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CM 1990-07-24 Minutes July 24, 1990 The City Council of the City of Coppell met in regular called session on Tuesday, July 24, 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 (late arrival) 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. 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. Muel Weaver Lawsuit 7. Riverchase 8. Parks of Coppell Joint Venture contract 9. Lesley suit 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 The City Council convened in Executive Session at 6:30 p.m. on Tuesday, July 24, 1990 as allowed under the above stated articles. Mayor Wolfe adjourned into Open Session at 7:00 p.m. Councilman Cowman arrived during the Executive Session. ]~ (Open to the Public) Mayor Pro Tem Smothermon gave the Invocation and Mayor Wolfe led the Pledge of Allegiance. Item 3 Consideration of Approval of Minutes: July 9, 1990 July 10, 1990 Mayor Pro Tem smothermon moved to approve the minutes as submitted. Councilman Morton seconded the motion; motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 4 citizens Appearances Mayor Wolfe recognized the following citizens: Mrs. Vanessa Chiapetto, 550 Village Green Drive, stated she was representing the Lakes of Coppell Homeowners Association and requested information on how to participate in the upcoming City budget hearings as well as information from the Council on cable availability in their neighborhood. Page i of 8 Item 5 Discussion, consideration and approval of resolutions supporting the following business establishments: A. Gaspar's B. American Gol~'C~U~s~(Riverchase) Mayor Wolfe made introductory statements on this item and indicated to persons present that prior to consideration of the two resolutions, citizens input would be allowed. Since the objection to the continuation of the liquor permit to Gibb's Station had been worked out, a resolution in support of this restaurant was not listed on tonight's agenda. Those citizens who had signed the ~-~ speaker registration list and spoke are as follows: Mr. David Sampsall of 315 Aspen Way Drive, Mrs. Flo McFadden Stahly of 703 Meadowlark, Dr. Bill Stearman of 504 S. Denton Tap Road, Mrs. Vicki Hart of 432 Parkview Place, Mrs. Karen Pearsall of 856 Bitternut, Mr. Tom Macejko of 555 Ranch Trail, Irving, Mrs. Valerie Hewett of 116 Mason Court, Mr. Randy Lockard of 760 Blue Jay, Father Rob Smith of Parkview Lane, Mrs. Janell Strauch of 555 Ranch Trail, Irving, Mrs. Mary Brunsdon of 228 Glenwood, Mr. Ed Sircy of 359 Harwell and Mrs. Debra Stantic of 425 Parkview Place. All citizens speaking expressed support of the two restaurants in the City and their desire to see the current private club ordinance changed so as to be more liberal. Following citizen participation on this item, Councilman Morton read a resolution in support of Gaspar's Restaurant into the record. Following this reading, Councilman Robertson moved that resolution, No. 072490.1, be approved. Councilman Nelson seconded the motion; motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Councilman Morton presented a copy of the resolution to Mrs. Stantic on behalf of the Council. Councilman Weaver then read a resolution in support of the American --~ Golf Course in Riverchase into the record. Following discussion on this item, Councilman Nelson moved that this resolution, No. 072490.2, be approved. Councilman Cowman seconded the motion; motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Councilman Weaver presented a copy of the resolution to Mr. Jeff Johnson, representing the American Golf Course-Riverchase. Item 6 Discussion and consideration of appointing a committee to review the City's Private Club Ordinance. Mayor Wolfe presented this item to the Council. He stated that this agenda item was before the Council to appoint a committee to review the Private Club Ordinance, the regulation that deals specifically with the restaurant liquor issue in our community. Although a compromise was established on this issue in 1986 many have felt the compromise was only temporary, because in reality the Private Club Ordinance that is still in place today, was and is one of the strictest ordinances in the Metroplex, and although it was accepted by various groups then, our community has made tremendous changes since that time. More than one out of every two citizens in Coppell today did not live here four years ago, and many of these new Coppellians have brought different perspectives with ~ them. There has been a growing tide for change. This Council has received nearly 30 letters in the last week from citizens requesting change, city Hall has received dozens of telephone calls requesting change. We have heard from citizens in the community and the message seems to be the same - it is time for a change. With this in mind, the Council, by acting on this motion, will create a committee to review our restaurant liquor issue. The committee will consist of eight citizens each appointed by one Councilman, two Planning and Zoning Commission members, and three Councilmen. This group will look at at least three options. Page 2 of 8 1) Recommend no change to the existing Private Club Ordinance. It is to be noted that because of the strictness of our existing ordinance, both City Council .approvals that we have hpd, mainly Gibb's Station and Rivercha~e~"h~d~'~O be done with variances. A recommendation for "no change" would result in the City's ability to continue with this