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CM 1988-05-10 Minutes of May 10, 1988 The City Council of the City of Coppell met in regular called session on Tuesday, May 10, 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 Smothsrmon, Councilman Mark Wolfe, Councilman Also present were City Manager Alan D. Ratliff, City Attorney Larry Jackson and City Secretary Dorothy Ttmmons. The meeting was called to order and everyone asked to stand while Mayor Pro Tem Dan Stanton gave the invocation. Following the invocation Mayor Duggan led those present in the Pledge of Allegiance. EXECUTIVE SESSION (Closed to the public) Item 1: Article 6252-17, Section 2 (g) discussion concerning personnel. 1. Annual evaluation of City Manager Mayor Duggan declared the public session closed on Tuesday, May 10, 1988 for an Executive Session as allowed under the above recited article. The Council convened into Executive Session at 7:37 p.m. Mayor Duggan adjourned the Executive Session at 8:01 p.m. and re-opened the public session on Tuesday, May 10, 1988. OPEN TO THE PUBLIC Item 2: Canvass the returns and declare the results of City Officer's Election held on Saturday, May 7, 1988. Dorothy Timmons, City Secretary and Larry Jackson, City Attorney made the presentation to the Council. Larry Jackson, City Attorney read the canvass and declared the results of the City Officer's Election held on Saturday, May 7, 1988. The following votes were cast: Place 1 - Dean Wilkerson - 610 votes 4 write-in votes Place 3 - Tom Morton - 576 votes 4 write-in votes Place 5 - Jim Cowman - 518 7 write-in votes Place 7 - Stephen H. Meinberg - 19 Joy Quirk - 290 John A. Nelson - 466 Jim Burr 48 1 write-in vote The elected officials will serve a two (2) year term. Councilman Morton moved to accept the Canvass of Returns and Declaration of Results of Election and authorized the Mayor to sign. Councilman Smothermon seconded the motion; motion carried 7-0 with Mayor Pro Tem Stanton, Councilmen Wilkerson, Pettijohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. Item 3: Swearing in of Officials elected at the May 7, 1988 City Election. Mayor Duggan swore-in the newly elected candidates into office. Those officers being sworn-in were: Place 1 - Councilman Dean Wilkerson Place 3 - Councilman Tom Morton Place 5 - Councilman Jim Cowman Place 7 - Councilman John A. Nelson Item 4: Special presentation to Mayor Pro Tem Dan Stanton. Mayor Duggan presented a plaque to Mayor Pro Tem Dan Stanton and expressed his appreciation on behalf of the City for his outstanding dedication as Councilman and Mayor Pro Tem, and his contribution to the Community. In addition, Mayor Duggan also presented a plaque to Alan D. Ratliff, City Manager in appreciation of his efforts during the past year in resolving the Lewisville ETJ dispute. Item 5: Appointment of Mayor Pro Tem. Following discussion on this item Councilman Cowman moved to approve the appointment of Dean Wilkereon as Mayor Pro Tem for the City of Coppell. Councilman Wolfe seconded the motion; motion carried unanimously with Councilmen Wilkerson, PettiJohn, Morton, Smothsrmon, Cowman, Wolfe and Nelson voting in favor of the motion. The City Council from this point forward to the next City Council election consists of the following members: Lou Duggan, Mayor Dean Wilkerson, Mayor Pro Tem Walter Pettijohn, Councilman Tom Morton, Councilman Bill Smothermon, Councilman Jim Cowman, Councilman Mark Wolfe, Councilman John A. Nelson, Councilman Item 6: Consider approval of minutes - April 26, 1988 Following discussion on this item, Councilman Wolfe moved to approve the minutes as submitted with a correction to Item 8, motion being corrected to read denied (not approved). (Item 8: Discussion, consideration and approval of a variance from Section 10-5-2 A 5 of the sign ordinance which concerns the maximum size of a monument sign at the Speedy K Convenience Store.) Councilman Smothermon seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen PsttiJohn, Morton, Smothermon, Cowman, Wolfe and Nelson voting in favor of the motion. Item 7: Mayor's Report The Mayor reported on the following items: A. The MUD Absorption Committee will be reactivated with Council Liaisons Tom Morton, Bill Smothermon, and Mayor Pro Tem Dean Wilkerson as Chairman. Council Liaisons were instructed to work together with the Liaisons representing the MUD Board. 