CM 1989-12-12 Minutes of December 12, 1989
The City Council of the City of Coppell met in regular called session at
5:30 p.m. on Tuesday, December 12, 1989 in Town Center, 255 Parkway
Boulevard, Coppell, Texas. The following members were present:
Mark Wolfe, Mayor
Dean Wflkerson, Mayor Pro Tem
David Thomas, Councilman
Tom Morton, Councilman
Rill Smothermou; Councilman (late arrival)
Jim Cowman, Councilman (late arrival)
Ron Robertson, Councilman
3ohn A. Nelson, Councilman
Also present were Alan D. Ratliff, City Manager, Lawrence W. Jackson,
City Attorney and Dorothy Tivmaons, City Secretary.
Mayor Wolfe called the meeting to order.
EXECUTIVE SESSION (Closed to the public)
ES-1 A. Article 6252-17, Senate Concurrent Resolution Number 83;
discussion with City Attorney concerning matters involving
privileged communication between Attorney and client:
1. D/FWAirport expansion
2. Legal advice regarding the Texas A&M Project
The City Council convened into Executive Session at 5:30 p.m.. on
Tuesday, December 12, 1989, as allowed under the above stated article.
Mayor Wolfe adjourned the Executive Session at 7:01 p.m. on Tuesday,
December 12, 1989 and opened the public session. A short break was
taken during the Executive Session from 6:22 p.m. to 6:30 p.m. for the
official Council portraits.
Councilmen Smothermon and Cowman arrived during the Executive Session.
Mayor Wolfe asked those present to stand while Councilman Morton gave
the invocation. Fo/lowing the invocation, Mayor Wolfe led those present
in the Pledge of Allegiance.
Item 3: Consideration of approval of minutes - November 14, 1989.
Following discussion, Councilman Morton moved that the minutes be
approved as submitted. Councilman Robertson seconded the motion; motion
carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen Thomas, Morton,
Smothermon, Cowman, Robertson and Nelson voting in favor of the motion.
Item 4: Consideration of approval of corrected minutes of October 10,
1989.
Following discussion, Councilman Morton moved that the corrected minutes
of October 10, 1989 be approved as submitted. Councilman Smothermon
seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson,
Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and Nelson
voting in favor of the motion.. The correction to the October 10, 1989
meeting is for Item 20 which was a public hearing on zoning Case
#S-1037.1. The motion as made stated "...that notices be posted
throughout the Clubhouse and Golf Course that no alcohol consumption is
PAGE 1 OF 14
allowed except in the Clubhouse .... ". The corrected motion will read
"...no coolers, of any sort, will be allowed on the Golf Course...".
Item 5: Mayor's Report
Mayor Wolfe and Council members provided the following information:
A. Staff was asked to look at traffic problems in the areas of
Rocky Branch and Rolling Hills due to the holiday decorations
and unusal traffic.
B. Mayor Wolfe informed the Council that a heavy agenda is
expected for the first meeting in January, 1990, and that the
Coppell Historical Commission has asked for a work session
with the Council to discuss the upcoming Bond Program as it
relates to the Historical Commission.
C. A consensus of the Council was requested, and received, for
the Planning and Zoning Commission to proceed with reviewing
the Zoning Ordinance to see if a twenty-five (25) foot
set-back is more appropriate than a thirty (30) foot set-back.
D. Councilman Thomas commented and/or made requests on the
following items:
1. The Coppell Community Theatre recently presented an
excellent play. Mayor Wolfe was requested to
forward a letter of appreciation to this community
group expressing appreciation for their efforts.
2. A status report on the Mr. BBQ situation was
requested.
3. A status report on the City marker at Beltline and
LBJ intersection was requested. Councilman
Smothermon stated that work is proceeding on this
sign at the current time.
4. A status report on the Texas Waste Management
Recycling Program was requested. Council was
informed that this program has been cancelled.
5. A status report on the proposed new logo for the
City was requested. City Manager Alan D. Ratliff
stated that a report will be forthcoming the first
meeting in January from the Economic Business
Development Board on this project.
6. An interpretation from the City Attorney as to the
Board of Adjustments implied authority was requested
and a meeting with the Board to explain to them
their role as the Board of Adjustments.
7. A status report on the traffic flow was requested.
8. A status report on the Library site was requested.
E. Councilman Nelson stated he echoed Councilman Thomas' remarks
concerning the Coppell Community Theatre and would like to see
more vocal support of this group expressed.
