CM 1990-03-13 Minutes of March 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, March 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 w~re City Manager Alan D. Ratliff, City Secretary
Dorothy Timmons and City Attorney Larry Jackson.
Mayor Wolfe cal [ed the meeting to order and asked everyone to stand
while Councilmmn Morton gave the invocation. Following the
invocation, Ma ,or Wolfe led those present in the Pledge of
A11 egiance.
EXECUTIVE SESSION (Closed to the Public)
ES-1 A. ArtiCle 6252-17, Senate Concurrent Resolution Number 83,
discqssion with City Attorney concerning matter involving
privileged communications between attorney and client.
1. !Status report - pending litigation
2. Update on Weaver
B. Article 6252-17, Section 2 (e), discussion with City
Attorney.
1. Update on Lesley Lawsuit
C. Artiqle 6252-17, Section 2(f), discussion with respect
to the purchase, exchange, lease of real property and
City Iliability.
1. iStatus report on Library Site Acquisition
D. ArtiCle 6252017, Section 2(g), discussion concerning
personnel.
1. !Discussion of City Managers performance evaluation
iand compensation
The City Council convened into Executive Session at 6:33 p.m. on
Tuesday, March il3, 1990, as allowed and recited under the above
stated articlei Mayor Wolfe adjourned the Executive Session at
7:02 p.m. on Tuesday, March 13, 1990 and opened the public session.
Councilman cowman arrived during the Executive Session.
~ (Open to the Public)
Item 3: Consideration of Approval of Minutes: February 27, 1990
Councilman Smo~hermon moved the minutes be ap.proved as submitt.ed.
Councilman Robgrtson seconded the motion; motion carried 7-0 with
Mayor Pro Tem~ilkerson, Councilmen Thomas, Morton, Smothermon,
Cowman, Robert~on and Nelson voting in favor of the motion.
Item 4: Mayor, s Report
Mayor Wolfe reported on the following items:
A: Congratulations were given to City Manager Alan D.
Ratliff for completing three years with the City of
Coppell.
Page 1 of 9
000042
B: The Council was reminded that the March 27, 1990
City Council meeting will be the final Students in
Government program for this school year. The
twelfth Grade Honors class will be present to act
as Student Council representatives.
C: The Coppell Business Association (CBA) will be
meeting on Wednesday, March 14, 1990 at noon to vote
on dissolving the CBA and merging into a Coppell
Chamber of Commerce.
D: A consensus of Council was requested concerning the
presentation of plaques for the Bond Steering
Committee members. There was a consensus of Council
that up to $400.00 would be spent on these plaques
with funds to come from the Mayor and Council
budget.
E: The four cities in the Metroplex area, Coppell,
Carrollton, Farmers Branch and Addison, will be
joining together to form a "Youth Drug Prevention
Program". This group will conduct drug awareness
programs and public relations campaigns to inform
students and their parents of the problems
associated with drugs and drug use. It was a
consensus of the Council to appoint Councilman
Cowman and Cheif Wes Kilcrease representing City
Staff.
F: The four cities mentioned in Item E will also band
together to do a Twin City Program on sharing
economic development and business enhancement. The
City of Markhum, Ontario, Canada, which has an
approximate population the size of the four cities,
,-- will be the twin city. This city is in the same
approximate growth mode as we are experiencing in
this area. Mayor Wolfe informed the Council that
he, along with the City Manger and the Chairman of
the Economic Development Board, will be a part of
the tour to be conducted on April 20, 1990 for
visiting dignitaries from Markhum.
G: Council was reminded that the discussion concerning
Bethel Cemetery will be placed on the March 27, 1990
agenda for consideration.
H: Leona Allen, reporter for the Coppell Gazette, will
be leaving this newspaper to work with the Dallas
Times Herald, effective March 26, 1990. Ms. Allen
indicated she has been assigned to the suburban
areas and will still be in contact with the City to
provide news reports on Coppell. Mayor Wolfe
expressed his thanks to Ms. Allen for her
professional handling of reporting.
I: Councilman Morton informed Citizen and Council
present of two serious accidents that had occurred
this weekend involving Coppell youth, and asked that
these youth and their families be kept in the minds
and the thoughts of the citizens of Coppell.
