CM 1988-02-09 Minutes of February 9, 1988
The City Council of the City of Coppell met in a regular called session
on Tuesday, February 9, 1988 at 7:30 p.m. in the Coppell Town Center.
The following members were present:
Lou Duggan, Mayor
Dan Stanton, Mayor Pro Tem
Walter PettiJohn, Councilman
Tom Morton, Councilman
Bill Smothermon, Councilman
Jim Cowman, Councilman
Mark Wolfe, Councilman
Councilman Dean Wilkerson was absent from the meeting. Also present
were City Manager Alan D. Ratliff, City Attorney Larry Jackson and
Assistant City Secretary Linda Grau.
The meeting was called to order and everyone asked to stand while
Mayor Pro Tem Stanton gave the invocation. Following the invocation
Mayor Duggan led those present in the Pledge of Allegiance.
APPROVAL OF MINUTES
Item 1: Discussion and consideration of approval of minutes-January 26,
1988.
Following discussion on this item Councilman Smothermon moved to approve
the minutes of January 26, 1988, and add the addendum that the City
Council wishes to amend its tabling action taken on Item 5
(Crow-Billingsley Tract) to have the proposal come forth on February 16,
1988. Mayor Pro Tem Stanton seconded the mo~ion; motion carried
unanimously with Mayor Pro Tem Stanton, Councilmen Pettijohn, Morton,
Smothermon, Cowman and Wolfe voting in favor of the motion.
MAYOR'S REPORT
Item 2: Mayor's Report
A. Mayor Duggan informed the Council of the "Students in
Government Program" scheduled for the City Council meeting
of February 23, 1988, and referred to a memorandum dated
January 22, 1988 which was included in the "For Your
Information" packet. Mayor Duggan will be addressing the
fifth grade classes on Monday, February 15th. A lunch has
been scheduled with Mrs. Niederkorn's fifth grade class at
Austin Elementary on February 23, 1988 at 11:45 a.m. and
requested that the Council be in attendance. Staff has
been requested to prepare the agenda to accommodate the
participation of the students during the City Council
meeting scheduled for that evening.
B. On February 16, 1988 there will be a special called work
session of the City Council to discuss the items that were
postponed from the weekend work session.
C. Tony DelBalzo from the SBS Group contacted the Mayor in
regard to a letter dated January 13, 1988, of which a copy
was submitted in the Council's "For Your Information"
packet. Mr. DelBalzo informed the Mayor that his company
is prepared to move forward with the improvements to Brown
Park. It was estimated that it will take three (3) months
to construct the concession facility. Mr. DelBalzo has
requested that the fee issue with the City be kept open
for communication.
D. A date has been 'selected for the dinner donated by Mayor
Duggan and auctioned in the "Coppell Bucks Auction". The
dinner will be a catered dinner served by the City Council
on Tuesday, March 29, 1988 for ten guests at 7:00 p.m. in
the Executive Conference Room.
E. A press conference has been scheduled for Friday, February
12, 1988 at 2:30 p.m. in the Council Chambers. Several of
the media will be in attendance. Mayor Duggan requested
City Council members to be present.
F. Mayor Duggan requested that City Man~ger Alan D. Ratliff
have staff look into the legalities of political signs and
if they comply with the Sign Ordinance. Because of the
political season ahead candidates should be informed of
procedures set forth in this Ordinance.
G. Councilman Jim Cowman stated that the vehicles moving dirt
across Sandy Lake Road are proceeding at approximately 35
mph which he feels is a hazardous speed. Councilman
Cowman has requested City Manager Alan D. Ratliff contact
the contractor and inform him that the speed limit for
these vehicles should not exceed 15 mph.
R. Councilman Cowman also requested City Manager Alan D.
Ratliff to provide an accounting, by the meeting of
February 16, 1988, of the amount of funds Terra Land
Development Company has allocated towards the intersection
of Beltline Road and Mac Arthur, the amount of funds they
have committed to for the the entire project, and the
balance of funds available.
I. Councilman Mark Wolfe referred to numerous complaints
received concerning Paragon Cable, himself included, and
requested a letter from the City be sent to Paragon Cable
requesting better service. Councilman Wolfe also
requested that the complaints received be addressed when
the renewal of Paragon's contract comes before the City
Council for approval.
