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CM 1990-04-10 Minutes of April 10, 1990 The City Council of the city of Coppell met in regular called session at 6:30 D.m. for executive session and 7:00 p.m. for open session on Tuesday, April 10, 1990 in the Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Dean Wilkerson, Mayor Pro Tem Tom Morton, Councilman Bill Smothermon, Councilman Jim Cowman, Councilman (Late Arrival) Ron Robertson, Councilman John Nelson, Councilman Mayor Mark Wolfe and Councilman David Thomas were not present. Also present were Deputy City Manager/Finance Director Frank Trando, City Secretary Dorothy Timmons and City Attorney Larry Jackson. EXECUTIVE SESSION (Closed to the Public) ES-1 A. Article 6252-17, Senate Concurrent Resolution Number 83, discussion with city Attorney concerning matter involving privileged communications between attorney and client. 1. Coppell/Grapevine boundary dispute 2. Pending litigation B. Article 6252-17, Section 2 (f), discussion with respect to the purchase, exchange, lease of real property and City liability 1. Status report on Library Site Acquisition 2. Discussion of acquiring right-of-way on MacArthur Boulevard C. Article 6252-17, Section 2 (g), discussion concerning personnel 1. Discussion of City Manager performance evaluation and compensation The City Council convened into Executive Session at 6:40 p.m. on Tuesday, April 10, 1990, as allowed and recited under the above stated articles. Mayor Pro Tem/Presiding Mayor Dean Wilkerson adjourned the Executive Session at 7:25 p.m. on Tuesday, April 10, 1990 and opened the public session Councilman Cowman arrived during the Executive Session. REGULAR SESSION (Open to the Public) Mayor Pro Tem Dean Wilkerson called the meeting to order and asked everyone to stand while Councilman Nelson gave the invocation. Following the invocation, Councilman Robertson led those present in the Pledge of Allegiance. Item 3: Consideration of Approval of Minutes: March 27, 1990 Following discussion on this item, Councilman Morton moved the minutes be approved as submitted. Councilman Smothermon seconded the motion; motion carried 6-0 with Mayor Pro Tem Wilkerson and Councilmen Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion. Item 4: Mayor's Report Mayor Pro Tem Wilkerson reported on the following items: A. On April 12, 1990 a meeting will be held in the D/FW Administration building on the proposed runways. This meeting is scheduled to begin at 9:30 a.m. Councilman John Nelson will represent the City at this meeting. Page 1 of 8 000060 B. The North Texas Commission luncheon is scheduled for April 16, 1990. Councilmembers need to make City Staff aware of their attendance at this meeting. C. The Texas A&M training program will not be coming to Coppell. Mayor Pro Tem Wilkerson read a letter from Mr. Jim Bradley of the Texas Engineering Extension Service stating this fact and thanking the City officials for their assistance. D. Councilman Cowman requested that Staff check into the medians on Beltline and Denton Tap Roads being mowed. E. Mayor Pro Tem Wilkerson requested that the petition from the citizens on Loch Lane for street improvements be given consideration by Council to be included in the midyear budget. Item 5: Citizens Appearances There were no citizens who wished to speak at this time. Item 6: City Council Liaison Reports. A. ARCHITECTURAL REVIEW COMMITTEE - There was no report at this time. B. CHAMBER OF COMMERCE - Councilman Cowman indicated a report should be forthcoming on the Coppell Chamber of Commerce in the next 30 to 60 days. C. COPPELL HISTORIC DISTRICT - There was no report at this time. D. DALLAS CENTRAL APPRAISAL DISTRICT - Councilman Nelson indicated that the appraisal district is getting closer to completing appraisal values with the preliminary roll being out in late May with the final roll coming out in July. E. FINANCE COMMITTEE - Councilman Smothermon reminded the Council of the midyear budget meeting on May 15, 1990. F. LIBRARY BOARD - Mayor Pro Tem Wilkerson called the Council's attention to a memo from himself and the Library Board concerning a consensus of the Council for a commitment of $200,000 in order to file a preapplication for a matching grant. This preapplication has to be filed by May 15, 1990. The City will know if it meets criteria for the application by June. Councilman Morton indicated consensus to file the preliminary plat, but prior to any final application being filed, this item be placed back on the Council agenda and each concern addressed as he has indicated in his individual packet. Councilman Morton provided a copy of these concerns and questions to Deputy city Manger/Finance Director Frank Trando for distribution to Councilmembers. Mayor Pro Tem Wilkerson indicated that he would like for discussion on concerns to come back in late May. It was the consensus of the Council to file the preapplication in order to meet the May 15, 1990 deadline and bring back the concerns for discussion in late May. G. MUD ABSORPTION COMMITTEE - Councilman Morton informed the Council that a MUD Board meeting had been held earlier in the day. Three new subdivisions were considered to be included in the MUD district. The MUD Board also called the May 5, 1990 election and stated that the absentee voting would be done at St. Ann's Catholic Church. H. NCTCOG - There was no report at this time. I. PARK BOARD - Since neither