CM 1990-05-22 Minutes May 22, 1990
The City Council of the City of Coppell met in regular called
session on Tuesday, May 22, 1990 at 6:30 p.m. for Executive Session
and 7:00 p.m. for open session in the Council Chambers of Town
Center 255 Parkway Boulevard, Coppell, Texas. The following
members were present:
Mark Wolfe, Mayor
Bill Smothermon, Mayor Pro Tem
Peyton Weaver, Councilman
David Thomas, Councilman
Tom Morton, Councilman
Jim Cowman, Councilman
Ron Robertson, Councilman
John A. Nelson, Councilman
Also present were City Manager Alan D. Ratliff, City Secretary
Dorothy Timmons and City Attorney Lawrence W. Jackson.
Mayor Wolfe called the meeting to order at 6:29 p.m.
EXECUTIVE SESSION (Closed to the Public)
ES-1 A. Article 6252-17, Section 2 (e) and Senate Concurrent
Resolution Number 83, discussion with City Attorney
concerning matter involving privileged communications
between attorney and client.
i Coppell/Grapevine boundary dispute
2 Johnny Thompson annexation question
3 Kaye Street Drainage
4 Mr. Bar-B-Q
5 Lomas & Nettleton Agreement
6 Huel Weaver Lawsuit
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
C. Article 6252-17, Section 2 (g), discussion concerning
personnel
1. City Manager
2. Mayoral appointments to City Council standing and
liaison committees and responsibilities
3. Board and Commission Appointments
a. Planning and Zoning
b. Building and Standards Commission
c. Code Advisory Appeals Board
4. Woman of the Year
The Council convened in Executive Session at 6:30 p.m. on Tuesday,
May 22, 1990 under the above stated article. Mayor Wolfe adjourned
the Executive Session at 7:01 p.m. on Tuesday, May 22, 1990 and
opened the public session.
~ (Open to the Public)
Item 3 Consideration of approval of Minutes: May 8, 1990
Following discussion concerning clarification on Item 12 (replat
for Meadows Addition), Councilman Robertson moved that the minutes
be approved as submitted with the clarification on Item 12 that
only Lots 18R and 19R were required to be one-story dwellings.
Councilman Smothermon seconded the motion; motion carried 7-0 with
Mayor Pro Tem Bill Smothermon and Councilmen Weaver, Thomas,
Morton, Cowman, Robertson and Nelson voting in favor of the motion.
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Item 4 Citizens Appearances
Mayor Pro Tem Smothermon spoke as a citizen representing Lee Ann
McLaughlin, the City's Red Cross Representative. Mayor Pro Tem
Smothermon had recently attended a meeting on behalf of the City
and received various recognition awards. Mayor Pro Tem Smothermon
presented the City Manager with a divining rod for his use in
determining exactly what the Council desired and a crystal ball to
Mayor Wolfe so that he would be able to predict the future.
Item 5 Appointment and designation of Coppell's 1990 Woman of the Year.
Prior to consideration of this item, Mayor Wolfe stated that
numerous applications had been received both on this item and on
the following three Boards or Commission appointments. All
applicants were well qualified, however, only a limited number
could be appointed. Applicants for Boards and Commissions, who
were not selected, were encouraged to reapply at future dates.
Following discussion on this item, Councilman Robertson moved that
Linda Carter be selected as the city of Coppell's Woman of the
Year. Mayor Pro Tem Smothermon seconded the motion; motion carried
7-0 with Mayor Pro Tem Bill Smothermon and Councilmen Weaver,
Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the
motion.
Item 6 Appointment and swearing in of a Civil Engineer to the
Building and Standards Commission to fill the vacancy
created by the resignation of board member Jimmy Hensel.
Following discussion on this item, Councilman Morton moved that
Jim Kurtz be appointed as the Civil Engineer to fill the vacancy
on the Building and Standards Commission. Councilman Thomas
seconded the motion; motion carried 7-0 with Mayor Pro Tem Bill
Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson
and Nelson voting in favor of the motion.
Item 7 Appointment and swearing in of a civil Engineer to the
Code Advisory and Appeals Board to fill the vacancy
created by the resignation of board member Jimmy Hensel.
Following discussion, Mayor Pro Tem Smothermon moved that Jim Kurtz
be appointed to fill the vacancy on the Code Advisory and Appeals
Board. Councilman Morton seconded the motion; motion carried 7-
0 with Mayor Pro Tem Bill Smothermon and Councilmen Weaver, Thomas,
Morton, Cowman, Robertson and Nelson voting in favor of the motion.
