CM 1997-05-13 MINUTES OF MAY 13, 1997
The City Council of the City of Coppell met in Regular Called Session on Tuesday, May 13,
1997 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 Tern
Norm Alexander, Councilmember
Chuck Sturges, Councilmember
Danny L. Watson, Councilmember
Marsha Tunnell, Councilmember
Lan'y Wheeler, 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. Anatomy of a Citizen's Complaint.
Mayor Morton convened into Executive Session at 6:12 p.m. as allowed under the above-stated
article. Mayor Morton adjourned the Executive Session at 6:23 p.m. and opened the Work
Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion with Park Board representatives regarding memorialization
of Parks and Recreation facilities and Saturday Nite Live Program.
B. Discussion of political booths on public property during special events.
C. Discussion of possible revision to Ordinance No. 87377 pertaining to
citizen requested agenda items.
D. 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 Morton led those present in the Pledge of Allegiance.
Items 7 and 8 were considered at this time. See Items 7 and 8 for minutes.
6. Citizen's Appearances.
A. Tiffany Woods & Heather, 215 Moore Road, Apt. 2021, addressed Council on behalf
of the children who attend Friday Nite Live and asked to reinstate the program and retain
James as the manager.
B. Lisa Shockey, 400 Cooper Lane, commented on the Friday Nite Live program and
suggested that attendance might be boosted by some creative advertising.
C. Karen Walker, 190 Chinaberry Way, spoke to Council regarding the Friday Nite Live
program and stated that Shante Carver of the Dallas Cowboys had made an offer to
partner with Friday Nite Live.
D. Arturo Saldana, 401 Bryan Lane, also addressed the Council regarding the Friday Nite
Live program.
E. James Hastings, 18250 Marsh Lane, Director of Friday Nite Live, advised that he would
like to continue to run and oversee the program.
F. Denise Cruger, 477 Sandy Knoll, addressed Council concerning the Saturday Nite Live
program and the issue of the speeding vehicles on Sandy Knoll.
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G. Jackie Cechin, 221 Bay Circle, spoke to Council regarding the Friday Nite Live
program.
H. Steven Houghton, 657 DeForest Road, encouraged the Council to repeal the bicycle
helmet ordinance.
I. West Watson, 136 Meadowglen Circle, addressed the Council regarding the Friday Nite
Live program and expressed his support.
7. Consider approval of resignation of Larry Wheeler from the Planning and
Zoning Commiasion.
Mayor Pro Tern Mayo moved to accept the resignation of Larry Wheeler from the Planning and
Zoning Commission. Councilmember Tunnell seconded the motion; the motion carried 6-0 with
Mayor Pro Tern Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, and Sheehan
voting in favor of the motion.
8. Swearing-in ceremony of City Council members Place 2, 4 and 6.
Mayor Morton swore in Chuck Sturges as Councilmember/Place 2; Marsha Tunnell as
Councilmember/Place 4; and Larry Wheeler as Councilmember/Place 6.
9. PROCLAMATIONS:
A. Consider approval of a Proclamation naming the week of May 18-24,
1997 as National Safe Boating Week, and authorizing the Mayor to
sign.
B. Consider approval of a Proclamation naming May 5-9 Public Service
Recognition Week, and authorizing the Mayor to sign.
C. Consider approval of a Proclamation naming the week of May 18-24,
1997 as National EMS Week, and authorizing the Mayor to sign.
A. Mayor Morton read the Proclamation for the record and presented the same to Bill Talan,
U. S. Coast Guard Flotilla 53. Mayor Pro Tem Mayo moved to approve a Proclamation
naming the week of May 18-24, 1997 as National Safe Boating Week, and authorizing
the Mayor to sign. Councilmember Sheehan seconded the motion; the motion carded
7-0 with Mayor Pro Tern Mayo and Councilmembers Alexander, Sturges, Watson,
.... Tunnell, Wheeler, and Sheehan voting in favor of the motion.
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B. Mayor Morton read the Proclamation for the record and presented the same to City
Manager Jim Witt. Mayor Pro Tem Mayo moved to approve a Proclamation naming
May 5-9 Public Service Recognition Week, and authorizing the Mayor to sign.
