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CM 1990-01-09 Minutes of January 9, 1990 The City Council of the City of Coppell met in regular called session at 6:30 p.m. on Tuesday, January 9, 1990 in Town Center, 255 Parkway Boulevard, Coppell, Texas, The following members were present: Mark Wolfe, Mayor Dean Wilkerson, Mayor Pro Tem (late arrival) David Thomas, Councilman Tom Morton, Councilman Bill Smothermon, Councilman Jim Cowman, Councilman Ron Robertson, Councilman John A. Nelson, Councilman (late arrival) Also present were City Manager Alan D. gatliff, City Secretary Dorothy Timmons, and City Attorney representative Bruce Stockard. Mayor Wolfe called the meeting to order. EXECUTIVE .SESSION (Closed to the Public) ES1 A: Article 6252-17, Section 2 (g) - discussion concerning personnel 1) - Evaluation of duties of Board of Adjustment 2) - Evaluation of duties of Planning and Zoning Commission B: Article 6252-17, Senate Concurrent Resolution Number 83 - discussion with City Attorney concerning matters involving privileged co~m~unication between Attorney and client Discussion concerning Item ESI A was held until the end of the City Council meeting. The City Council convened into Executive Session at 6:38 p.m. on Tuesday, January 9, 1990 as allowed under the above stated article, ES1-B concerning Item No. 8. Mayor Wolfe adjourned the Executive Session at 7:04 p.m. on Tuesday, January 9, 1990 and opened the public session. Mayor Pro Tem Wilkerson and Councilman Nelson arrived during the Executive Session. OPEN S.E.ssIO.N Item 1: Invocation Item 2: Pledge o[ Allegiance Mayor Wolfe asked those present to stand while Mayor Pro Tem Wilkerson gave the invocation. Following the invocation, Mayor Wolfe led those present in the Pledge of Allegiance. Item 3: Consideration of Approval of minutes - December 12, 1989 Following discussion, Councilman Robert$on moved that the minutes be ? approved as submitted. Councilman Morton seconded the motion which carried 6-0 with Mayor Pro Tem Wilkerson, Councilmen Thomas, Cownan, Robertson and Nelson voting in favor of the motion. Councilman Smothermon was not present in the Council Chambers during the vote on this item. PAGB 1 OF 9 City Council Minutes January 9, 1990 Item 4: Mayor's Report Mayor Wolfe and Council members provided the following information: A. Bruce Stockard from City Attorney Lawrence W. Jackson's office was introduced to the Council and citizens present. Mr. Stockard is standing in for Mr. Jackson who is ill. B. Mayor Wolfe stated that the Bond Committee has been working very diligently during the past few weeks. Meetings have also been held on weekends in an attempt to meet the time frames as requested. It is anticipated that a report and presentation from this Committee will be forthcoming at the January 23, 1990 City Council meeting. C. Mayor Wolfe and Councilman Morton will be in Washington, D.C. on January 18 and 19 along with other area mayors and council members to meet with the FAA concerning the overflights, noise problems, and locations of proposed runways at D/FW Airport. A report on this meeting will be presented to the Council at the January 23, 1990 City Council meeting. D. Councilman Cowman requested that staff check into a DART bus that is parking at the intersection of MacArthur Boulevard and Beltline East-West at approximately 7:30 a.m. Councilman Cowman stated that the bus is parking in such a way that it causes a possible traffic hazard. Item 5: Citizen's Appearances Mayor Wolfe than asked for those persons who wished to speak before the Council. Those persons speaking was Mr. Gregory W. Rank, 1200 Ridgewood Terrace, Arlington 76012, who presented the Council with information concerning his personal business. Mr. Rank expressed displeasure with the Coppell Police Department regarding their treatment of him during a Item 6: City Council Liaison Reports City Council Liaison Reports A. ARCHITECTURAL REVIEW COMMITTEE - No report. B. CHAMBER OF COMMERCE - No report. C. COPPELL HISTORIC DISTRICT - No report. D. DCAD - No report. E. FINANCE COMMITTEE - Councilman Smothermon informed the Council that this Committee will be meeting on January 15 and 16,'1990 to review applications for bond counsel for the upcoming bond election. It is anticipated that a recon~endation will be forthcoming at the January 23, 1990 City Council meeting. F. LIBRARY BOARD - No report. G. MUD ABSORPTION COMMITTEE - Councilman Nelson and Morton reported that a MUD meeting was held earlier in the day and that the items discussed were of a fairly routine nature. PAGE 2 OF 9 City Council Minutes January 9, 1990 B. NCTCOG - No report. I. PARK BOARD - Councilman Thomas reported that the Park Board met the previous week. A 10K run and/or a family run is being planned in conjunction with this year's ¥ounder's Day. Additionally, Councilman Thomas reported that the Rotary Club had presented a check in the amount of $11,000.00 to the Park Board. J. SCHOOL BOARD - No report. K. TRANSPORTATION STUDY COMMITTEE - No report. L. OFFICE ON AGING - Councilman Morton reported that 143 senior households in Coppell are being served through the Office on Aging. He