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CM 1988-11-22 Hinutes of November 22, 1988 The City Council of the City of Coppell met in a regular called session at 7:30 p.m. in the Council Chambers on Tuesday, November 22, 1988 in the Coppell To~n Center. The follovtng members were present: Leu Duggan, Nayor Dean Wilkerson, Mayor Pro Tam l~altsr PettiJohn, Councilman Tom Norton, Councilman Bill Smothet~on, Council~mn Jim Cowman, Councilman Hark Wolfe, Council~ John A. Nelson, Councilman Also present were City Hanager Alan D. Ratliff, City 8ecretary Dorothy Timmons, and City Attorney Larry Jackson. Ths meeting was callsd to order and everyone asked to stand whils Councilman Norton gave the invocation. Following the invocation Hayer Duggan led those present in the Pledge of Allsgiance. - Item 3: Approval of Ninutes- November 1, 1988 November 8, 1988 A correction in the spelli~ of the word evidenttar~ was noted in the minu~sa of November 8, 1988. Councilman Morton then moved that the minutes of November 1, 1988 and the minutes of November 8, 1988 with the correction as indicated be approved. Councilman Smothermon seconded the motion; motion carried 7-0 with Hayer Pro Tern Wilharson, Councilmen PettiJohn, Norton, Smothermon, Cowman, Wolfe and Nelson voting in favor of the motion. Item &: Hayor's Report Hayer Duggan reported on the following items: A. Hayer Dugsan informed the Council that construction is unde~ay for the ground storage tank which is located at east Sandy Lab Road. B. Hayer Duggan recommended that Councilman John A. Nelson be appotm~ed ss the Council appointmmnt to the Special Study Co~m~etee for Texas Ai~ Extension Service. C. The Evidautiary Rearing of the Northwest Dallas County Flood Control District is set for November 30, 1988 to deter~ina ,the scope of the hearing which has been set for December 1Ss 1988. The Hayer will be attending the November 30th hearing and requested a consensus from the COuncil ~for his attendance and input into this hearing. Follovin~ discussion by the Council it was determined that the Council consensus was for the Hayer to request a~ broad a scope a hearing as possible and not to include ,a. reques~ 'for a state audit at this time. It was also the consensus of the Council that the expenses for the Hayer will be paid by the City. D. Counci~n Co,man requested information on the~.logo on the City signs, lie requested the City to pur~ua ~,ietallation of this logo on si~ne at all major intsrsseti~. It was the consensus of the Council to proceed ~lth ~i~'"proJect a~nd possibly work on addin~ signs as other i~e~ae~'tt~n are Page 1,of 6 0000'32 E. Councilman Co, man for~ardad an advartisin$ bill to the City which vhaes indicat!~,~~ received at his ho~e address. Staff requested '[o ~d'~r~ct this uilini error. Councilmn C~n r~qusst~d furt~r infomtion cac~hl th~ request fr~ C~nci~n Norton on th~ ~ve~c~sa issues. City ~aser AI~ D. htliff indicated t~t he would be distributhl a response fr~ the City Atto~ey to the ~yor and  G. Covnci~n C~n indicated that he is issuinl a c~llenEe to the d~vel~rs a~ builders in the City to develop and det~ine uniqu~ntss and so~thinl special for the City to help attract business~s to th~ City. Councl~n C~n counted ~ the letter of apolou recently rtceiv~d fr~ Polic~ ~iei T~ Griffin in th~ ~I~ pertainint to litt deliv~ of Co,oil pacers. Re stated that ~ felt that this is ! si~ics pr~ii~d by City ~d did not f~el th~ need for th~ apolo~ for dalive~ Saturday. City Nanas~r Alan D. ~liff infomd Council ~rs that they had ia each of their positions I letter and a ~y to the recently const~cted ~ilbox. ~, Council pacers, and ~il would be available through this ~ilbox on a 21 hour-a-day basis. ~ere would no longer be a n~ed for pacers to be delivered by the Polici Depar~ent. I. Council~a ~olfe indicated ~hat both he and ~yor Pro T~ Dean ~ilkerson had ~et recently with th~ H~ers Association of the Villales of Cotto~ood Cre~k concernins a probl~ t~t had been ~nc~nter~d with the h~si~ of ~ntally handi~pped p~rsons in this neishborho~. H~ver, the peobl~ vas dealt ~th by ~t~se Co~i~y Se~ice~ Inc. C~ci~n hdicated he v~ld lik~ to co~nd th~ H~ers Ass~iation  for their ~ethod of handlinE this problem. J. Councilmn ~rton requested the status of thl opsn~s of Royal Lane due to Fre~ort Par~ay bei~ closed at this t~. CiU HanaEer ~an D. latliff stated that Royal ~ne v~ld probably bi open ~thin ~o (2) to ~hree (3) weeks ~d would see if could speed up this