PAGE 2 OF 14
Item 6: Citizens Appearances
Mayor Wolfe then asked for those persons who wished to speak before the
Council. Those persons speaking were Mrs. Cathy Weaver who presented a
letter and photos concerning what she felt was advertising with the use
of holiday decorations. Mrs. Weaver stated that she felt this type of
advertising was in violation of City Codes and requested that the City
look into it. The letter and three (3) photos that Mrs. Weaver
presented to the City are filed as a permanent part of City recoreds.
Mr. Edwards, 559 Village Green, spoke requesting a projected completion
date for the cable TV services in his Sub-Division, and Mr. Dale
Griffiths, 538 Lee, spoke and extended his thanks to the Council for
their response on the DART issue.
Item 7: City Council Liaison Reports
A. ARCHITECTURAL REVIEW COMMITTEE - No report.
B. CHAMBER OF COMMERCE - No report.
C. COPPELL HISTORIC DISTRICT - No report.
D. DCAD - Councilman John Nelson informed the Council that he did
not receive the election to the Appraisal Board and thanked
the Council for their support in this effort.
E. FINANCE COMMITTEE - Councilman Smothermon stated that
information is being provided to the Council on the recent
financial meeting.
F. LIBRARY BOARD - No report.
~--' G. MUD ABSORPTION COMMITTEE - No report.
H. NCTCOG - No report.
I. PARK BOARD - No report.
J. SCHOOL BOARD - No report.
K. TRANSPORTATION STUDY COMMITTEE - No report
L. OFFICE ON AGING - Councilman Morton stated that 139 senior
households are being served in the City of Coppell through the
Office on Aging and that Christmas baskets are being prepared
for those persons who are in need of them.
Item 8: Discussion, consideration of appointing legal counsel to
represent the City of Coppell in contemplated legal action in
regard to proposed D/FW Airport expansion.
Mayor Wolfe informed citizens present that the City had been in
intensive Executive Session with Mr. Eliot Cutler of Cutler, Stanfield
Legal Firm of Washington, DC, to discuss the City of Coppell's stand in
regard to the proposed D/FW Airport expansion. Mayor Wolfe read a
letter received from Mr. Otis Dunham, Executive Director of D/FW
Airport, concerning overflights and early turns from D/FW. Mr. Dunham
stated that he would be following up in writing with information dealing
with each runway departure. Following discussion on this item, Mayor
Pro Tem Wilkerson moved that the City anthorize the City Manager to
investigate the cost of the City possibly participating with some of the
consultants retained by the other City's to evaluate the environmental
PAGE 3 OF 14
impact study and to propose other scenarios, other than Just the best
case scenario, and report back to the Council with what those costs
estimates are before the City engaged anyone. Councilman Morton
aeconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson,
Councilmen Thomas, Morton, Smotherraon, Cowman, Eobertson and Nelson
voting in favor of the motion.
Item 9: Discussion, consideration of directing staff and Attorney to
determine methods and procedures for financing of the Texas
A&M Extension Building Project.
Following discussion on this item, Councilman Morton moved that, based
upon deliberations by the City, the Mayor be instructed to contact all
parties involved and that Mr. Bob Dransfield proceed with writing an
opinion letter advising the City as to tha City's inability to include
the funding of the Texas A&M Extension Building Project in the City's
upcoming Bond Election and that the City pay the reasonable fees to Mr.
Dransfield for the preparation of this opinion letter. Councilman
Robertson seconded the motion; motion carried 7-0 with Mayor Pro Tam
Wilkerson, Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and
Nelson voting in favor of the motion.
Item 10: Discussion, consideration of approval of a proclamation
proclaiming the "Holidays Ahead Campaign Month" from December
1, 1989 through January 1, 1990 and authorizing the Mayor to
sign.
Police Chief Nail McKtnney made the presentation to the Council. Mr.
McKinnay stated that it is hia recommendation that the City endorse the
"Holidays Ahead Campaign" and informed the Council that literature is
available for distribution in the Police lobby. He also presented the
Council with a sample of this literature that will be distributed to
citizens, free of charge. Following discussion, Councilman Morton moved
that the "Holidays Ahead Campaign" proclamation be approved and
the Mayor be authorized to sign. Councilman Smothermon seconded the
motion; motion carried 7-0 with Mayor Pro Tam Wilkerson, Councilmen
Thomas, Morton, Smothermon, Cowraan, Roberteon and Nelson voting in favor
of the motion.
Item 11: Discussion, consideration to announce the recipients of the
first Christmas Spirit award for a homeowner and for a street.