also presented this agency's Quarterly Report to the City Manager which will be filed as a permanent part of City records. Item 7: A) Appointment of five (5) members and four (4) alternate members to the Building and Standard Commission B) Swearing in of five (5) members and four (4) alternate members to the Building and Standards Commission Following discussion, Councilman Morton moved that Bryce Penland and Dean Hood be appointed to the Building and Standards Commission as regular members, each for a one-year term to expire in October, 1990; Jimmy Bensel, Dale Ware, and A1 Godwin as regular members, each for a two-year term to expire in October, 199]; Greg Smith and Carl Thompson as alternate members, each for a one-year term to expire in October, 1990; and Mike Doss and Lanny Mayo, each for a two-year term to expire in October, 1991. Councilman Smothermon seconded the motion which carried 7-0 with Mayor Pro Tam Wilkerson, Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion. Mayor Wolfe then asked those appointees present to come forward to be sworn in to their respective offices. Those appointees present were Jimmy Hensel, Dale Ware, Bryce Penland, Mike Doss, and Greg Smith. The remaining appointees will be sworn in by Mayor Wolfe prior to the initial meeting of this board which is set for Wednesday, January 17, 1990. At this point in the agenda, Item No. 21 was brought forward for consideration by the Council. For clarification purposes, the particulars of Item No. 21 are presented in numerical order in these minutes. Item 8: Presentation, discussion, consideration of report addressing the drainage problems along the backyard property lines between Kaye Street and Spanish Moss City Engineer Russell Doyle presented chis item to the Council and introduced Mr. Ron Morrison of Kimley-Horn & Associates who presented information to the Council concerning the above stated drainage problem. Mr. Morrison stated that, in his opinion, the Shadowridge Estates Subdivision, which is the subdivision to the north of Kaye Street, has altered the drainage pattern that existed prior to the development of that subdivision on those lots along the north side of Kaye Street. Three possible solutions to the drainage problem were presented - a pipe PAGE 3 OF 9 00000'3 City Council Minutes January 9, 1990 storm drain (approximately $112,000.00), a concrete lined swale or alley (approximately $112,000.00), or a grass lined swale (approximately $56,000.00). The pipe storm drain is the recommended solution although a final design ~nd surveying would be needed prior to determining the exact cost. A copy of the study as presented by Mr. Morriaon is filed as a permanent part of City records. Mayor Wolfe then recognized Mr. Gilbert L. Welch, representing his mother, Mrs. Gilbert H. Welch of 412 Kaye Street. Mr. Welch presented a video film to the Council showing recent problems experienced at his mother's residence during recent rains. Following discussion on this item, Councilman Robertson moved that the City Manager and City Attorney meet with Mr. Welch, during the current week if possible, to work towards a recommended solution to this drainage problem. Councilman Morton seconded the motion which carried 6-0 with Mayor Pro Tam Wilkerson, Councilmen Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Councilman Smothermon was not present in Council Chambers during the vote on this item. Item 9: Presentation, discussion, consideration of a traffic engineering study conducted at Southern Belle and Plantation and authorizing the installation of a "No Parking Zone" to enhance the safe and efficient flow of traffic in and through the intersection. City Engineer Russell Doyle made the presentation to the City Council. Mr. Doyle stated that current traffic studies do not warrant the installation of a stop sign at this intersection; however, the installation of "No Parking" signs for two spaces along either side of the intersection would be a solution to any site problems. Mrs. Marsha Howland of 213 Plantation was recognized by Mayor Wolfe and stated that the did not feel that the "No Parking" signs would solve the problem and again requested of the Council that stop signs be planed at this intersection. Following discussion by the Council, Councilman Robertson moved that an item be placed on the January 23, 1990 agenda for the Council to reconsider the placement of stop signs at this intersection as well as the possible installation of either speed signs or yield signs. Councilman Morton seconded the motion which carried 6-1 with Mayor Pro Tam Wilkerson, Councilmen Thomas, Morton, Smothermon, Cowman and Robertson voting in favor of the motion and Councilman Nelson voting against the motion, At this point in the agenda, Item No. 20 was brought forward for consideration by the Council. Councilman Smothermon presented this item and then left the meeting following the presentation due to illness. For clarification purposes, the particulars of Item No. 20 are preaented in numerical order in these minutes. Item I0: Discussion, consideration of approval of allowing a trailer home to be placed on lot 27, block 4 of