas/Fort Worth area senior citizens. Mr.
Kishpaugh, a quadriplegic, was recognized by them for his accomplishment in modifying a
personal computer for his own use, which led to the popularity of assistive technology to
access computers by persons with disabilities. Mayor Morton read the proclamation into the
record, and proclaimed Friday, March 15, 1996, Jack Kishpaugh Appreciation Day. Mayor
Morton presented the proclamation to Mr. Kishpaugh, who thanked members of the Council,
with special thanks going to Councilmember Sheehan and his friends in the Community.
Councilmember Mayo moved to approve Agenda Item 8 A, declaring April 2, 1996, National
Records Management Day; Item 8 B, naming the month of March, 1996, Youth Art
Month; and Item 8 C, naming March 15, 1996, Jack Kishpaugh Appreciation Day, and
authorizing the Mayor to sign. Councilmember Sheehan seconded the motion; motion carried
5-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Sturges, Watson, and
Sheehan voting in favor of the motion.
9. Swearing in of Marian Moseley, Municipal Court Judge.
Mayor Morton introduced Judge Moseley to those in attendance and thanked her for the
professionalism she has shown and for the changes she implemented to bring Coppell's court
system into the Twentieth Century. Mayor Morton then proceeded to swear in Judge Moseley
for reappointment to the position of Municipal Court Judge for the City of Coppell. No action
was required by Council.
CONSENT AGENDA
10. Consider approval of the following consent agenda items:
A. Approval of minutes: February 22, 1996
February 27, 1996
March 2, 1996
March 4, 1996
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B. Consider approval of a variance to Section 6-8-2 A, B, and C of the
City of Coppell Food Ordinance 92575 to waive the Food Service
Regulations for a "Cookoff" to be sponsored by the Coppell Exchange
Club in conjunction with the Pigfest to be held on Saturday, April 27,
1996 at Andrew Brown Park West, Coppell, TX.
C. Consider approval of a Resolution to release the assessment lien
against Tract 3 of the E.A. Crow Survey, Abstract 301 in the amount
of $21,480.00 and authorizing a refund of the assessment previously
paid for Tract 9 of the E.A. Crow Survey, Abstract 301 in the
amount of $28,888.73 in exchange for utility and construction
easements, and authorizing the Mayor to sign.
D. Consider approval to renew contract Bid Q-0194-05 for automotive
parts to the following vendors, not to exceed $60,000: Robertson Fleet,
Sections 1, 4, 5, 6, 7 for an amount of $35,000.00 and Midway Auto,
Sections 3, 8, 9 and 12 for an amount of $25,000.00.
E. Consider approval to award Bid Q-0196-04 for Landscape Services to
the following companies: Greener Pastures not to exceed $18,960.00
for 16 mowings; VMC Landscapes not to exceed $21,698.88 for 16
mowings.
F. Consider approval of an ordinance amending Ordinance No. 86352 of
the Code of Ordinances Chapter 9, Section 9-11-7 to add Subsection
H to designate game fields and to add Subsection I to designate closed
fields, and authorizing the Mayor to sign.
G. Consider approval of an Ordinance amending Subsections 30-5(15)
and 30-12(14) to provide for a S.U.P. (Special Use Permit), allowing
temporary batch plants for periods in excess of 90 days, and
authorizing the Mayor to sign.
H. Consider approval of an Ordinance for 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, and authorizing the Mayor to sign.
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Items C, F and H were pulled for further consideration.
Items A, B, D, E and G --
Following motion and amended motion, Mayor Pro Tem Robertson moved to approve
Consent Agenda Items 10 A, B, D, E and G carrying Ordinance No. 91500-A-123 and
authorizing the Mayor to sign. Councilmember Sheehan seconded the motion. Motion carried
5-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Sturges, Watson, and
Sheehan voting in favor of the motion.
Item C --
Mayor Pro Tem Robertson moved to approve Consent Agenda Item C, with correction,
approving Resolution No. 031296.1 to release the assessment lien against Tract 3 of the E.A.
