CM 1996-12-10 MINUTES OF DECEMBER 10, 1996
The City Council of the City of Coppell met in Regular Called Session on Tuesday,
December 10, 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
Lanny Mayo, Mayor Pro Tem
Norm Alexander, Councilmember
Chuck Sturges, Councilmember
Danny L. Watson, Councilmember
Marsha Tunnell, Councilmember
Ron Robertson, Councilmember
Candy Sheehan, Councilmember
Also present were City Manager Jim Witt, City Secretary Kathleen Roach 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 Executive Session.
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation with City
Attorney.
1. D/FW Runway Use Plan.
B. Section 551.072, Texas Government Code - Deliberation regarding real
property.
1. Land acquisition - Wagon Wheel Property.
C. Section 551.074, Texas Government Code - Personnel Matters.
1. Evaluation of City Manager.
Mayor Morton convened into Executive Session at 6:10 p.m. as allowed under the above-stated
article. Mayor Morton adjourned the Executive Session at 6:55 p.m. and opened the Work
Session.
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WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion of Town Center Master Plan.
B. Discussion of Agenda ltemg.
REGULAR SESSION (Open to the Public)
4. Invocation.
Mayor Pro Tem Mayo led those present in the Invocation.
$. Pledge of Allegiance.
Mayor Morton led those present in the Pledge of Allegiance.
6. Citizen's Appearances.
Council agreed to extend the 20-minute length of time for Citizens Appearance due to the
number of people wishing to speak on the D/FW issue and the bike helmet issue.
A. Amanda Roberson, 848 Blue Jay, spoke on behalf of Girl Scout Troop 81 regarding the
bike helmet issue and indicated a desire to keep the ordinance in effect.
B. Marcia Szerlip, 978 Laguna Drive, requested and received eight minutes and addressed
the Council concerning the D/FW Airport issue and the overflight/noise problems.
Couneilmember Sheehan recommended that an item be placed on the next City Council
agenda to appoint a Citizen's Task Force and that the Task Force and Council hold a
joint Work Session to share information.
C. Philip Knight, 252 Plantation Road, asked that the airport issue not be dropped and that
the City needs to unite on the issue.
D. David VonZurmuehlen, 317 Brooks Lane, spoke regarding the D/FW Airport issue and
inquired as to the landing procedures.
E. Jon Copeland, 321 Matheson Court, addressed the Council concerning the D/FW Airport
issue.
F. Tom Bresnahan, 607 Oakbend Drive, also spoke regarding the airport issue.
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G. Mike McFarlane, 305 Hearthstone Lane, discussed an upcoming meeting with numerous
representatives involved in the airport issue.
H. Jerry Nisbett, 5571/2 Coppell Road, advised Council of his concerns regarding the airport
issue.
I. Dennis James, 520 Parish, spoke regarding the airport issue and asked for Council's help
in the matter and inquired as to any legal recourse.
J. Ron Leone, 401 Cozby Avenue, addressed Council regarding the airport issue.
K. Marcia Szerlip addressed the Council a second time on the airport issue.
L. Greg Stanford, Chief of Trauma at Parkland Hospital and President of the Dallas Brain
Injury Association, addressed the Council concerning the bicycle helmet issue and the
medical and cost issues involved in head injuries.
M. Jill Blanton, 846 Meadowglen Circle, spoke to Council in support of the bicycle helmet
ordinance.
N. Jayne Peters, 759 Greenway Drive, advised Council of her support of the bicycle helmet
ordinance and expressed her desire to see helmets required for in-line skaters also.
O. Steve Houghton, 657 DeForest Road, addressed Council regarding his opposition to the
bicycle helmet ordinance.
P. Ron Forest, 140 Park Valley Court, spoke to Council regarding his opposition to the bike
helmet ordinance.
Q. Joe Shirley, 582 Villawood Lane, addressed the Council concerning the fact that the
citizens do not have information in sufficient time prior to Council meetings.
Councilmember Sturges agreed with the fact that there are times that Councilmembers
do not have sufficient time to be fully versed on an issue before they are asked to vote
on that issue.
R. Michael Raymond, 800 Crane Drive, addressed the Council concerning the bicycle
helmet issue.
At this time, Mayor Morton introduced the new Fire Chief, Robert Kruse, who will come on
board with the City on December 16, 1996.
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7. Report from the CoppeH Recreation Development Corporation.
Tim Higgins, President of the Coppell Recreation Development Corporation, addressed the
Council for a monthly report on the activities of the Corporation and discussed the status of the
selection process for the site of a pool and recreation center. A video was shown to Council.