Northlake Woodlands East #10, as requested by Richard Troth of Troth Enterprisee. Chief Building Official Dale Jackson and applicant Mr. Bill Troth made the presentation to the Council. Mr. Troth stated that this request is being made due to the vandalism and trash dumping that is occurring on this particular lot which is listed in City records as Lot 27, Block 4 of North Lake Woodlands East, Phase 10. Although the initial request was for a period of twalve (12) months, Mr. Troth stated that he would PAGE 4 OF 9 000004 City Council Minutes January 9, 1990 like to amend his request to be for a period of five (5) months. Following discussion by Council ss to the time frame for determining legal residence, Councilman Robertson moved that this item be tabled to the January 23, 1990 City Council meeting in order to get a legal opinion on determination of legal residence in the Flood Control D/strict. Councilman Morton seconded the motion which carried 4-2 with Councilmen Morton, Cowman, Robertson, and Nelson voting in favor of the motion and Mayor Pro Tam ~tlkerson and Councilmen Thomas voting against the motion. Item 11: PUBLIC HEARING - To consider a zoning change request, Case tPD-110, Pecan Hollow Addition, from (SF-12) Single Family-12, to (PD-SF-9) Planned Development Single Family-9, located approximately 550 feet south of the intersection of Lodge Road and Parkway Boulevard, along the west side of Lodge Road, at the request of Gateway U.S.A. Director of Planning and Community Services Car~ Slab made the presentation to the Council. Mr. Sieb stated that the applicant is requesting a zoning change from SF-I2 to PDSF-9 on approximately 59.4 acres. The Planning and Zoning Commission has recommended approval on a 5-2 vote of this zoning change request with the following conditions: 1) Area A to be changed so that all the homes below Hackberry and Grace Drive have two lots deleted on each side of Pecan Hollow to enlarge those lots to 85 feet in width or larger; 2) that all trees possible be saved, and all trees above 14 to 16 inches will be saved by whatever means necessary and that the developer will provide tree locations on a site plan or plat to demonstrate trees that will be saved; 3) that all the houses in the new Area A be at least 2000 square feet, and all those in Areas B and C be et least 1800 square feet, as volunteered by the developer; 4) that the developers pay for improvements to Lodge Road, doubling the size as is and giving the right-of-way, and paying for the improvements also on the Eby tract; and 5) that the developer will maintain the landscaping on the right-of-way by whatever means are necessary. Mr. Larry Taylor, along with Mr. Alan Sheller, Mr. Bill Anderson, Mr. Dan Dowdy, and Mr. Charlie Huktll, all representing the applicant were present to discuss this item with the Council. Following the presentation, Mayor Wolfe declared the public hearing open and asked for those persons who wished to speak against the proposed zoning change. There were none. Mayor Wolfe then asked for those persons who wished to speak in favor of the proposed zoning change. Those persons speaking were Mr. Jim Dippold of 249 Alex Drive who stated that he had spoken in opposition of this development at the Planning and Zoning hearing; however, he was satisfied with the changes made by the developer and now wished to register his opinion in favor of the zoning change. Mayor Wolfe then declared the public hearing closed. Following discussion by Council, Councilm~n Robertson moved that the zoning change be approved with all of the conditions as recommended above by the Planning and Zoning Commission and the additional condition that the applicant work with staff to replace various trees that may have to be removed to construct a residential dwelling. Councilman Cowman seconded the motion which carried 6-0 with Mayor Pro Tam Wilkerson, Councilmen Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. PAGE 5 OF 9 City Council Minutes January 9, 1990 Item 12: Discussion, consideration of approval of a request from Prentiss Properties, Limited, regarding Park West Commerce Center, to amend the City of Coppell's Thoroughfare Plan for the realignment of Gateway Boulevard from its current location to a location more closely aligned with existing Southewestern Boulevard. Director of Planning and Community Services Gary Sieb made the presentation to the Council. He introduced Mr. Michael Tucker of Prsntiss Properties who spoke to the Council on a requested change of the City's Thoroughfare Plan in order to acconrmodate the development of the property described in the caption as an industrial park. The proposed realignment of Gateway Boulevard will connect with Beltline South on the east of this development and with Freeport Parkway on the West of this development in its currently approved location. Following discussion by the Council, Councilmen Morton moved that the recommended change to the Thoroughfare Plan be approved. Councilman Thomes seconded the motion which carried 6-0 with Mayor Pro Tem Wtlkerson, Councilmen Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 13: Discussion, consideration of