Mayor Pro Tem Wilkerson or Councilman Thomas were able to attend the Park meeting, Councilman Robertson had attended and informed the Council as Page 2 of 8 600061 to a policy being developed to take over the upcoming concession stand in Brown Park. This policy will be coming forward in the near future. J. SCHOOL BOARD - Councilman Robertson informed the Council that the Liaisons and City Staff had recently met to look at the land ground work for the summer program. Councilman Morton also reported on the Metrocrest Youth and Family Services and stated that the City has its first participant in the "First Offender" program. He also indicated that the City now has 138 households being served by the office on Aging and provided the Deputy City Manager with copies of the second quarter report from the Office on Aging. Additionally, Councilman Morton reported that the North Central Texas Council of Governments is looking at implementing a recycling program in various cities. Councilman Cowman indicated that he would like to see a new council liaison item added for at least a monthly report concerning the drug awareness program. Councilman Cowman and Robertson have been appointed to this study committee with Officer Kelly being the Staff Liaison. Councilman Nelson then requested that a presentation be on the April 24, 1990 agenda concerning the status of the drug awareness program. Item 7: PUBLIC HEARING, To consider a zoning change request, Case #ZC-524, from (R) Retail, to (SF-9) Single-Family-9, located at 316 W. Bethel Road, at the request of Mrs. Julianna Otts. Director of Planning and Community Services Gary Sieb introduced this item to the Council. Mr. Sieb stated that the Planning and Zoning Commission has recommended approval of this zoning change. The request is being made in order to allow the boarding of horses on the property. The Historic Committee has met and this request does fit in with their intentions for this area. Mayor Pro Tem Wilkerson opened the public hearing and asked for those persons who wish to speak for the proposed zoning change; there were none. He then asked for those persons who wish to speak against the proposed zoning change; again there were none. The public hearing was declared closed. Following discussion by the Council, Councilman Morton moved that the zoning change request be approved as submitted. Councilman Robertson seconded the motion; motion carried 6-0 with Mayor Pro Tem Wilkerson and Councilmen Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion. Item 8: PUBLIC HEARING, Consideration of an amendment to the City of Coppell Master Thoroughfare Plan to reduce right-of- way for Southwestern Drive/Gateway (proposed name change) Boulevard from six-lane divided (110 feet of right-of- way), to four-lane undivided/divided (80-90 feet of right-of-way); realignment of Cotton Road, and elimination of the extension of Southwestern Drive, both west of Freeport Parkway. Director of Planning and community Services Gary sieb also made the presentation of this item. For the records, although this item is listed as a public hearing, it is not an official public hearing as required for zoning changes. However, it is being conducted as such in order to give interested parties an opportunity to speak. Mr. Sieb informed the Council that three property owners in the affected area had requested two amendments to the City's thoroughfare plan. The first requested amendment was for the realignment of Cotton Road and elimination of the Southwestern Boulevard extension. The second amendment was to reduce the right- of-way from 110 feet (six-lane divided highways) to 90 feet of right-of-way (four-lane divided highway from Denton Tap/Beltline to Freeport) and 70 foot right-of-way (four-lane undivided highway from Freeport to Royal Lane). However, staff is recommending that the Thoroughfare Plan be amended to include a four-lane divided Page 3 of 8 highway from the Beltline/Denton Tap intersection to Royal Lane. This is also the recommendation of the Planning and Zoning Commission. Those property owners affected who were present to discuss this item with the Council were Mr. Weldon Davis, representing Santa Fe Realty and Mr. Peter Staks, representing Thompson Realty. Mayor Pro Tem Wilkerson opened the public hearing and asked for those persons who wished to speak in favor of the proposed amendments. Those persons speaking were Mr. David Hardin, 777 Freeport Parkway, who feels that the medians in industrial sections do adversely affect traffic as far as tractor trailer vehicles are concerned. Mayor Pro Tem Wilkerson then asked for those persons who wished to speak against the proposed amendments; there were none. The public hearing portion of this item was closed. Discussion was held by Council. Council adjourned into Executive Session as allowed under Article 6252-17, Senate Concurrent Resolution #83, discussion with City Attorney concerning matter involving privileged communications between attorney and client at 8:45 p.m. and adjourned back into open session at 8:47 p.m. Following further discussion on this item, Councilman Smothermon moved that the Thoroughfare Plan be amended to include the reduction of right-of-way from the Denton Tap/Beltline intersection west to Freeport Parkway from the current 110 foot right-of-way (six-lane divided thoroughfare) to a 90 foot right- of-way (four-lane divided thoroughfare); to reduce