Mayor Wolfe then asked Mr. Kurtz to come forward and Mr. Kurtz was
sworn in on the two separate boards.
Item 8 Recommendation and appointment of two new members to the
Planning and Zoning Commission to fill vacancies created
by one resignation and one Council election.
Following discussion on this item, Councilman Thomas moved that
Charles Cotten be appointed to fill the vacancy that will expire
in October, 1990 and Lanny Mayo be appointed to fill the vacancy
that will expire in October, 1991. Mayor Pro Tem Smothermon
seconded the motion; motion carried 7-0 with Mayor Pro Tem Bill
Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson
and Nelson voting in favor of the motion. These two applicants
will be sworn in at a later date.
Item 9 Presentation and explanation of the 1990 Coppell Noise
Monitoring Study and status report regarding D/FW Airport
expansion plans, by Jeffrey P. Fegan, Director of
Planning and Programming, D/FW Airport.
Mayor Wolfe announced that this item had been withdrawn and would
be considered at the June 12, 1990 City Counci~ meeting.
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Item 10 Approval of a Park Board recommendation accepting the
donation from the Coppell Rotary Club of a picnic
pavilion to be located at Andrew Brown Park in the amount
of $13,300.00.
Following discussion on this item, Councilman Morton moved that the
City accept $13,300.00 donation for the construction of a picnic
pavilion at Andrew Brown Park. Councilman Robertson seconded the
motion; motion carried 7-0 with Mayor Pro Tem Bill Smothermon and
Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson
voting in favor of the motion.
Item 11 Presentation and consideration of a request from Mr. Bart
Stafford, representing the Lakes of Coppell Homeowner's
Association, concerning the following two items:
A. The availability of cable television in the Lakes
of Coppell area
B. A compromise with the City on maintenance of the
medians on MacArthur north of Sandy Lake Road
Mayor Wolfe recognized Mr. Bart Stafford of 752 Ashford Drive and
Ms. Barbara George of 593 Lake Forest Drive. Ms. George and Mr.
Stafford presented a request to the Council concerning the
availability of cable television in their area, a compromise of
maintenance of medians, electricity to both sides of the bridge
located in the Lakes of Coppell area and assistance for payment of
water bills for the Association. Mayor Wolfe provided information
to the Homeowners Association in the form of a letter from Paragon
Cable Television that service would be available to this area
during the first or second week of July. Following discussion on
this item, Mayor Wolfe informed Mr. Stafford and Ms. George, as
well as other residents present, that Council would take a close
look at these requests during next years' budget presentation.
City Attorney Larry Jackson cautioned the Council as to possible
legal problems in providing some of the requested services. No
action was required on this item at this time.
Item 12 Consideration and denial of an Ordinance approving
increased rate schedules to be charged by Texas Utilities
Electric Company.
This item was withdrawn from the agenda as it was considered the
previous evening at a special called City Council meeting.
Item 13 Consideration of approval of a variance from Section 10-
5-3 B 1 of the City's Sign Ordinance which concerns the
maximum size for attached signs. The request is made by
Mr. Peter Balis for the Custom Cleaners, Inc., located
at 820 S. MacArthur #104
Chief Building Official Dale Jackson and applicant Peter Balis were
present to discuss this item with the Council. Mr. Jackson
informed the Council that the requested sign variance exceeds the
requirements by 27 square feet. Following discussion on this item,
Councilman Nelson moved that the variance be denied. Councilman
Morton seconded the motion; motion carried 7-0 with Mayor Pro Tem
Bill Smothermon and Councilmen Weaver, Thomas, Morton, Cowman,
Robertson and Nelson voting in favor of the motion.
Item 14 Consideration of a request from Don Beverlin, President
of Christ Our Savior Lutheran Church, located at 140
Heartz Road, to waive the landscape escrow requirement
as required by Section 33.3 1 of the City's Zoning
Ordinance. Mr. Beverlin is requesting the City waive the
escrow requirement for a period of 60 days.
Chief Building Official Dale Jackson was present to present this
item to the Council. Following discussion on this item, Councilman
Morton moved that the escrow fee be waived for a period of 60 days.