Mayor Wolfe recognized Mrs. Phyllis Krupka, Chairman of the Christmas
Spirit Award Co~ittee. Mrs. Krupka recognized all members of her
Committee who included Mr. Harry Little, Mr. Tim Allen, Mrs. LeeAnn
Stanley, Mr. Mike Roland and Mrs. Hannah Huhtanen. Mrs. Krupka informed
the Council that the Committee Judged all entrees on the basis of
creativity and imagination for individual recognition plus participation
for the street awards. Additionally, Mrs. Krupka stated that she felt
the project was an excellent project and that the Committee was
preparing a written summary for recommendations for future award
programs. It was recommended that in future years a two (2) night
period be allowed for the Judging of decorations in the City. The
following recommendations were made by the Committee for the awards
presentation:
Individual Home
First Place - Danny and Sherry Vrla - 603 Havencrest
Second Place - Bill and Debbie Smith - 410 Clencrest Circle
Third Place - Bruce & Kara Dietz - 713 Dove Circle
PAGE 4 OF 14
Honorable Mention
Fretda Ashworth - 409 Hunter Ridge
Daniel & Jacqueline Halovanic - 205 Bayou Court
Hall of Fame
Michael &Patrica Dupey - 513 Rolling Hills
Street Decoration
First Place - 600 Block of Havencrest
Second Place - 700 Block of Dove Circle
Third Place - 700 Block of Oriole Lane
Honorable Mention
Town Oaks Shopping Center (Univest Development Co.)
Mayor Wolfe recognized Mrs. Sherry Luftin who lives on Havencrest and
applauded her efforts, as well as her neighbors, in the decorating of
the 600 block of Havencrest Lane. Those homes that were empty or had
new owners were decorated by other people in the neighborhood in order
to have total participation on the street. Following discussion on this
item, Councilman Smothermon moved that the Christmas Spirit Awards be
approved as recommended and that signage in the amount of $315.00 for
the sign awards be approved and an additional $100.00 be approved for
construction of a Hall of Fame award sign. Councilman Morton seconded
the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen
Thomas, Morton, Smothermon, Cowman, Robertson and Nelson voting in favor
of the motion.
Item 12: Presentation of video equipment by Paragon Cable to the City
of Coppell for community check out and use - Bus Nesbit.
Mr. Bus Nesbit, Vice-President of Operations of Paragon Cable, was
present to donate video equipment to the City of Coppell for use by
citizens who might wish to check this equipment out. Mr. Nesbit stated
that Mr. Rick Foster of the Coppell Independent School District will he
conducting programs on instructional training for the operation of this
equipment. The following equipment was included:
3 - Panasonic Camcorders with case
1 - Panasonic Editing Recorder
2 - MGN Telecorder 13" Color Monitor snd VCR combinations
2 - JVC Color 13" Monitor
3 - JVC VCR's
i - Toshiba 20" Monitor
I - Videonics Directed Plus Special Effects Generator
3 - PVBP 50 Long Play Batteries
3 - CPCVT690 Tripods
3 - Tempo Haze Filters
3 - Tempo Polorizing Filters
1 - Portable Lighting Kit (3 light heads)
No action was required on this item; however, Council expressed their
thanks to Paragon Cable for the donation of this equipment.
PAGE 5 OF 14
0,5,' P7 7
Item 13: Discussion, consideration of presentation by Gilbert Welch
regarding drainage problem at 412 Kaye Street.
Mr. Gilbert L. Welch representing his mother Mrs. Gilbert H. Welch of
412 Kaye Street, made the presentation to the Council. Mr. Welch
presented a copy of a petition that was originally presented to the City
by his father Gilbert H. Welch on October 13, 1987, requesting that the
City check into and repair drainage on Kaye Street. Following an
extended presentation and discussion by Council, Mayor Pro Tam Wilkerson
moved to request staff to present a report to the Council at the next
scheduled meeting of the estimated cost and best solutions for
correcting this problem, not only for the Welch's but for the homeowners
on Kaye Street. He also requested that the City Attorney investigate
the City's legal options concerning the coat of correcting the problem
should Grayson Land Development, Fox & Jacobs, the City's Consulting
Engineers, etc. be responsible for this problem. Councilman Cowman
seconded the motion; motion carried 7-0 with Mayor Pro Tam Wilkerson,
Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and Nelson
voting in favor of the motion.
Item 14: Presentation, discussion, consideration and approval of
process for filling flood plain property adjacent to drainage
ditches and creeks within the City of Coppell.
