CM 1996-07-09 MINUTES OF JULY 9, 1996
The City Council of the City of Coppell met in Regular Called Session on Tuesday, July 9, 1996
at 6:00 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell,
Texas. The following members were present:
Lanny Mayo, Mayor Pro Tem
Norm Alexander, Councilmember
Chuck Sturges, Councilmember
Marsha Tunnell, Councilmember
Ron Robertson, Councilmember
Candy Sheehan, Councilmember
Mayor Morton was out of the country and absent from the meeting. Councilmember Watson
was absent from the meeting. 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 Mayo 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.
2. Jim Sowell Construction Co., Inc. et al vs. City of Coppell et al
Mayor Pro Tem Mayo convened into Executive Session at 6:15 p.m. as allowed under the
above-stated article. Mayor Pro Tem Mayo adjourned the Executive Session at 7:02 p.m. and
opened the Work Session.
WORK SESSION (Open to the public)
3. Convene Work Session
A. Presentation of Senior Adult Services by Andrea Rutledge.
B. Discussion of Agenda Items.
REGULAR SESSION (Open to the public)
4. Invocation.
Councilmember Sturges led those present in the Invocation.
5. Pledge of Allegiance.
Mayor Pro Tem Mayo led those present in the Pledge of Allegiance.
6. Citizen's Appearances.
There were no citizens signed up to speak under this item.
CONSENT AGENDA
7. Consider approval of the following consent agenda items:
A. Consider approval of minutes: June 18, 1996
June 25, 1996
June 28/29, 1996
B. Consider approval of awarding Bid/Contract #Q-0696-02 for the
construction of Public Improvement District (PID) Storm Drainage
Improvements, Lot 1, Block 1, Gateway Business Park (Fritz
Warehouse) to Superior Utilities, Inc. in the amount of $93,512.00, and
authorizing the Mayor to sign.
C. Consider approval of a Resolution amending Resolution 010996.3
regarding General and Special Fees as they relate to the Sports Entry
Fees, and authorizing the Mayor to sign.
D. Consider approval of an Ordinance approving an amendment to
Ordinance No. 96736, amending the budget for the City of Coppell for
the Fiscal Year October 1, 1995, through September 30, 1996, and
authorizing the Mayor to sign.
E. Consider approval of an Ordinance for PD-156, Ashton Ridge, zoning
change from SF-12 (Single Family-12) to PD-SF-9 (Planned --
CM07099~
Page 2 ~f9
Development, Single Family-9) with conditions, to allow the
development of a 274ot planned development single-family subdivision
on 7.72 acres of property located at the northeast corner of Heartz and
Sandy Lake Roads, and authorizing the Mayor to sign.
F. Consider approval of an Ordinance for S-1110. PCS PrimeCo Wireless
Communications. zoning change from LI (Light-Industrial) to LI-
S.U.P. (Light Industrial, Special Use Permi0, with special conditions,
to allow a wireless communications antenna be mounted to an existing
T.U. Electric Tower with an accessory cabinet at the base of the tower
located on the T.U. easement south of Cotton Road, approximately
1,346 feet east of Royal Lane, and authorizing the Mayor to sign.
G. Consider approval of an Ordinance for S-1111, PCS PrimeCo Wireless
Communications, zoning change from LI (Light-industrial) to LI-
S.U.P. (Light Industrial, Special Use Permit), with special conditions,
to allow a wireless communications antenna be mounted to an existing
T.U. Electric Tower with an accessory cabinet at the base of the tower
located on the T.U. easement, approximately 1,349 feet east of SH 121
Frontage Road, along the north side of Sandy Lake Road, and
_._ authorizing the Mayor to sign.
H. Consider approval of a Ordinance amending the following sections of
the "Keep Coppell Beautiful" ordinance, Section 2-3-2 to provide that
the Committee shall be composed of seven (7) members appointed by
the City Council; Section 2-3-2 to provide for two (2) three (3) year
terms with three (3) of the initial members appointed for one (1) year
terms in order to establish staggered term.~ of office; Section 2-3-4A to
provide for four (4) members of the Committee to be present to
establish a quorum for the conduct of business; and Section 2-3-7 to
provide that the Director of ICS be the Coordinator of the Committee,
and authorizing the Mayor to sign.
