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CM 1988-07-26 Minutes of July 26, 1988 The City Council of the City of Coppell met in a regular called session on Tuesday, July 26, 1988 at 7:30 p.m. in the Coppell Town Center. The following members were present: Lou Duggan, Mayor Dean Wilkerson, Mayor Pro Tem (late arrival) Walter PettiJohn, Councilman Tom Morton, Councilman Bill Smothermon, Councilman Jim Cowman, Councilman Mark Wolfe, Councilman John A. Nelson, Councilman Also present were City Manager Alan D. Ratliff, City Secretary Dorothy Timmons, and City Attorney Larry Jackson. Item 1: Invocation (Open to the public) The meeting was called to order and everyone asked to stand while Councilman Smothermon gave the invocation. Item 2: Pledge of Allegiance Mayor Duggan led those present in the Pledge of Allegiance. Item 3: Approval of Minutes - July 12, 1988 Councilman Wolfe moved to approve the minutes of July 12, 1988 as submitted. Councilman PettiJohn seconded the motion; motion carried 6-0 with Councilmen PettiJohn, Morton, Smothermon, Cowman, Wolfe and Nelson voting in favor of the motion. Item 4: Mayor's Report Mayor Duggan reported on the following items: A. Mayor Duggan stated that the priority lists submitted to Alan D. Ratliff, City Manager by Council have been assigned. B. Councilman Cowman requested Alan D. Ratliff, City Manager and Larry Jackson, City Attorney to research to see what the alternatives are on referendums for liquor both by precinct and by City. It was the consensus of Council to proceed with minimal expense and time (preliminary opinion). C. Mayor Duggan requested Park Board liaisons to visit with the Park Board and report back in writing to the Council the actual facts that occurred concerning a media report of a violation of the Open Meetings Act. D. Councilman Wolfe stated that the theatre production recently staged by the Coppell Community Theatre was an excellent performance. E. Councilman Wolfe referred to a memorandum on Flood Plain Management and would like clarification on fences constructed without obtaining a permit, and fences that would be grandfathered due to being constructed prior to passage of Flood Plain Ordinance. Dale Jackson, Building Official reported on sequence of events re: fence permits, Councilman Wolfe requested review of fences in the Flood Plain, constructed prior to the Flood Plain Ordinance~ be placed on the next City Council agenda. F. Councilman PettiJohn requested staff to repair the STOP sign located at Anderson and Brook Lane in the Runterwood Sub-division which has been painted or has faded, and the STOP sign at Bethel School Road and Rolling Circle which has also ~-' been painted and is facing east, and should be facing north. Councilman Cowman requested a status report and timing on a traffic light at MacArthur and Sandy Lake Road. Item 5: City Council Liaison~s Report A. HUD - no report B. PARK BOARD - no report C. SCHOOL BOARD - no report D. LIBRARY BOARD - Councilman PettfJohn reported on the visit to Grapevine and North Richland Hills Libraries as reported in the Council minutes of July 12~ 1988. E. North Texas Council - Councilman Cowman reported that a meeting is scheduled for July 27th concerning E911. F. Councilman Nelson questioned the Council and the Finance Committee concerning increase of projected revenues and decrease in projected expenses. Nayor Duggan stated that the entire Council needs to be appraised of projected forecast for the end of the year. A Budget Retreat is tentatively scheduled for August 12, 1988. COPPELL 2000 - Councilman Norton reported that the Committee is working on funding of this project. Item 6: Citizen's Appearances Mayor Duggan then asked for those persons wishing to speak before the Council, Speaking were: A, Rick Harm, 921Sugarberry, stated that there is a problem with a vacant house at 926 Sugarberry which he feels is a weed problem and health hazard to the residence and requested City staff to take care of the problem. ~r. Mann also complimented Environmental Health Inspector Linda Varonich on handling her Job. B. Wilfred Benson, 111 Landsdowne, stated that he feels the City is not doing its part in keeping weeds cut along the right-of-way along Sandy Lake Road, Bethel Road and other major streets in the City. Mayor Pro Tem Wilkereon arrived during this presentation. Item 7: Discussion, consideration and approval of a variance from Section 10-5-3 B 3 and Section 10-5-3 C of the Sign Ordinance which concerns the maximum allowable size of attached signs and signs located on canopies for the Chevron station at 2.72_ Beltlins and Beltlins. (Postponed by City Council - July 12, 1988) Building