process s~what. Item 5: City Counci! Liaison~s Report A. DART - Councilman Horton indicated that there was an agenda item on this subject later in the meetini and would be discussed at that time. B. FINANCE - no report C. LIBRARY BOARD - Nayor Pro Te~ l~llkerson indicated that he had received a letter fro~ Nike Allan concerning the exchange of land at the City Hail site for acreage alsevhera. In this letter Hr. Allen indicated his request to defer any further action on this project until the Coppell 2000 report was presented to the City Council Hoverer. Hayor Pro Tam l~ilkerson felt that the City should proceed vith this pro, act and requested Finance Director Frank Trando proceed as directed. It was the consensus of the Council to proceed vith this land exch~n~eo D. HUD ABSORPTION COI~ITTEE - Council~a~n S~othetmon indicated that the City had again presented a request to HUD for additional infornation and had subnitted a contract to HUD for PaAa 2 of 6 600033 the maintenance of the lift stations. As soon as information is received fro~ the l~ the ~C~y will begin the feasibility of absorption of this distri~t'. I. COI~CIL OF GOVERI~Lr~TS - no report F. PAI~ BOARD - no report SCHOOL BOARD - Councilman I~olfe indicated that both hi,self and Councilman Nelson had met with Dr. Stanfield, Park Board Clmir~an ~d Reave, and City Hounder Alan D. htliff to discuss the Joint construction of tennis courts, and that the Park Board would be bringing a report end recOaU~ndation forward to the Council in the near future. Iteu 6: Citizen's Appearance8 Nayor Du~n than asked for those persons who wished to speak under the above stated item. Speaking was Mrs. Martha Day, 109 Headowglen. Mrs. Day indicated to the Council her concern over the flooding that occurs in the Headers Addition. Althoush this problm had been alleviated in the past. City staff was requested to check into the possible need for cleerin$ the drainage culverts in this area to alleviate the flooding probl~s. Item 7: 7:30 p.m. First PUBLIC HEARING to consider the annexation of the property located north of the Coppell City limits. City Nanager Alan D. Ratliff indicated that this is the first of t~o public hearings on this annexation process. Hayer Daggan declared the public hearing open and asked for those persona wishing to speak in favor of the proposed annexation. There were none. He then asked for chose persons who wished to speak against the proposed annexation. Again, there were none. The first public hearing was then declared closed at 8:18 p.m. There have been no objection8 received in the City Secretary's office concerning this annexation. There were no persons present at this Council meeting who ca~e forward to speak on this item. No action was required of Council at thio point. Item 8: Discussion and consideration of approval of entering into an agreement with General Telephone Exchanges of the Southwest for installation of a pay phone and authorizing the Mayor to si&m and ~pprove dedicating any operating profits in the Park Special Revenue Fund. Park For~m~n Richard Diane made the presentation to the Council. He indicated that the City would receive IO~ of any revenue received in excess of $90. Following discussion Councilman Smothermon moved that this contract be approved and the Mayor authorized to sign. Councilman Norton seconded; motion carried 7-0 with Hayer Pro Tam ~ilkerson, Councilman PettiJohn, Norton, Smothermon, Corem., Wolfe and Nelson voting in favor of the motion. The wording on the contract will be changed to indicate the City of Coppell as the company -A~e as opposed to Andrew Breve Park. lteu 9: Discnasiou of the current status of the donation of a concesolou stand and field lishtimg. Ed Reeve, Park Board Chairman, made the presentation to the Council. He stated that the soccer fields will be used heavily next spring and p,~m~r. Mayor Dus~an then declared an Executive Session and convened at 8:23 p.m. as allowed under Article 6252-17, Senate Concurrent Resolution Page 3 of 6 000034 Number 83, Discussion with City Attorney concerning matter involving privileged cou~lnication b!t~,~:~rney and client. The Executive Session was adjourned at 8~4~ P~. Follo~ing further discussion Councilmen Smothermon moved that the City Attorney be directed co draft a demand letter requestin8 that the oblisations of SBS be fulfilled. No further action was required on this item at this time. Item 10: Discussion and consideration for filing notification