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CM 1989-03-14 N~autas of Nareh 14, 1989 Tha City Council of the City of Coppa11 mat in ragu!ar called session on Tuesday, ~reb 14, i989, at 7:30 p.m. in the Coppsll Twin Center, 255 Parkvay Boulevard, Coppe11, T~xas. ~e foll~n8 ~bers ~re present: ~u ~8gsn~ Nayor Dean ~il~rson, ~yor Pro T~ (~te a~ival) ~alter PettiJohn, Counci~n T~ ~rton, ~unci~ Bill S=oth~n, C~nctl~n (lat~ a~ival) J~ C~an, Counci~n ~rk Wo~f~, Counci~n Jo~ A. Nelson, Also pr, s,nt were City ~8~r, ~an D. htliff, City Atto~ey ~r~ Jackson, and Ci~ S~cr~ta~ Dorothy ~yor ~gaan called th~ me~t~n8 to order and asktd everyon~ to stand C~ucilm Comu iav~ the invocatl~. Fo11~ng invocation, ~yor Duggan thoee pr~ssnt iu t~ Pltdg~ of ~le~iance. Itu 3: Approval of Ninutes- Fabruary 28, 1989 Council=mn Hortou m~ved that the minutes of Yebr~ry 28, 1989, be approved as ~b~tted. C~nci~n C~n seconded the ~tion; motion ~ied 5-0 ~th C~nci~ Pett~o~, Mort~, Co~n, Wolfe ~d Nels~ vo~ng in favor of the mot~. ~ayor Pro T~ Wil~rson arrived at this Item 4: ~yor's Report A. ~7~ ~ infomd the Councii that he vi11 be taking the 8tudents-at-l~rge, selected during the ' Students-Ln-~e~ent" pzogrAmm, to Austin on ~ednesd~y, hrch 15th. Acc~y~ him ~11 be tvs (2) t~chers from the Coppell 8ch~lo es vel1 as th three (3) student representatives, one (1) fr~ each Eleme~ School in the C~ty. ~ey ~11 be spending the day in Austin ~th/lepresentat~ve Ken ~rch&nt and the students ~11 8e~e as honoza~ SeFgeant-At-A~. B. ~unc~l yes reminded of the ~oint york session ~o be held on ~esday, ~rch 2~, 19890 at 7:30 p.m. vith the Etonic Devol~m~t Boizd. C. hyor Pro ~eu Vilbrson pEesented a plaque to City ~aSer Alan D. ~tl~ff. ~i8 plaque vas presented to the City C~ncL1 it the recent I~inS ~ber of Co~erce meeting region1 cooperation City. D.Counci~n C~n iseued his than~ to the City for the oLS~l~zation that had been i~tilled at Sandy Lake Road and h~rth~. E. ~unci~n Cm infoned the c~ before the Coppell Cit~ C~nc~l ~n the near fu~ze to request s~l~lti~ it the entrince to Horth is l~slng ~orth ~ ~ark f~ the C~ty of D~11~. PAGE I of 7 P. Ccvncil~au Commn requested an update on the clean-up of the trash located on the Leslie property at the south entrance to the City. Councilman PettiJohn indicated to the Council that he had discussed this item with the individual performin~ the clean-up and had been informed that there had been difficulty with t~e trailer that is being used for the clean-up. Item 5: City Council Liaison'e Report Councilman Suothermon arrived during the presentation of this item. A. DART - there was no report at this time. B. FINANCE CO~ITTEE - there had been no meeting, and there was no report at thia time. C. LIBRARY BOARD Mayor Pro Tern Wilkerzou and Counciluu PettiJohn indicated that there was no report at this time, however, due to conflicts in meeting schedules they hag been unable to attend the Library meetings. D. MUD ABSORPTION CO~ITTEE - Counci]~nan Morton indicated that a MUD meeting had been held earlier in the day and the City had received a copy of the m~intenance asreement. E. NCTCOC - There was no report at this t~e. P. PARK BOARD - Councilmen PettiJohn informed the Council that Brown Park now has a pay telephone and a water fountain that have both been recently installed. SCHOOL BOARD - there was no report at this time. H.DCAD - there was no report at this t~me. I.ARCHITECT~Y,~L REVIEW CO~TTEE - there was no report at this time. Item 6: Citizen's Appearances Mayor Dussan then asked for those persons who wished to speak before the City Council at this time. There were none. Item 7: Consider approval of a resolution