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CM 1988-04-12 Minutes of April 12, 1988 The City Council of the City of Coppell met in regular called session on Tuesday, April 12, 1988 at 7:30 p.m. in the Coppell Town Center. The following members were present: Lou Duggan, Mayor Dan Stanton, Mayor Pro Tem Dean Wilkerson, Councilman Walter Pettijohn, Councilman Tom Morton, Councilman Bill Smothermon, Councilman Mark Wolfe, Councilman Councilman Jim Cowman was not present. Also present were City Manager Alan D. Ratliff, City Attorney Larry Jackson and City Secretary Dorothy Timmons. The meeting was called t~ order and everyone asked to stand while Councilman Wilkerson gave the invocation. Following the' invocation Mayor Duggan led those present in the Pledge of Allegiance. APPROVAL OF MINUTES Item 1: Consider approval of minutes - March 22, 1988 Councilman Morton moved ghat the minutes of March 22, 1988 be approved as submitted. Councilman Smothermon seconded; motion carried unanimously with Mayor Pro Tem Stanton, Councilmen Wilkerson, Petttjohn, Morton, Smothermon, and Wolfe voting in favor of the motion. MAYOR'S REPORT Item 2: Mayor's Report Mayor Duggan reported on the following items: A. Thanks were extended to those Council members who participated and assisted in the Mayor's dinner from the Coppell Buck Auction. B. The recent Easter Egg Hunt sponsored by Minyards was termed a success. The Mayor asked the City Manager to extend thanks to those staff members who helped coordinate this event. C. Councilman Wolfe requested that because of confusion of precincts and polling places that the'news media aseist in informing citizens of the proper places to vote for the various elections. Item 3: CITIZEN'S APPEARANCES - Consider citizens who wish to speak before the City Council. Dr. Melvin Gross, 152 Cottonwood, was recognized by the Mayor and discussed the recent approval received by Coppell High School which adjoins the rear of his property. His concern centered on the fact that approval was given for the installation of a chain link fence with the school maintaining as many trees as possible adjacent to the chain link fence. Mayor Duggan requested the staff, through a memorandum, refresh the Council's memory on the requirements on this particular plat approval. Item 4: Swearing in Ceremony of Jay C. Story as City Health Officer for the City of Coppell. Dr. Jay C. Story was called forward and officially sworn in as the City's Health Officer. A copy of the Oath of Office is filed as a permanent part of the City's rgcords. Item 5: Presentation and discussion of the latest development on the Trinity River Corridor Management Program and related Floodplain study. Councilman Mark Wolfe gave the Council a report on the Trinity River Corridor Project which showed a final maximum build-out for those affected City's and was intended as a statement only, as opposed to a funding requirement. Because problems have developed with lending institutions using the information for approval of requested funding a modification statement is being requested to be made by the City stating that this study was intended as a statement and information only, and the City's currently enforcing only those policies and ordinances concerning Floodplain Management which are in effect at the present. No official vote other than a consensus of the Council was needed at this time. Councilman Wolfe also requested that a copy of the Trinity River Corridor Program Study be available in the City Library for review by interested citizens. Item 6: Consider approval of a contract with Dallas County for the rental of voting equipment and authorizing the Mayor to sign. Councilman Morton moved that the contract with Dallas County for the rental of voting equipment be approved and the Mayor authorized to sign. Councilman Smotharmon seconded; motion carried unanimously with Mayor Pro Tom Stanton, Councilmen Wilkarson, PettiJohn, Morton, Smothermon, and Wolfe voting in favor of the motion. Item 7: Discussion, consideration and approval of a variance in the sign ordinance to allow the erection of a banner sign at the intersection of Sandy Lake and Denton Tap by the Rotary Club to advertise the Founder's