Chief Building Official Dale Jackson made the presentation to the
Council. Mr. Jackson outlined the process for reclamation of property
in the flood plain. It is the individual homeowner's responsibility to
apply to the City for reclamation of flood plain areas; however, once
the application is ready for FEMA presentation it is the City's
responsibility to submit the application, as FEMA will not accept
applications from individual property owners. Mr. Dorm Pedersen, ]17
Meadowcreek, and Mr. David Capps, 113 Meadowcreek, spoke before the
Council and stated their concerns about the detrimental effects of the
fillwork in the Creekview area on their property. Mayor Wolfe requested
that staff check into the possibility of additional legislation to
protect the City's downstream rights and bring forward a finished
product to the City.
Item 15: Discussion, consideration of request by DART Petitioners'
Committee to respond to letter of November 15, 1989, as per
Section 6.06 of the City's Home Rule Charter.
Prior to discussion on this item, Council convened into Executive
Session as allowed under Article 6252-17 Senate Concurrent Resolution
Number 83 - Discussion with City Attorney concerning matters involving
privileged communication between Attorney and client to receive from the
City Attorney information concerning legal position in regard to
Council's response to the DART Petitioners' Committee request. Council
convened in Executive Session at 8:50 p.m. and adjourned into open
session at 9:06 p.m.
Mayor Wolfe informed those citizens present that tbs Council had voted
unanimously, at a previous meeting, to accept a Petition of
Insufficiency; however, upon formal request from the Petitions'
Committee this item was considered by the Council. Following
discussion, Mayor Pro Tam Wilkerson stated that the Council had received
the Petition of Insufficiency, had reviewed the Certificate of the City
Secretary, and moved that the City accept the Certificate of
Insufficiency as presented. Councilman Comman seconded the motion;
motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen Thomas,
Morton, Smothermon, Co~man, Robertaon and Nelson voting in favor of the
motion. This action by the Council constitutes the final determination
PAGE 6 OF 14
that can be taken on this petition and no further signatures can be
gathered to make this petition a valid one.
Item 16: Discussion, consideration of acceptance of the Audit Report
for the year ended September 30, 1989.
Following discussion on this item, Councilman Smothermon moved that the
audit for FY ending September 30, 1989 be accepted. Councilman Morton
seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson,
Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and Nelson
voting in favor of the motion.
Item 17: Discussion, receipt and consideration of report on study of
Chamber of Commerce - requested by Councilman Cowman.
Councilman Cowman introduced Flo McFadden Stahly, 703 Meadowlark, who
served as the Chairman for a study committee to determine the need for a
Chamber of Commerce in the City of Coppell. Ms. Stably presented
a summary of the results of the Coppell Business Association concerning
the need for a Chamber. The results of this survey are filed as e
permanent part of the City's records. It is the recommendation of the
study committee that a Chamber of Commerce be formed in 1990. A second
study group to oversee this formation will be headed by Mrs. Gloria
Salerno. Ms. Stably stated that it is the Committee's recommendation
that the $15,000.00 budgeted for the current fiscal year, to assist in
starting a Chamber of Commerce, be held until the second study committee
can complete its findings and that the funds budgeted for the Metrocrest
Chamber of Commerce be expended due to long term benefits of being a
part of this organization. The current group at the present time is
composed of eight (8) members; however, one (1) additional member is
needed to bring the total to nine (9). Following the presentation and
discussion by Council, Councilman Cowman moved that the City Council
accept the report as stated. Councilman Robertson seconded the motion;
motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen Thomas,
Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the
motion. Councilman Cowman and Council expressed their thanks to Ms.
Stably for the Committee's efforts in this project.
Item 18: Discussion, consideration of presentation of $7,000.00 in
dormant funds by the Industrial Development Corporation to the
City of Coppell, along with their recommendation regarding the
economic development of Coppell.
Mayor Wolfe recognized Mrs. Barbara Austin of 632 E. Sandy Lake Road.
Mrs. Austin, as a member of the Coppell Industrial Development
Corporation, presented a check to Mayor Wolfe in the amount of $7,000.00
which represents the dorment funds of the Industrial Development
Corporation. Mrs. Austin stated that it is their request that these
funds be earmarked for economic development in the City, and that the
City consider hiring an Economic Development Coordinator to strongly
encourage development within the City. Followfng this presentation,
Mayor Wolfe informed the Council that the terms of these Board members
expired In October, 1989 and requested that an item be placed on the
January Council agenda for consideration by Council for re-appointment
of these members. No further action was required on this item.
Item 19: Discussion, consideration of approval of an ordinance allowing
the City of Coppell to exercise its option to tax that
property exempted under Section 11.251 of the Texas Property
Code and Article VIII, Section 1-J of the Texas Constitution.