I. Consider approval to waive Section 2-4-4(E) of Ordinance No. 86364
pertaining to the allowable number of absences on a Board or
Commission within a 12-month period for George Redford, Chairman
of the Planning and Zoning Commission.
J. Consider approval of the resignation of Lanse Fullinwider, member of
the "Keep Coppell Beautiful Committee."
Items A, F and G were pulled for further consideration.
CMm
Items B, C, D, E, H, I and J--
Councilmember Robertson moved to approve Consent Agenda Items B, C carrying Resolution
No. 070996.1, D carrying Ordinance 96768, E carrying Ordinance No. 91500-A-131, H
carrying Ordinance 96769, I and J. Councilmember Sheehan seconded the motion; the motion
carried 6-0 with Mayor Pro Tem Mayo and Councilmembers Alexander, Sturges, Tunnell,
Robertson, and Sheehan voting in favor of the motion.
Item A --
Councilmember Sheehan stated corrections needed to be made to the June 25, 1996 minutes
under Item 15. Don Miller should read Dianne Miller and Kathy Catillo should read Kathy
Gautille. Couneilmember Tunnell pointed out that between Items 10 and 11, the Executive
Session should show to be adjourned into regular session. Also the name of the Woman of the
Year under Item 7 should be corrected to Colleen Cherrett. Councilmember Sheehan moved to
approve the minutes submitted under Consent Agenda Item A as corrected. Councilmember
Robertson seconded the motion; the motion carried 6-0 with Mayor Pro Tern Mayo and
Councilmembers Alexander, Sturges, Tunnell, Robertson, and Sheehan voting in favor of the
motion.
Item F & G --
Councilmember Robertson moved to approve Consent Agenda Items F carrying Ordinance No.
91500-A-132 and Item G carrying Ordinance No. 91500-A-133. Councilmember Alexander
seconded the motion; the motion carried 5-1 with Mayor Pro Tem Mayo and Councilmembers
Alexander, Sturges, Robertson, and Sheehan voting in favor of the motion and Councilmember
Tunnell voting against the motion.
8. PUBLIC HEARING
Consider approval of expending $86,657 of 1996 Community Development
Block Grant Funds for constriction of recreational field rest room facilities at
Coppell Middle School West.
Gary Sieb, Director of Planning and Community Services, made a presentation to the Council.
Mayor Pro Tem Mayo opened the Public Hearing and asked for those persons wishing to speak
regarding this proposal. There were none. Councilmember Robertson moved to close the
Public Hearing and approve the expenditure of Fiscal Year 1996 Community Development Block
Grant Funds in the amount of $86,657 for the construction of recreational field rest room
facilities at Coppell Middle School West. Councilmember Sheehan seconded the motion; the
motion carried 6-0 with Mayor Pro Tem Mayo and Councilmembers Alexander, Sturges,
Tunnell, Robertson, and Sheehan voting in favor of the motion.
Pa~e 4 of 9
.~_ 9. Consider approval of expenditure of Fiscal Year 1996 Community
Development Block Grant Funds in the amount of $86,657 for the construction
of recreational field rest room facilities at Coppell Middle School West.
This item was considered under Item 8. See Item 8 for minutes.
10. Consider approval of the Sandy Lake Addition (Childrens First Academy, Lot
2, Block A, Preliminary_ Plat, to allow the operation of a day care center on
1.937 acres of property located on the west side of Samuel Boulevard,
approximately 184.93 feet north of Sandy Lake Road.
Councilmember Robertson moved to approve Item 10 - Sandy Lake Addition (Childrens First
Academy), Lot 2, Block A, Preliminary Plat, to allow the operation of a day care center on
1.937 acres of property located on the west side of Samuel Boulevard, approximately 184.93 feet
north of Sandy Lake Road, subject to the conditions as submitted on the Agenda Request Form,
Item 11 - Coppell Town Center Addition, Preliminary Plat, to create a single lot that will allow
the development of the Criminal Justice Center and the future Fire Station No. 3, as well as
accommodate the existing Town Center located on the south side of Parkway Boulevard,
approximately 295.50 feet east of Denton Tap Road and Item 12 - Municipal Fire Station, No.