option of granting variances with approvals, 2) Recommend changes to our Private Club ordinance with probable non-bonding referendum to the community. With this, we would still have an ordinance of some sort for our community and 3) Recommend repeal of our Private Club Ordinance, thereby operating under state guidelines for dry cities with probable non-bonding referendum to the citizens. Several of our neighboring cities operate their restaurants under this mechanism. This city would still be a dry community, but there would be leniency for our restaurants. There would still be private clubs with distances from church, school, etc., with a special use permit required for restaurants, and with restaurants located only in commercial, retail or industrial zoned areas of our community. There is great confusion as to what this community or City Council can or can not authorize on this issue. As previously stated, the committee to review the City's Private Club Ordinance will consist of three Council members, two Planning and Zoning members and eight citizens. Mayor Wolfe presented a proposed membership for the Committee as follows: Mayor Pro Tem Smothermon acting as Chairman for the Committee with Councilmen Weaver and Nelson serving as the remaining Council members; Commissioner Joe Munsch, from the Planning and Zoning Commission serving as Vice Chairman to the Committee with Bud Green being the second member from the Planning and Zoning Commission; Mr. Randy Brinson, Mr. Steve Cammack, Ms. Marca Hiller, Mr. Randy Lockard, Mr. Mark Rensmeyer, Mr. Ed Sircy, Mrs. Flo McFadden stably and Mrs. Diana Wilborn serving as the citizen representatives to this committee. Due to his absence at the previous meeting, Councilman Cowman expressed his feelings on the recent actions concerning the Private Club Ordinance and two restaurants within the city. Following further discussion on this item, Councilman Morton moved that the proposed committee be approved as submitted to review the Private Club Ordinance. Councilman Thomas seconded the motion; motion carried 6-1 with Mayor Pro Tem Smothermon and Councilmen Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion and Councilman Weaver voting against the motion. Item 7 Discussion and approval of Library Services Contract from Dallas County and authorizing the Mayor to sign. Library Director Judi Biggerstaff made the presentation to the Council and introduced Mrs. Traphene Hickman, Director of Libraries for the county system. Mrs. Hickman informed the council that due to the current population of the City of Coppell, this is the last year that Coppell will be eligible to receive county funds and participation in county services. Assistance to the City began in 1975 with 1,000 books being sent to Coppell at a cost of $5,000. Throughout the next 14 years, a total of 6,682 books were provided to the City at a total cost of over $70,000. Additionally, staff time of the county library department has been utilized in preparation of these books. This time would be picked up by the city in upcoming budget years. Council expressed their thanks to Mrs. Hickman and the county for their services rendered in the past. Following further discussion, Councilman Nelson moved that the contract with Dallas County Library Services be approved. Councilman Morton seconded the motion; motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, cowman, Robertson and Nelson voting in favor of the motion. Item 8 Discussion concerning Kaye Street Drainage Improvement. Acting city Engineer Shohre Daneshmand made the presentation to the Council. Ms. Daneshmand stated that this item is being brought Page 3 of 8 forward to provide Council with a status report. Two proposed alternatives are being presented for the north side of Kaye Street with one proposal being submitted for the south side. On the north side, the first alternative consists O~ installing pr? area drains in the backyards of the lots and~f6~tfng four-inch diameter drain line outfalling into the gutter of Plantation Drive. Estimated cost of this alternative is $66,000. The second alternative consists of installing pvc area drains in the backyards of the lots and routing a fifteen-inch and an eighteen-inch diameter outfall to the closest curb inlet located on Spanish Moss court. Estimated cost of this alternative is $85,000. The proposed alternative for the south side of Kaye Street is to install pvc area drains in the backyards of the 10ts and routing a ten-inch and a fifteen-inch diameter outfall pipe to the nearest curb inlet on Cooper Lane. Estimated cost of this system is $92,000. Citizens in the audience who wished to express opinions were Mr. Billy Glenn, 405 Kaye Street, who presented pictures of drainage problems that he was experiencing on Kaye Street. Mr. Glenn lives on the south side of Kaye Street. Also speaking were Mr. David Smith, 420 South Coppell Road, and Mrs. Anna O'Neill of 347 Spanish Moss. Mr. Smith indicated his frustration with standing water in his yard while Mrs. O'Neill stated she would like to see any drainage solutions being constructed underground rather than above ground. Council questioned if the proper drainage easements had been obtained on Spanish Moss. Staff's indication was that those easements had not as yet been obtained; however, it was anticipated that most citizens would donate the easement. Council requested that an agenda item be placed on the next city Council meeting for a comprehensive