Day activities to be held on April 30, 1988. ~ Dr. Bill Stearman was present to discuss this item with the Council. Following discussion Councilman PettiJohn moved that the variance for the installation of the sign be approved for a period beginning April 13, 1988 and continuing through May 2, 1988 at the location requested. Councilman Wolfe seconded the motion; motion carried unanimously with Mayor Pro Tom Stanton, Councilmen Wilkerson, Pettijohn, Morton, Smothermon, and Wolfe voting in favor of the motion. Item 8: Discussion, consider, and approval of a variance from Section 9-7-1B of the Code of Ordinances which concerns a metal roof for the Bright & Clean car wash. Mayor Duggan stated that this item has been withdrawn at the request of the applicant. PUBLIC HEARING Item 9: To Consider approval of a zoning change, Case #ZC-511, from (2F-9) to (SF-12), located east of Denton Tap Road and south of Shadybrook Road, at the request of the City of Coppell. Date of Planning and Zoning Meeting: March 17, 1988 Decision of Planning and Zoning Commission: Approved (4-1) Planning and Zoning Coordinator Taryon Bowman made the presentation of this item, on behalf of the City of Coppell. Mayor Duggan declared the public hearing open and asked for those persons who wished to speak against the proposed zoning change. Those persons speaking were Mr. David Phillips of 453 Hidden Valley Drive. Mr. Phillips stated he felt the minutes of January 8, 1985 initiating and referring to this zoning change constituted only one (1) lot. Mayor Duggan then asked for those persons who wished to speak for the proposed zoning change. There were none. The public hearing was then declared closed. Following discussion of this item Mayor Duggan recessed the Council into Executive Session as allowed under Article 6252-17 Senate Concurrent Resolution Number 83 - Discussion with City Attorney concerning matters involving privileged communications between Attorney and client at 8:20 p.m. Following the Executive Session the meeting was re-opened to the public at 8:38 p.m. Following further discussion on this item Councilman Smothermon moved that this item be remanded (denied) back to the staff with the direction for the staff to look into some type of a planned development zoning and to address each of the variance requests submitted by Mr. David Phillips in a memorandum addressed to Mrs. Taryon Bowman, dated April 8, 1988. Additionally, the motion included that no further fees are to be charged to Mr. David Phillips on this zoning change, and that this zoning change be sent back through the process beginning with the Planning and Zoning hearings. Councilman Morton seconded; motion carried unanimously with Mayor Pro Tem Stanton, Councilmen Wilkerson, Pettijohn, Morton, Smothermon, and Wolfe voting in favor of the motion. Item 10: To consider approval of zoning change, Case #ZC-512, from (A) Agricultural, (R) Retail, (MF) Multi-Family and (O) Office to (LI) Light Industrial, located north of Denton Creek, and west of Denton Tap Road, at the request of Magnolia Properties. Date of Planning and Zoning Meeting: March 17, 1988 Decision of Planning and Zoning Commission: Approved (5-0) with attached conditions Planning and Zoning Coordinator Taryon Bowman, on behalf of the City, and Mr. Jim Niver, President of Magnolia Properties, made the presentation to the Council. Mayor Duggan declared the public hearing open and asked for those persons who wished to speak against or for the proposed zoning change. There were none. The public hearing was then declared closed. Following discussion Councilman Wolfe moved that this item be tabled to the April 26, 1988 City Council meeting, and the public hearing re-opened and left open. Councilman Morton seconded; motion carried 5-1 with Mayor Pro Tem Stanton, Councilmen Wilkerson, Morton, Smothsrmon and Wolfe voting in favor of the motion and Councilman Pettijohn voting against the motion. Mayor Duggan rs-opened the public hearing on this item and declared it left open until April 26, 1988 City Council meeting. Item 11: To consider approval of a zoning change Case #ZC-513, from (SF-12) to (C), located at 216 Sandy Lake Road, at the request of Mr. George