Councilman Thomas seconded the motion; motion carried 7-0 with
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0,}097
Mayor Pro Tem Bill Smothermon and Councilmen Weaver, Thomas,
Morton, Cowman, Robertson and Nelson voting in favor of the motion.
Item 15 Consideration of approval of a resolution for annexation
of property into the City of Coppell Utility District
(M.U.D.) requested by Centex Realty Corp. on property
located on the southeast corner of Thweatt Road and State
Road.
Deputy City Manager/Finance Director Frank Trando and Mr. Steve
Stolte representing Centex Realty Corporation were present to
discuss this item with the Council. Prior to a vote on this item,
Councilman Cowman had to leave the meeting. Following discussion,
Mayor Pro Tem Smothermon moved that Resolution 052290.1 be approved
with the condition being included that annexation into the MUD is
contingent upon no rebate fees being approved. Councilman Morton
seconded the motion; motion carried 5-1 with Mayor Pro Tem
Smothermon and Councilmen Thomas, Morton, Robertson and Nelson
voting in favor of the motion and Councilman Weaver voting against
the motion.
Item 16 Consideration of approval of a request from Norman
Wilkins, Mr. BBQ Express, to direct that charges pending
against him in Dallas County Court of Appeal #1 be
dropped.
This item was withdrawn at the request of the applicant.
Item 17 Consideration and approval of staff request for
authorization to utilize City equipment in Fourth of July
Parade and sponsor decorations.
Following discussion, Councilman Morton moved that City staff be
authorized to utilize City equipment for the Fourth of July Parade
and funds be approved in the amount of $87.50 from Account #01-
10-00-0424 to provide materials for the float. Mayor Pro Tem
Smothermon seconded the motion; motion carried 6-0 with Mayor Pro
Tem Bill Smothermon and Councilmen Weaver, Thomas, Morton,
Robertson and Nelson voting in favor of the motion.
Item 18 Consideration of "Animal Control Mutual Aid" with other
cities adjacent to Coppell to enhance service in
emergency situations.
Environmental Health Officer Linda Varonich was present to discuss
this item with the Council. Ms. Varonich stated that with only one
full-time animal control officer, meeting the City's expectations
of service is difficult to deliver, especially after hours and on
weekends. By endorsing a mutual aid agreement specific to animal
control improvements, this level of service can be realized.
Following discussion on this item, Councilman Morton moved that the
mutual aid agreement between the Cities of Coppell, Flower Mound
and Highland Village be approved and the City Manager authorized
to execute. Councilman Thomas seconded the motion; motion carried
6-0 with Mayor Pro Tem Bill Smothermon and Councilmen Weaver,
Thomas, Morton, Robertson and Nelson voting in favor of the motion.
Item 19 Consider approval of an ordinance designating a Records
Manager for the City of Coppell, defining City Records,
declaring City records as public property, designating
duties and responsibilities of the Records Manager and
Department Directors for the purpose of developing a
Records Management Program and authorizing the Mayor to
sign.
Following discussion on this item, Councilman Morton moved that
Ordinance 90475 designating City Secretary Dorothy Timmons as
Records Manager be approved. Mayor Pro Tem Smothermon seconded the
motion; motion carried 6-0 with Mayor Pro Tem Smothermon and
Councilmen Weaver, Thomas, Morton, Robertson and Nelson voting in
favor of the motion.
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000098
Item 20 Presentation by Ginn, Inc., Consulting Engineer,
regarding the status of the Village Parkway Storage Tank
and Pumping Facility requested by Councilman Nelson.
Consulting Engineer Wayne Ginn was present to discuss this item
with the Council. Mr. Ginn stated that the flushing of the lines
to the storage tank and pumping facility will begin within the next
few days with total completion of the project anticipated within
the next four weeks. No action was required on this item.
Item 21 Consideration of approval of an Ordinance changing the
speed limit on Denton Tap Road, from Beltline Road to
Denton Creek, to 40 miles per hour and authorizing the
Mayor to sign.
Consulting Engineer Wayne Ginn made the presentation to the
Council. Mr. Ginn informed the Council that the study performed
by Barton Aschman, Associates, Incorporated, recommended that the
speed limit not be lowered. Following discussion on this item,
Councilman Morton moved that this ordinance be denied. Mayor Pro
Tem Smothermon seconded the motion; motion carried 6-0 with Mayor
Pro Tem Bill Smothermon and Councilmen Weaver, Thomas, Morton,
Robertson and Nelson voting to deny the motion.