plan on obtaining easements and action to be taken in solving this problem. No further action was required of the Council on this item. Item 9 A. Consideration of a proposal from Ginn Inc. for professional services for the purpose of developing a water master plan for a cost not to exceed $15,000. Mr. Howard Pafford, Water Superintendent, made the presentation to the Council. Also present was Mr. Sanford Case, representing Ginn, Inc. Discussion was held by the Council concerning the wording in the proposed contract which stated that "all meetings with City Staff and/or Council are to be billed at the standard rate and not included in the above budget". Clarification on this matter indicated that this statement applied to any additional Council meetings after the report is submitted to the city Council. The estimated cost of any additional meetings is approximately $1,500 to $2,000. Following discussion on this item, Mayor Pro Tem Smothermon moved to approve Ginn Inc. for professional services for the purposes of developing a water system plan at a cost not to exceed $15,000.00. The "not to exceed figure" is to apply to all work up to, and including, the initial presentation of the plan to the Council. Councilman Weaver seconded the motion; motion carried 4-3 with Mayor Pro Tem Smothermon and Councilmen Weaver, Cowman and Nelson voting in favor of the motion and Councilmen Thomas, Morton and Robertson voting against the motion. B. Consideration of a proposal from Ginn Inc. for professional services for the purpose of developing a wastewater master plan for a cost not to exceed $40,000. Following discussion on this item, Mayor Pro Tem Smothermon moved to approve Ginn Inc. for professional services for the purpose of developing a wastewater master plan for an amount not to exceed $40,000, said amount to include all expenditures up to, and including, initial presentation of the plan to the Council. Councilman Weaver seconded the motion; motion carried 4-3 with Mayor Pro Tem Smothermon and Councilmen Weaver, Cowman and Nelson voting in favor of the motion and Councilmen Thomas, Morton and Robertson voting against the motion. Page 4 of 8 Item 10 Presentation and recommendation of a plan for the storm water management in the city of Coppell by Albert H. Halff and Associates,. Inc. Acting city Engineer Shohre Daneshmand made the presentation to the Council. Mrs. Daneshmand indicated that City staff has not yet completed review of this item. It is, therefore, staff's recommendation that approval of this item be postponed to the last meeting in October. Mr. Walter Skipwith, of Albert H. Halff, Associates, Inc. was also present to discuss this item with the Council. Following discussion on this item, Mayor Pro Tem Smothermon moved that action on Item 10 be deferred until the first meeting in October. Councilman Cowman seconded the motion; motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 11 Consideration of changing the regular City Council meeting of Tuesday, September 25, 1990 to Tuesday, September 18, 1990. Following discussion on this item, Councilman Morton moved that the second regular City Council meeting in September be changed to Tuesday, September 18, 1990. Councilman Robertson seconded the motion; motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 12 PUBLIC HEARING: Consideration of amendment to site plan for Case #PD-109 and clarification of the ordinance which would change the zoning designation from Light Industrial to (PD-SF-9) Planned Development Single Family-9, on land located near the southeast corner of Thweatt Road and State Road. Prior to consideration of this item, Council convened in Executive Session at 9:24 p.m. on Tuesday, July 24, 1990 and adjourned at 10:06 p.m. as allowed under Article 6252-17 Section 2 (e) and Senate Concurrent Resolution 83. After opening the meeting to the public, Mayor Wolfe informed those present that the public hearing on this item had been left open from the June 26, 1990 City Council meeting and had been tabled to tonight's date. Mayor Wolfe then asked for those persons who wished to speak against the proposed amendment; there were none. He then asked for those persons who wished to speak in favor of the proposed amendment; again, there were none. The public hearing was declared closed. Director of Planning and community Services Gary Sieb made the presentation to the City Council. Councilman Weaver requested that the city obtain results of aircraft noise tests that Council requested be conducted on June 8, 1990. Council questioned if any agreement had been obtained between the developer of the proposed zoning request and the cistercians. Staff indicated that no approval or agreement on the drainage had been worked out at this time. Following discussion on this item, Mayor Pro Tem Smothermon moved 1) that the amendment to site plan for Case PD- 109 be approved to PD-SF-9 with the stipulations that the cul-de- sac on Post Oak Drive and Bealle Lane be moved to the west to accommodate four more lots for a sub total of eight additional lots and a total of 146 lots in the development, 2) that all of the applicable items as stated in an attached list of 21 total items approved by the Planning and Zoning Commission be included with the exception of Item 2 and 21. A copy of these provisions is titled City Council Aaenda Items 12 and 13 - July 24. 