J: Councilman Cowman informed Council that he, along
with Councilman Robertson and Nelson, had recently
~ ~ attended a Lakes of Coppell Homeowners Association
.~.t~ meeting. At this meeting it was brought to their
r &ttention that a 26 cent per 100 dollar evaluation
was being assessed to homeowners in the Lakes of
Coppell as homeowner fees. Councilman Cowman
indicated that if the use of these fees for
Page 2 of 9
000043
maintenance of landscaped areas, etc. was the
purpose of the fees, he requested Staff input on
why, and if, the City should be providing these
services.
K: Councilman Cowman requested the City Manager to
forward commendations to the Police Department on
having a Police car at the Beltline and MacArthur
intersection to control parking of the DART bus.
L: Councilman Robertson requested that an item to
consider joint purchasing with the school district
be placed on the agenda for the upcoming joint City
Council/School Board meeting.
M: Councilman Nelson requested Staff to look into City
vehicles traveling from the Service Center to the
center of town through the residential area
including Phillips Drive and requested that these
vehicles use Samuel and Parkway Boulevard.
N: Mayor Pro Tem Wilkerson requested information as to
the last filing date for the MUD election. Mayor
Wolfe stated that this item would be covered under
the Council Liaison reports.
Item 5: citizens Appearances
Mayor Wolfe recognized the following citizens:
Mrs. Vivian Checkley of 812 Howell, stated that she would like to
see the speed limits on Beltline and Denton Tap Roads enforced as
well as signs possibly being installed advising citizens of the
miles per hour to travel in order to catch all of the traffic
lights on green signal. Additionally Mrs. Checkley would like for
the right hand turn lanes to be monitored for compliance and stated
that traffic proceeding through these intersections at the
Southwestern Boulevard/Denton Tap/Beltline Road intersections are
not adhering to posted requirements.
Mr. John Whitlock of 401 W. Bethel Road, spoke to the Council
concerning citations he had received for animals at large. Mr.
Whitlock expressed his feelings that the fines were excessive,
duplicates, and not for animals that he owned.
Item 6: City Council Liaison Reports
A: ARCHITECTURAL REVIEW COMMITTEE - There was no report at
this time.
B: CHAMBER OF COMMERCE - Councilman Cowman again informed
the Council that the Coppell Business Association will
be holding their monthly meeting on Wednesday, March 14,
1990 at noon to discuss the possibility of dissolving the
Coppell Business Association and forming a Coppell
Chamber of Commerce. Councilman Cowman stressed the
importance of this meeting and the support of the
business community in attending.
C: COPPELL HISTORIC DISTRICT - There was no report at this
time.
D: DALLAS CENTRAL APPRAISAL DISTRICT - There was no report
at this time.
E: FINANCE COMMITTEE - There was no report at this time.
F: LIBRARY BOARD Mayor Pro Tem Wilkerson informed the
Council that the Library Board has decided not to
continue consideration of the book and video drop until
the new library building is built.
Page 3 of 9
000044
G: MUD ABSORPTION COMMITTEE - Councilman Morton informed the
Council of items discussed at the MUD Board meeting
earlier in the day. The MUD Board called their election
for May 5, 1990 with filing for places on the ballot to
close on March 21, 1990. There appeared to be some
confusion as to the process and place for filing
applications for this Board. Three seats on the Board
are up for election, city Staff and City Attorney are
providing guidance to the Council on the process for
filing. The MUD Absorption Committee is working with
homeowners associations to make them aware of the
upcoming MUD elections.
H: NCTCOG - There was no report at this time.
I. PARK BOARD - Councilman Thomas informed the Council that
the Park Board has been working with the Rotary Club
making finals plans for the Pavilion. The Board has also
been working with the Rotary Club concerning the
Founder's Day Run. They are getting a good response from
the public. The proceeds of this run will go to the Park
Board.
J. SCHOOL BOARD - There was no report at this time.
K. TRANSPORTATION STUDY COMMITTEE - There was no report at
this time.
Councilman Morton reported to the Council that the Office on Aging
is now serving approximately 137 senior households in Coppell. He
also provided information from the Trinity River Authority (TRA)
Steering Committee meeting.
Item 7: Swearing in of the city of Coppell Municipal Court Judge
and Alternate Municipal Court Judge.
Mayor Wolfe asked that Ms. Marian Moseley and Ms. Deanna Burnett
come forward and administered the Oath of office to Ms. Moseley as
the Municipal Court Judge and to Ms. Burnett as the Alternate
Municipal Court Judge. No action was required by the Council on
this item.