2.34 B. Students in Government Program: Students At Large selected from Lee Elementary, Austin Elementary and Pinkerton Elementary will be visiting Austin on Friday, May 13, 1988 to tour the Capitol and visit with State Representative Ken Marchant. Tickets will be donated by American Airlines on behalf of Mr. Chuck Nunnery. C. Mayor Duggan informed the Council that Mr. Chuck Nunnery had passed away. He further stated that he will be missed by the citizens and children of this Community and informed the Council and those present of his many contributions to the City. D. Selling of Water Tower: Dallas Times Herald took pictures and wrote an article concerning the sale of the tower. The City has also received calls from Associated Press and out of town radio stations concerning the sale. E. Mayor Duggan stated that the budget numbers are going in the City's favor. A check from Texas Power & Light was budgeted at $185,000 in franchise taxes and $220,000 was received by the City for these taxes. F. Councilman Morton stated that grave-side services for Mr. Chuck Nunnery will be held in Tulsa, Oklahoma at 10:00, Thursday May 12th, with a memorial services held in Coppell at the First United Methodist Church at 4:00 p.m. on Friday. The family has requested no flowers be sent and prefer a donation be made to the Heart Fund or Scottish Rite Hospital in memory of Mr. Nunnery. G. Councilman Wolfe questioned the date for the opening of Bethel School Road. Kevin Peiffer, representing Wayne. Ginn's office, stated that the road should be open by the end of the month. H. Councilman Cowman stated his concern of trash along roadsides. He had received a complaint from the Senior Citizens' Group about the trash along Bethel School Road and Denton Tap Road. Item 8: CITIZENS APPEARANCES - Consider citizens who wish to speak before the City Council. There were no citizens who wished to speak before the Council at this time. EXECUTIVE SESSION (Closed to the public) 15B: Article 6252-17, Section 2 (e) discussion with City Attorney. 2. Discussion concerning litigation in regard to General Homes. Mayor Duggan declared the public session closed on Tuesday, May 10, ~-~ 1988 for an Executive Session as allowed under the above recited ~ article. The Council convened into Executive Session at 8:29 p.m, Mayor Duggan adjourned the Executive Session at 9:12 p.m. and re-opened the public session on Tuesday, May 10, 1988. OPEN TO THE PUBLIC Item 9: PUBLIC HEARING - Consider approval of a Special Use Permit, Case #S-1032, to allow the modification of a restaurant located at 120 Denton Tap Road, Suite 490D, at the request of Pizza Inn. Date of Planning and Zoning Meeting: April 21, 1988 Decision of Planning and Zoning Co~ission: Approved (6-0) Planning and Zoning Coordinator Taryon Bowman made the presentation to the Council. The applicant was not present to present this item. Mayor Duggan opened the public hearing and asked for those persons who wished to speak in favor of proposed change. There were none. He then asked for those persons who wished to speak against the proposed change. Again, there were none. Mayor Duggan declared the public hearing closed. Following further discussion Councilman Morton moved to deny the approval of a Special Use Permit, Case #S-1032, to allow the modification of a restaurant located at 120 Denton Tap Road, Suite 490D, at the request of Pizza Inn without prejudice, because the applicant was not present. Councilman Wolfe seconded the motion; motion carried 6-1 with Mayor Pro Tem Wilkerson, Councilmen Morton, Smothermon, Cowman, Wolfe and Nelson voting in favor of the motion and Councilman Pettijohn voting against the motion. PLATTING Item 10: To consider approval of a resnbmtttal for final plat of the St. Ann's Catholic Church Addition located approximately 600 feet from the northeast corner of Sandy Lake Road and Samuel Boulevard. Date of Planning and Zoning Meeting: April 21, 1988 Decision of Planning and Zoning Commission: Approved (6-0) Planning and Zoning Coordinator Taryon Bowman made the presentation to the Council. Father Broderick, Jay Turner, and David Snerbush were also present to discuss this item on behalf of the applicant. Following discussion of this item Father Broderick, representing St. Ann's Catholic Church requested that this item be withdrawn. Council requested no additional fees be paid by the applicant. Item 11: To consider approval of a final plat and variances for Fairway Drive and approval to vacate the previously filed plat with the Dallas County Plat Department located south of Riverchase Drive and north of Beltline Road within