declarin8 April 1989 aa "William T. Cozby Public Library Month" in Coppell and authorizing the Mayor to Library Director Judi Bi88erstaff was present to discuss this item with the Council. She indicated that the Library had a list of books for citizens to review should they decide to accept the challenge to purchase hooks for the Library. She requested that the money flor the purchase of these books be donated with the Library making the actual selections. Following discussion Councilman Morton moved that Resolution 031489.1 be approved and authorizing the Mayor co sign. Councilman Smothermon seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen PettiJohn, Morton, SmotheX~on, Cowman, Wolfe, and Nelson votin8 in favor of the motion. Mayor Pro Tem Wilkereon called specific attention to the challenge to the citizens co purchase books for the Library and challensed the Council to also take advanCnge of Chin challenge. PAGE 2 of 7 000099 [cem 8: Consideration of approval of an infor~alresolution approving a C~porary special uae pe~it for the Coppall Founder's Day event on April 28 and 29, 1989. Councilnan Petti~ohn a temporary special use permit for the Coppell moved Founder's Day event on April 28 and 29, 1989 be approved, Councllnan Horton seconded the motion; motion carried ?-0 with Hayor Fro TemWllkerson, Councilmen FettiJohn, Horton, Smothermon, Cayman, Wolfe, and Nelson voting in favor of the motion. Item 9A~ Discussion end consideration of approval of a variance from Section 9-7-1A of the City% Code of Ordinances which concerns meta! roofs. This variance is requested by Ran Krauee for the car wash located et 821S. HacArthur. Chief Building Official Dale Jackson made the presentation to the Council. He indicated that this request is similar to one that had been recently approved at the E~xon Station. Hr. Ran Krause representing the applicant was also present to discuss this item w/th the Council. FolloFlng discussion Councilman Cayman moved that the variance be approved as requested. Councilman Horton seconded the motion~ motion carried ?-0 with Hayor Pro Tam Wilkerson, Councilman FettiJoh~, Horton, Suothermon, Covnan, Wolfe, and Nelson voting in favor of motion. Item 9B: Discussion and consideration of authorizing staff to a~end the metal building and roof ordinance to allo~ mate1 roofs that are not visible from the ground to be erected. Council~n Co~an ~oved that staff be authorizedto amend the ~eta! building and roof ordinance to allow metal roofs that are not visible fro~ the ground to be erected. Councilman S~other~on seconded the ~t~on; ~elon carried 7-0 vith hyor Pro Tam ~il~roon, ~unc~l~n Pee~i~ohn, ~r~on, S~he~on, ~an, ~olfe, and Nels~ voting in favor of the Ite~ 10~ Discussion ~d consideration of approval of var~nc.s fr~ Sections 10-4-3 I, 10-4-3 J, a~ 10-8-3 B of the Sign Ordinance vhich conce~s pole signs, off-pr~mise signs, and real property si~s. ~e variance is requested by ~ar~en H~ll for a si~n to be located s~th Beltline Road adjacent to the ~est bank of th~ E~ Fork of the Trinity River. Chief Building Official Dale Jac~on ~de the preaentati~ to the C~ncil. He info.ed the C~ncil that a previous request had been pres~ted ~o the Council approx~tely ~o (2) ye~s a~o a~ had been a~r~. ~ before, t~re c~ld be a cost to the City if the variance is not approved. appli~nt, vas also present to discuss this it~ ~ith the C~ncil. discussion Counci~n ~olfe ~ved that the variance be approved. C~ncil~n S~the~n seconded the ~ti~; toti~ carried 7-0 ~th Nayor Pro T~il~rson, Council~n PettiJoh~, ~ort~, S~the~, Comn, ~olfe, and Nelson voting favor of t~ PAGE 3 of 7 ~ 000100 Item 11: Consider approval