Coun¢ilmember Sheehan seconded the motion; the motion carried 7-0 with Mayor Pro
Tem Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, Wheeler, and
Sheehan voting in favor of the motion.
C. Mayor Morton read the Proclamation for the record and presented the same to Fire Chief
Bob Kruse. Mayor Morton advised that Saturday, May 18, 1997, from 1:00 p.m. to
5:00 p.m. there will be an open house at Fire Station #2 on Moore Road. Mayor Pro
Tem Mayo moved to approve a Proclamation naming the week of May 18-24, 1997 as
National EMS Week, and authorizing the Mayor to sign. Councilmember Alexander
seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mayo and
Councilmembers Alexander, Sturges, Watson, Tunnell, Wheeler, and Sheehan voting in
favor of the motion.
10. Presentation to City of Coppell 1997 Woman of the Year.
Mayor Morton read and presented a plaque to Coppell 1997 Woman of the Year, Jeanne Heath.
CONSENT AGENDA
11. Consider approval of the following consent agenda items:
A. Consider approval of minutes: April 22, 1997
May 6, 1997.
B. Consider approval of an Order Providing for Early Voting, Notice and
Appointment of Election Judges for Run-off Election for June 7, 1997.
C. Consider approval of a variance from the Subdivision Ordinance to
extend the validity of the Final Plat of Magnolia Park, allowing twelve
months after November 12, 1996, before the Plat shall be deemed null
and void for failure to submit for signatures by City Officials.
D. Consider approval of a Resolution amending the Tax Abatement
Agreement by and between the City of Coppell, Texas and Primera
Coppell Properties I, Ltd., and authorizing the Mayor to sign.
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E. Consider approval of a Resolution amending the Tax Abatement
Agreement by and between the City of Coppell, Texas and MEPC
Quorum Properties H, Inc., and authorizing the Mayor to sign.
F. Consider approval of a Resolution amending Resolution g010996.3, as
heretofore amended, regarding annual public or semi-public pool or spa
permits, and authorizing the Mayor to sign.
G. Consider approval of an ordinance of the City of Coppell, Texas,
amending the Code of Ordinances by amending Chapter 6, Article 6-2
providing regulations for peddlers and solicitors, and authorizing the
Mayor to sign.
H. Consider approval of the creation of a Patrol Lieutenant's position in
the Coppell Police Department to become effective immediately, and
authorizing the Mayor to sign.
Item G was pulled for further consideration.
Items A, B, C, D, E, F and H --
Mayor Pro Tern Mayo moved to approve Consent Agenda Items A, B carrying Resolution No.
051397.1, C, D, E, F carrying Resolution No. 051397.2 and H. Councilmember Alexander
seconded the motion; the motion carried 7-0 with Mayor Pro Tern Mayo and Councilmembers
Alexander, Sturges, Watson, Tunnell, Wheeler, and Sheehan voting in favor of the motion.
Item G --
City Manager Jim Witt advised that on page 1, section 6-2-1 the word "handicapped" should be
changed to "disabled." Councilmember Tunnell discussed the timeframe for the license and the
procedure for groups like scout troops selling cookies and fundraising items. City Attorney
Peter G. Smith addressed the questions regarding the time limits of the license. City Manager
Jim Witt stated that scout troops and similar groups are addressed in section 6-24. Police Chief
David Miller addressed questions concerning homeowners who did not want solicitors at their
homes. Councilmember Sheehan inquired as to a way to communicate the ordinance to the
non-profit groups. City Manager Jim Witt advised that the ordinance will be forwarded to
various non-profit groups. Councilmember Sheehan moved to approve Consent Agenda Item
G carrying Ordinance No. 97794, subject to the changes as previously noted. Councilmember
Watson seconded the motion; the motion carried 7-0 with Mayor Pro Tern Mayo and
Councilmembers Alexander, Sturges, Watson, Tunnell, Wheeler, and Sheehan voting in favor
of the motion.
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12. Report from Task Force on Independent School District/Community activities
Clay Phillips, Deputy City Manager, introduced Ann Wagner who reported to Council the
activities and findings of the Task Force and requested that Council pass a resolution regarding
the interaction between the school districts. (The report of the Task Force and its
recommendations is on file in the City Secretary Department.) Councilmember Tunnell inquired
as to the method of coordination of programs between the Cities' police and fire departments.