the right-of- way requirements from Freeport west to Royal Lane from 110 foot right-of-way (six-lane divided thoroughfare) to 70 foot right-of- way (four-lane undivided thoroughfare); that the entrances at Gateway and Freeport as well as Gateway and Royal Lane include a divided median for at least 125 feet with the median being heavily landscaped. Councilman Cowman seconded the motion; motion carried 4-2 with Councilman Smothermon, Cowman, Robertson and Nelson voting in favor of the motion and Mayor Pro Tem Wilkerson and Councilman Morton voting against the motion. Item 9: Consider a preliminary plat for the Mockingbird School Site Addition, located at the northeast corner of Mockingbird Lane and Falcon Lane, at the request of Coppell Independent School District. Director of Planning and Community Service Gary Sieb made the presentation to the Council. Mr. Sieb stated that the applicant is requesting two variances which are that the distance between the existing exit and the new proposed entry to the elementary school be approximately 60 feet rather than the approximate 90 feet required by ordinance and that all fees other than inspections fees be waived. Mr. Robert Howman, representing the school and Mr. Buddy Echols, School Superintendent, were also present to discuss this item with the Council. Mr. Echols stated that the school is requesting that any fees be waived where the City would not be incurring cost, such as in inspections. Discussion was held concerning the possibility of cost being incurred through the water and sewer availability fees. Following discussion on this item, and the possibility of additional discussion concerning the traffic problems at Austin Elementary, which are to be discussed at the joint City Council/School Board meeting, scheduled during the month of May, Councilman Robertson moved that the preliminary plat be approved as submitted with the variance for the distance between the existing exit and the new proposed entrance, as previously stated, be approved and any fees other than inspection fees or any direct cost to the City, such as cost of water meters, be waived. Councilman Nelson seconded the motion; motion carried 6-0 with Mayor Pro Tem Wilkerson and Councilmen Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion. Item 10: Consider a final Dlat for the Mockingbird School site Addition, located at the northeast corner of Mockingbird Lane and Falcon Lane, at the request of Coppell Independent School District. Page 4 of 8 0000 Director of Planning and Community Services Gary Sieb made the presentation to the Council. Conditions requested under this plan are that the final construction plans and traffic study have not yet been delivered. These two documents are to be delivered as soon as possible. Following discussion by the Council, Councilman Smothermon moved that the final plat be approved with the two documents being transmitted as soon as possible. Councilman Robertson seconded the motion; motion carried 6-0 with Mayor Pro Tem Wilkerson and Councilmen Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion. Item 11: Consider a preliminary plat for Gateway Business Park Addition, along with variances, located at the northwest corner of Freeport Parkway and I.H. 635, at the request of Santa Fe Realty. Director of Planning and Community Services Gary Sieb made the presentation to the Council. Mr. Sieb informed the Council that this tract is a 104 acre development. The roadway through this development is affected by the previous decision of the Council under Item #8 and, therefore, would show a thoroughfare with a four-lane undivided 70 foot right-of-way on the final plat rather than the four-lane divided thoroughfare as shown on the preliminary plat. In addition, four variances as follows have been requested; 1) the landscaping of parkways shall be completed as individual lots are developed; 2) all applicable fees shall be paid by the lot owners as the individual lots are developed; 3) although Freeport Parkway is a secondary image zone, no trees will be permitted along the west right-of-way because of the existing overhead electrical transmission line; and 4) temporary drainage to be carried by grass-lined channels without a concrete invert or brick facing on headwalls. The channel is to be an enclosed pipe system as individual lots are developed. Concern was expressed by the Council on variance #4 regarding the drainage channel. Acting city Engineer Shohre Daneshmand stated that Variance #4 will be addressed prior to the final plat coming before the Council. If it is determined that the velocity of the water is too high, some means would be used to reduce this velocity. Following further discussion on this item, Councilman Robertson moved that the final plat be approved with the four variances as requested as well as the thoroughfare being a four-lane undivided 70 foot right-of-way with heavily landscaped medians at the entrance of Gateway and Freeport Parkway. The median is to be at least 125 feet in length. Councilman Cowman seconded the motion; motion carried 6-0 with Mayor Pro Tem Wilkerson and Councilmen Morton, Smothermon, cowman, Robertson and Nelson voting in favor of the motion. Item 12: Consider a final plat for the Meadows Addition, Section 6, Phase II, located at the southeast corner of Parkway Boulevard and Samuel Boulevard, at the request of Meadow Glen Properties. Director of Planning