Crow Survey, Abstract 301 in the amount of $21,480.00 and authorizing a refund of the
assessment previously paid for Tract 9 of the E.A. Crow Survey, Abstract 301 in the amount
of $21,888.73 in exchange for utility and construction easements, and authorizing the Mayor
to sign. Councilmember Sheehan seconded the motion; motion carried 5-0 with Mayor Pro
Tem Robertson and Councilmembers Alexander, Sturges, Watson, and Sheehan voting in favor
of the motion.
Item F --
City Manager Jim Witt stated that concern has been expressed by Council and Staff in terms
of the wording on Page 1, Subsections H, Game Fields Designation, and I, Closed Fields
Designation. At this time, City Manager Witt recognized City Attorney Peter Smith who
made a presentation to the Council and suggested alternate wording for subsections H. 1. and
2. and I. 1. and 2. Questions and discussion ensued regarding sign wording, enforcement, and
the feasibility of charging other cities for use of the fields. Councilmember Sheehan
questioned the type and enforceability of the field reservation system currently in place.
Leisure Services Director Gary Sims explained the City's permit process for leisure activities,
and Councilmember Sheehan requested that information be placed in the newspaper to inform
the citizens of Coppell. Councilmember Watson stated that the sports associations have
indicated there are adequate numbers of alternate fields for practice, which was a consideration
when designating certain fields as game fields only. After lengthy discussion, Mayor Pro Tem
Robertson moved to approve Consent Agenda Item 10 F carrying Ordinance No. 96751
amending Ordinance No. 86352 of the Code of Ordinances Chapter 9, Section 9-11-7 to add
Subsection H and Subsection I to read as follows: "[H]. Game Fields; Designation (1) The
Director of Leisure Services is authorized to post a sign on fields designated by the Sports
Council as game fields. Such signs shall state: 'Game Field - No unauthorized practice or
games.' (2) It shall be unlawful for any person to conduct, sponsor or participate in any
unauthorized game, tournament, practice or athletic event on any designated game field. [I]
Closed Fields; Designation (1) The Director of Leisure Services is authorized to post a sign
on fields designated by the Sports Council as closed fields for purpose of maintenance or to
protect the surface of the playing field. Such sign shall state: 'Field Close for Public Use.'
(2) It shall be unlawful for any person to go upon any fields which has been designated as a
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closed field except for the purpose of performing maintenance. "and authorizing the Mayor to
sign. Councilmember Alexander seconded the motion; motion carded 5-0 with Mayor Pro
Tern Robertson and Councilmembers Alexander, Sturges, Watson and Sheehan voting in favor
of the motion.
EXECUTIVE SESSION (Closed to the Public)
Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation with City
Attorney.
Mayor Morton convened into Executive Session at 8:07 p.m., as allowed under the above-
stated article. Mayor Morton adjourned the Executive Session at 8:11 p.m. and reopened the
Regular Session.
REGULAR SESSION (Open to the Public)
Item H --
Mayor Pro Tem Robertson moved to table Consent Agenda Item 10 H. Councilmember
Watson seconded the motion; motion carded 5-0 with Mayor Pro Tem Robertson and
Councilmembers Alexander, Sturges, Watson, and Sheehan voting in favor of the motion to
table.
11. A. Notification to City Council of a rate increase in solid waste collection
fees to Texas Waste Management of 1.8% in accordance to the
contract.
B. Consider approval of an additional increase of 2.8% for landfill costs
as requested by Texas Waste Management.
A. Steve Goram, Director of Information and Customer Services, made a presentation to
the Council and introduced Mr. Allen Judkiewicz, Municipal Marketing Manager for
Texas Waste Management. Mayor Pro Tern Robertson moved to approve a rate
increase in solid waste collection fees to Texas Waste Management of 1.8% in
accordance to the contract. Councilmember Sturges seconded the motion; motion
carried 5-0, with Mayor Pro Tern Robertson and Councilmembers Alexander, Sturges,
Watson, and Sheehan voting in favor of the motion.