to Texas Waste Management not to continue the automatic one-year renewal and extension provision and receive notice of the rate increase of 3.3~ in accordance with the agreement based on the consumer price index besinnin8 January 1, 1989. Public Works Director Steve Corem made the presentation to the Council. Nr. John Cuetafson representing Texas ~aste Nanagement vas present to discuss this item with the Council. Following discussion Councilman Nelson moved that the City give notice to Texas Waste Nanagemant that the one-year automatic renewal on the contract is being discontinued. Councilman Morton seconded; motion carried 5-2 vith Mayor Pro Wilkerson, Morton, Covnmn, Wolfe and Nelson voCin8 in favor of the motion and Councilmen PetttJohn and Smothermon voting against the motion. Staff was also directed to meet with Texas Waste Nanagemant to review any possible changes or alterations to this contract specifically concernin8 the franchise portion and rates for the commercial collections. Item 11: Discussion and consideration of approval of s variance from Section 9-7-1 of the Code of Ordinances which concerns metal roofs located within the City. The variance is requested by George Chadick for the property located at 509 W. Bethel Road. Chief Buildin8 Inspector Dale Jackson made the presentation to the Council. Also present to discuss this item vith the Council va8 Mr. Larry Harbin representing the applicant George Chadick. Following discussion on this item Councilman Morton sowed that the variance be approved. Councilman Wolfe seconded the motionI motion carried 7-0 with Hayer Pro Tam Wilkerson, Councilmen PettiJohn, Morton, Smothermon, Cowman, Wolfe and Nelson voting in favor of the motion. Item 12: Discussion and consideration of approval of an ordinance adopting the 1988 Uniform Building Code as the City of Coppell Buildin~ Code and authorizing the Hayer to si~n. Following discussion on this item Council~n Morton moved that Ordinance 88-~22 be approved and authorized the Nayor to sign. Councilsm~ Smothermon seconded the motion; motion carried 7-0 with Hayer Pro Tam Wilksrson, Councilmen PettiJohn, Morton, Smotheruon, Co.man, Wolfe and Nelson voting in favor of the motion. After the vote was taken Councilman Norton moved that the City reconsider this item for clarification on the definition of the word repair, councilm~n Wolfe seconded the motionl motion carried 7-0 with Hayer Pro Tam Wilkerson, Councilmen PettiJohn, Morton, Smothsrmon, Co~eman, Wolfs and Nelson votin$ in favor of the motion. Dale Jackson, Chief Buildin~ Official, then defined the use of the word repair in this ordinance. ~r. Jackson stated that the vord repair does not pertain to roofing materials in chis case. If the request va8 co remove the roof to the rafter8 and plywood, sheathing, etc. were to be replaced, this would require a permit and inspection to ensure that the proper type of plywood was used. Mhen de&lin8 with asphalt shingles, no per~lt is required. Following chis clarification, Councilman HorCon moved a second time that Ordinance 88-122 be approved and authorized the Mayor to sign. Councll~aan Smothermon seconded the mo~ionl motion carried 7-0 with Mayor Pro Tam ~ilksrson, Councilmen PettiJohn, Morton, Smotheruon, Cowman, Wolfe and Nelson voting in favor of the motion. Page 4 of 6 000035 ltem 13: Discussion and consideration of approval of an ordinance adopting the 198~: ~nif?.r~.liechanical Code as the City of Coppel1 Nechanicai fi0~'~ :i~- i~thorizing the hyor to si~n. Pollovin~ discussion on this item Councilman Norton moved that Ordinance 88-423 be approved and the Nayor authorized to ei~n. Councilman Suothermon seconded the motion; motion carried 7-0 with Nayor Pro Tern I~ilkerson, Councilmen PettiJohn, Norton, Smothermon, Cov~an, l~olfe and Nelson retina in favor of the motion. Item 14: Discussion and consideration of approval of amending the City of Coppellts Planning aud Zoning process - requested by Councilman PettiJohn. ~ouncllman Pettilohu mede the presentation to the Council. He 8tared that he had attended a recent Crapsviue 0ity Council meetin$ where there was a Joint public hearing between the Planning and Zonin$ Coamtssiou and the City Council. He requested a consensus of the Council for staff to research and come back with a recomendatiou for stre~mltninS the City ts process. Following discussion on this item Nayor Duggan appointed Council,a~_~ ~/olfe as Chairman, Councilman Nelson and Counctlms~ PettiJohn to a study c~.