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CM 1990-02-13 Minutes of February 13, 1990 The City Council of the City of Coppell met in regular called session at 6:30 p.m. for executive session and 7:00 p.m. for open session on Tuesday, February 13, 1990 in the Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Mark Wolfe, Mayor Dean Wilkerson, Mayor Pro Tem David Thomas, Councilman Tom Morton, Councilman Bill Smothermon, Councilman Jim Cowman, Councilman (Late Arrival) Ron Robertson, Councilman John A. Nelson, Councilman Also present were City Mmnager Alan D. Ratliff, City Attorney Larry Jackson and City Secretary Dorothy Timmous. Mayor Wolfe called the meeting to order and asked everyone to stand while Mayor Pro Tem Wilkerson gave the invocation. Following the invocation, Mayor Wolfe led those present in the Pledge of Allegiance. ..E~ECUTIVE SESSION (Closed to the Public) ES-1 A. Article 6252-17, Section 2 (e) discussion with City Attorney 1. Legal discussion regarding pending or proposed litigation and projects - Lawrence W. Jackson & Lawrence J. Friedman. 2. Status report on Library site acquisition. 3. Other projects The City Council convened into Executive Session at 6:32 p.m. on Tuesday, February 13, 1990, as allowed and recited under the above stated article. Mayor Wolfe adjourned the Executive Session at 7:01 p.m. on Tuesday, February 13, 1990 and opened the public session. Councilman Cowman arrived during the Executive Session. Item 3: Consideration of Approval of Minutes: January 22, 1990 January 23, 1990 January 29, 1990 January 31, 1990 Following discussion, Councilman Morton moved that the minutes be approved es submitted. Councilman Thomas seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion. Item 4: Mayor's Report A: Mayor Wolfe reminded the Council of the Joint City Council/Historic District Committee meeting on February 19, 1990. At this meeting, the Exchange Club will be present to discuss several historic items. PAGE 1 OF 9 000025' B: Mayor Wolfe informed those present of the Mayor's Forum scheduled for February 20, 1990 in the Council Chambers of Town Center. C: Mayor Wolfe informed the Council that the eighth grade students from Coppell Middle School will be participating in the Students in Government Program at the City Council meeting of February 27, 1990. D: Mayor Wolfe called Council's attention to Bond Program information that has been provided at their respective stations. E: Mayor Wolfe informed the City Council that City Manager Alan D. Ratliff will be on vacation for a week beginning February 17, 1990. F: The annual Metrocrest Chamber banquet will be held on February 17, 1990. The Chamber has inquired as to the City's desire to purchase a table. It was a consensus of the Council that seats had already been purchased and a table would not be purchased by the City. G: Councilman Nelson stated that both he and Councilman Robertson were representatives at the GTE Community Fair held earlier in the afternoon. Both Councilmen Nelson and Robertson represented the City of Coppell at the newly formed Coppell Chamber booth. H: Councilman Nelson informed the Council that a new church will be beginning services on Easter Sunday. At the present time, the congregation will meet at the Intermediate School om Mockingbird Lane. I: Councilman Nelson informed the Council that he had recently attended the Catholic Men's Club meeting with Bond Committee representatives John Mill and Mareha Hiller on February 12, 1990, and felt that with what questions were asked the overall presentation went very well. J: Councilman Nelson requested that staff look at the City's system for handling construction of streets and drainage and reassess the length of warranty for constructions of streets and drainage. The current warranty is for a one year time period. Councilman Nelson felt that the time period might possibly need to be extended to a longer time frame. K: Councilman Cowman requested that staff look into the installation of "No Parking" signs ou MacArthur Boulevard south of Beltltne Road. Councilman Cowman indicated that MacArthur Boulevard in the Irving City limits has "No Parking" or "No Stopping" signs along the road. Councilman Cowman further indicated that, for safety reasons, the City of Coppell should continue the no parking and no stopping regulations. L: Mayor Pro Tem Wilkerson requested staff to check into the installation of reflectors at the Royal Lane/Bethel Road intersection. Mayor Pro Tem Wilkerson requested the status of striping on Coppell Road and Baltline Road. Public Works Director PAGE 2 OF 9 00O026 Steve Goram informed the Council that the County is in the process of strtptng~City roads and this process should be completed within two weeks. N: Councilman Morton requested that staff check into contacting the City of Dallas to stripe that portion of Beltline Road West