B. Mr. Judkiewicz made a presentation to the Council. Following discussion, Mayor Pro
Tem Robertson moved to deny approval of an additional increase of 2.8 % for landfill
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_ costs as requested by Texas Waste Management. Councilmember Watson seconded the
motion; motion to deny carried 5-0, with Mayor Pro Tern Robertson and
Councilmembers Alexander, Sturges, Watson, and Sheehan voting in favor of the
motion for denial.
12. Consider approval of authorizing the City of Coppell to enter into an
agreement with the developers of DFW Trade Center and the City of
Grapevine to participate in the amount of one-third the cost of the extension
of Freeport Parkway that lies within the City of Coppell.
Mayor Morton recognized City Engineer Ken Griffin who made a presentation to the Council.
Utilizing visual aids, Mr. Griffin demonstrated the long-term benefit to be realized by the City
of Coppell relative to the extension of Freeport Parkway. He also explained how this
extension would be funded, i.e., from Street CIP Accounts. He stated that the City of Flower
Mound will be lengthening Freeport Parkway north to Garden Ridge Road in Flower Mound.
The extension of Freeport Parkway in Coppell will provide an alternative to State Highway
121 for persons traveling into and out of the City of Coppell, and will also allow easy access
between Flower Mound and Coppell. Councilmember Sturges made further inquiries relative
to the CIP funds, and also asked if this project could be financed in a different manner so as
to shift the burden of payment from the Coppell taxpayer to the developer. Mr. Griffin
answered affirmatively, but also indicated that in that event, the developer might choose not
to construct in Coppell at this time. After further discussion, Mayor Pro Tem Robertson
moved to approve authorization for the City of Coppell to enter into an agreement with the
developers of DFW Trade Center and the City of Grapevine to participate in the amount of
one-third the cost of the extension of Freeport Parkway that lies within the City of Coppell.
Councilmember Alexander seconded the motion; motion carried 5-0, with Mayor Pro Tern
Robertson and Councilmembers Alexander, Sturges, Watson, and Sheehan voting in favor of
the motion.
13. Consider approval of a Resolution adopting amended guidelines for
Economic Development Grants for sales and use tax rebates under Chapter
380 of the Texas Local Government Code, and authorizing the Mayor to
sign.
City Manager Jim Witt made a presentation to the Council. Councilmember Sheehan moved
to approve Resolution No. 031296.2 adopting amended guidelines for Economic Development
Grants for sales and use tax rebates under Chapter 380 of the Texas Local Government Code,
and authorizing the Mayor to sign. Councilmember Sturges seconded the motion; motion
carried 5-0, with Mayor Pro Tern Robertson and Councilmembers Alexander, Sturges,
Watson, and Sheehan voting in favor of the motion.
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14. PUBLIC HEARING:
Consider approval of Case No. PD-151, Sunbelt Self Storage, Inc., zoning
change from C (Commercial) to PD-Mini-Warehouse (Planned Development,
Mini- Warehouse), to allow the operation of a mini-warehouse facility with
on-premises residential use by management personnel on property located
on the west side of MacArthur Boulevard, adjacent to the TP&L
transmission line.
Gary Sieb, Director of Planning and Community Services, made a presentation to the Council.
Mayor Morton opened the Public Hearing and asked for persons wishing to speak regarding
this issue. Walter Nelson, 308 N.W. 2nd St., Suite. 5, Grand Prairie, TX, 75050, stated that
he is the engineer for Sunbelt Self Storage as well as other self storage facilities throughout
the Metroplex. He made a brief statement to the Council, and offered to answer any questions
or concerns that might be voiced during the course of the public hearing by other speakers.