Chaddick, to allow the operation of an auto maintenancs facility. Date of Planning and Zoning Meeting: March 17, 1988 Decision of Planning and Zoning Commission: Denied (5-0) Planning and Zoning Coordinator Taryon Bowman made the presentation to the Council. No person representing the applicant was present. Mayor Duggan declared the public hearing open and asked for those persons who wished to speak for or against the proposed zoning change. There were none. The public hearing was then declared closed. Councilman Morton moved that the zoning change request be denied with prejudice. Councilman Wolfe seconded; motion carried 5-1 with Mayor Pro Tem Stanton, Councilmen Wilkerson, Morton, Smothermon and Wolfe voting in favor of the motion and Councilman PettiJmhn voting against the motion. PLATTING Item 12: To consider approval of a preliminary plat for the Century Park Addition, located west of Denton Tap Road and north of Denton Creek. Date of Planning and Zoning Meeting: March 17, 1988 Decision of Planning and Zoning Commission: Approved (5-0) Planning and Zoning Coordinator Taryon Bowman made the presentation to the Council. Following discussion on this item Councilman Morton moved that this item be denied subject to it being put back on the agenda when it has been refiled with the Planning and Zoning Commission. Mayor Pro Tem Stanton seconded; motion carried unanimously with Mayor Pro Tem Stanton, Councilmen Wilkerson, Pettijohn, Morton, Smothermon and Wolfe voting in favor of the motion. Item 13: To consider approval of a preliminary plat for Fairway Drive, located on Fairway Drive (south of Riverchase Drive and north of Beltline Road) at the request of Nathan Maier Engineers; and to vacate the previously filed final plat. Date of Planning and Zoning Meeting: March 17, 1988 Decision of Planning and Zoning Commission: Approved (5-0) Planning and Zoning Coordinator Taryon Bowman made the presentation to the Council, on behalf of the City, with Mr. Mike Daniel, representing the applicant, made the presentation to the Council. Following discussion on this item Mayor Pro Tem Stanton moved that the request to vacate the previously filed plat and to approve the current preliminary plat as presented be approved. Councilman Wolfe seconded; motion carried 4-2 with Mayor Pro Tem Stanton, Councilmen Wilkerson, PettiJohn and Wolfe voting in favor of the motion and Councilmen Morton and Smothermon voting against the motion. Item 14: To consider approval of a preliminary plat and variances for Channel Pointe Addition located at the southwest corner of MacArthur Boulevard and Parkway Boulevard at the request of P.R. Engineering. Date of Planning and Zoning Meeting: March 17, 1988 Decision of Planning and Zoning Commission: Approved (5-0) Planning and Zoning Coordinator Taryon Bowman, on behalf of the City, and Mr. Don Peebles, on behalf of the applicant, made the presentation to the Council. Following discussion on this item Councilman Smothermon moved that the preliminary plat and variances for the exclusion of alleyways for the exterior lots and the front yard and rear yard setbacks being changed to fifteen feet (15') be approved. Councilman Pettijohn seconded; motion carried unanimously with Mayor Pro Tem Stanton, Councilmen Wilkerson, PettiJohn, Morton, Smothermon and Wolfe voting in favor of the motion. Item 15: To consider approval of a preliminary plat for the Riverchase Clubhouse Addition located on the east side of Riverchase Drive at the request of Nathan Maier Engineering and a requested variance to the Standard Construction Details, SD-16 and SD-18. Date of Planning and Zoning Meeting: April 7, 1988 Decision of Planning and Zoning Commission: Approved plat and denied variance with attached conditions (4-1) Planning and Zoning Coordinator Taryon Bow-man, on bshalf of ths City, and Mr. Ksn James, on behalf of American Golf Corporation, made the presentation to the Council. Following discussion on this item Councilman Smothermon moved that the preliminary plat be approved with the variance for a meter vault, and a double check valve on the 8" water line being denied. Councilman Morton seconded; motion carried unanimously with Mayor Pro Tem Stanton, Councilmen