Item 8: Canvass the returns of the March 3, 1990 Bond Election
approval of an order declaring the results of the
election and authorizing the Mayor to sign.
City Bond Attorney Pete Tart was present to discuss this item with
the Council. Mayor Wolfe read the results of the Bond Election
into the record which is as follows:
PROPOSITION FOR AGAINST
1 1178 726
2 934 961
3 898 987
4 938 954
5 1204 704
6 999 894
7 1178 719
8 644 1252
9 1211 684
Mayor Wolfe then stated that Proposition 1, 5, 6, 7 and 9 were
approved by the voters. Following further discussion Councilman
Morton moved that Ordinance 90469 be approved. Councilman
Smothermon seconded the motion; motion carried 7-0 with Mayor Pro
Tem Wilkerson, Councilmen Thomas, Morton, Smothermon, Co%nman,
Robertson and Nelson voting in favor of the motion.
00 045
Item 9: Consider approval of a resolution adopting an order
appointing Election Judges for the Municipal Election to
be held Saturday, May 5, 1990 and authorizing the Mayor
to sign.
Following discussion on this item, Councilman Morton moved that
Resolution 031390.1, appointing Mrs. Jeane Heath as the City's
presiding Election Judge and Mrs. Mary Hoverson as the City's
Alternate Election Judge for the May 5, 1990 election be approved.
Councilman Robertson 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 10: Discussion and consideration of establishment of Capital
Improvement Advisory Committee:
A. Adoption of resolution appointing the Planning and
Zoning Commission to serve as the Capital
Improvements Advisory Committee.
Following discussion on this item, Councilman Morton moved that
Resolution 031390.2 appointing the Planning and Zoning Commission
as the Capital Improvements Advisory Committee be approved.
Councilman Wilkerson 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 11: Consideration of a proposal for professional services
from the City's Consulting Engineer, Ginn, Inc. in the
amount not to exceed $25,000.00 for their assistance in
developing water/sewer impact fees.
Deputy City Manager/Finance Director Frank Trando made the
presentation to the Council. He indicated that Staff is in the
process of preparing a resolution which will be placed on the March
27, 1990 agenda for Council consideration to call a public hearing
on water and sewer impact fees. This process has to be completed
by June 20, 1990 or the City will have to wait a year to implement
this program. The proposal for professional services is a letter
agreement from Consulting Engineer WaYne Ginn. Following
discussion on this item, Councilman Robertson moved that the letter
agreement appointing Ginn, Inc. as the City's consultant in
developing water/sewer impact fees be approved in an amount not to
exceed $25,000.00. 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.
Item 12. PUBLIC HEARING, To consider a zoning change, Case #AC-
526 from (A) Agricultural to (HC,LI,C & MF-2) Highway
Commercial, Light Industrial, Commercial and Multi-
Family-l, located at (Tract 1) the northeast corner of
Spur 553 and Denton Tap Road; (Tract 2) at the southeast
corner of Spur 553 and Denton Tap Road; (Tracts 3,4,5 &
8) adjacent to Denton Creek in the Vista Ridge Business
Park; and Tract (6 & 7) along the north and south side
of Denton Creek at MacArthur Boulevard, at the request
of Vista Mortgage and Realty.
Planning Director Gary $ieb made the presentation to the Council.
Mr. Sieb stated that this development is the area commonly known
as the Vista Ridge Development and contains a gross area of
approximately 286 acres with 213 acres being requested for rezoning
while 71 will remain in the floodplain area. A reduction in the
multi-family zoning is being requested from the original proposal.
In addition, the applicant will dedicate land and construct the
MacArthur extension from its' present terminus. The Planning and
Zoning commission heard this presentation on February 15, 1990 and
recommended approval by 3-2 vote. Therefore, a simple majority is
needed for Council to approve this zoning request. Mr. Jeff Hurt,
representing the applicant, was also present to discuss this item
Page 5 of 9
000046
with the Council. Mayor Wolfe declared the public hearing open and
asked for those persons who wish to speak against the proposed
change. There were none. He then asked for those persons who wish
to speak in favor of the proposed change. Again, there were none
The public hearing was declared closed. Included in discussion by
the Council was the possibility of extending the City's use of the
amphitheater. The present agreement calls for the City to be able
to use the amphitheater 25 percent of the time for a 20 year time
period. Mr. Hurt stated that as long as they are the owner of the
amphitheater, the current agreement could be extended. Other
questions by the Council concerned the downstream drainage and
flooding problems. Planning Director Gary Sieb indicated that
these items would be addressed during the plating process rather
than at the present time. Following further discussion by Council,
Councilman Robertson moved that the requested zoning on Case ZC-
526 be approved as submitted. 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.