8. Discussion of Ordinance #96780 regarding bicycle helmets.
Council held a discussion regarding Ordinance #96780 and a request to reconsider the ordinance.
Councilmember Robertson advised that he was glad to hear the citizen input on this matter.
Councilmember Sturges advised that he had voted against the passage of the ordinance because
of the requirement of adults wearing helmets. Councilmember Tunnell stated that she was in
favor of the ordinance as it stands. Councilmember Sheehan made comments concerning her
support of the ordinance. Police Chief David Miller addressed the Council concerning the
enforcement and need for the ordinance. Councilmember Watson advised that he was not in
favor of forcing adults to wear helmets. Councilmember Alexander expressed his desire to keep
the current ordinance in place. Mayor Pro Tern Mayo stated he was in favor of the ordinance
as it stands. After lengthy discussion, Councilmember Robertson moved to place an item on the
next agenda amending Ordinance No.. 96780 to apply to citizens age 16 and under and to
eliminate adults over the age of 16. Councilmember Sturges seconded the motion; the motion
failed 3-4 with Councilmembers Sturges, Watson, and Robertson voting in favor of thc motion
and Mayor Pro Tern Mayo and Councilmembers Alexander, Tunnell and Sheehan voting against
motion. Ordinance No. 96780 will stand and become effective January 1, 1997.
At this time, a short recess was held.
Item 11 was considered at this time. See Item 11 for minutes.
9. PROCLAMATIONS:
A. Consider approval of a proclamation naming Saturday, December 14,
1996 as NATIONAL NIGHT OUT APPRECIATION DAY, and
authorizing the Mayor to sign. Presentation of the award is to the
citizens and staff of Coppell who helped make National Night Out an
award winning event for the City of Coppell. The award will be
accepted by Officer Tracy West who spearheaded the campaign.
B. Consider approval of a proclamation naming the month of December
1996 as "National Drunk and Drugged Driving Prevention Month" and
December 20, 1996 as "National Lights on for Life Day" and
authorizing the Mayor to sign.
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A. Mayor Morton announced that this was the sixth award won by the City of Coppell for
National Night Out and read the Proclamation into the record. The award was presented
to Police Chief David Miller and Officer Tracy West. Chief Miller advised that the State
of Texas had won the state award. Mayor Pro Tem Mayo moved to approve a
proclamation naming Saturday, December 14, .1996 as NATIONAL NIGHT OUT
APPRECIATION DAY, and authorizing the Mayor to sign. Councilmember Tunnell
seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mayo and
Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson, and Sheehan voting
in favor of the motion.
B. Mayor Morton read the Proclamation into the record. Mayor Pro Tem Mayo moved to
approve a proclamation naming the month of December 1996 as "National Drunk and
Drugged Driving Prevention Month" and December 20, 1996 as "National Lights on for
Life Day" and authorizing the Mayor to sign. Councilmember Robertson seconded the
motion; the motion carried 7-0 with Mayor Pro Tem Mayo and Councilmembers
Alexander, Sturges, Watson, Tunnell, Robertson, and Sheehan voting in favor of the
motion.
CONSENT AGENDA
10. Consider approval of the following consent agenda items:
A. Consider approval of minutes: November 12, 1996
November 19, 1996
B. Consider approval of a Resolution amending Resolution#010996.3, as
heretofore amended, regarding General and Special Fees as they relate
to Animal Control and Public Information, and authorizing the Mayor
to sign.
C. Consider approval of an agreement with Family Medicine Associates of
Texas, P.A. to perform annual medical physicals for ali certified f'we
personnel in accordance with various NFPA and OSHA/EPA guidelines
and authorizing the City Manager to sign.
D. Consider approval of an Ordinance for Case No. S-1114, Papa John's
Pizza, zoning change from C (Commercial) to C-S.U.P. (Commercial,
Special Use Permit, with special conditions, to allow the development
of a 1.262 s.f. restaurant, located on the east side of MacArthur
Boulevard, approx. 130.16 feet north of Sandy Lake Road, and
authorizing the Mayor to sign .....
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_ E. Consider approval of an Ordinance for Case No. S-1109, Bagel Delite,
zoning change from C (Commercial) to C-S.U.P. (Commercial, Special
Use Permi0, with special conditions, to allow the operation of a
restaurant at 110 W. Sandy Lake Road, Suite 118 0Noodside Village
Shopping Center), and authorizing the Mayor to sign.