2, Lot 1, Block A, Preliminary Plat, to allow the development of a municipal fire station on
1.15 acres of property located on the east side of MacArthur Boulevard, approximately 3,027
feet north of Beltline Road and that the Planning and Zoning Commission make the
determination of final approval on the plats. Councilmember Sheehan seconded the motion; the
motion carded 6-0 with Mayor Pro Tem Mayo and Councilmembers Alexander, Sturges,
Tunnell, Robertson, and Sheehan voting in favor of the motion.
11. Consider approval of the Coppell Town Center Addition, Preliminary Plat. to
create a single lot that will allow the development of the Criminal Justice
Center and the future Fire Station No. 3, as well as accommodate the existing
Town Center located on the south side of Parkway Boulevard, approximately
295.50 feet east of Denton Tap Road.
This item was considered under Item 10. See Item 10 for minutes.
12. Consider approval of the Municipal Fire Station, No. 2. Lot 1. Block A.
Preliminary_ Plat, to allow the development of a municipal fire station on 1.15
acres of property located on the east side of MacArthur Boulevard,
approximately 3,027 feet north of Beltline Road.
This item was considered under Item 10. See Item 10 for minutes.
13. PUBLIC HEARING (Continuation from June 11, 1996)
Consider approval of Case No. ZC-590, Property Trust Partnership, zoning
change from SF-12 (Single Family-12) to TC (Town Center), on I acre of
property located on the north side of Sandy Lake Road, approximately 379
feet east of Denton Tap Road.
Mayor Pro Tem Mayo reminded those present that this Public Hearing continues from the
June 11, 1996 Council meeting. Gary Sieb, Director of Planning and Community Services,
made a presentation to the Council. Mayor Pro Tem Mayo announced that the Council would
adjourn into Executive Session.
EXECUTIVE SESSION (Closed to the public)
Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation with City
Attorney.
Mayor Pro Tern Mayo convened into Executive Session at 7:56 p.m. as allowed under the
above-stated article. Mayor Pro Tem Mayo adjourned the Executive Session at 8:03 p.m. and
opened the Regular Session.
REGULAR SESSION (Open to the Public)
Mayor Pro Tern Mayo advised that Item 14 would also be discussed. Gary Sieb, Director of
Planning and Community Services, made a presentation to the Council regarding the plat of Item
14. Mayor Pro Tem Mayo asked for those persons wishing to speak regarding this proposal.
Bill Freda, 161 Dickens Drive, presented Council with copies of Duns Financial Profile dated
July 5, 1996 and the Dunn and Bradstreet Business Information Reports dated July 8, 1996 and
asked that these reports be placed into the public record and requested that Council inquire into
the credit worthiness of Randall's/Tom Thumb; Kathy Vint, 105 Dickens, addressed the Council
(during which slides were shown) regarding concerns of safety and traffic including truck traffic
entering only from Denton Tap and not Sandy Lake Road, the 6-foot screening wall, unsecured
power boxes and leaky equipment, bread carts, open 220-volt boxes, noise abatement and air
pollution; Bob Vint, 105 Dickens, spoke in opposition to this proposal; Jim McCown, 109
Dickens, expressed his anger and disappointment regarding the proposal and presented a petition
to Council; Debra Dezendorf, 468 Shadowcrest, voiced her concerns regarding this proposal;
and Don Roberts, 175 Highland Meadow Circle, addressed Council concerning his reservations
regarding this proposal. Kevin Caldwell, representing the developer Ewing Properties, made
a presentation and addressed questions of Council. Ken Griffin, Assistant City Manager/City
Engineer, answered inquiries regarding roadway traffic. Harold Spiegel, consulting arborist,
answered questions concerning the tree preservation. The developer was asked by Council to
address the requests of the Chaucer Estates homeowners. The developer stated that the dock
area could be moved to the north side; that the dumpster would remain where current plans
show; that the back of the building could be bricked; and the setback cannot be increased by
cutting off a portion of the building on the south side. Councilmember Sturges requested an
Executive Session.