Item 13. PUBLIC HEARING, To consider the alteration of a site
plan, Case #S-1013.1, 7-Eleven and Mobil Oil Company
Joint Venture, located at the northwest corner of Denton
Tap Road and Sandy Lake Road, at the request of Dimension
Group.
Planning Director Gary Sieb also made this presentation to the
Council. Mr. Sieb stated that this zoning case was originally
heard by the Planning and Zoning Commission in December of 1989
with the recommendation for denial. A revised plan was brought
forward and heard before the Planning and Zoning Commission on
February 15, 1990 with a unanimous recommendation for approval from
the Planning and Zoning Commission. Mr. Mike Irvin of Southland
Corporation and Mr. A1 Rogers of Mobil Oil Corporation were also
present to discuss this item with the Council. Mr. Irvin stated
that the architecture of this development would have the Old World
theme. During discussion by the Council Mr. $ieb indicated that
the berms from the original plan are still included in the revised
plan and that the signage shown on the attached plan is not a part
of the zoning request. Mr. Rogers stated that the canopy to be
constructed at the gas islands would be the same construction as
that at the MacArthur and Beltline Road intersection building.
Mayor Wolfe declared the public hearing open and asked for those
persons who wish to speak against the proposed zoning change.
There were none. He then asked for those persons who wish to speak
in favor of the proposed zoning change. Again, there were none.
Mrs. Vivian Checkley was recognized and questioned the location of
this development. Her concern was that the trees at the southeast
corner of Denton Tap and Sandy Lake Road be preserved. However,
this development is located at the northwest corner of this
intersection. The public hearing was then declared closed.
Following discussion by the Council on this item, Councilman Nelson
moved to approve zoning change request S-1013.1 as submitted. The
zoning request does not include the sign as shown on the drawing
presented to the City Council. The motion also included that the
canopy on the gas islands are to be built identical to the one in
existence at the MacArthur and Beltline Road site. Councilman
Robertson 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 14. Consideration of a preliminary plat for the Pecan Hollow
Addition, located approximately 550 feet south of the
intersection of Parkway Boulevard and Lodge Road, along
the west side of Lodge Road, at the request of Gateway,
U.S.A.
Planning Director Gary sieb made the presentation to the Council.
Mr. Sieb stated that this plat, which is a preliminary plat,
contains 204 lots and hssbeenrecommendedunsnimously for approval
Page 6 of 9
D00047
by the Planning and Zoning Commission at their February 15, 1990
meeting. Concerns expressed by Staff have been addressed. The
alley at Block G will be turned out. Front entry houses will be
noted on the plat. Drainage has been addressed and a homeowners
association is being formed. Following discussion on the item,
Councilman Morton moved that the preliminary plat for Pecan Hollow
Addition be approved. 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.
Item 15. Consideration of a preliminary plat for Oak Bend
Addition, located near the southeast corner of Thweatt
Road and State Road, at the request of Mr. Jerry Lacy.
Planning Director Gary Sieb made the presentation on this item to
the Council. Mr. Sieb stated that all concerns from Staff have
been addressed and that the Planning and Zoning Commission
recommended approval by a vote of 4-1. Mr. Sieb additionally
stated that drainage issues in this development are being
addressed, that this is a preliminary plat, and that the drainage
issue will be resolved prior to request for final plat approval.
Mayor Wolfe recognized Terry Owen of 134 Winding Hollow who
indicated that her property has been flooding more this year since
additional development has taken place in this area. Following
further discussion on this item, Councilman Morton moved that the
preliminary plat of Oak Bend Addition be approved as submitted.
Councilman Robertson seconded the motion; motion carried 5-2 with
Councilmen Morton, Smothermon, Cowman, Robertson and Nelson voting
in favor of the motion, and Mayor Pro Tem Wilkerson and Councilman
Thomas voting against the motion.
Item 16. Consideration for awarding of bid for construction of
concession stand/washroom facility at Andrew Brown Park.