F. Consider approval of an agreement between the CoppeH Recreation
Development Corporation (CRDC) and Brinkley Sargent Architects,
Inc., for architectural professional services.
G. Consider approval of an agreement between the City of Coppell and
Vista Properties, Inc., concerning the use of Vista Ridge Amphitheater,
and authorizing the City Manager to sign.
H. Consider approval of an Ordinance amending Chapter 17 - Impact Fees
by amending Section 1%1-12 to add Subsection E to exempt Coppell
Independent School District from impact fees, and authorizing the
Mayor to sign. This ordinance reflects the motion acted upon by the
Council at their November 12, 1996 regular meeting.
__ Item F was pulled for further consideration.
Items A, B, C, D, E, G and H --
Councilmember Robertson moved to approve Consent Agenda Items A, B carrying Resolution
No. 121096.1, C, D carrying Ordinance No. 91500-A-144, E carrying Ordinance No.
91500-A-146, G and H carrying Ordinance No. 96781. Mayor Pro Tern Mayo seconded the
motion; the motion carried 7-0 with Mayor Pro Tern Mayo and Councilmembers Alexander,
Sturges, Watson, Tunnell, Robertson, and Sheehan voting in favor of the motion.
Item F --
Mayor Pro Tem Mayo apologized for not being in attendance at the work session concerning this
issue and posed some questions regarding site selection. Deputy City Manager Clay Phillips
responded to the questions of Mayor Pro Tem Mayo. Mayor Pro Tem Mayo moved to approve
Consent Agenda Item F. Councilmember Alexander seconded the motion; the motion carried
7-0 with Mayor Pro Tem Mayo and Couneilmembers Alexander, Sturges, Watson, Tunnell,
Robertson, and Sheehan voting in favor of the motion.
11. Recognition of recipients of the eighth annual Christmas Spirit Awards for
individual homeowners and neighborhoods.
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Rene' Lawson, representing the Parks and Recreation Board, announced the following winners
of the Christmas Spirit Awards:
Individual Homeowners - 1st Place Randy Ewasko
126 Pecan Hollow Drive
2nd Place Tammy Howard
800 Crane Drive
3rd Place Carl & Charlotte Pointek
309 Parkview
Neighborhood Winners - 1st Place Don Kearh
Street of Oriole Lane
2nd Place Debbie Miller
100 Block of Sand Point Court
3rd Place Dave Miller
200 Block of Bay Circle
12. Consider approval of a Resolution to adopt a policy for the City and staff to
notify Carrollton-Farmers ISD with any reference, invitation, or action that
is automatically given to Coppell ISD, and authorizing the Mayor to sign.
Mayor Morton announced that this item had been pulled and would be re. scheduled to appear on
the agenda for the January 14, 1997 City Council meeting.
13. PUBLIC HEARING:
Consider approval of Case No. S-1074R, White Glove Express, zoning change
from C (Commercial) and C-S.U.P. (Commercial, Special Use Permit), to C-
S.U.P. (Commercial, Special Use Permi0, to amend the existing Special Use
Permit and to grant a Special Use Permit on land to the south of the existing
car wash to allow the construction of an oil lube and car detailing facility,
located along the east side of Denton Tap Road, approximately 500 feet south
of Braewood 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
regarding this proposal. There were none. Councilmember Watson inquired regarding the new
signs. Councilmember Tunnell inquired as to the citizen notification of the zoning change,
whether this was a quick lube facility and whether there would be outside storage of
automobiles. Councilmember Sturges extended his compliments on this project. Lenny Poulsen,
Applicant, made a presentation to the Council regarding the traffic patterns at the facility.
Councilmember Sturges moved to close the Public Hearing and approve Case No. S-1074R,
White Glove Express, zoning change from C (Commercial) and C-S.U.P. (Commercial, Special - -
Use PermiO, to C-S.U.P. (Commercial, Special Use PermiO, to amend the existing Special Use
Permit and to grant a Special Use Permit on land to the south of the existing car wash to allow
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the construction of an oil lube and car detailing facility, located along the east side of Denton
Tap Road, approximately 500 feet south of Braewood Drive subject to the following conditions:
1) the screening fence on the south side is allowed to be a landscape screen with plants to be
consistent with the Zoning Ordinance; 2) that the site plan be revised to show that all proposed
signs are to be backlit; and 3) subject to the six conditions as listed on the Agenda Request Form
as submitted. Mayor Pro Tem Mayo seconded the motion; the motion carried 7-0 with Mayor
Pro Tern Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson, and
Sheehan voting in favor of the motion.