EXECLrITVE SESSION (Closed to the public)
Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation with City
Attorney.
Mayor Pro Tem Mayo convened into Executive Session at 9:44 p.m. as allowed under the
above-stated article. Mayor Pro Tern Mayo adjourned the Executive Session at 9:53 p.m. and
opened the Regular Session.
REGULAR SESSION (Open to the Public)
Mayor Pro Tem Mayo reconvened Regular Session and advised that a five-minute recess would
be held.
Mayor Pro Tem Mayo continued with consideration of Item 13. Councilmember Sturges moved
to close the Public Heating and approve Case No. ZC-590. Property Trust Partnership, zoning
change from SF-12 (Single Family-12) to TC (Town Center), on 1 acre of property located on
the north side of Sandy Lake Road, approximately 379 feet east of Denton Tap Road, subject
to the following conditions: 1) adequate screening for utility air conditioning units located on top
of the building; 2) utility boxes or units at the rear of the building must be painted to match the
color of the building when possible; 3) the hours of loading and unloading will not be allowed
from 10:00 p.m. to 6:00 a.m. daily; 4) the developer will make sure that trees that can be saved
are properly fenced off, with temporary chain link fences, at the drip line and protected during
the construction phase; 5) additional tree landscaping at the northwest corner of the property as
shown on the site plan; 6) all new and remaining existing landscaping will be kept in a healthy
and growing condition and any dead or dying trees are to be promptly replaced for a period of
three years after the issuance of a CO at a 1-3 ratio with three inches being the minimum, either
on the same site as the dying tree, or in a location agreed to by the City and Developer (e.g.,
if a 21" caliper tree dies within three years, it will be replaced with 7 caliper inches of tree);
7) Developer will meet with the City to discuss transplanting trees before development on the
site; 8) an eight-foot brick wall will be built behind the shopping center on the east side.
Councilmember Sheehan seconded the motion; the motion carried 4-2 with Mayor Pro Tem
Mayo and Councilmembers Sturges and Sheehan voting in favor of the motion and
Councilmembers Alexander and Robertson voting against the motion. Councilmember Tunnell
abstained from voting on this proposal which counted as an affirmative vote.
14. Consider approval of the Town Center Shopping Center, Lot 1, Block 2, _
Preliminary Plat, to allow the development of a shopping center on 8.943
acres of property fronting the north side of Sandy Lake Road and the east
side of Denton Tap Road, adjoining the Overton Bank property.
Councilmember Sturges moved to approve Town Center Shopping Center, Lot 1, Block 2,
Preliminary Plat, to allow the development of a shopping center on 8.943 acres of property
fronting the north side of Sandy Lake Road and the east side of Denton Tap Road, adjoining the
Overton Bank property subject to conditions 6, 9 and 10 as submitted on the Agenda Request
Narrative and the submittal of a revised site plan. Councilmember Sheehan seconded the
motion; the motion carried 4-2 with Mayor Pro Tern Mayo and Councilmembers Sturges and
Sheehan voting in favor of the motion and Councilmembers Alexander and Robertson voting
against the motion. Councilmember Tunnell abstained from voting on this proposal which
counted as an affirmative vote.
15. Necessary action resulting from Executive Session.
There was no action necessary under this item.
16. City Manager's Report ....
A. Discussion of Special called City Council Work Session scheduled for
July 30, 1996.
A. City Manager Jim Witt advised that city staff from the Environmental Health Department
would make a presentation at the Special City Council Work Session on July 30, 1996.
B. City Manager Jim Witt asked Ken Griffin, Assistant City Manager/City Engineer, to
discuss the Water Use Plan. Mr. Griffin made a short presentation to the Council
concerning water use within the city.
C. Councilmember Tunnell announced that the Runway Use Plan meeting that was scheduled
for Thursday, July 11, 1996, had been cancelled.
17. Mayor's Report.
There was no Mayor's Report.
There being no further business to come before tl~ City Council, the meeting was adjourned.
Lanny Mayo, Mayor Pro Tem
ATTEST:
Linda Grau, City Secretary