Clay Phillips, Deputy City Manager, advised that the Cities' fire and police departments had
begun efforts of coordination. Mayor Pro Tern Mayo thanked the committee for all their work.
Consensus of Council was to bring the resolution to the next meeting for approval.
13. Presentation by Repeal Helmet Ordinance Committee members and submittal
of signed petition to City Council.
Charles Cotton made a presentation to Council and stated the objectives of the Repeal Helmet
Ordinance Committee was to gather citizen support in the form of a petition which was
distributed to Council. The committee asked that this item be placed on the agenda for the first
meeting after the election so that it would not become a political issue. Addressing the Council
regarding this issue were Vickie McBride, Rich Pilone, Kelly Patterson, and Wayne Alexander.
Councilmember Sturges stated that he did not feel it was good policy for a City Council to take
all suggestions verbatim and indicated that he would like to see some discussion before specifics
were decided. Councilmember Alexander advised that he also had problems in bringing the item
forward with the language as stated in the petition. Consensus of Council was to style an agenda
item for the first meeting in June to consider repeal or amendment of the bicycle helmet
ordinance.
A short recess was held at this time.
14. PUBLIC HEARING:
Consider approval of Case No. S-1126, Tren-Tech Company, zoning change
from C (Commercial) to C-S.U.P. (Commercial, Special Use Permi0, to allow
the operation of a business within a residential structure on Commercial
property, located at 828 Howell 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 Sturges inquired as to what Staff
was doing to defend the residential integrity of the street. Mayor Pro Tem Mayo moved to close
the Public Hearing and approve Case No. S-1126, Tren-Tech Company, zoning change from C
(Commercial) to C-S.U.P. (Commercial, Special Use Permi0, to allow the operation of a
business within a residential structure on Commercial property, located at 828 Howell Drive,
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subject to the conditions as stated on the Agenda Request Form. Councilmember Wheeler
seconded the motion; the motion carried 6-1 with Mayor Pro Tem Mayo and Councilmembers
Alexander, Watson, Tunnell, Wheeler, and Sheehan voting in favor of the motion and
Couneilmember Sturges voting against the motion.
15. PUBLIC HEARING:
Consider approval of Case No. S-1128, Nextel of Texas, Communications
Antenna, zoning change from LI (Light Industrial) to LI-S.U.P. (Light
Industrial, Special Use Permit), to allow the construction of a 120' monopole
with three (3) omni whip antennae attached and a 200 square foot equipment
cabinet at the base of the monopole on a 2,500 square foot site, located
approximately 1,320' west of Coppell Road and 1,390' north of Sandy Lake
Road.
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. Mayor Pro Tem Mayo moved to close the Public
Hearing and approve Case No. S-1128, Nextel of Texas, Communications Antenna, zoning
change from LI (Light Industrial) to LI-S.U.P. (Light Industrial, Special Use Permit), to allow
the construction of a 120' monopole with three (3) omni whip antennae attached and a 200
square foot equipment cabinet at the base of the monopole on a 2,500 square foot site, located
approximately 1,320' west of Coppell Road and 1,390' north of Sandy Lake Road, subject to
the conditions as listed on the Agenda Request Form. Councilmember Alexander seconded the
motion; the motion carried 7-0 with Mayor Pro Tern Mayo and Councilmembers Alexander,
Sturges, Watson, Tunnell, Wheeler, and Sheehan voting in favor of the motion.
16. PUBLIC HEARING:
Consider approval of Freeport North, Lot 3A, Replat of a portion of Lot
5R,(Derse Exhibits) to create a single lot that will allow the development of
105,920 square foot office/warehouse facility on an ll.42-acre site located at
the northeast corner of Royal Lane and Creekview 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. Mike Mayse, representing the Applicant, addressed
the Council concerning this issue and asked the Council to consider to allow them to use
landscaping in lieu of the brick screening wall. Mayor Pro Tern Mayo inquired of the Applicant
concerning the screening wall. Councilmember Tunnell also inquired regarding the screening
wall. Mayor Pro Tem Mayo moved to close the Public Hearing and approve Freeport North,
Lot 3A, Replat of a portion of Lot 5R,(Derse Exhibits) to create a single lot that will allow the
development of 105,920 square foot office/warehouse facility on an ll.42-acre site located at
the northeast corner of Royal Lane and Creekview Drive, subject to the conditions as listed on
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the Agenda Request Form with the added condition that the chain-link fence be built with green
material and posts. Councilmember Sheehan seconded the motion; the motion carried 7-0 with
Mayor Pro Tern Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, Wheeler, and
Sheehan voting in favor of the motion.