Item 22 Presentation by Mayor Wolfe of draft by Regional
Transportation Council for transportation needs by 2010.
Mayor Wolfe has been appointed to the Regional Transportation
Committee. This Committee is made up of all the cities in the
Metroplex. The goal of this Committee is to prepare a twenty-year
Mobility Study. This study involves many roads across the
Metroplex. The funding for this project will be approximately
$19.7 billion. The public hearing for this study will be held on
Thursday, June 14, 1990 at 9:30 a.m. at the Council of Governments
office in Arlington. No action was required.
Item 23 Mayor's Report
The following items were reported on during the Mayor's report:
Mayor Wolfe provided Council with the following information:
A. Maria Wagner, a reporter with the Metrocrest News, will be
leaving this new media. Tonight will be her last night to
cover Coppell City Council meetings.
B. The roast for former Mayor Pro Tem Dean Wilkerson will be held
on June 28, 1990 at St. Ann's Catholic Church at 7:00 p.m.
A steering committee has been formed to pull this roast
together.
C. The annual Mayor and Council seminar sponsored by the Texas
Municipal League will be held in Lubbock from June 29 to July
1. New council members as well as ones who may have not
attended previously were encouraged to look at attending this
meeting.
D. June 5 has previously been scheduled as a special meeting for
Council to continue prioritizing bond items. However, not
all members will be able to be present at this meeting.
Council members were requested to check their schedules for
June with a date for a June meeting being determined at the
joint City Council/School Board meeting to be held on May 24,
1990.
E. A total of nine citizens have contacted the Mayor requesting
to be placed on the task force for the recycling program which
will be discussed at the joint City Council/School Board
meeting.
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000099
F. A letter from Lanny Mayo, Chairman of the Board of
Adjustments, has been forwarded to the Council through the
Mayor requesting the Council's intent on the zoning ordinance
concerning side yard minimum distances required when a garage
is parallel to an alley. City Attorney Larry Jackson, then
informed Council that the proper authority for interpreting
the ordinance was the Board of Adjustments rather than the
Council.
G. The Historic District Committee has been made aware of the
possibility of purchasing a caboose which could possibly be "%
donated to the City. Councilman Nelson and Thomas will attend
a meeting of the Historic Committee next week and will bring
information back to the Council on the pros and cons of
accepting such a donation.
Councilman Morton reported on the following items:
H. He forwarded information on OSHA standards to the City
Manager. These standards and training would be required for
people within the city working in hazardous or toxic
situations.
I. He informed the Council that the office on Aging serviced
seventeen individuals during the month of April.
J. The Metrocrest Youth and Family Service has begun a First
Offender program in Coppell. Approximately four youths are
participating in the program at this time.
K. The Resource Conservation Council (RCC) of the North Central
Texas Council of Governments has provided information
concerning recycling, and computerized mapping that is
available for City use.
L. Councilman Thomas stated that he would like to express
appreciation to the Rotary Club for the donation of funds for
the construction of the pavilion in Brown Park.
Item 24 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 - There was no report at this time.
D. DALLAS CENTRAL APPRAISAL DISTRICT - Councilman Nelson informed
the Council preliminary appraisal figures had been sent to all
County/Cities with the 1990 figures for most cities being
slightly under those of 1989; however, Coppell's figures
should be a break even amount.
E. FINAMCE COMMITTEE - There was no report at this time.
F. LIBRARY BOARD - There was no report at this time.
G. MUD ABSORPTION COMMITTEE - There was no report at this time.
H. NCTCOG - There was no report at this time.
I. PARK BOARD - There was no report at this time.
J. SCHOOL BOARD - Councilman Robertson informed the Council that
a pre-agenda meeting had been held with the school and City
Council liaisons along with the city Manager and
superintendent to discuss the joint City Council/School Board
meeting to be held on Thursday, May 24, 1990.
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(,00100
K. TRANSPORTATION STUDY COMMITTEE - There was no report at this
time.
L. METROCREST RED RIBBON COMMITTEE - There was no report at this
time.
Item 25 Discussion and consideration of Mayoral appointments to
City Council standing committees and liaison
responsibilities.
Following discussion on this item, Councilman Morton moved that the
City Council Standing Committee and liaison members be appointed
as submitted by the Mayor Wolfe. Councilman Thomas seconded the
motion; motion carried 6-0 with Mayor Pro Tem Bill Smothermon and
Councilmen Weaver, Thomas, Morton, Robertson and Nelson voting in
favor of the motion.