of zonin8 c~engs, Case ~ZC-516 from (R) Retail to (?D-SF-7) which wa~'~P~V~' tabled by City Council end is located 190 feet south of the southeast corner of Coppelz Road and Sandy Lake Road at the request of Thomas & ~theriue l~cP~le. Date of P&Z Meeting: January 19, 1989 Decision of P&Z Committee: Approved (4-0) with the provisions that the remaining Retail Zoned property on the Southwest corner of Sandy Lake Road and Coppell Road ba rezoned to PD-SY-7 also prior to the final plattin~ of this property and that 13 lots on the southern border of the property be restricted to house8 with a minimum of 1800 square feet. · ha public hesrin$ on this item had been held on Tuesday, February 28, 1989, and at the request of the applicant wes tabled to this data for final disposition by the Council. Hr. Nathan Haler, representing the applicant, was present to discuss this item with the .Council. Hr. ~aisr indicated that althoush the original request was for PD-$F-?. they are no~ requesting a PD-$F-9 zoning and ars willin~ to restrict the win~mu~ size of the houses to 1~800 square feet. City Attorney Larry Jackson indicated to the Council that it was within their Jurisdiction to stent a zoning that is more restrictive than what was originally requested. Following discussion on this item Council~ Smothsrmon moved to approve the zoning change request with the following stipulations: I. The zoning be approved as PD-SF-9 2. The houses be restricted to 1,800 square feet. 3. A variance for the front building line of twenty (20) feet along the creek lots be approved. 4. The minimum lot area be 8~000 square feet. 5. The minimum lot width ha 66.50 square festa Councilman I/alfa seconded the motion~ motion carried 7-0 ~rlth Mayor Pro Tern Vilkerson~ Councilman Pstti~ohu, Norton~ Smothernou~ Co~man~ ~olfs~ and Nelson voting in favor of the Item 12: Discussion and consideration of approval of a preliminary plat for Shadow ~oods Estates Addition located 190 feet south of the southwest corner of Coppell Road and Sandy Lake Road. This is · preliminary plat related to previous zoning case denied by City Conncil on 2-16,-89. Date of P&Z Meeting: January 19, 1989 Decision of P&Z Commission: Approved (4-0) with requested variances es noted ou plat. th~ iran Couuei~an ~olfe m~nd t~ th, prel/mtaory Follo~n~ discussion on plot for Shadow #suds Estates Add~tton be:~approved. ~aeuellmm Patti3ohn seconded the mot~on~ ~otiou carried 7-0 w~th hyor Pro Ten #ilkerson, ¢ouncilmn PettiJoh~, Y. orton, S~othatm~, Caren, ~lfe, and Nelson vo~lU~ in favor of the mot iOn. PAGE 4 of ? Item 13: Holding of a PUBLIC R~ARING to consider approval of a zontn~ change, Case ~ZC-518 fro~ (R),i~tatl,~d (OF-7) Si~le Y~ly-7 for single f-m4ly ~velop~n~ a~ the sou~es~ co~r of Coppell Road and Sa~y ~ke Date of P&Z Meett~: Febma~ 16, 1989 Decini~ of P~Z ~o~8sion: Approved (6-0) OF-7 zoning. Mr. Nathan h~er, represen~i~ the applicant was presen~ to discuss ~his item ~th the ~cil. He stated that th~s ~tem i8 berg bz~sht ~o~ard as a sttpu~a~on by the Pl~n-t~ and ~oning C~ssion for appr~al of ~he property indica~ed in Ic~ No. I1 of th~8 agenda. Mayor ~an declared the public hearin8 open and ashd for those persons who w~shed co speak a~ainsC ~he proposed zoni~ chanse. ~re vere n~e. ~yor ~SSan ~hen asked for chose per8o~ who speak in favor of the proposed zoning cha~e. ~ose persons spea~ns vere DE. ~lv~ Cross. ~e public hearin~ was then declared closed. Felling dis~osion on t~8 item Council~u Hereon moved tha~ the zoning chis reques~ be appr~ed ~o SF-12, Council~n Co~n seconded the ~tion; carried 7-0 ~h hyor Pro Tern ~tlkers~, C~nct~en Petition, Norton, S~the~n, Corns, ~olfe, and