PAGE 7 OF 14
Following discussion on this item, Councilman Smothermon moved that
Ordinance 89-459 be approved and the Mayor be authorized to sign.
Councilman Thomas seconded the motion; motion carried 7-0 with Mayor Pro
Tam Wilkerson, Councilmen Thomas, Morton, Smothermon, Cowman, Robertson
and Nelson voting in favor of the motion.
Item 20: Discussion, consideration of recommendation by the Economic
and Business Development Board to amend Ordinance #86-356,
Section 2-3-6, to allow for the appointment of "team members"
for special and designated projects by the Economic and
Business Development Board, and directing the City Manager and
City Attorney to prepare said amendment for future Council
action.
Following discussion on this item, Councilman Smothermon moved that the
City Manager and City Attorney prepare an amendment to Ordinance 86-356
allowing for the appointment of team members, for special and designated
projects by the Economic Business Development Board, and that this
Ordinance be brought forward at a future Council meeting. Councilman
Robertson seconded the motion; motion carried 7-0 with Mayor Pro Tem
Wilkerson, Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and
Nelson voting in favor of the motion.
Item 21: a) Discussion, consideration of an ordinance creating a
Building and Standards Commission to make rulings regarding
sub-standard structures and authorizing the Mayor to sign.
Chief Building Official Dale Jackson made the presentation to the
Council. It is the recommendation of staff that an Ordinance be
approved creating a Building and Standards Commission and that the
Council appoint members to this Board. Following discussion on this
item, Councilman Morton moved that Ordinance 89-460 creating a Building
and Standards Commission be approved and the Mayor be authorized to
sig~. Councilman Smothermon seconded the motion; motion carried 7-0
with Mayor Pro Tam Wilkeraon, Councilmen Thomas, Morton, Smothermon,
Cowman, Robertson and Nelson voting in favor of the motion.
b) Appointment of members to the Building and Standards
Commission.
Further discussion concerning the use of citizens already on either the
Board of Adjustments or the Code Advisory Appeal Board was held by the
Council. Following discussion on this item, Councilman Robertson moved
that the members of the Code Advisory and Appeal Board be appointed to
serve as members of the Building and Standards Commission. Councilman
Morton seconded the motion; motion carried 7-0 with Mayor Pro Tam
Wilkeraon, Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and
Nelson voting in favor of the motion.
Item 22: PUBLIC HEARING - a public hearing to consider designation of
the Baptist Foundation tax abatement areas as a reinvestment
zone pursuant to Section 312.201 of the Property Redevelopment
and Tax Abatement Act.
Mayor Wolfe opened the public hearing for the designation of the Baptist
Foundation tax abatement areas as a reinvestment zone and asked for
those persons who wished to speak against the proposed designation.
There were none. Mayor Wolfe then asked for those persons who wished to
speak in favor of the proposed designation. Again, there were none.
The public hearing was declared closed. Following discussion on this
item, Councilman Smothermon moved that the City find that the
PAGE 8 OF 14
improvements sought are feasible and practical and would be a benefit to
the land to be included in the reinvestment zone and to the municipality
after expiration of the agreement, and that the designation of the
Baptist Foundation tax abatement area es a reinvestment zone would be
reasonably likely to contribute to the retension or expansion of primary
employment or attract major investment in the zone that would be a
benefit to the property and would contribute to the economic development
of the City of Coppell, and that the City Council move to the next
agenda item to consider adoption of an ordinance designating the area as
a reinvestment zone. Mayor Pro Tem Wilkerson seconded the motion;
motion carried 7-0 with Mayor Pro Tam Wilkerson, Councilmen Thomas,
Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the
motion.
Item 23: Discussion, consideration of an ordinance designating the
Baptist Foundation tax abatement area as a reluvestment zone
pursuant to Section 312.201 of the Property Redevelopment and
Tax Abatement Act, said area being that owned by the Baptist
Foundation of Texas and its wholly-owned subsidiary, Branch
Properties, Inc., that is generally bounded on tbs north by
Bethel Road, on the east by Denton Tap Road, on the south by
the STL & SW RR end on the west by Coppell Road.
Following discussion on this item, Councilman Morton moved that
Ordinance 89-46! that is before the Council be adopted designating the
Baptist Foundation tax abatement area as a reinvestment zone pursuant to
the property redevelopment and Tax Abatement Act of the State of Texas,
the area being generally bounded on the north by Bethel Road, on the
east by Denton Tap Road, on the south by the STL & SW RR, and on the
west by Coppell Road and more specifically described in the ordinance
and the Mayor be authorized to sign. Councilman Smotbermon seconded the
motion; motion carried 7-0 with Mayor Pro Tam Wilkerson, Councilmen
"" Thomas, Morton, Smothermon, Co~nnan, Robertson and Nelson voting in favor
of the motion.