14. PUBLIC HEARING:
Consider approval of Case No. S-1117, Lone Star Gas Company's Natural
Gas Measuring Station, zoning change from C (Commercial) to C-S.U.P.
(Commercial, Special Use Permit), to allow the construction of a natural gas
measuring station on a 900 square foot lot, located along the north side of
Beltline Road, approximately 700 feet west of MacArthur 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 Tunnell inquired regarding the fire
department requirements and whether this connects to the line running through the city. Mayor
__ Morton inquired as to whether this was the same type monitoring facility as exists in Northlake
Woodlands. Councilmember Alexander asked for the exact proposed location. Ron Casey,
Operations Manager for Lone Star Gas Company, addressed the Council concerning the
proposed zoning change and the need for the facility. Councilmember Robertson moved to close
the Public Hearing and approve Case No. S-1117, Lone Star Gas Company's Natural Gas
Measuring Station, zoning change from C (Commercial) to C-S.U.P. (Commercial, Special Use
Permit), to allow the construction of a natural gas measuring station on a 900 square foot lot,
located along the north side of Beltline Road, approximately 700 feet west of MacArthur
Boulevard subject to the conditions as stated on the Agenda Request Form. Mayor Pro Tem
Mayo seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mayo and
Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson, 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.
1. Nextel Telecommuulcation Tower.
-- Mayor Morton convened into Executive Session at 10:40 p.m. as allowed under the above-stated
article. Mayor Morton adjourned the Executive Session at 10:52 p.m. and reconvened the
Regular Session.
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REGULAR SESSION (Open to the Public)
1S. PUBLIC HEARING:
Consider approval of Case No. S-1118, Nextel Telecommunication Tower,
zoning change from C (Commercial) to LI (Light Industrial) and LI-
S.U.P.(Light Industrial, Special Use Permit), to establish Light Industrial
zoning on 7.2 acres of property consistent with the recommendations of the
Comprehensive Master Plan and to allow by Special Use Permit the
construction of a 120 foot monopole with three 15 foot omni whip antennae
attached and an equipment shelter at the base of the pole on a 2,500 square
foot site within the 7.2 acre tract, located along the north side of Coppell
Road, approximately 726' east of S.H. 121.
Gary Sieb, Director of Planning and Community Services, made a presentation to the Council
stating that the Planning and Zoning Commission denied this zoning change and therefore a 3/4
vote of Council would be required to pass this item. Mayor Morton opened the Public Hearing
and asked for those persons wishing to speak regarding this proposal. Walter Pettijohn, 525 Oak
Grove Lane, addressed the Council indicating his support for this proposal; and Robert H.
Staton, 14522 Cypress Point Drive, Farmers Branch, addressed the council as owner of the
property and indicated he only wanted the zoning change if the tower is allow to be placed on
his property. Alan Haggard, representing Nextel, addressed the Council regarding this proposal
and stated that any electric transmission pole is not a good site for their tower due to frequency.
Councilmember Tunnell inquired as to any other structures on the property and for an
explanation regarding the frequency and electric transmission poles. Bill Callahan, representing
Nextel, addressed the frequency question, the noise involved and stated that they had been
directed by Motorola, the equipment vender, to avoid power lines. Councilmember Robertson
moved to close the Public Hearing and approve Case No. S-1118, Nextel Telecommunication
Tower, zoning change from C (Commercial) to LI (Light Industrial) and LI-S.U.P.(Light
Industrial, Special Use Permit), to establish Light Industrial zoning on 7.2 acres of property
consistent with the recommendations of the Comprehensive Master Plan and to allow by Special
Use Permit the construction of a 120 foot monopole with three 15 foot omni whip antennae
attached and an equipment shelter at the base of the pole on a 2,500 square foot site within the
7.2 acre tract, located along the north side of Coppell Road, approximately 726' east of S.H.
121. Councilmember Watson seconded the motion; the motion, which required a 3/4 vote,
failed 4-3 with Councilmembcrs Alexander, Sturges, Watson, and Robertson voting in favor of
the motion and Mayor Pro Tern Mayo and Councilmembers Tunnell and Sheehan voting against
the motion.
16. Consider approval of Riverview Estates, Final Plat, to allow the development
of a 66-lot residential subdivision on approximately 19.32 acres of property,
located south of Sandy Lake Road, approximately 728.42 feet east of
Riverchase Drive.
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__ Gary Sieb, Director of Planning and Community Services, made a presentation to the Council.