Official Dale Jackson made the presentation to the Council. Mr. Hank Trevellini also made a presentation. (Mr. Trevellini was not present at previous consideration due to mix-up in information received concerning date of meeting.) Following discussion Councilman Smothermon moved to deny the sign variance request of Gulf and Chevron with prejudice. Motion died for lack of second. Councilman Morton moved to table Item 7 as submitted for further explanation. He further requested a rendering and transcript of the hearing be submitted to Council for further study. Councilman Smothermon seconded the motion; motion carried 7-0 with Hayor Pro Tam Wilkerson, Councilmen PettiJohn, Morton, Smothermon, Cowman, Wolfe and Nelson voting in favor of the motion. Item 8: Determination of whether variances to the address ordinance will be considered by the City Council or the Board of Adjustments. (Postponed by City Council - July 12, 1988) Building Official Dale Jackson made the presentation to the Council. Following discussion Mayor Pro Tam Wilkerson moved that variances to the address ordinance be considered by the Board of Adjustments with the exception of Item 9 as stipulated on the present agenda. Councilman Morton seconded the motion; motion carried 7-0 with Mayor Pro Tam Wilkerson, Councilmen Pettijohn, Morton, Smothermon, Co.man, Wolfe and Nelson voting in favor of the motion. Item 9: Discussion, consideration and approval of a request from Grace Lin to allow the address of her home to be changed from 629 Harrison to 627 Harrison. (Post-poned by City Council - July 12, 1988) Building Official Dale Jackson made the presentation to the Council. Also addressing the Council was applicant Grace Liu. iollo~ing discussion Councilman Smothermon moved to approve the request from Grace Lin to allow the address of her home to be changed from 629 Harrison to 627 Harrison. Councilman Nelson seconded the motion; motion carried 6-1 with Hayor Pro Tem Wilkerson, Councilmen Morton, Smothermon, Cowman, Wolfe and Nelson voting in favor of the motion and Councilman PettiJohn voting against the motion. Item 10: Discussion and consideration of appointing a representative to the Dallas Central Appraisal District's 1988 Advisory Board. Deputy City Manager/Finance Director Frank Trandomads the presentation to the Council. Following discussionMayor Duggan requested John A. Nelson be appointed to this position. Mayor Pro Tam Wilkerson moved to appoint Councilman John A. Nelson as representative to the Dallas Central Appraisal District's 1988 Advisory Board. Councilman Wolfe seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen PettiJohn, Morton, $mothermon, Co.man, Wolfe and Nelson voting in favor of the motion. Item 11: Discussion and consideration of waiver of tap fees for water line to be installed by Johnny Thompson and waiver of construction standard for water line from schedule 200 pipe to schedule 150 - requested by Councilman PettiJohn. Councilman Walter PettiJohn addressed the Council on behalf of the applicant. Mr. Johnny Thompson was also present and stated that they are putting in a line across his property and the adjoining property owner will not give right-of-way unless tap fee is waived. Following discussion Councilman Wolfe moved to approve waiver of one water tap fee for water line to be installed by Johnny Thompson and waiver of construction standard for water line from schedule 200 pipe to schedule 150 pipe. Councilman Morton seconded the motion; motion carried 6-1 with Mayor Pro Tem Wilkerson, Councilmen PettiJohn, Morton, Smothermon, Cowman, Wolfe voting in favor of the motion and Councilman Nelson voting against the motion. Item 12: Discussion and consideration of approval of a resolution creating a Coppell Sports Council and its rules and regulations for operation and authorizing the Mayor to sign. Director of Public Works Steve Goram, Park Foreman Richard Diano, and Park Board Chairman Ed Reeve made the presentation to the Council. Following discussion Councilman Smothermon moved to approve Resolution 072688.1 creating a Coppell Sports Council and its rules and regulations for operation and authorizing the Hayor to sign with the intent for the Board to answer directly to the Park Department. 