Item 24: Presentation by Texas Waste Management of an increase in solid
waste collection fees per the Consumer Price Index and the
addition of a surcharge aa mandated by Senate Bill 1519 to
become effective January 1, 1990.
Street Foreman Per Birdsall made the presentation to the Council. Mr.
Birdsall stated that this rate increase is per the City's contract with
Texas Waste Management and additionally concerns Senate Bill 1519
concerning a surcharge to the City. The new rate for the City would be
$8.38 plus additional charges for taxes and surcharge. Following the
presentation on this item, Councilman Morton moved that the City
ackuowledge the increase by Texas Waste Management. Councilman
Smothermon seconded the motion. Following further discussion,
Councilman Morton rescinded his motion; Councilman Smothermon rescinded
hie second. No action was taken on this item.
Item 25: Discussion, consideration of approval of a variance from
Section 9-7-1A of the City's Code of Ordinances which concerns
metal buildings. The variance is requested by the Coppell
Independent School District for the property located at 260
Southwestern Boulevard.
Chief Building Official Dale Jackson made the presentation to the
Council. Mr. Jackson stated that these trailers would not be visible
from the roadway; however, they are classified as a metal building since
PAGE 9 OF 14
the wheels would be removed from the trailers. Mr. Mtckey Harper,
representing Coppell Independent School District, was also present and
stated that these buildings were needed for storage of excess property
until such time as the School Dfstrict holds a Bond Election and has
approval for the construction of permanent storage facilities.
Following discussion on this item, Councilman Robertson moved that that
variance to place two (2) trailers on Coppell Independent School
District property located at 260 Southwestern Boulevard be approved for
a period of twelve (12) months. Councilman Nelson seconded the motion;
motion failed 3-4 with Councilmen Morton, Robertsou and Nelson voting in
favor of the motion and Mayor Pro Tem Wilkerson, and Councilmen Thomas,
Smothermon and Cowman voting against the motion.
Item 26: Discussion, consideration of approval of a variance from
Section 9-7-1D of the City's Code of Ordinances which concerns
metal roofs. The variance is requested by Melvin Gross for
the property located at 152 Cottonwood.
Chief Building Offfcial Dale Jackson made the presentation to the
Council. Mr. Jackson stated that Dr. Melvin Gross is requesting a
variance from the Code of Ordinances to construct a metal roof on a barn
located on his property at 152 Cottonwood. Dr. Melvin Gross was also
present to discuss this item with the Council. Dr. Gross stated that he
had installed a fiberglass roof per City's ordinances, and that the roof
did not stand up to the weather conditions. He is requestfng a variance
in order to replace the roof with a standing seam metal roof. The horse
barns are located behind Mr. Gross' property and are not visible from
the roadway. Following discussion on this item, Councilman Robertson
moved that the variance for the metal roof be approved. Councilman
Cowman seconded the motion; motion carried 6-1 wfth Mayor Pro Tem
Wilkerson, Councilmen Morton, Smothermon, Cowman, Robertson and Nelson
voting in favor of the motion and Councilman Thomas voting against the
motion.
Item 27: Discussion, consideration of a preliminary plat for Park Place
Addition, located near the northeast corner of Heartz Road and
Sandy Lake Road, at the request of Univest Development
Company.
Planning and Community Development Director Gary Sieb made the
presentation to the Council. Mr. Sieb stated that this is a 25.8 acre
tract of land with 3.4 units per acre. The Planning and Zoning
Commission has recomm~ended denial of the first plat and approval of the
second plat by a 5-2 vote for eighty-eight (88) lots. The concerns of
the Commission were the alley between lots 1 amd 2. The Commission felt
that this alley should turn out to the street. This plat will be heard
by the Board of Adjustments on December 13, 1989 concerning side yard
variances, front yard variances, and Merchants Association requirements
being waived. Mr. Sieb informed tbs Council that Council does have the
authority to grant a front yard variance for a twenty-five (25) foot
setback per City ordinances; however, the other two items would be
required to be heard by the Board of Adjustments. Mr. Mike Allen,
representing Univest Development Company, was also present and discussed
this item with the Council. Mr. Allen stated that the plat complies
with all conditions of the SF-7 Sub-division requirements. Following
discussion on this item, Councilman Smothermon moved that the plat be
approved with the condition that the alley between Lots 1 and 2 be
connected to Allencrest Lane and that a variance on the front yard
setback to twenty-five (25) feet be approved. Councilman Morton
seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkeraon,
Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and Nelson
voting in favor of the motion.