3. Councilman Wolfe referred to the Floodplain Ordinance and
requested that staff review this ordinance on the
restrictions, and consider amending the ordinance relating
to requests for pools and fences on property situated in
the floodplain areas. City Manager Alan D. Ratliff
recommended that surrounding cities be contacted and a
report be presented to the City Council by February 16,
1988, for action by the Council.
K. Councilman Tom Morton moved to excuse the last two
absences of Councilman Dean Wtlkerson. In compliance with
the Home Rule Charter (Section 3.06 Vacancies, Forfeiture
and Filling of Vacancies, Paragraph B, No. 4 - "A Council
member or the Mayor shall forfeit his office if he fails
to attend three (3) consecutive regular City Council
meetings without being excused by the City Council".)
Councilman PettiJohn seconded the motion; motion carried
unanimously with Mayor Pro Tem Stanton, Councilmen
Pettljohn, Morton, Smothermon, Cowman and Wolfe voting in
favor of the motion.
Item 3: CITIZEN'S APPEARANCES - Consider citizens who wish to speak
before the City Council.
Mr. Burleigh Wood, 405 Meadowcreek Road addressed the Council at this
time. Mr. Wood expressed his concerns relating to restrictions
stipulated in the Floodplain Ordinance in relation to installing a pool
and a chain-link fence on his property. Council assured Mr. Wood that
staff will review the Ordinance and present the Council with a report at
the February 16, 1988 City Council meeting as previously requested by
Councilman Mark Wolfe.
PLATTING
Item 4: Discussion and consideration of approval of a variance from
Section 10-3-4 of the sign ordinance concerning sign permit
fees.
Dale Jackson, Building Official made the presentation to the Council.
Mr. Jackson stated that David Greet, owner of McDonald's Restaurant
located at the intersection of Sandy Lake Road and Denton Tap, has
requested that the permit fee of $100.00 for a construction site sign at
the McDonald's site be waived. Mr. Greet also addressed the Council and
stated that he felt the construction site sign to be installed would
have a positive effect on the economic and development of the City. Mr.
Jackson stated that staff agreed that construction signs do have a
positive effect on development, but that the staff needs to control the
type, size and location of such signs. Staff has recommended that the
permit fee for the sign be reduced to $25.00. Following further
discussion Councilman Smothermon moved to approve a variance to Section
10-3-4 of the Sign Ordinance for McDonald's Restaurant to assess zero
fee for the construction site sign, and direct the Inspection Department
to come forth with an amendment to the Sign Ordinance reflecting this
change. Councilman Wolfe seconded the motion. Following further
discussion Councilman Morton repuested staff to incorporate the permit
for a construction site sign to be included in the application of the
building permit process, as a temporary construction site signage.
Motion carried unanimously with Mayor Pro Tem Stanton, Councilmen
PettiJohn, Morton, Smothermon, Cowman and Wolfe votin8 in favor of the
motion.
Item 5: Discussion and consideration of approval of a final plat
application with variances, for Villages of Coppell, Phase II,
located adjacent to Allen Road on the west side, and 336 feet
east of MacArthur Boulevard, at the request of The Brooks
Companies.
Date of Planning and Zoning Meeting: January 21, 1988
Decision of Planning and Zoning Commission: Approved (7-0)
Taryon Bowman, Planning and Zoning Coordinator made the presentation to
the Council. Ms. Bowman stated that the plat, approved as submitted,
will allow the construction of sixty-two (62) single family detached
homes with a variance to the Sub-Division alley requirement. Staff is
not convinced as to the need of the alleys in the rear of Block D. The
Development Review Committee has reviewed the plat and plans for this
project and set forth the following comments:
1. The Coppell Sub-Division Ordinance requires alleys in all
residential sub-divisions as taken from Appendix A Section
10.
2. The Homeowners Agreement was not submitted prior to this
item being placed on the agenda, however, staff is in
receipt of a copy of the Homeowners Agreement.
3. The Planning and Zoning Commission comments have been
addressed with an exception of a 20 foot building line
which should be shown on Block E Lots 18, 19, 20, and 11.
, , If the plat is approved as presented, 41 out; of a total of
62 lots will be served by alleys.
4. Staff recommends the front yard setback along Block D, to
be 15 feet (allowable by Section 14.3 of the Comprehensive
Zoning Ordinance), which will allow an additional 5 feet
to be added to the 10 foot access and utility easement as
shown on the plat. This adjustment will allow an alley
along Block D, thereby increasing the number of lots to be
served by alleys from 41 to 53.