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. Item 13: Consider approval of a resolution granting consent for the annexation of balance of the Magnolia tract in the amount of 69.796 acres into the Coppell Municipal Utility District No. 1 and authorizing the Mayor to sign. Alan D. Ratliff, City Manager made the presentation to the Council. Following discussion Councilman Morton moved to approve Resolution 072688.2 granting consent for the annexation of balance of the Magnolia tract in the amount of 69.796 acres into the Coppell Municipal Utility District No. 1 and authorizing the Mayor to sign. Mayor Pro Tem Wilkerson seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen PettiJohn, Morton, Smotbermon, Cowman, Wolfe and Nelson voting in favor of the motion. Item 14: Discussion and consideration of approving a Resolution adopting a "Manufacturing Tax Abatement Policy" for the City of Coppell and authorizing the Mayor to sign. Alan D. Ratliff, City Manager, Frank Trando, Deputy City Mamager/Finance Director, Tom Morton, Councilman, and Lee Richardson, Economic and Development Board Chairman, made the presentation to the Council. Following discussion Councilman Morton moved to remand this item back to the Economic and Business Development Board with guidance that they come forward as quickly as possible with a policy and coordinate that policy with all taxing authorities. Councilman Smothermon 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. Item 15: Consider sending to the Planning and Zoning Commission an application to amend the Comprehensive Zoning Ordinance of the City which would provide a one year waiting period for the refiling of the same zoning change request if denied with prejudice and would provide a procedure for waiving such waiting period under certain circumstances. City Attorney Larry Jackson made the presentation to the Council. Following discussion Mayor Duggan requested Mayor Pro Tem Wilkerson and Councilman John A. Nelson to discuss and review this amendment with City Attorney Larry Jackson and bring it back before the Council for consideration. Councilman PettiJohn moved to table this item, Councilman Wolfe 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. Item 16: Consideration of sending to Planning and Zoning an application to amend the Comprehensive Zoning Ordinance Section 29.15 (3) (A) to provide that a private club shall not be located closer than 300 feet of any residential structure and defining residential structure. Also to consider adding language to such section which would clarify that permits issued within the Town Center must pass Town Center Boulevard as that roadway is shown and located on the map attached to the Ordinance. City Attorney Larry Jackson and Councilman Tom Morton made the presentation to the Council. Following discussion Councilman Morton moved to split Item Number 16 into: (a) Consideration of sending to Planning and Zoning an application to amend the Comprehensive Zoning Ordinance Section 29.15 (3) (A) to provide that a private club shall not be located closer than 300 feet of any residential structure and defining residential structure; and (b) Consider adding language to such section which would clarify that permits issued within the Town Center must pass Town Center Boulevard as that roadway is shown and located on the map attached to the Ordinance. Councilman Pettijohn 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. Following further discussion Councilman Morton moved to send Item 16 (a) to the Planning and Zoning Commission an application to amend the Comprehensive Zoning Ordinance Section 29.15 (3) (A) to provide that a private club shall not be located closer than 300 feet of any residential structure and defining residential structure. Councilman Smothermon seconded the motion; motion carried 5-2 with Councilmen PettiJohn, Morton, Smothermon, Wolfe and Nelson voting in favor of the motion and Mayor Pro Tem Wilkerson and Councilman Cowman voting against the motion. Item 16 (b) City Attorney Larry Jackson stated that he felt the Ordinance was sufficiently clear enough to restrict establishments that serve liquor to front on a street designated in the area bounded on the north by Parkway Boulevard, west by Denton Tap, south by Sandy Lake Road and east by the proposed north extension of Heartz Road and known as Town Center, Town Center Boulevard. Mayor Pro Tem Wilkerson withdrew Item 16 (b). Item 17: Discussion and consideration of approval of Change Order No. Five (5) for the Beltline Improvement Project and authorization to the City Manager to enter into an escrow agreement with South-western Town Lot Corporation for these improvements and authorizing the Mayor to sign. Kevin Peiffer, representing Ginn, Inc., Consulting Engineers made the presentation to the Council. Pat Acker of Albert Halff Engineers representing the applicant also made a presentation. Following discussion Kevin Peiffer stated that the contract indicated it would take approximately thirty (30) days to construct the road. Councilman Morton moved to approved Change Order No. Five (5) for the Beltline Improvement Project and authorization to the City Manager to enter into an escrow agreement with South-western Town Lot Corporation for these improvements and authorizing the Mayor to sign subject to receipt of funds for escrow. Councilman Smothermon seconded the motion; motion carried ?