PAGE 10 OF 14
Item 28: Discussion, consideration of approval of a corrected final
plat, and abandonment of the previously filed final plat, for
Shadowridge Estates, 4th Increment, located at the northwest
corner of Plantation and Bethel School Road, at the request of
Centex Real Estate Corporation.
Plauning Coordinator Taryon Bowman made the presentation to the Council.
Ms. Bowman stated that the previous plat being abandoned was approved by
Council on September 8, 1989. This plat backs-up to the east end of
Kaye street. After approval of tha original plat the Engineering
Company later determined that the grades were to steep along the north
side of the property between the proposed sub-division and the existing
sub-division to the north. To alleviate the problem of building a
retaining wall along the north the applicant increased the width of the
platted alley from the required minimum of fifteen (15) feet to twenty
(20) feet. The Development Review Committee reviewed the corrected plat
and their only concern is with the maintenance of the grassy areas along
the north side of the alley. The Planning and Zoning Commission bas
recommended approval of this plat with the condition that a note be
placed on the plat that the homeowner is responsible for mowing the
grass on the other side of the alley. Following discussion on this
item, Councilman Robertson moved that the plat be approved with the
condition as stated. Councilman Thomas seconded the motion; motion
carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen Thomas, Morton,
Smothermou, Cowman, Robertson and Nelson voting in favor of the motion.
Item 29: Receipt, discussion of status report on City of Coppell
Volunteer Program - Gary Sieb.
Planning and Community Development Director Gary Sieb made the
presentation to the Council and informed them that this item would be
placed on the January 9, 1990 City Council meeting. It will be
discussed by the Directors at their staff meeting on December 13, 1989
and included in the FYI packets for the City Council on December 15,
1989. No action was required on this item.
Item 30: Discussion, review and consideration of the status of
completion of two current capital improvement projects; Denton
Tap Road from Beltline Road to Sandy Lake Road and north of
Sandy Lake Road to Denton Creek.
Mr. John Karlsruher, representing Ginn, Inc., was present to discuss
this item with the Council. Mr. Karlsruher stated that both projects
are nearing completion and that a final report to the Council will be
forthcoming. It was the request of the Council that a report be
forwarded, setting out in laymans terms, the reasons for the delay in
the completion of this project and that it be provided to the Council
prior to City Council action on the final payment of this project.
Staff was also requested to include on the January 9, 1990 City Council
agenda an item for Council consideration for completion of Parkway
Boulevard.
Item 31: Review, discussion, consideration of approval of a report
regarding vehicular traffic sight distances on drives and
~--' cross streets along Beltline (north-south) and Denton Tap Road
~ from IH-635 to Denton Creek.
City Engineer Rusee11 Doyle made the presentation to the Council. Mr.
Doyle stated that an additional sign at Town Oaks Center would need to
he moved. The cost of moving this sign is not included in the requested
$4,500.00 funding. Chief Building Official Dale Jackson was also
PAGE 11 OF 14
present and stated that the business owners would be notified prior to
moving of these signs, Councilman Thomas requested that staff approach
FDTC about taking down the sign in front of the old Metropolitan Bank
Building. Following discussion on this item, Councilman Cowman moved to
$6,500.00 be approved to fund the relocation of sign, shrubbery and
trees to improve site visibility along Denton Tap Road. Councilman
Smothermon seconded the motion; motion carried ?-0 with Mayor Pro Tem
Wilkerson, Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and
Nelson voting in favor of the motion. ~'~
Item 32: Discussion, consideration of approval of entering into an
agreement with Evaluation Associates to do a thoroughfare
enhancement study on Denton Tap Road in the amount (not to
exceed) $42,000.00.
Deputy City Manager/Finance Director Frank Trando made the presentation
to the Council. Mr. Trando stated that this item is in conjunction with
the Road Assessment Program on Denton Tap Road. Following discussion on
this item, Councilman Robertson moved that the City enter into an
agreement with Evaluation Associates to do e thoroughfare enhancement
study on Denton Tap Road in tbs amount not to exceed $42,000.00.
Councilman Thomas seconded the motion; motion carried 6-1 with Mayor Pro
Tem Wilkerson, Councilmen Thomas, Smothermon, Cowman, Robertson and
Nelson voting in favor of the motion and Councilman Morton voting
against the motion.