Nels~ voting in favor of the motion. Item 14: Holding of a PUBLIC H~IHG ~o consider apparel of a zoning thongs, Case ~S-I038 a~ 928 Bel~ltne ~ad and also ~o consider and a~r~e ~he valvtng o~ filing fe~. ~e present z~in8 to for a special use pe~t for · c~ontence s~ore and ~aaoltne static. ~e ney z~tn ~ulg add a s~chl use pe~t~ for a restaurant. Date of P&Z ~eting: Feb~ 16, 1989 ~cisi~ oi PaZ Co~sston: Appr~ed (6-0) to include ~he prevt~sly appr~ed convenience store and 8aaollne s~aCton, as ~11 as Ch requested reo~aur~ ~ and ~ch the c~dt~lon CbC chert be no drive-up City ~er ~an D, htliff spob on ~his it~. He indica~ed ~hC at the ~ime off ~he orisinal S~ zon~ s~afE vas no~ a~re chac ~ facility had pre-~istins comities and cha~ applican~ ~d intended to prepare f~d on sics. In order ~o ~t create a hardship on ~he applicant, it lo cb rec~nda~l~ of the C~il cha~ additional fees for this SUP be waived as a part of ~he request. Hr. ~ B~ardner ~ Hr. Bill Slad~k ~re also preset ~o discuss ~hts item rich Cbs Council. ~ayor DuSSen then declared the public huri~ open and asked for those per~s who wished to speak agains~ the proposed zonin~ cha~e. ~e~ ~re ~. ~or ~sen then ~ked for ~hooe persons who eished Co speak in favor of the p~posed zones ch.e. ~atn, there ~re none. The ~blic hearing ~8 declared closed. Fo11~g discussion by ~he C~ncil, C~nci~ ~olfe m~ed ~h~ ~he zoninS che~e be approved as requested ~ch C~ c~gi~ion ~h~ no drive-up ~ndov be installed and ChaC ~he fees ~o ~he appllcan~ for ~he zoning reque8~ be waived. Councilun Co~n seconded the melon; ~Ci~ carried 7-0 ~h hyor Pro Tern ~llbr~, C~ciln*n Hereon. S~he~n. Co~, ~olfe, ~d bison ~oCinS in f~or of ~he I~en l~i: Discussion and consideration of appr~al a~ adoption of mnbnC to ~ Siivist~ ~di~ce of t~ Ct~ of ~11, ~cti~ AYI, "Fees", ~ ~oodplalu ~elo~ut Fees and eut~rizl~ Cb h~r to City ~ ~ssell ~yle ~ C~ presenCaei~ to t~ ~cil on this He ~t~ed ~o the Co~cil ~t ~ht8 i8 a ~88 ~h c~r~e ~ich ~11 bo PA~ 5 of 7 00010 paid by the applicant and in~ turn~ p~a~d by the City to a Consulting firm who performs this service for th~i~;" b[ecuselon vas held concerning individual houeo~nere, and expressed concern over Cb miuimmn fee of $500. Following discussion on thio item Councilman Morton moved chat the item be tabled for further review to address an individual honeo~usre application Co the City. Councilman ~eleon seconded the motion; lotion carried 7-0 with Hayer Pro Tern ~ilkersono, ~uncilMn PeCtiJohn, Norton, Slothsrmon, Cowman, l~olfs, and l~elaon voting in favor of the mor~on. Item 15B: Discussion end consideration of approval of a Professional Engineering Services Contr~g with K~mley-Rorn and Associates, Inc. for Floodplain Management Reviews and Co~puter Verifications on developmouC applications related to c~s, liance to the Floodplain Hanagement Ordinance and Filet requirements of local governments and authorizing the Hayog to attn. Councilman Morton moved that this iteu, which ia a pert of discussion on Item No. 1SA, also be cabled. Councilman PetttJohn seconded ~he legion; motion carried 7-0 with liayor Pro Tam ~ilkereon, Councilmen PstCiJohn, Harass, $lotharmon, Cowman, ValSe, and Nelson voting in favor of Che lotion. Item 16: Discussion and consideration of a ~evocable License to the City of Coppsll from the City of Dallas for the purpose of ~aintaining and operating a 2~ inch waterline within the Dally' Bel~line Road (E/~) rish~-of-~ay and authoriz~ ~ht ~yor FollowinS ~tscu881ou on Chis teem, Counci~n ~oF~on m~nd ~het acceptance be approved and the ~yor authorized to ol~. CounctlMn ~olfe seconded the notion; ~iou carried 7-0 ~h ~yor Pro T~ ~ilker8~. ~uncihen