-0 with Mayor Pro Tem Wtlkerson, Conncilmen PettiJohn, Morton, Smothermon, Cowman, Wolfe and Nelson voting in favor of the motion. Item 18: Discussion and consideration of award of a contract to ArJang Electric Systems, Inc. in the amount of $90,247.2! for the Beltlfne traffic siguals project and authorizing the Mayor to sign. Kevin Peiffer, representing Ginn, Inc., Consulting Engineers, made the presentation to the Council. Arjang Electric Systems, Inc. also made a presemtation to the Council. Following further discussion Councilman Wolfe moved to award a contract to ArJang Electric Systems, Inc. in the amount of $90,2a7.21 for the Beltline traffic signals project and authorizing the Mayor to sign. Councilman Smothermon seconded the motion; motiom carried 7-0 with Mayor Pro Tem Wflkerson, Councilmen PetttJohn, Morton, Smothsrmon, Cowman, Wolfe and Nelson voting in favor of the motion. Item 19: Discussion and consideration of approval Change Order No. One (1) for the Beltline traffic signal project and suthorizing the Mayor to sign. Kevin Peiffer, representing Ginu, Inc., Consulting Engineers, made the presentstion to the Council. Following further discussion Councilman Uolfe moved to approve Change Order No. 1 reducing the contract by $4,993.10 for the Beltline traffic signal project and authorizing the Mayor to sign. Councilman Smothermon seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen PettiJo~t, Morton, Smothermou, Cowman, Wolfe and Nelson voting in favor of the motion. Item 20: Discussion and consideration of request for clarification of guidelines established for Mayor and Council budgeted expenditures and possible exception to these guidelines. Alan D. 8atliff, City Manager and Dorothy Timmons, City Secretary made the presentation to the Council. Following discussion Councilman Wolfe mnved to restrict all items, other than those exceptions requested, through this budget year only. Councilman Nelson seconded the motion; motion carried 7-0 with Mayor Pro Tem Wllkerson, Councilmen PettiJohn, Morton, Smotbermon, Cowman, Wolfe and Nelson voting in favor of the motion. Item 21: Consider approval of expenditures to the Mayor and Council budget in the amount of $56.88 for office supplies. Councilman Nelson moved to approve expenditures to the Mayor and Council budget in the amount of $56.88 for office supplies. Mayor Pro Tem Wllkerson seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen PettiJohn, Morton, imothermon, Cowman, Wolfe and Nelson voting iu favor of the motion. CONSENT AGENDA Item 22A: Discussion, consideration and approval of transfer of line items within the Mayor and Council Budget and authorizing the Hayor to sign. B: Discussion, consideration and approval of City Council bill8 in the amount of $503.79. Councilman Wolfe moved to approve Item 22A - transfer of line items from Account #624 {Codification Reduction) within the Mayor and Council Budget and authorizing the Mayor to sign. Councilman Nelson seconded the motioni motion carried 7-0 with Mayor Pro Tom Wilkerson, Councilmen PettiJohn, Morton, Smotharmon, Cowman, Wolfe and Nelson voting in favor of the motion. Councilman Smotharmon moved to approve Item 22B. Councilman Nelson seconded the motioni motion carried 7-0 with Mayor Pro Tom Wilkersou, Councilmen PettiJohn, Morton, Smothermon, Cowman, Wolfe and Nelson voting in favor of the motion. EXECUTIVE SESSION (Closed to the public) Item 23: 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 Univest land swap - library site. 3. Discussion of real estate - Mayor Duggan 4. Discussion of Minyard's right-of-way acquisition. Item 24: Article 6252-17, Section 2 (g) discussion concerning Item 25: Article 6252-17, Senate Concurrent Resolution Number 83. 1. Discussion with City Attorney concerning matter involving privileged communication between Attorney and client. a. Consultation with attorney concerning legal effect of certain bond covenants. Mayor Duggan declared the public session closed on Tuesday, July 26, 1988 for an Executive Session as allowed under the above recited articles. The Council convened into Executive Session at 11:15 p.m. Mayor Duggan adjourned the Executive Session at 12:25 a.m. on Wednesday, July 27, 1988. There being no further business to discuss, the meeting was adjourned. ATTEST: Dorothy Ti?o~-~ity Secretary MINUTES 072688 MNiTSI