Item 33: Discussion, consideration of authorizing City Manager and City
Attorney to proceed with negotiations or condemnation
proceedings, as required, for securing ROW for MacArthur
Boulevard extension north from its northern terminus to
connect to MacArthur Boulevard within Vista Ridge north of
Denton Creek. ~'~
Following discussion on this item, Councilman Thomas moved that the City
Manager and the City Attorney be authorized to proceed with negotiations
or condemnation proceedings, as required, for securing ROW for the
MacArthur Boulevard extension. Councilman Morton seconded the motion;
motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen Thomas,
Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the
motion.
CONSENT AGENDA
Item 34A: Discussion, consideration of an escrow agreement from Exxon
Corporation in lieu of their obligation to construct their
portion of Sandy Lake Road improvements.
B: Discussion, consideration of an ordinance for Case ~'s S-I021,
S-1023 and S-1024, to change the zoning designation from (R)
Retail, to (R-SUP) Retail Special Use Permit, on a parcel of
land located at the southeast corner of East Beltlins Road and
South Beltline Road, and authorizing the Mayor to sign.
C: Discussion, consideration of approval to authorize the City
Manager to develop a concept formula for sharing in capital
cost of the natatorium and providing information to the
Recreational Facilities Bond Committee.
D: Consideration and adoption of an ordinance abandoning an
existing drainage easement for a new document granting the
City a 15 foot drainage easement, and authorizing the Mayor to
sign.
PAGE 12 OF 14
E. Discussion, consideration of a contract allowing Maxim
Engineers, Inc. to perform underground fuel storage tank site
assessments at 616 Coppell Road, (First Station #1), 1515 W.
Bethel (West Service Center) and 732 Deforest (North Service
Center) at a cost of $2,450.00.
F. Review, consideration and final acceptance of the Bethel
Road/Pelican drainage and the Warren Court paving
improvements, and approval of the fund pay application in the
amount of $17,473.90.
G. Consideration of approval of entering into an agreement with
TU Electric to provide dual service to the Village Parkway
Pump Station in the amount of $67,876.00.
H. Consideration of approving a resolution authorizing the
purchase of two copier machines under the State of Texas
Purchasing and Genera! Services Commission and authorizing the
Mayor to sign.
I. Consideration for awarding of bid to Citizens' Advocate for
designation of official newspaper.
Item number 34-E was pulled from the Consent Agenda and considered as a
separate item. Councilman Morton then moved that the remainder of the
Consent Agenda be approved with Item number 34-B carrying Ordinance
number 297-A-72, Item number 34-D carrying Ordinance number 89-462 and
Item 34-B carrying Resolution number 121289.1 and the Mayor be
authorized to sign the necessary documents. Councilman Cowman seconded
the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen
Thomas, Morton, Smothermon, Cowman, Robertson and Nelson voting in favor
of the motion.
Item 34E. Discussion, consideration of a contract allowing Maxim
Engineers, Inc. to perform underground fuel storage tank site
assessments at 616 Coppell Road, (First Station #1), 1515 W.
Bethel (West Service Center) and 732 Deforest (North Service
Center) at a cost of $2,450.00.
Deputy City Manager/Finance Director Frank Trsndo stated that the
funding of this item represents a total of $6,700.00 rather than
$2,450.00 as stated in the posted caption. Following discussion on this
item, Councilman Robertson moved that funding in the amount of $6,700.00
be approved on this project. Councilman Morton secondsd the motion;
motion carried 7-0 with Mayor Pro Tem Wilkeraon, Councilmen Thomas,
Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the
motion.
EXECUTIVE SESSION (Closed to the public)
ES-2 A. Article 6252-17, Senate Concurrent Resolution Number 83;
discussion with City Attorney concerning matters involving
privileged communication between Attorney and client:
I. MacArthur ROW acquisitions.
2. To receive from the City attorney information concerning
Council's legal position in regard to Council's response
to the DART Petitioners' Committee's request.
3. Report on SBS Concession Stand at Brown Park.
The City Council convened into Executive Session at 11:24 p.m. on
Tuesday, December 12, 1989 as allowed under the above stated article.
M~ayor Wolfe adjourned the Executive Session at 12:15 a.m. on Wednesday,
December 13, 1989 and opened tbs public session.
PAGE 13 OF 14
There being no further business to come before the City Council the
meeting was'adjourued.
Mark Wolfe
Mayor
ATTEST:
Dorothy Timmons
City Secretary
MINUTES 121289
MNTS3
PAGE 14 OF 14