Wilkerson, Psttijohn, Morton, Smothermon and Wolfe voting in favor of the motion. Item 16: To consider approval of a final plat for the Riverchase Clubhouse Addition located on the east side of Riverchase Drive at the request of Nathan Meier Engineering and a requested variance to the Standard Construction Details, SD-16 and SD-18. Date of Planning and Zoning Meeting: April 7, 1988 Decision of Planning and Zoning Commission: Approved plat and denied variance with attached conditions (4-1) Planning and Zoning Coordinator Taryon Bowman, on behalf of the City, and Mr. Ken James, representing American Golf Corporation, made the presentation to the Council. Following discussion Councilman Smothermon moved that the final plat be approved with the variance for a meter vault, and a double check valve on the 8" water line being denied. Councilman Wolfe seconded the motion which carCied unanimously with Mayor Pro Tem Stanton, Councilmen Wilkerson, Pettijohn, Morton, Smothermon and Wolfe voting in favor of the motion. OTHER BUSINESS Item 17: Discussion and consideration by Mayor and City Council to allow the City Manager authority to advertise and accept bids on the sale of the "old" elevated water tower located at 900 Freeport Parkway. Following discussion Councilman Morton moved that the City authorize the City Manager to advertise and accept bids for the sale of the "old" elevated water tower located at 900 Freeport Parkway. Councilman Wolfe seconded; motion carried unanimously with Mayor Pro Tem Stanton, Councilmen Wilkerson, PettiJohn, Morton, Smothermon and Wolfe voting in favor of the motion. Item 18: Discussion and consideration of a Resolution requesting financial assistance in the amount of $2,600,000.00 from Dallas County under the 1985 Dallas County Bond Program for the construction of Denton Tap Road from Belt Line Road to Sandy Lake Road; and from Sandy Lake Road to Denton Creek and authorizing the Mayor to sign. Mr. John Karlsruher, Consulting Engineer with Wayne Ginn's office was present to discuss this item with the Council. Following discussion Councilman Wolfe moved that Resolution No. 041288.1 be approved. Councilman Smothermon seconded; motion carried 5-1 with Mayor Pro Tem Stanton, Councilmen Wilkerson, Morton, Smotbermon and Wolfe voting in favor of the motion and Councilman PettiJohn voting against the motion. CONSENT AGENDA Item 19: Discussion and consideration of approval of City Council bills in the amount of $193,75. Item 20: Consider approval of a Resolution adopting the Policy Position recommended by North Central Texas Council of Governments for the Reservoir Watershed Management Program and authorizing the Msyor to sign. Item 21: Discussion and consideration of approval of the expenditure of $7,500.00 from the economic funds to the Metrocrest Chamber of Commerce in order for the City of Coppe11 to participate in this organization. Councilman Morton moved that the consent agenda with Item 20 showing a Resolution No. 041288.2 be approved. Councilman Smothermon seconded; motion carried unanimously with Mayor Pro Tem Stanton, Councilmen Wilkerson, PettiJohn, Morton, Smothermon and Wolfe voting in favor of the motion. EXECUTIVE SESSION (Closed to the public) Item 22A: Article 6252-17, Senate Concurrent Resolution Number 83 1. Discussion with City Attorney concerning matter involving privileged communications between Attorney and client. Item 22B: Article 6252-17, Section 2 (e) discussion with City Attorney. 1. Discussion concerning possible litigation. Item 22C: Article 6252-17, Section 2 (f) discussion concerning the purchase, exchange, lease or value of real property. 1. Discussion of Grapevine boundary question. 2. Discussion of acquisition of right-of-way with Minyards Item 22D: Article 6252-17, Section 2 (g) discussion concerning 1. Annual evaluation of City Manager Mayor Duggan declared the public session closed on Tuesday, April 12, 1988 for an Executive Session as allowed under the above recited articles. The Council convened into Executive Session at 11:23 p.m. Mayor Duggan adjourned the Executive Session at p.m. on Tuesday, April 12, 1988. The meeting was then adjourned. ATTEST: Dorothy Timm~s, ~Ylty Secretary MINUTES 041288 MNITSI