that is in their City limits. The portion of either side of Beltline West that is in the ,-, city limits of Coppell is striped and only the portion in the City of Dallas is not. O: Councilman Thomas expressed thanks to City staff for the installation of turn arrows at Moore and Sandy Lake Road, Item 5: Citizen's Appearance Mr. Johnny Thompson, 1780 East Bsltline Road, was recognized by Mayor Wolfe. Mr. Thompson spoke concerning his property being located in the City of Coppell and a pre-trial hearing recently held in District Court. Mr. Thompson said certain agreements were made by the City Attorney at this pre-trial hearing and wanted to know what the Council was going to do about them. It was a consensus of the Council to confer with the City Attorney before issuing a reply on this matter. Mayor Wolfe informed Mr. Thompson that staff will reply back to him on this item. Item 6: City Council Liaison Reports A. ARCHITECTURAL REVIEW COMMITTEE - There was no report at this time. B. CHAMBER OF COMMERCE - There was no report at this time. C. COPPELL HISTORIC DISTRICT - Councilman Thomas attended the Coppell Historic District meeting at the request of Councilman Nelson and reported that this Committee is in the process of getting various projects organized and is looking forward to the Joint meeting with the City Council. D. DALLAS CENTRAL APPRAISAL DISTRICT - There was no report at this time. E. FINANCE COMMITTEE - Councilman Smothermon stated that the Finance Committee had met with staff on Monday, and as a result of this meeting, Items 16-A and 16-B of tonight's agenda ars being withdrawn at this time. F. LIBRARY BOARD - Councilman Cowman indicated the Library meeting is being held tonight. G. MUD ABSORPTION COMMITTEE - Councilman Morton stated that during the MUD meeting, held earlier in the day, the Pecan Hollow Subdivision was discussed. This Subdivision is anticipated to begin construction in the fall. The MUD Board also reviewed delinquent taxes. H. NCTCOG - There was no report at this time. I. PARK BOARD - Councilman Thomas informed the Council that the concession stand issue has been resolved. J. SCHOOL BOARD - Councilman Robertson stated that both he and PAGE 3 OF 9 "000027 Councilman Nelson had met with School Board representative Mike Clements, that it is the recommendation of the liaisons that another Joint work session is needed to discuss various projects, and requested that this session be scheduled for March or April, 1990. K. TRANSPORTATION STb~Y COMMITTEE - There was no report at this time. ---% Councilman Morton indicated that tbs Metrocrest Youth and Family Serv- ices is beginning it's First Offender Program and that the Office on Aging in Coppell is continuing it's service. Item 7: Consider approval of a resolution adopting an order calling an Election for Saturday, May 5, 1990 for the election of Municipal Officers and authorizing the Mayor to sign. Councilman Nelson stated that, at the request of City Secretary Dorothy Timmons, he had discussed the moving of the polling place with School Board member Foy Layton. The School Board had met in a special session and discussed the change in polling places in a preliminary fashion. City Secretary Dorothy Timmons informed the Council that she had spoken with School Superintendent Buddy Ecbols concerning tbs change in loca- tion of polling places. Mr. Echols indicated that the only concern expressed by either himself or tbs School Board was tbs short time frame for requesting preclearance from the Justice Department. Council was informed that preclearance cannot be requested until after an election has been called, thereby making it necessary that any items for pre- clearance be conducted in an expeditious manner. Following further discussion on this item, Councilman Morton moved that Resolution 021390.1, calling for tbs Election of Municipal Officers on Ymy 5, 1990, be approved and authorize the Mayor to sign. Tbs polling site for said election would be Coppell City Hall, 255 Parkway Boulevard, Coppell, Texas. Councilman Smothermon seconded the motion; motion carried 7-0 with Mayor Pro Tam Wilkerson, Councilman Thomas, Morton, Smothermon, Cow, man, Robertson and Nelson voting in favor of the motion. Item 8: Discussion and consideration of approving a Resolution suspending Texas Utilities Electric Company's rate increase request of May 21, 1990, authorizing participation in the Steering Committee, authorizing funds for the City's proportionate share, and authorizing the Mayor to sign. Mayor Wolfe presented the Council with information on various meetings that had been held concerning T.U. Electric's rate increase request. Mayor Wolfe stated that both he and the City Manager had attended the Metrocrest Mayor's Committee meeting earlier in the day. At this meeting, the rate increase was discussed, and it was the general consensus of those present