Deputy City Manager/Finance Director Frank Trando made the
presentation to the Council. Mr. Trando informed the Council that
no bids had been received. It is his recommendation that any and
all bids be rejected and that Staff work with Councilman Robertson
to prepare a list of materials needed. From that list, bids will
be prepared and brought forward to the Council within the next
thirty (30) days. Following further discussion on this item,
Councilman Morton moved that the City reject any and all bids on
the construction of the concession stand/washroom facility at
Andrew Brown Park. 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.
Item 17. Consider an ordinance declaring the inclusion of an area
being generally bounded on the north by Sandy Lake Road,
on the east by the Elm Fork (East Fork) of the Trinity
River, on the south by the St. Louis & Southwestern
Railroad right-of-way and on the west by Beltline Road
(north/south) as part of the City of Coppell. Said area
having received longstanding treatment as being a part
of the City of Coppell, pursuant to Section 41.003 of the
Local Government Code.
Following discussion on this item, Councilman Morton moved that
Ordinance No. 90470 be approved. 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 18. Scheduling and calling a Joint Meeting of the School Board and city Council.
Discussion was held bythe Council concerning dates to hold a Joint
meeting with the School Board which were narrowed to April 23, 1990
Page 7 of 9
or April 30, 1990. Following discussion on this item, Councilman
Morton moved that the item be tabled to the March 27, 1990 agenda
in order that the City Attorney may contact the school
superintendent for a definite date for the joint meeting.
Councilman Robertson 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 19. A. Remove from the table consideration of an Ordinance
revising Article 9-1 of the city Code of Ordinances
to provide for the regulation and control of animals
and authorizing the Mayor to sign.
Councilman Thomas moved that this item be removed from the table.
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.
B. Consideration of an Ordinance revising Article 9-
1 of the City code of Ordinances to provide for the
regulation and control of animals and authorizing
the Mayor to sign.
Councilman Nelson informed the Council that he had reviewed this
item and felt that it meets the City's needs at this time.
Councilman Cowman also indicated that he would like for Staff to
look at fines levied in violation of this ordinance to see if they
are excessive and requested information on "window" fines. It was
the consensus of the Council to appoint Councilmen Jim Cowman and
John Nelson to the subcommittee to look at procedures of impounding
animals. Following further discussion on this item, Councilman
Cowman moved that Ordinance 90471 be approved. 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.
Item 20. Consideration of authorizing the City Manger to negotiate
a professional services contract with Albert H. Halff,
Associates, Inc. for the development of a city-Wide
Floodplain Management Plan and Local Drainage Solution
Study for an amount not to exceed $93,000.00, and
authorizing the mayor to sign.
city Engineer Russell Doyle made the presentation on this item and
stated that the item is for the City Manager to negotiate a
contract for development of a City-Wide Floodplain Management Plan
and local drainage solution study. It is the recommendation of
Staff that Albert H. Halff Associates, Inc. be contacted for
negotiations of a contract. City Manager Alan Ratliff indicated
that once the contract has been negotiated it will be returned to
Council for their final review. Following further discussion on
this item, Councilman Smothermon moved that the City Manager be
authorized to negotiate a contract with Albert H. Halff Associates,
Inc. which is to be brought forward to the Council before
execution. 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.
Item 21. Consideration of calling special meeting and work session
to receive and discuss the "Anderson Drainage Master
Plan" - Kimberly-Horn and Associates, Inc.
Discussion was held by the Council concerning dates for a special
meeting to discuss the master drainage plan of the City. It was
the consensus of the Council that the meeting be held on either
April 23, 1990 or April 30, 1990. Following further discussion,
Councilman Smothermon moved that consideration of this item be
tabled to the March 27, 1990 agenda. Councilman Cowman seconded
Page 8 of 9
000049
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 22. Consideration of an escrow agreement for Mobil/7-11 Joint
Venture in lieu of their obligation to construct their
portion of Sandy Lake Road improvement.
Following discussion by the Council, Councilman Robertson moved
that the escrow agreement with the Mobil/7-11 Joint Venture for
escrow of $11,900 in lieu of obligations to construct Sandy Lake
Road be approved. 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.
EXECUTIVE SESSION (Closed to the Public)
ES-1 D. Article 6252-17 Section 2 (g) discussion concerning
personnel.
1. Discussion of City Managers performance evaluation
and compensation.
The City Council convened into Executive Session at 9:30. Mayor
Wolfe adjourned the Executive Session at 10:15 p.m. and opened the
public session.
PUBLIC SESSION (Open 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
Page 9 of 9
O0O050