Councilmember Robertson moved to approve Riverview Estates, Final Plat, to allow the
development of a 60-lot residential subdivision on approximately 19.32 acres of property, located
south of Sandy Lake Road, approximately 728.42 feet east of Riverchase Drive, subject to the
conditions as stated on the Agenda Request Form. Mayor Pro Tern Mayo seconded the motion;
the motion carried 7-0 with Mayor Pro Tem Mayo and Councilmembers Alexander, Sturges,
Watson, Tunnell, Robertson, and Sheehan voting in favor of the motion.
17. Consider approval of a resolution authorizing the Steering Committee of Lone
Star Gas Service Area Cities to retain legal counsel and consultants;
authorizing the Steering Committee to intervene on behalf of the City of
Coppell in Texas Railroad Commi~ion Gas Utilities Dockets 8647 and 8664
and related dockets and cases inquiring into the rates and services and
operations of Lone Star Gas Company, and authorizing the Mayor to sign.
City Manager Jim Witt made a presentation to the Council. Councilmember Robertson moved
to deny a resolution authorizing the Steering Committee of Lone Star Gas Service Area Cities
to retain legal counsel and consultants; authorizing the Steering Committee to intervene on behalf
of the City of Coppell in Texas Railroad Commission Gas Utilities Dockets 8647 and 8664 and
related dockets and cases inquiring into the rates and services and operations of Lone Star Gas
Company. Councilmember Tunnell seconded the motion; the motion to deny carried 7-0 with
Mayor Pro Tern Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson,
and Sheehan voting in favor of the motion.
18. Consider approval of an interlocal agreement between the City of CoppeH and
the Coalition of Cities to support the creation of and participation in a
coalition of cities to support and defend the 4A and 4B sales tax, and
authorizing the Mayor to sign.
City Manager Jim Witt made a presentation to the Council and asked that the City of Coppell
become an initiating member of the coalition. Councilmember Tunnell inquired as to what
constituted an initiating member and was informed that that term referred to a voting member.
Councilmember Sheehan moved to approve an interlocal agreement between the City of Coppell
and the Coalition of Cities to support the creation of and participation in a coalition of cities to
support and defend the 4A and 4B sales tax, and authorizing the Mayor to sign. Mayor Pro
Tem Mayo seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mayo and
Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson, and Sheehan voting in favor
of the motion.
19. Necessary action resulting from Executive Session.
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Mayor Pro Tem Mayo moved to approve a 5.5 % increase in the salary of City Manager Jim
Witt; to increase the ICMA contribution to 5 % of his base pay and for his car allowance to
remain the same. Councilmember Robertson seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson,
and Sheehan voting in favor of the motion.
20. City Manager's Report.
A. City Manager Jim Witt thanked Council for their confidence in his abilities.
21. Mayor's Report.
A. Endorsement of Project Graduation.
B. Review of Church steeple issue.
A. Mayor Morton advised as to what Project Graduation represents and asked for Council's
endorsement of the project. Consensus of Council was to donate $250.00 to the project.
B. Gary Sieb, Director of Planning and Community Services, stated that the First United
Methodist Church filed a request for a variance on their steeple height which was denied
by the Board of Adjustment. After reviewing the matter, Mr. Sieb feels a slight
variation could be made in the site plan which would rectify the problem wherein the
steeple would not be in violation of the current zoning regulations.
C. Mayor Morton discussed a document he had received referring to the absorption of the
MUD and charges that were made on the Internet without any documentation to
substantiate the allegations.
D. Mayor Morton also referred to another document on the Internet regarding open records
requests and references to the Gestapo.
Mayor Morton announced that the Council would adjourn at this time into 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 11:30 p.m. as allowed under the above-stated
article. Mayor Morton adjourned the Executive Session at 11:49 p.m. and reconvened the
Regular Session.
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REGULAR SESSION (Open to the Public)
Mayor Morton reconvened the Regular Session and continued with the Mayor's Report.
E. Mayor Morton asked City Manager Jim Witt to make contact with the spokesmen who
addressed Council regarding the D/FW issue, and establish their goals and bring that
information hack to Council. Mayor Morton announced that a Coppell Noise Forum
would be scheduled to exchange ideas and information. Councilmember Tunnell advised
of the noise group situated with the National League of Cities.
F. Councilmember Sturges stated that he had been meeting with a civic group regarding the
historic issue and advised that there was also a separate group which will devote itself
specifically to ordinances that would be proposed for the historic district.
There being no further business to come before the City Council, the meeting was adjourned.
ATTEST :
Tom Morton, Mayor
Kathleen Roach, City Secretary
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