5.Garbage pick-up in the front yards will be inconsistent
with the rest of the neighborhood.
6. Additionally, the construction permit fee had not been
paid prior to the submittal of the staff report, but the
matter has been resolved. Ail applicable fees have been
met.
Ms. Bowman further stated that originally the plat for Villages of
Coppell was considered by the City Council in 1985, but was denied due
to the absence of alleys within the subdivision. Another plat was
submitted for consideration to the Planning and Zoning Comtssion and
the City Council in 1986, for the construction of 84 single-family
homes; and the issue of alleys was a major concern. Minutes from the
March 25, 1986 meeting reflect the minutes to state that "alleys are
shown behind all lots". The applicant, however, is requesting a
variance to the alley requirement. The applicant did not fiiethe final
plat with the Dallas County Plat Department, and the approval for this
project has since expired. Nathan Maier representing The Brooks
Companies addressed the Council and wanted to clarify that the actual
Homeowners Agreement was submitted to the City in November 1985, and was
re-submitted in 1986 and approved by the City. What was submitted to
City Attorney Larry Jackson on Friday, February 5, 1988, was a two page
addendum that incorporates the next phase into the previous phases of
the Homeowners Association. Councilman Morton requested that the plat
be corrected to read "Park" and not "Recreation Center". Following
further discussion Councilman Wolfe moved to approve final plat
application for the Villages of Coppell, Phase II, located adjacent to
Allen Road on the west side, and 336 feet east of MacArthur Boulevard at
the request of Brooks Company with the stipulation that Block D allow
for a fifteen (15) foot setback to allow for alleyways in the back.
Mayor Pro Tem Stanton seconded the motion; motion carried 5-1 with Mayor
Pro Tem Stauton, Councilmen Morton, Smothermon, Cowman and Wolfe voting
in favor of the motion and Councilman PettiJohn voting against the
motion.
Item 6: Discussion and consideration of approval of preliminary plat
for Valley Ranch Plaza, Lots B-I, located at the southwest
corner of MacArthur Blvd. and Beltline Rd., at the request of
Dunning Development.
Date of Planning and Zoning Meeting: January 21, 1988
Decision of Planning & Zoning Commission: Approved (7-0)
Taryon Bowman Planning and Zoning Coordinator mad~ the presentation to
the Council. Ms. Bowman stated that if the preliminary plat is approved
it would allow for the construction of pad sites for retail development
of 5.77 acres of land. Ail Development Review Corr~ittee comments have
been addressed; therefore, staff has no objections to this plat.
Councilman Morton moved to approve the preliminary plat for Valley Ranch
Plaza, Lots B-I, located at the southwest corner of MacArthur Boulevard
lq3
and Beltline Road,~ at the request of Dunning Development. Mayor Pro Tam
Stanton seconded; motion carried unanimously with Mayor Pro Tam Stanton,
Councilman Pettijohn, Morton, Smothermon, Cowman and Wolfe voting in
favor of the motion.
OTHER BUSINESS
Item 7: Discussion and consideration of approval of expending surplus
funds of the 1984 Bond Election.
Following review of this item Mayor Duggan reqffested the CoUncil to
prioritize staffs recommendation of projects for spending of sur.plus
1984 Bond Funds which will be reviewed and addressed at the scheduled
City Council Work Session, February 16, 1988. Following discussion
concerning the re-paving of DeForest Road and the cul-de-sac at Warren
Court, City Engineer Wayne Ginn stated that the funds estimated for
DeForest Road ($50,000.00) would allow for the construction of a.
temporary asphalt cul-de-sac at Warren Court. Following further
discussion Councilman Smothermon moved to adopt the City Manager's
recommendations of expenditures for the surplus 1984 Bond Funds.
Mayor Pro Tam Stanton seconded the motion; motion carried unanimously
with Mayor Pro Tam Stanton, Councilmen Psttijohn, Morton, Smothermon,
Cowman and Wolfe voting in favor of the motion. Councilman Smothermon
amended his motion to adopt the City Manager's recommendations of
expenditures for the surplus 1984 Bond Funds and to add to the list the
construction of a temporary asphalt cul-de-sac at Warren Court. Mayor
Pro Tam Stanton seconded the amended motion; motion carried unanimously
with Mayor Pro Tam Stanton, Councilmen PettfJohn, Morton, Smothermon,
Cowman and Wolfe voting in favor of the amended motion.