Bob Goss, 1601 E. Beltline, Coppell, stated he is a co-owner of Valley Ranch Self Storage at
1601 E. Beltline in Coppell. Mr. Goss expressed his desire that Council be fully aware of the
history behind this proposal. He stated that two years earlier, he had been denied permission
to build in the requested prime location, and the development site being requested by Sunbelt
Self Storage will cut off his business. At this time, Mayor Morton stated that a request had
been made for Executive Session.
EXECUTIVE SESSION (Closed to the Public)
Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation with City
Attorney.
Mayor Morton convened into Executive Session at 8:50 p.m., as allowed under the above-
stated article. Mayor Morton adjourned the Executive Session at 8:52 and reopened the
Regular Session.
REGULAR SESSION (Open to the Public)
(Continuing with Agenda Item 14)
Councilmember Watson questioned Mr. Sieb regarding landscaping which had been done on
one side of the building but not on the MacArthur side of the building. Mr. Sieb made a
presentation to Council on this issue. Walter Nelson also addressed Council's concerns, and
explained that the two-foot strip available for planting on that side of the building, coupled
with the TU easement which borders the two foot strip, makes landscaping a difficult prospect.
In addition, TU usually does not allow landscaping in their easements. Councilmember
Watson continued to express concern and suggested the possibility of planting photinias. Mr.
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Nelson, with approval from the owner of Sunbelt, agreed to speak with TU Electric in an
attempt to obtain their permission to do this, and Councilman Watson expressed his desire to
make that a condition of PD-151. Following further questions and discussion, Mayor Pro Tem
Robertson moved to close the public hearing and approve Case No. PD-151, Sunbelt Self
Storage, Inc., zoning change from C (Commercial) to PD-Mini-Warehouse (Planned
Development, Mini-Warehouse), to allow the operation of a mini-warehouse facility with on-
premises residential use by management personnel on property located on the west side of
MacArthur Boulevard, adjacent to the TP&L transmission line, with the following conditions:
1) the monument sign shall contain the company name, logo, address, product or service only;
2) drawings need to be coordinated between the applicant and the Dallas Area Affordable
Partners IV, L.P.; 3) blue plastic monument sign logo - blue 2050 color number; 4) orange
plastic monument sign logo - orange 2119 color number; 5) white plastic monument sign logo
- white 7138 color number; 6) plastic for 6" and 12" letters on office - white 7138 color
number; 7) gold trim used to mount letters to brick on office and monument sign; 8) brick
material - Patriot Executive; 9) brick material in quoins - Hillstone; 10) pilasters are concrete
painted Historic Tan, sample #30YY 50/176; 11) paint color of shutters, wood siding, office
cupola, trim and louvers - Historic Tan, Sample #30YY 50/176; 12) paint facia trim on storage
buildings - Historic Tan, Sample #30YY 50/176; 13) paint wrought iron fences and gates -
black; 14) storage buildings door color - Forest Green; 15) roofing material on pitches roofs
of office and cupola - Weatherwood, and with the additional condition that the applicant will
negotiate with TP&L for permission to landscape along the easement of the brick wall on the
west boundary. Councilmember Watson seconded the motion. At this time, Councilmember
Sheehan expressed her concerns regarding having a family or a resident manager live that close
to a power line. Following further discussion, motion carried, with Mayor Pro Tem Robertson
and Councilmembers Alexander, Sturges, and Watson voting in favor of the motion and
Councilmember Sheehan voting against the motion.
15. PUBLIC HEARING:
To consider amendments to the Code of Conduct Ordinance.
Mayor Morton opened the public hearing and recognized Joe Shirley, 582 Villawood Lane.