17. PUBLIC HEARING:
Consider approval of amending the Comprehensive Zoning Ordinance Text,
Sections 40-1 through 40-7 relative to nonconforming uses and structures.
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. Mayor Pro Tern Mayo had questions regarding the
ordinance. Councilmember Sturges moved to close the Public Hearing and approve Ordinance
No. 91500-A-158 amending the Comprehensive Zoning Ordinance Text, Sections 40-1 through
40-7 relative to nonconforming uses and structures, and authorizing the Mayor to sign.
Councilmember Sheehan seconded the motion; the motion carded 7-0 with Mayor Pro Tern
Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, Wheeler, and Sheehan voting
in favor of the motion.
18. Consider approval of a Comprehensive Zoning Ordinance that amends the
Comprehensive Zoning Ordinance Text, Sections 40-1 through 40-7 relative
to nonconforming uses and structures, and authorizing the Mayor to sign.
This item was considered under Item 17. See Item 17 for minutes.
19. PUBLIC HEARING:
Consider approval of amending the Comprehensive Zoning Ordinance Text,
Section 36-2, "Non-Residential Site Lighting," adding paragraph 3 to limit the
height of luminaries on privately-owned property to 30 feet as measured
vertically from the horizontal surface of the nearest parking pavement.
Gary Sieb, Director of Planning and Community Services, made a presentation to the Council.
Mayor Morton opened the Public Heating and asked for those persons wishing to speak
regarding this proposal. There were none. Mayor Pro Tern Mayo moved to close the Public
Hearing and approve Ordinance No. 91500-A-159 amending Section 36-2, 'Non-Residential Site
Lighting," by adding paragraph 3 to limit the height of luminaries on privately-owned property
to 30 feet as measured vertically from the horizontal surface of the nearest parking pavement,
and authorizing the Mayor to sign. Councilmember Sturges seconded the motion; the motion
carded 7-0 with Mayor Pro Tern Mayo and Councilmembers Alexander, Sturges, Watson,
Tunnell, Wheeler, and Sheehan voting in favor of the motion.
_ 20. Consider approval of a Comprehensive Zoning Ordinance that amends Section
36-2, "Non-Residential Site Lighting,'* by adding paragraph 3 to limit the
height of luminaries on privately-owned property to 30 feet as measured
vertically from the horizontal surface of the nearest parking pavement, and
authorizing the Mayor to sign.
Item 20 was considered under Item 19. See Item 19 for minutes.
21. PUBLIC HEARING:
Consider approval of amending the Comprehensive Zoning Ordinance Text,
Section 32-5 relative to limiting the height of flagpoles.
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 asked what recourse was
available if the ordinance did not cover the matter. Peter G. Smith, City Attorney, advised that
the matters could be controlled through the approval and denial of site plans. Mayor Pro Tem
Mayo moved to close the Public Hearing and approve Ordinance No. 91500-A-160 amending
Section 32-5 relative to limiting the height of flagpoles, and authorizing the Mayor to sign.
Councilmember Wheeler seconded the motion; the motion carried 7-0 with Mayor Pro Tem
Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, Wheeler, and Sheehan voting
in favor of the motion.
22. Consider approval of a Comprehensive Zoning Ordinance that amends Section
32-5 relative to limiting the height of flagpoles, and authorizing the Mayor to
sign.
Item 22 was considered under Item 21. See Item 21 for minutes.
23. Consider approval of an Ordinance for Case No. S-1127, AFE Oil & Gas
Consultants, zoning change from LI (Light Industrial) to LI-S.U.P. (Light
Industrial, Special Use Permit), to allow the drilling of natural gas on 42.3267
acres of property, located approximately 680' south of Corporate Park
Boulevard, along the east side of S.H.121, and authorizing the Mayor to sign.