approval of a preliminary plat for Park West Commerce Center, formerly known as Gateway Park et Coppell, located at the southwest corner of Beltline Road and Southwestern Bonlevard, at the request of Prenttss-Copley. Director of Planning and Co~nunity Services Gary Sieb made the presentation to the Council. This regueet is for approximately 350 acres and is recommended for unanimous approval by the Planning and Zoning Commission. Following discussion by the Council, Councilmen Robertson moved that the plat be approved as presented. Councilmen Nelson seconded the motion which carried 6-0 with Mayor Pro Tem Wilkerson, Councilmen Thomes, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 14: Discussion, consideration of approval of a variance from section 10-5-3;B3 of the Sign Ordinance which concerns attached signs. The variance is requested by Exxon Company USA for the property located at 105 S. Denton Tap Road. Chief Building 0fftcial Dale Jackson mede the presentation to the Council. Also present to discuss this item was Mr. Perry L Jordon, III, representing the applicant. Mr. Jordon stated that the request for the signage is to maintain consistent advertising nationwi~. Following discussion on this item, Councilman Robertaon moved that fhe request be approved. Councilman Cowman second the motion which failed 2-4 with Councilmen Cowman and Robertson voting iu favor of the motion and Mayor Pro Tem Wilkerson and Councilmen Thomes, Morton, and Nelson voting against the motion. Item 15: Discussion, consideration of approval of a variance from Section 10-5-2;B of the Sign Ordinance which regulates sign setbacks. The variance is requested by POB Montgomery and Company for the property located at 580 S. Denton Tap Road. Chief Building Official Dale Jackson made the presentation to the Council. Mr. Jackson stated that the applicant has requested to place a monument sign in front of his company building to replace the existing sign. The replacement sign will be too close to the right-of-way of PAGE 6 OF 9 000006 City Council Minutes January 9, 1990 Denton Tap to meet the criteria of the City's sign ordinance; however, the existing sign is now also nonconforming due to the widening of Denton Tsp Road. This sign has been identified as not being a site problem in its present location. Ms. Nancy McReynolds, representing the applicant, was also present to speak with the Council. Prior to the ? vote on this item, Councilmen Robertson informed the Council that he wished to withdraw from the vote o~ this item as his personal business is located in this building. Following discussion by the Council, Councilman Morton moved that the variance to the setback requirements for the construction of the above stated sign be approved. Councilman Nelson seconded the motion which carried 5-0 with Mayor Pro Tam Wilkereon and Councilmen Thomas, Morton, Cowman, and Nelson voting in favor of the motion. Item 16: Review, discussion of federal legislation restricting the City's ability to collect penalties, interest, and ad valorem taxes on certain properties which have been acquired through hank and savings and loan failures. Councilman Morton made this presentation to the Council and stated that this new legislation can have an affect on the City's ability to collect taxes. City Attorney representative Bruce Stockard also spoke to the Council on this item and stated that. at this point, the City's claim for taxes are being paid; however, it is uncertain how the new law will affect federally owned property. It is anticipated that challenges to the law will be forthcoming. Council will be kept posted to any changes as they come in. No action was required on this item. Item 17: Discussion, consideration of appointing City Council and Planning & Zoning representatives to the Project Focus Group for the west Thoroughfare Plan Study. Following discussion, Councilman Morton moved that Councilman Ron Robertson and Planning and Zoning Chairman Joe Munsch be appointed to the Special Study Committee for the Project Focus Group. Councilman Thomas seconded the motion which carried 6-0 with Mayor Pro Tam Wilkerson and Councilmen Thomas, Morton, Cowman, Robertson, and Nelson voting in favor of the motion, Item 18: Discussion, consideration of approval of implementing the C.I.V.I.C. Volunteer Program and approval of appropriating monies at a later date for insurance purposes. Library Director Judi Biggerstaff made the presentation to the Council. Ms. Biggerstaff stated that she, along with Assistant City Manager/Personnel Director Vfvyon Bowman and Public Works Director Steve Goram, formulated the proposed Volunteer Policy which is requested to be called CIVIC (COPPELL IS VOLUNTEERS IN THE COMMUNITY). Mayor Wolfe and Council members complimented Me. Biggerstaff amd her comm~tttee on the work that had gone into drafting this policy. Following discussion, Councilman Morton moved that the Volunteer Policy be adopted. Councilman Robertson seconded the motion which carried 6-0 with Mayor Pro Tam Wilkerson and Councilmen Thomas, Morton, Cowman, Roberteon, and Nelson voting in favor of the motion. PAGE 7 OF 9 000007 City Council Minutes January 9, 1990 Item 19: Discussion, consideration of calling and scheduling a work session with the Historical Commission. Following discussion on this item, Councilman Morton moved the a special called work session with the Coppell Historic District Committee be ~.