that T.U. Electric had been a good corporate citizen and that the City's did not wish to see negative and derogatory statements being made public concerning questions over the rate increase. Mayor Wolfe informed the Council that the City's participation in the Steering Committee would be $1,600.00. It would be necessary to allocate these funds from fund balance should it be approved. Following further discussion, Mayor Pro Tam Wilkerson moved that the City be authorized to participate in the Steering Committee, authorize funds for the City's proportionate share, to suspend T.U. Electric Company's rate increase request to May 21, 1990, authorize the Mayor to sign and request Staff to forward a letter to the Steering Cot"mitres that T.U. Electric be treated fairly in all public statements. Councilman Thomas seconded the motion; motion failed 2-5 with Mayor Pro Tam Wilkerson and Councilman Thomas voting in favor of the motion and PAGE 4 OF 9 000028 Councilmen Morton, Smothermon, Cowman, Robertson and Nelson voting against the motion. Following further discussion, Mayor Pro Tem Wilkerson moved that the City approve Resolution 021390.2 suspending T.U. Electric Company's rate increase request to May 21, 1990 and authorize the Mayor to sign. Councilman Smothermon seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion. Staff was requested to give feedback to Council concerning what needs to be done next on this item. Councilman Cowman volunteered his assistance in looking at this matter and bringing it back to the Council. Item 9: Discussion and consideration of waiving the water bills for the Bethel Cemetery property. Mr. Wheelice Wilson, 417 West Bethel Road, made the presentation to the Council. Mr. Wilson stated that the site is a historical site and that the Bethel Cemetery Association is a non profit Association. The Association feels that the cemetery is a part of the City and that funds should be provided for the payment of water bills or waiving of payment. Mayor Wolfe reminded the Council that the City's concern dealt with bond covenant Section 28 (D) Page 15 that states "that no free service of the system shall be allowed". Deputy City Manager/Finance Director Frank Trando indicated that the water bill is current at this time and that generally for seven (7) or eight months (8) the bill runs the basic amount which is $5.60. The highest bill, during the summer months, is approximately $60. Following discussion on this item, Councilman Smothermon moved that this item be referred back to staff for a solu- tion. Councilman Cowman seconded the motion; motion carried 7-0 with Mayor Pro Tam Wilkerson, Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion. Item 10: Consideration of a zoning change, Case #S-1047, from (LI) Light Industrial, to (LI-S.U.P.) Light Industrial Special Use Permit, to allow the operation of a restaurant, located at the southeast corner of MacArthur Boulevard and Beltline Road, at the request of Chaucer Chem. Prior to presentation of this item, a question was raised concerning the posting of this item as a public hearing. The posted Agenda does not indicate the item is a public hearing; however, Director of Planning and Community Services Gary Sisb informed the Council that the item wes advertised as a public hearing. City Attorney Larry Jackson stated that the item may be heard as a public hearing since it was published as such and properly advertised. Director of Planning and Community Service Gary Sieb then made the presentation to the Council. Mr. Sieb stated that the property is located at the southeast corner of MacArthur and Beltline Road and is a 2,000 square foot restaurant site that will serve approximately 50 patrons. The restaurant will also provide walk-in and take out service. Seven notices were sent with no replies being re- ceived back. The Planning and Zoning Commission has recommended unani- mous approval of this request. Mr. Chaucer Chern, applicant, was also present to discuss this time with the Council. Mr. Cheru stated that he anticipates an opening date of ~ay 1, 1990. Mayor Wolfe than declared the public hearing open and asked for those persons who wished to speak against the proposed zoning chanse: There were none. Mayor Wolfe then asked for those persons who wished to speak in favor of the proposed zoning change. Again, there were none. The public hearing was declared closed. Following discussion on this item, Councilman Morton moved that the zoning change be approved as requested. CouncilmAn Robertson seconded the motion; ~otion carried 7-0 with l~yor Pro Tem Wilk~rson, Councilman Thomas, Morton, Smother~on, Cov~an, Robertson and Nelson votin~ in favor of the ~otion. PAGE 5 OF 9 000029 Item 11: Discussion, consideration of approval of a variance from Section 10-5-3 BI of the Sign Ordinance which concerns the effective area of attached signs. The variance is