Item 8: Discussion and consideration of approval of the purchase of a
half-page advertisement in the Metrocrest News Progress Edition
to be published on February 25, 1988 in the amount of $659.90.
Following discussion of this item Councilman Morton moved to approve the
purchase of a half-page advertisement in the Metrocrest News Progress
Edition to be published on February 25, 1988 in the amount of $659.90.
Mayor Pro Tam Stanton seconded the motion; motion carried unanimously
with Mayor Pro Tam Stanton, Councilmen Pettijohn, Morton, Smothermon,
Cowman and Wolfe voting in favor of the motion.
Item 9: Discussion and consideration of approval of an agreement
between the City of Dallas and the City of Coppell for raw
water purchase from Denton Creek to fill and maintain constant
pool of lake at Brown Park and authorizing the Mayor to sign.
City Manager Alan D. Ratliff informed the Council of a correction in the
estimated amount of $786.53 which was $250.00 under-estimated because of
the initiation fee charged by the City of Dallas, and advised the
Council that funds are available in the budget for this item for a total
amount of $1,036.53. Councilman Morton moved to approve the agreement
between the City of Dallas and the City of Coppell for raw water
purchase from Denton Creek to fill and maintain constant pool of the
lake at Brown Park in the amount of $1,036.65 and authorizsd the Mayor
to sign. Councilman Smothermon seconded the motion; motion carried
unanimously with Mayor Pro Tam Stanton, Councilmen PettiJohn, Morton,
Smothermon, Cowman and Wolfe voting in favor of the motion.
CONSENT
Item 10A:Discusston and consideration of approval of an ordinance
concerning the Texas Waste Management contracted (CFI) increase
of 2.8% on residential and commercial waste collection prepared
~y Larry Jackson, City Attorney and authorizing the Mayor to
sign.
10B:Discussion and consideration to accept the Audit Report for the year ending September 30, 1987o
10C:Discussion and consideration of approval of an Ordinance of the
City of Coppell authorizing the reprinting of the Code of
Ordinances of the City of Coppell.
10D:Discussion and consideration of approval of City Council bills
in the amount of $2,706.42.
10E:Discussion and consideration of approval of the transfer of {
funds from one department to another, per'section 7.04 (D).
Councilman Morton referred to Item 10D and stated that he had sent a
memorandum to Frank Trando, Director of Finance concerning an invoice
received from Freeport Travel & Tours of Coppell, Ltd., Invoice No.
0015882 in the amount of $448.00. This invoice was submitted for
payment for airline tickets to Washington, D.C. for Councilman Morton.
Councilman Morton advised Mr. Trando that this purchase had been paid in
cash and he has submitted the ticket voucher to Mr. Trando.
City Attorney Larry Jackson requested that Item 10C be withdrawn to the
City Council meeting of February 23, 1988.
Mayor Pro Tem Stanton moved to approve the Consent Items 10A, 10B, IOD
as amended, and 10E. Councilman Cowman seconded the motion; motion
carried unanimously with Mayor Pro Tem Stanton, Councilmen PettiJohn,
Morton, Smothermon, Cowman and Wolfe voting in favor of the motion.
Please note that Items 12A, 12B, 12C, and Item 13 as stipulated in the
agenda of February 9, 1988 should be corrected to read ilA, llB, llC,
and Item 12.
EXECUTIVE SESSION (Closed to the public)
Item llA:Article 6252-17, Senate Concurrent Resolution Number 83.
1. Discussion with City Attorney concerning matter involving
privileged communications between attorney and client.
liB:Article 6252-17, Section 2 (e) discussion with City Attorney.
i. Legal discussions regarding pending lawsuits and boundary
llC:Article 6252-17, Section 2 (g) discussion concerning personnel.
1. Discussion concerning Council liaison appointments.
The Council adjourned for a short recess at 8:55 p.m. and Mayor Duggan
declared the public session closed on Tuesday, February 9, 1988 for an
Executive Session as allowed under the above recited articles. The
Council convened into Executive Session at 9:07 p.m. on Tuesday,
February 9, 1988. Mayor Duggan adjourned the Executive Session at 11:13
p.m. on Tuesday, February 9, 1988. ~-~
OPEN SESSION (Open to the public)
Item 12: Appointment of Council liaisons for 1988.
Mayor Duggan informed those present that it was the consensus of the
Council to postpone the above stipulated item.
The meeting was then adjourned.
ATTEST:
Linda~%~au, Assistant City Secretary
MINUTES 020988
MNITSI