Mr. Shirley requested and was given additional time to make his presentation. Mr. Shirley
expressed his concern regarding the proposed changes to the ethics ordinance, as well as
circumstances surrounding its preparation and presentation. His comments included asking
the Council a number of questions. At the conclusion of Mr. Shirley's presentation,
Councilmember Sheehan, Mayor Morton, and Mayor Pro Tern Robertson addressed some of
Mr. Shirley's concerns. Mayor Morton recognized Councilmember Sturges, who thanked
Mayor Morton, Councilmember Sheehan, and the citizens who had been involved in this effort
for their hard work on the Code of Conduct Committee. Councilmember Sturges expressed
his full support of the Code of Conduct ordinance as presented, and also relayed questions to
City Attorney Peter Smith based on comments made by Mr. Shirley. City Attorney Smith
addressed the Council at this time. Following further discussion, Councilmember Watson
moved to close the public hearing and approve Ordinance No. 96752 amending the Code of
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Ordinances of the City of Coppell, TX, by amending the Code of Conduct, Chapter 1, Article
1-13, and authorizing the Mayor to sign. Councilmember Sheehan seconded the motion;
motion carried 4-1 with Councilmembers Alexander, Sturges, Watson, and Sheehan voting in
favor of the motion and Mayor Pro Tem Robertson voting against the motion
16. Consider approval of an Ordinance amending the Code of Ordinances of the
City of Coppell TX, by amending the Code of Conduct, Chapter 1, Article
1-13, and authorizing the Mayor to sign.
This item was considered under Item 15. See Item 15 for minutes.
17. Necessary action resulting from Executive Session.
Mayor Pro Tem Robertson moved to direct Staff to enter into negotiations with the FAA on
land known as Thweatt Park as a future navigational aids building location. Councilmember
Sturges seconded the motion; motion carried 5-0, with Mayor Pro Tern Robertson and
Councilmembers Alexander, Sturges, Watson, and Sheehan voting in favor of the motion.
18. City Manager's Report.
City Manager Jim Witt stated that Wednesday, March 20th, at 7:00 p.m., in the
Administrative Board Room, 2nd floor of DFW Airport, a meeting will be held relative to the
new runway. All concerned citizens are invited to attend. Representatives from the Noise
Office and the Airport Development Office will attend, as well as people who are devising the
new runway use plan, which the City continually attempts to impact. Airport administration,
including one or both of the top administrators at the airport will also be in attendance. The
Board Room seats approximately seventy people. Individuals will be doing short presentations
in their particular arms, followed by questions and answers. The meeting will be posted.
19. Mayor's Report.
A. Mayor Morton asked City Attorney Peter Smith to define the content of Section
552.222 of the Texas Government Code and inform him as to how an officer of a city
or a person could be in violation of that section. Attorney Smith addressed Mayor
Morton's question.
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20. Liaison Reports.
Library Board -- Councilmember Sturges shared a letter he received from Audrey Templeton,
Office Administrator of the Electronic Library Services, Texas State Library. In her letter,
Ms. Templeton thanked him for his interest in the Internet Assistance Grants program in the
Texas State Library and Archives Commission. She also enclosed informational material and
applications, which Councilman Sturges will forward to Steve Goram, Director of Information
and Customer Services. Coun¢ilmember Sheehan reported that the Library Board hosted a
luncheon last Friday. Representatives from Coppell lSD, the Director of Technology, the
Coppell High School librarian, a professor of library sciences from TWU, and past
councilmembers also attended. Subjects discussed included the need for more coordination
with Coppell ISD; grant writing; and a need for the Library to be more user friendly through
internet, going on-line, additional periodicals, etc. Councilmember Sheehan especially wanted
to share a comment made by the High School librarian who said that we must look at each
item to be funded, whether it be technology or books, and go with the one that is the most
user-friendly. On the subject of grant writing, Mayor Morton stated that the City of Coppell
recently received a grant from COG for apartment recycling, and a member of staff was
responsible for doing the writing that resulted in the City receiving that grant. Mayor Morton
suggested that the City could possibly do more in this area.
Councilmember Sturges shared a letter he received from Dennis Brock on Park Valley Drive
asking for Council's support to reduce the speed of motorists on Park Valley Drive. Mr.
Brock expressed his fear that a child will eventually be injured or killed on that street if action
is not taken.
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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