Gary Sieb, Director of Planning and Community Services, made a presentation to the Council.
Councilmember Watson inquired as to the existence of a transportation pipeline. Mayor Pro
Tern Mayo moved to approve Ordinance 91500-A-161 for Case No. S-1127, AFE Oil & Gas
Consultants, zoning change from LI (Light Industrial) to LI-S.U.P. (Light Industrial, Special
Use Permit, to allow the drilling of natural gas on 42.3267 acres of property, located
approximately 680' south of Corporate Park Boulevard, along the east side of S.H. 121, and
authorizing the Mayor to sign. Councilmember Alexander seconded the motion; the motion
carried 5-2 with Mayor Pro Tern Mayo and Councilmembers Alexander, Watson, Wheeler, and
Sheehan voting in favor of the motion and Councilmembers Sturges and Tunnell voting against
the motion.
24. Consider approval of an Ordinance for Case No. S-1124R, Nextel of Texas,
Communications Antenna, zoning change from LI (Light Industrial) to LI-
S.U.P. (Light Industrial, Special Use Permiy, to allow the construction of a
120' monopole with three (3) omni whip antennae attached and a 200 square
foot equipment cabinet at the base of the monopole on a 2,500 square foot
site, located approximately 1,350' west of State Road and 1,819' south of
Sandy Lake Road, and authorizing the Mayor to sign.
Mayor Pro Tem Mayo moved to approve Ordinance No. 91500-A-162 for Case No. S-1124R,
Nextel of Texas, Communications Antenna, zoning change from LI (Light Industrial) to LI-
S.U.P. (Light Industrial, Special Use Permit), to allow the construction of a 120' monopole with
three (3) omni whip antennae attached and a 200 square foot equipment cabinet at the base of
the monopole on a 2,500 square foot site, located approximately 1,350' west of State Road and
1,819' south of Sandy Lake Road, and authorizing the Mayor to sign. Councilmember
Alexander seconded the motion; the motion carried 6-1 with Mayor Pro Tem Mayo and
Councilmembers Alexander, Sturges, Watson, Wheeler, and Sheehan voting in favor of the
motion and Councilmember Tunnell voting against the motion.
25. Necessary action resulting from Executive Session.
26. City Manager's Report.
A. High School Baseball Complex at Andy Brown.
B. Discussion of date of proposed Work Session for reviewing Park/Ball
Field Lighting, Wrangler Drive, Public Works facility, Paving
requirements for roadways and parking lots, and Denton Tap Road.
A. Councilmember Watson was asked to review the tree inventory of the City of Coppell.
Councilmember Sheehan moved to have Councilmember Watson review the tree
inventory and return it in two weeks. Mayor Pro Tern Mayo seconded the motion; the
motion carded 6-0 with Mayor Pro Tern Mayo and Councilmembers Alexander, Sturges,
Tunnell, Wheeler, and Sheehan voting in favor of the motion.
B. City Manager Jim Witt inquired of Council how much time they wished for staff to
spend on the baseball issues. Councilmember Watson indicated he would not like to see
soccer split into multiple locations. Councilmember Sheehan suggested a meeting with ....
Councilmembers and School Board members to discuss the situation. Councilmember
Sturges inquired what would become of the current high school baseball facility if the
school abandoned it. City Manager Jim Witt advised that he would approach the idea
of developing the fields at Wagon Wheel rather than Andy Brown.
C. City Manager Jim Witt discussed the lighting of the fields, the condition of Wrangler
Drive, Public Works facility, paving requirements for roadways and parking lots and
Denton Tap Road and suggested a work session or tour to discuss these issues. Council
indicated that they would like to have this in June as part of the retreat.
D. City Manager Jim Witt advised that with the election of Councilmember Wheeler, there
was an opening on the Planning and Zoning Commission and inquired as to how Council
wished to handle the appointment. Council asked for copies of the applications on file
and to have an agenda item at the next Council meeting.
27. Mayor's Report.
A. Mayor Pro Tem Mayo welcomed the newest Councilmember, Larry Wheeler.
There being no further business to come before the City Council, the meeting was adjourned.
Tom Morton, Mayor
ATTEST:
Kathleen Roach, City Secretary