requested by David Kniffen on behalf of the Subway Shop located at 110 Sandy Lake Road. Chief Building Official Dale Jackson made the presentation to the Council. Mr. Jackson stated that it was his interpretation that the yellow awning at this business does not serve as an awning, but attracts the attention of the public and, therefore, acts as a sign. The Sign Ordinance limits the size of signs to a maximum of 18 square feet. The total area of this sign is Just over 20 square feet. Mr. David Kniffen, 229 Simmons, was present to discuss this item with the Council. Mr. Kntffen stated that other signs in the shopping center were also in violation of the size requirement. Following discussion, Council instructed staff to look at amending the Sign Ordinance to clearly state that back-lighting is to be considered a part of a sign and also re- quested staff to check into other signs in the shopping center to see if other violations are present. Following further discussion, Councilman Robertson moved that the variance request be approved as submitted. Councilman Nelson seconded the motion; motion carried 5-2 ~rith Hayor Pro Tam Wilkerson, Councilmen Smothermon, Cowman, Robertson and Nelson voting in favor of the motion, and Councilmen Morton and Thomas voting against the motion. Item 12: Discussion and consideration of issuing a temporary permit for a mobile home at 112 Shady Dale. Chief Building Official Dale Jackson made the presentation to the Council. Mr. Jackson stated that the applicant is wishing to construct a house on property located at i]2 Shady Dale and would like to use a travel trailer, which in this case would be classified as a mobile home, on the property as a residence until the construction of the permanent house is completed. Mr. Don Lawrence was also present to discuss this item with the Council. Mr. Lawrence is requesting a six month approval to live in the travel trailer, and indicated that the existing structure would be removed once the new home is built. Mr. Lawrence also dicated that construction on the new home would not begin until his property owned in Burkburnett, Texas, was sold. The property in Burkburnett has been on the market for one year with no contracts for sale on it at present. Following discussion by the Council, Councilman Smothermon moved that this request be denied. Councilman Morton second- ed the mariani the motion for denial carried 6-I with with Mayor Pro Tam Wtlkerson, Councilmen Thomas, Morton, Smothermon, Co~man and Nelson voting in favor of the motion and Councilman Robertson voting a~ainat the motion. Item 13: Discussion, consideration and approval of a variance from Section 303d of the Untform Building Code which concerns building permit fees. This variance is requested by Mr. John Knnnathusseril for the property located at 225 Simmons. Chief Building Official Dale Jackson was present to discuss this item with the Council. Mr. Jackson stated that the original permit was obtained on February 24, 1989, with the last requested inspection being performed on May 26, 1989. Inspections remaining are the final elec- trical and final building. Mrs. Kunnathueseril was also present to discuss this item with the Council. Mrs. Kunnathusseril stated that problems had been encountered with contractors. Following several difficulties, the construction company discontinued the work and sub- sequently filed bankruptcy. Following discussion on this item, Councilman Robertaon maved that the City waive the payment of any additional fees to co.plate this construction. Council~an Nalson PAGE 6 OF 9 .000030 seconded this motion; motion carried 7-0 with Mayor Pro Tam Wtlkerson, and Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion. Item 14: Presentation concerning the construction of a library book/ water bill night deposit box for City Council's consideration. Deputy City Manager/Finance Director Frank Trando made the presentation to the Council. Mr. Trando indicated that the City, at this point, has two alternatives for the installation of drive-up book and utility deposits. Video tapes could not be dropped into either alternative because of the potential damage to the tapes. It is proposed that the drop boxes be placed to the west of the City Hall entrance. It is also the recommendation of Mr. Trando that alternate number one, in the amount of $800.00 be approved. The problems with this alternate is that minimum security would be provided. Alternate number two, in the amount $7,639.00 would provide more security; however, the cost is much higher. Discussion by the Council was held concerning the Library Board's present study of this matter for a box for books and videos with a spring-loaded drop. Following discussion, Councilman Thomas moved that alternate number one be approved with staff to determine the appropriate funding. Councilman Nelson seconded the motion. Following