Item 26 Consideration and appointment of a council member
designated to serve as liaison between the Office on
Aging and the City of Coppell.
Mayor Wolfe informed the Council that he would like to recommend
Councilman Morton to be appointed as the City's liaison between
the Office on Aging and the City of Coppell. Councilman Robertson
then moved that Councilman Tom Morton be appointed as the liaison
as recommended by the Mayor. Mayor Pro Tem Smothermon seconded the
motion; motion carried 6-0 with Mayor Pro Tem Smothermon and
Councilmen Weaver, Thomas, Morton, Robertson and Nelson voting in
favor of the motion.
Item 27 A. Rejection of bid for building materials for
concession stand/washroom facility at Andrew Brown
Park.
B. To consider an ordinance for Case #S-1045 to change
the zoning designation from (C) Commercial, to
(C.S.U.P.) Commercial Special Use Permit, on a
parcel of land located at 110 W. Sandy Lake Road,
Suite 106, and authorizing the Mayor to sign.
C. To consider an ordinance for Case #S-1047, to change
the zoning designation from (LI) Light Industrial,
to (L.I.S.U.P.) Light Industrial Special Use Permit,
on a parcel of land located at 820 S. MacArthur,
Suite 112, and authorizing the Mayor to sign.
D. To consider an ordinance for Case #ZC-526, to change
the zoning designation from (A) Agricultural, to
(C,HC,LI & MF-2) Commercial, Highway Commercial,
Light Industrial and Multi-Family-2 on a parcel of
land located at the northeast and southeast corner
of Denton Tap Road and Spur 533, and authorizing
the Mayor to sign.
E. To consider an ordinance for Case #PD-109, to change
the zoning designation from (LI) Light Industrial,
to (PD-SF-9) Planned Development Single-Family-9,
on a parcel of land located at the southeast corner
of Thweatt Road and State Road, and authorizing the
Mayor to sign.
F. To consider an ordinance for Case #S-1013A, to
change the zoning designation from (C) Commercial,
to (C.S.U.P.) Commercial Special Use Permit, on a
parcel of land located at the northwest corner of
Sandy Lake Road and Denton Tap Road, and authorizing
the Mayor to sign.
G. Consider approval of an ordinance formally adopting
the Mid-Year Budget and authorizing the Mayor to
sign. Page 7 of 8
000101
H. Consider adoption of a resolution in support of
federal legislation to allow local regulation of
cable television.
I. Consider adoption of a resolution in support of
federal legislation to allow local regulation of
cable television.
Director of Planning & Community Services, Gary Sieb, requested
that Item 27E be withdrawn. Councilman Morton then moved that the
Consent Agenda with the exception of Item E be approved with Item
B, C, D, & F carrying Ordinance numbers 297-A-73, 297-A-74, 297-
A-75 & 297-A-76 respectively , with Item G carrying Ordinance
#90476, with Item H carrying Ordinance #90477 and Item I carrying
Resolution #052290.2. Councilman Robertson seconded the motion;
motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen
Weaver, Thomas, Morton, Robertson and Nelson voting in favor of the
motion.
EXECUTIVE SESSION (Closed to the Public)
ES-1 A. Article 6252-17, Section 2 (e) and Senate Concurrent
Resolution Number 83, discussion with city Attorney
concerning matter involving privileged communications
between attorney and client.
1. Coppell/Grapevine boundary dispute
2. Johnny Thompson annexation question
3. Kaye Street Drainage
4. Mr. Bar-B-Q
5. Lomas & Nettleton Agreement
6. Huel Weaver Lawsuit
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
C. Article 6252-17, Section 2 (g), discussion concerning
personnel
1. City Manager
2. Mayoral appointments to city Council standing and
liaison committees and responsibilities
3. Board and Commission Appointments
a. Planning and Zoning
b. Building and Standards Commission
c. Code Advisory Appeals Board
4. Woman of the Year
Council convened back into Executive Session at 8:52 p.m., Tuesday,
May 22, 1990 as allowed under the above stated article. Mayor
Wolfe adjourned the Executive Session and opened the public session
at 9:25 p.m. on Tuesday, May 22, 1990.
REGULAR SESSION (Open to the Public)
There being no further business to come before the Council, the
meeting was adjourned.
Mark Wolfe, MaWr
ATTEST:
D~etary
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