the Riverchase Development at the request of Terra Corporate Joint Venture. Date of Planning and Zoning Meeting: April 21, 1988 Decision of Planning and Zoning Commission: Approved (4-2) Planning and Zoning Coordinator Taryon Bowman made the presentation to the Council. Nathan Meier was also present and addressed the Council. Following discussion on this item Mayor Pro Tem Wilkerson moved to approve the final plat and variances for Fairway Drive and to vacate the previously approved and filed plat with the Dallas County Plat Department located south of Riverchase Drive and north of Beltline Road within the Riverchase Development at the request of Terra Corporate Joint Venture. Councilman Morton seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen Pettijohn, Morton, Smothermon, Cowman, Wolfe and Nelson voting in favor of the motion. OTHER BUSINESS Item 12: Discussion and consideration of approval of a decrease in the amount of hours library is open to the public as approved by the Library Board of Trustees. Judi Biggerstaff, Library Director made the presentation to the Council. John Hill, Library Board Chairman was also present to address the Council. Ms. Biggerstaff stated that the Library hours were extended to fifty-one (51) hours per week in 1984 to satisfy public demand. She further stated because of budget constraints the Library was requesting a cutback in the number of hours the Library would remain open to the public. Following discussion Mayor Duggan commended John Hill, Library Board Chairman and the Library Board for their efforts. Council requested Alan D. Ratliff, City Manager to look into providing additional staff in order to maintain the present Library hours. Councilman Smothermon moved to table the request for a decrease in the amount of hours Library is open to the public as approved by the Library Board of Trustees to the City Council meeting of May 24, 1988 pending further study by City staff. Councilman Morton seconded the motion; motion carried 7-0 with Mayor Pro Tam Wilkerson, Councilmen PettiJohn, Morton, Smothermon, Cowman, Wolfe and Nelson voting in favor of the motion. Item 13: Discussion and consideration of approval of a Resolution of the City of Coppell approving a policy for the operation of the Library Meeting Room and authorizing the Mayor to sign. Judi Biggerstaff, Library Director made the presentation to the Council. John Hill, Library Board Chairman was also present to address the Council. Following discussion Mayor Pro Tam Wilkerson moved to approve Resolution 051088.1 approving a policy for the operation of the Library Meeting Room and authorizing the Mayor to sign. Council Wolfe seconded the motion; motion carried 7-0 with Mayor Pro Tam Wilkerson, Councilmen Pettijohn, Morton, Smothermon, Cowman, Wolfe and Nelson voting in favor of the motion. CONSENT AGENDA Item 14A: Consideration and approval of setting the amount of bond requirements for municipal officers and employees per Section 3.16 of the Home Rule Charter. Item 14B: Approval of reimbursing the City Manager for moving expenses as outlined in letter dated February 10, 1987. Item 14C: Discussion and consideration of approval of a Resolution of the City of Coppall approving an agreement between the City of Coppell and Dallas County for miscellaneous street maintenance and authorizing the Mayor to sign. Councilman Morton moved to approved items 14A, 14B, and 14C Resolution 051088.2 as stipulated above. Councilman Smothermon seconded the motion; motion carried 7-0 with Mayor Pro Tam Wilkerson, Councilmen Pettijohn, Morton, Smothermon, Cowman, Wolfe and Nelson voting in favor of the motion. EXECUTIVE SESSION (Closed to the public) Item 15A: Article 6252-17, Senate Concurrent Resolution Number 83 1. Discussion with City Attorney concerning matter involving privileged communications between attorney and client. 15B: Article 6252-17, Section 2 (e) discussion with City Attorney. 1. Discussion regarding Northwest Dallas County Flood Control District. 15C: 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 Mayor Duggan declared the public session closed on Tuesday, May 10, 1988 for an Executive Session as allowed under the above recited article. The Council convened into Executive Session at 10:10 p.m. Mayor Duggan adjourned the Executive Session at 11:10 p.m. on Tuesday, May 10, 1988. There being no further business to discuss the meeting was adjourned. ATTEST: Dorothy Timm/ns,%_f~ty Secretary MINUTES 051088 MNITSI MINUTES 051088 MNITSI