further discussion concerning the Library Board's participation in providing a book and video drop, both the motion and the second were withdrawn. Following further discussion, Councilman Cowman moved that this item be referred back to staff for further review, that the Library Board be consulted for their input on items already being considered, and that any alternate proposed be constructed so that the drop is inside the building as opposed to an outside drop. Councilman Thomas seconded the motion; motion carried 7-0 with Mayor Pro Tam Wilkerson, Councilmen Thomas, Morton, Smothermon, Cowman, Robertson, and Nelson voting in favor of the motion. Item 15: Discussion and consideration of approving a Budget Amendment Ordinance to the FY 1989-90 Budget. Deputy City Manager/Finance Director Frank Trando presented thin item to the Council. Following discussion, Councilman Thomas moved that Ordinance 90466 be approved and authorize the Mayor to sign. Councilman Morton seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion. CONSENT AGEndA Item 16A. Consideration of street assessment ordinance for improving a portion of Denton Tap Road from Beltline road to Sandy Lake Road, deter~tning and fixing the portion of the project costs to be assessed against abutting property and calling a public hearing thereon. 16B. Consideration of street assassment ordinance for improving a portion of Denton Tap Road from Sandy Lake Road, determining ,--. and fixing the portion of the project costs to be assessed against abutting property and calling s public hearing there- PAGE 7 OF 9 000031 16C. Consideration of awarding a contract to construct and install landscaping and irrigation in the medians of Denton Tap Road from the intersection of East Beltline Road and Southwestern Boulevard to Denton Creek to the 1or bidder, Landscape Design and Construction, in the amount of $148,432.00 and authorizing the Mayor to sign. 16D. Discussion and consideration of scheduling a Work Session of City Council with the Coppell Historic District Committee, and others, to review the plans, goals and objectives of that Committee, tentatively scheduled for Monday, February 19, 1990. 16E. Approval of Change Order #2 for the Village Parkway Reservoir project deleting $19,000.00 of site grassing and sodding requirements. Approval of Change Order t6 for tbs Village Parkway Pump Station project deleting $1,267.00 of site grassing requirements. 16F. Consideration, discussion, and award of a contract for instal- lation of the Base Bid (w/o rye grass) and Alternates ~iA and #lb of the Village Parkway Pump Station Landscaping Project to Landscape Design & Construction, Inc. in the amount of $39,683.00 and authorizing the Mayor to sign. 16G. Discussion and consideration of approving a payment in the amount of $45,430.84 to D.T. Construction, Inc., for the improvements of Samuel Boulevard, a portion fronting St. Ann Catholic Church. 16H. Consideration of awarding a contract for Pathway Boulevard improvement from Alex Drive to Heartz Road in the amount of $108,711.80 and authorizing the mayor to sign. 16I. Consideration to formally ratify SBS Park Improvements Agree- ments - Concession Stand and Ball Field Lighting. 16J. Consider approval of an agreement with Univest Properties, Inc., for dedication of right-of-way for MacArthur Boulevard north of DeForest Road. 16K. Consideration for awarding of bid for purchase of water meters to various firms not to exceed $35,000.00 total for FY 1989-90. 16L. Consideration of rejecting bid No. Q 1189.01 for two (2) 800 MHZ Radios. 16M. Discussion and consideration of approving the dedication of an easement for purposes of providing access for City Public Works personnel to maintain the meter and related facilities for the water services to the Christ Our Saviour Lutheran Church on Heartz Road and authorizing the Mayor to sign. 16N. Discussion and consideration of waiving the permit fees, procedures, and size limitation for signs to be used in the upcoming Bond Election. Mayor Wolfe reminded the Council that Items 16A and 16B had been de- leted. Councilman Morton moved that the remaining Consent Agenda be approved as submitted and the Hayor be authorized to sign the necessary documents. PAGE 8 OF 9 000032 Councilman Smothermon seconded the motion; motion carried 7-0 with Hayor Pro Tem Wilkerson, Councilmen Thomas, Horton, Smothermon, Co~man, Robertson and Nelson voting in favor of the motion. EXECUTIVE SESSION (Closed to the public) ES-17 Article 6252-17, Senate Concurrent Resolution Ntmber 83; discussion with City Attorney concerning matters involving privileged con~aunication between Attorney and client. PUBLIC SESSION (Opened to the public) There being no further business to come before the Council the meeting was adjourned. Mark Wolfe Mayor ATTEST: Dorothy Timmons City Secretary MINUTES 021390 MNTS3 PAGE 9 OF 9 000033