~ called for Tuesday, January 16, 1990 at 7:00 p.m.. Councilman Thomas seconded the motion which carried 6-0 with Mayor Pro Tem Wilkerson and Councilmen Thomas, Morton, Cowman, Robertson, and Nelson voting in favor of the motion. Councilman Nelson informed the Mayor that he would not be able to atteud this meeting and Councilman Morton stated that he would be late in arriving for the meeting. Item 20: Presentation, discussion and consideration of authorization to proceed with Capital Improvement financing proposal. At indicated previously, this item was taken out of order and considered by the Council following Item No. 9. The item was introduced by Councilman Smothermon who serves as the Chairman of the City's Special Study Finance Committee. Mrs. Lynn Brock, Chairman of the 1990 Bond Committee, was also present to discuss this item with the Council. Mrs. Brock stated that the Committee is looking for guidance from the Council at this point as to the direction to take in determining the amount to be included in the Bond Program. The first run total was approximately eighty million and has been pared approximately twenty million. A work session with the Council prior to the January 23, 1990 C~ty Council meeting is being requested as well as setting the date for the election for March 3, 1990. Councilman Smothermon provided the Council with information on alternate means of financing bonds in order for the Council to be able to provide ~ a larger participation of items in the bond program. This method of financing, called Revenue Participation Bonds (RPB's), if different from I standard bond financing in that the rate of financing would stay the same throughout the life of the bonds rather then initially starting at a higher rate and decreasing to a lower rate at the end of the bond payments. Following discussion on this item, it was the consensus of the Council that a special work session with the Bond Committee would be held on Monday, January 22, 1990 at 7:00 p.m. The date of the Bond Election would be determined at a later date. No further action was required on this item. As indicated previously, Councilman Smothermon left the meeting following this presentation due to illness. CONSENT AGENDA As previously indicated, the Consent Agenda was considered by the Council following Item No. 7. Ail Council members were present for the vote on this item. Item 2lA: Discussion, consideration of increasing the speed limit on MacArthur Boulevard from the southern City limit line to DeForest Road from 30 MPH to 35 MPH as recommended by an engineering study and authorizing the Mayor to sign the ~ authorizing ordinance B: Presentation, discussion, consideration of a status report on Parkway Boulevard paving project and authorizing staff to advertise for bids to construct the improvement eaet of Denton Tap Road PAGE 8 OF 9 000008 City Council Minutes January 9, 1990 C: Discussion, consideration of abandonment of a portion of an easement located at Lot 20, Block 4 of Parkview Addition and authorizing the Mayor to sign D: Consideration of approving the awarding of bid to Graff Chevrolet for the purchase of one (i) gasoline-powered dump truck for a total of $27,136.00 E: Discussion, consideration of approving the expenditure of surplus funds from the Municipal Service Center Bonds for 1984 F: Consideration of rejecting bid for purchase of Trench Shoring Equipment G: Consideration of approval of agreement with Houston-Galveston Area Council for purchase of 1990 Chevrolet Caprice car and and authorizing the Mayor to sign this agreement Councilman Morton moved that the consent agenda be approved with Item No. 20A carrying the designation of Ordinance No. 90662. Councilman Smothermon seconded the motion which carried 7-0 with Mayor Pro Tem Wilkerson and Councilmen Thomas, Morton, Smothermon, Cowman, Robertson, and Nelson voting in favor of the motion. EXE.CUTIVE SESSION (Closed to the public) ES-2 A: Article 6252-17, Senate Concurrent Resolution Number 83 - discussion with City Attorney concerning matters involving privileged co~m~unication between Attorney and Client: 1) - Status report on MacArthur ROW acquisitions 2) - Status report on Library site acquisition 3) - Status report on SBS Concession Stand at Brown Park B: Article 6252-17, Section 2 (g) - discussion concerning personnel issues 1) - Evaluation of duties of Board of Adjustment 2) - Evaluation of duties of Planning and Zoning Commission The City Council convened into Executive Session at 10:23 p.m. on Tuesday, January 9, 1990 as allowed under the above stated articles. Mayor Wolfe adjourned the Executive Ssssion~ at 11:15 p.m. on Tuesday, January 9, 1990 and open the public session. OPEN SESSION There being no further business to come before the Council, the meeting was adjourned. Mark Wolfe Mayor ATTEST: Dorothy Timmons City Secretary PAGE 9 OF 9 MINUTES 010990 MNTS3 000009