and Community Services Gary Sieb made the presentation to the Council. There are no variances requested on this plat. Following discussion, Councilman Robertson moved that the final plat be approved as submitted. Councilman Morton seconded the motion; motion carried 6-0 with Mayor Pro Tem Wilkerson and Councilmen Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion. Item 13: Consider a final plat for Park West Commerce Center, and a request to vacate the previously filed plat for Gateway Park at Coppell, located at the southwest corner of Beltline Road and Southwestern Boulevard, at the request of Prentiss Properties. Director of Planning and Community Services Gary Sieb made the presentation to the Council. Eleven conditions are being requested by the applicant. Mr. Sieb read those conditions which are filed as a permanent part of the records of this plat file in the Page 5 of 8 ooao64 Planning Department. Discussion was held between Council and applicant concerning the time frame for construction of Southwestern Drive. Following discussion by the Council, Councilman Morton moved that the final plat be approved as submitted, including the eleven conditions as outlined and contained in the document entitled Plat Conditions for Park Wes~ Commerce Center final Plat which is to be attached as a part of the final plat, which is filed as a part of the permanent records in the Planning Department for this development, and which are agreed upon by the developer and City Staff; that the roadway be reduced from a 110 foot right-of-way (six-lane divided thoroughfare), to a four-lane divided thoroughfare (90 foot right-of-way). Councilman Smothermon seconded the motion; motion carried 5-1 with Councilmen Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion, and Mayor Pro Tem Wilkerson voting against the motion. At the request of Council, the following statement is included as a part of the record for this item. The Applicant, represented by Michael R. Tucker, stated for the record that his interpretation of the phrase ". as determined by the City Engineer" contained in No. 7d of the aforementioned document is "that if there is traffic, truck traffic being generated and the road needs to be improved, that's fine with me. I am just trying to build it when there is a need to have it built." Item 14: Consideration of a request from Mr. Andy Johnson to waive the fee required to request a building code variance from the Code Advisory and Appeals Board. Chief Building Official Dale Jackson made the presentation to the Council. Mr. Jackson informed the Council that the Code Advisory and Appeals Board does not have the authority to waive the fees. However, they are the proper authority to hear and consider a variance from the Building codes. Following discussion on this item and review of plans as presented by the Inspection Department, Councilman Smothermon moved that the $50 fee for appearance before the Code Advisory and Appeals Board be waived and the applicant appear before this Board for the termination of the variance. Councilman Robertson seconded the motion; motion carried 5-1 with Mayor Pro Tem Wilkerson and Councilmen Smothermon, Cowman, Robertson and Nelson voting in favor of the motion, and Councilman Morton voting against the motion. Item 15: Consideration of a request from Debbie Teer to allow work to begin at the Valley Ranch Centre prior to the completion of landscape work or escrowing of funds as required by Section 33.3.1. of the City's Zoning Ordinance. Ms. Teer is requesting the City waive the escrow requirement for a period of 60 days. Chief Building Official Dale Jackson made the presentation to the Council. Mr. Jackson informed the Council that this development is located at the intersection of Beltline Road and MacArthur. The request from the applicant is for a building permit to complete electrical and telephone work so that the computers can be installed and is for this development only. It does not include the Tom Thumb Store. City codes require that landscaping be provided in escrow prior to the issuance of a certificate of occupancy. Ms. Debbie Teer was also present to discuss this item with the Council. Following discussion on the item, Councilman Robertson moved that the request for a building permit to be issued be approved, but that a certificate of occupancy not be issued until the escrow funding is available. Councilman Cowman seconded the motion; motion carried 6-0 with Mayor Pro Tem Wilkerson and Councilmen Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion. Item 16: Request from Mr. Walter Pettijohn to appear before City Council regarding Ordinance #90370 - Review of areas of the City. Page 6 of 8 600085 Mr. Walter Pettijohn, Mr. Coe Halliburtion and Mr. Johnny Thompson were present to discuss this item with the Council. Mr. Pettijohn presented information that, in his opinion, would invalidate the passage of Ordinance 90470. Additionally, on behalf of Mr. Johnny Thompson, Mr. Pettijohn requested resolution of this item and stated for the record that Mr. Thompson wants the resolution to be a finding of the city that Mr. Thompson's property was not in the city, and that he does want to be annexed into the city. Following discussion on this item, Mayor Pro Tem Wilkerson instructed the city Attorney to work with Mr. Thompson's attorney to determine if there are any grounds for which a resolution can be reached concerning