Pe~CiJohn, ~ortou, S~Che~n, Cams, ~olfe, and ~elson vo~i~ in fiver of th~ Item 17: Discussi~ and constdera~ion of approval ~f a Park Board rec~endaciou appointin8 ~he park pl~nl~ fi~ of ~esa Desi~ Group a8 Park Consultant. Foll~n~ discussion on ~hia item, ~yor Pro Tam ~ilkerson ~ved Cha~ ~he City approve the Park Board's recomendation appoin~ins hoe ~si~ Group as Park Consul~. C~nci~n ~olfe seconded ~he ~ionl ~ion carried 7~ ~Cb ~Ayor Pro T~ ~llhrson, Councils Pe~iJohn, ~rC~, S~he~u, ~n, ~ol[e, end Nelson vo~lnS in favor of ~he ~ciou. A foci conCrac~ for Co~ul~t~ Semites will c~e before ~he Council on ~rch 28, 1989 for appr~al. Item 18: Discussion and consideration of approval of a smoking Ordinance and authorizing the Mayor to siEn- requested by Councilman Norton. Council~an Norton made the presentation to the Council on Chis item, Pollo~ing discussion Councilman Herren moved that the Ordinance be approved subject to review of City staff with on effective date ninety (90) days from date of si~ning by the Mayor. ~otion died for lack of second. Follo~ing further discuslion, Council~an Norton loved thac the item be tabled ~or legal reviem by City Attorney La..y Sackson end bronghc back forward t~ the Council: at tho earliest possible dace. Councilman Valle seconded the IIOCtong loci, on carried 6-1 with hyor Pro Tern Vilkerson, Councilmen Petti~olm, Norton, Smothermou, Valle and Nelson voting in favor of the lotion end Councilman ComMu voting ngninat the lotion. PAGE 6 of 7 000103 CONSENT ACENDA lte~ 19A: Consider approval of a resolution adopting an order calling au Election for Saturday, May 6, 1989 for the election of Municipal Officers and authori~ing the Mayor to si~n. ltam 19B: Consider approval of a resolution adopting an order appointing Election Judges for the Municipal Election to be held SatUrday, May 6, 1989 and authorizing the Mayor to Item 19C: Consider approval of ratifying settlmut of condemoation suit filed against the City of Coppell by ElizaBeth A. ~ovillo and aUthorizin~ the Mayor to sign the settlement a~r~e~ent with Ms. Rovillo. Item 19D: Discussion and consideration of approval of City Council bills in the amount of $181.00. Mayor Pro Tam Wilkereon requested that Item No. 19B be considered separately. Councilman S~othemon then moved that Items 19A, 19C, and 19D be approved with Item 19A shoving a Resolution Number of 031489.2 and authorizing the Mayor to 8i~n. Council~an PettiJohn seconded the ~otion; ~otion carried 7-0 with Mayor Pro Tun Wllkerson, Councilmen PettiJoho, Morton, Smothemon, Cov~an, Wolfe, and Nelson voting in favor of the motion. Item 19B - Following discussion on this item, Mayor Pro Tem Wilkerson ~oved that Resolution 031489.3 by approved and Hrs. 5senna Neath, 634 Neadovviev, be appointed as the presiding Judge and Ms. ~larcilene Ne~pel, 563 Arbor Brook, be appointed as alternate presiding Judge and authorizing the Mayor to si~n. Councilman Norton seconded the motion; carried 7-0 with Mayor Pro Tam Wilk~rson, Councilmen PettiJohn, Morton, Smothemon, Cov~an, Wolfe, and Nelson voting in favor of the motion. BX~CUTIV~ SESSION (Closed to the public) Item 20: Article 6252-17, Section 2 (f) discussion concerning the purchase, exchange, lease or value of real property. Item 21: Article 6252-17, Senate Concurrent Resolution Number 83. a. DiscussiOn with City Attorney concerning mtter involvin~ privileged co~unicatiou between Attorney and client. Mayor l)uggan indicated that there was no business to be conducted in ~xecntive Session; therefore, the meeting was adjourned. Lou Duggan Mayor ATTEST: Dorothy Timmons City Secretary MIII~TES 031489 ~ITS2 PAGE 7 of 7 0001.04