~tttee to work with staff to streamline the Planning and Zontn~ process. Item 15: Discussion and consideration of approval of a proposal to the DART Board alloying the City of Coppell to use 251 of its DART sales taxes for local mobility projects for a period of seven years after which time the city's full 1I sales tax reverts to DART for its capital program. Following discussion on this item Councilman Norton moved to approve an alternative reco~meudation concerning the DART sales tax. This alternative would include e longer time period to be ten (10) years rather Chsn the 8even (7) 88 indicated. That the Council has sole discretiun of the use of type t~o (2) and three (3) funds, that the City disagreed ~lth the vordin~ used on (5) (b) eho~n on Page 3 of the Dallas Area Rapid Transit Nunicipsl Discretionary Nobility Accounts and the wording of this section be deleted in its entirety, and that the Council not enter into a discretionary mobility account until after the City's DART election next August to determine the City's participation in the DART system. Councilman S~thermon seconded the motion; motion carried 7-0 with llayor Pro Te~ l~ilkerson, Councilmen P~tti~ohn, Norton, S~other~on, Co.nan, l~olfe and Nelson voting in favor of the motion. Item 16: 8:~0 p.m. Second PUBLIC ~.~RINC to consider the annexation of the proper~y located north of the Coppell City limits. Nayor Duggan declared the second public hearin$ open and asked for those parsees who wished to speak in favor of the proposed nnn~xatiun. There vets none. Re then asked for those persons who wished to speak s~ainst the proposed annexation. A~ain, there were none. The public hearin$ was then declared closed. For the record there was no persona present who me forward to speak on this item and there have been no objections received in the City Secretaz~y~s office. No action was required on this item at this time. Item 17A: Discussion and rec~.,endation-for sward of Bid 0036, Office Rnclo~rss o Page 5 of 6 Item 17B: Discussion and reco~mendation for award of proposal 0037, Boarding Facility/K~nBel,-~m!~l Control. Item 17C: Discussion and consideration of approval of contracts bet~eeen the City of Coppsll and Hetrocrest Hedicel Services for ~dical Control and Paramedic Continuing Education and authorizing the Nayor to sign. Item lTD: Discussion and consideration of approval of City Council bills in the amount of $197.00. Item 17E: Discussion end consideration of approval of a variance request from Section 10-4-3 J amd 10-4-3 K of the Sign Ordinance which concerns placement o£ off-premise signs in the City and placement of any sign within the public right-of-way. This variance is being requested by Lee Elementary PTA. Councilman Norton requested that Item 17B be withdrawn and considered separately. Councilaan Smothermon then moved tha~ items 17A, 17C and authorizing the Nayor to sign, lTD, and 17E be approved as submitted. Councilman Cowman seconded the motion; motion carried 7-0 wi~h Nayor Pro Tam wilkereon, Councilmen PettiJohn, Norton, Smoths~mon, Cowman, Wolfe and Nelson voting in favor of the motion. Councilman Norton requested that staff look closely at Item 17B to determine a possible long term solution. Following further discussion Councilman Norton moved that Item 17B be approved. Councilman Smothermon seconded the motion; motion carried 7-0 with llayor Pro Tem Wilkerson, Councilmen PettiJohn, Norton, Smother~on, Cow, an, Wolfe and Nelson voting in favor of the motion. EXECUTIV?. SESSION (Closed to the public) Item 18: Article 6252-17. Section 2 (f) discussion concerning the purchase, exchange, lease or value of real property associated with a current economic development project. Item 19: Article 6252-17, Section 2 (e) discussion w/th City Attorney concerning Lewisville Boundary SettlsmenC Agreement. Item 20: Article 6252-17, Senate Concurrent Resolution Number 83. 1. Discussion with City Attorney concerning matter involving privileged communication between Attorney and client. N~yor Duggan then declared the public session closed and convened in~o ~Xecutive ,Session on Tuesday, November 22, 1988 a~ 9:51 p.m. as allowed unde~ ~he above recited articles. Nayor Duggan adjourned the Executive Session at 11:08 p.m. on Tuesday, November 22, 1988. There being no further business to discuss the meeting was adjourned. Lou Duggan Mayor ATTEST: Dorothy Timmons City Secretary NINT~'IT,~; l 12288 I,~*ITS2 ~age 6 of 6 000037