this matter and that an item be put on the agenda of April 24, 1990 for Council to consider any proposed resolution of this matter. Item 17: Consider approval of a resolution authorizing submission of an application to the Governor's Criminal Justice Division for funding of a crime Prevention Unit; authorizing the City Manager and Chief of Police to execute such documents/agreement necessary and incidental to the application; and providing for the local funds for such program. Police Chief Neil McKinney made the presentation to the Council. Mr. McKinney indicated that this program will begin October 1, 1990 and is a total grant package for the first year of $60,705 with the City's portion being $4,975 which is a 50 percent match for basic equipment costs. This program will provide a full time person to supervise and coordinate the crime prevention efforts for the city of Coppell as well as supplies and start-up equipment. If approved, first year funding is 100 percent with the exception of the equipment, which is funded on a matching basis as previously indicated. The grant would continue the second year for salaries, benefits and supplies at an 80/20 split with the City's share being the 20 percent. During the third year and additional years, the City would assume an additional 20 percent each year in personnel cost through the fifth year, at which time the grant would be finalized. Following discussion by the Council, Councilman Morton moved that Resolution 041090.1 be approved with the Mayor authorized to sign the resolution and the City Manager and Chief of Police authorized to execute such documents and agreements as necessary. Councilman Robertson seconded the motion; motion carried 6-0 with Mayor Pro Tem Wilkerson and Councilmen Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion. Item 18: To consider an ordinance closing the public hearing on the assessments, levying assessments for the payment of a portion of the cost of the improvements to Denton Tap Road from Beltline Road to Sandy Lake Road and fixing a charge and lien against said properties, and the real and true owners thereof. Following discussion on this item, Councilman Robertson moved that Ordinance 90472 be approved as submitted. Councilman Cowman seconded the motion; motion carried 6-0 with Mayor Pro Tem Wilkerson and Councilmen Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion. Item 19: To consider an ordinance closing the public hearing on the assessment~, levy!ng s~Ss~ ~s f~ the payment of a portion of the cost of the l~p~9¥e~e~s to Denton Tap Road from Sandy Lake Road to De~n Crgek and fixing a charge and lien against said pro'De~ies'/~nd the real and true owners thereof. ~ollowiDg discussion on this item, councilman Robertson moved that ~dinance 90473 be approved as submitted. Councilman Cow, an seconded the motion; motion carried 6-0 with Mayor P~ Tem Wilkerson and Councilmen Morton, Smothermon, Cowman, Robert~on and Nelson voting in favor of the motion. Page ~'~ 8 000060 Consent Aaenda Item 20. A. To consider a resolution of the City Council of the City of Coppell, Texas determining the necessity of acquiring a street right-of-way and temporary construction easements for MacArthur Boulevard on, above, and in land located within the City of Coppell, Dallas County, Texas. B. Discussion, consideration of abandonment of a portion of an easement located at 257 Alex (lot 11 block 4) and 339 Alex (lot 16 block 4) and authorizing the Mayor to sign. C. Consideration of approval of an informal resolution approving a temporary special use permit for the Coppell Founders Day event on April 27, and 28 1990. Councilman Smothermon moved that the consent agenda be approved with Item 20A carrying Resolution #041090.2. Councilman Morton seconded the motion; motion carried 6-0 with Mayor Pro Tem Wilkerson and Councilmen Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion. Item 21. Presentation by Wayne Ginn, Inc. concerning the median opening just to the north of Grapevine Creek bridge on Denton Tap Road. City Consulting Engineer Wayne Ginn made the presentation to the Council. Mr. Ginn indicated that in his opinion the intersection of Mockingbird and Denton Tap is considered a site distance problem. However, there may be additional solutions other than information that had been previously provided and it is, therefore, his recommendation that the City table action on this item total until the next Council meeting. Discussion was held by Council concerning the request from Mr. Jay Turner to remove the barricades beginning the next morning. It was the recommendation of the City Attorney that the barricades not be removed until the proper signage and any other safety features as required are provided. During discussion on this item, Councilman Cowman also requested that City Staff provide as an agenda item on the April 24, 1990 an item to consider reducing speed on the Beltline north/south and Denton Tap Roads from 45 to 40 miles per hour. Following further discussion on this item, Councilman Smothermon moved that this item be tabled to April 24, 1990. Councilman Cowman seconded the motion; motion carried 6-0 with Mayor Pro Tem Wilkerson and Councilmen Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion. There being no further business to come before the Council, the meeting was adjourned. Mark Wolfe Mayor ATTEST: Dorothy Timmons City Secretary Page 8 of 8 600067