1990, and is stamped as being forwarded to the Mayor and city Council on July 24, 1990. This list of 21 items is included as a permanent part of the zoning file in the Planning Department. The motion went on to state the following additional stipulations. They are as follows: 3) that the applicant will pave two lanes of State Road from the south property line to Thweatt Road and 4) that the screening wall along Page 5 of 8 State Road would be constructed and 5) that the potential purchasers be notified of the proximity of the D/FW Airport to this property. Councilman Morton seconded the motion. Following further discussion, Councilman MayO~ pro Tem Smothermon amended the motion on the fifth stipulation to read as follows; 5) that due to the proximity of D/FW Airport to the Oakbend subdivision, purchasers of homes shall be notified and required to sign an affidavit similar to the MUD notification required by state law; that this notification shall become a part of all executed earnest money contracts; that the notification shall contain, but not be limited to, that there may be occurrences of ambient aircraft noise due to aircraft overflights, which is due to the possible extension of D/FW Airport; and that an executed notification shall be supplied to each homebuyer at the time a contract is executed. Councilman Morton seconded the amendment; motion and amendment both carried 4-3 with Mayor Pro Tem Smothermon and Councilmen Morton, Robertson and Nelson voting in favor of the motion; and Councilmen Weaver, Thomas and Cowman voting against the motion. Item 13 Consider approval of a Final Plat and Concept Landscape Plan for the Oakbend Addition, located near the southeast corner of Thweatt Road and State Road, at the request of Centex Corporation. Following discussion on this item, Mayor Pro Tem Smothermon moved that the final plat and concept landscape plan for the Oakbend addition be approved subject to all zoning conditions reflected in Item 12 of this same Council meeting. Councilman Morton seconded the motion; motion carried 4-3 with Mayor Pro Tem Smothermon and Councilmen Morton, Robertson and Nelson voting in favor of the motion and Councilmen Weaver, Thomas and Cowman voting against the motion. Item 14 Mayor's Report The following items were reported under the Mayor's Report: A) Mayor Wolfe informed the Council that he, along with Mayor Pro Tem Smothermon, City Manager Alan D. Ratliff, and Deputy City Manager/Finance Director Frank Trando, would be traveling to New York on a bond rating trip. B) Mayor Wolfe also informed Councilthat the Metrocrest Chamber is in need of a definite count for the Toronto economic trip which is scheduled for September 22 through September 28. Council members were asked to contact Executive Secretary Sharon Taylor to confirm attendance at this meeting. C) Mayor Wolfe stated that Council has once again been contacted to consider decreasing the turnaround time for the platting process. Discussion was held by Council concerning a study committee already in place to address these concerns. Mayor Wolfe requested that if this committee does not show Councilman Weaver as Chairman of the committee that the change be made. D) Councilman Weaver informed the Council of the Recycling Committee's status and stated they are at the point of determining the type of surveys to determine the extent of the recycling project in Coppell. Councilman Weaver questioned what funds would be available and how to proceed in obtaining these funds. The three types of survey being considered are telephone, mall or professional. During discussion, it was determined that Councilman Weaver would contact Texas Waste Management to see if they would fund a mail survey to the citizens. E) Councilman Morton informed Council that he had attended a TML Legislative Policy Committee meeting on Community and Economic Development. At this meeting, discussion was held concerning the discontinuance of impact fees. Page 6 of 8 Item 15 Liaison Reports 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 Nelson indicated that the Historic District committee had held a meeting the previous night and had an expert on historic districts present to discuss Coppell's project with them. Planning Director Gary Sieb was commended for his assistance in obtaining this consultant. It was recommended that Grapevine Park should be a separate item from the remaining historic district and that the group focus their attention at the Coppell and Bethel Road intersections. D. DALLAS CENTRAL APPRAISAL DISTRICT There was no report at this time. E. FINANCE COMMITTEE - Mayor Pro Tem Smothermon reminded Council that they would receive their budgets for the upcoming fiscal year around August 5. 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 indicated that the representatives from the City and School Board would be meeting with the YMCA the following day. K. TRANSPORTATION STUDY COMMITTEE - Councilman cowman extended his thanks to Police Chief Neil McKinney for attending the Metrocrest Red Ribbon Committee meeting. Councilman Cowman also indicated he had received additional information on this Committee and would be forwarding it to the Police Chief. L. METROCREST RED RIBBON COMMITTEE - There was no report at this time. Items 16 and 20 were requested to be withdrawn from the Consent Agenda and considered separately. Item 16 A. Reconsideration of Resolution No. 052290.1 for annexation of property into the city of Coppell Utility District (M.U.D.) requested byCentex Realty Corporation on property located at the southeast corner of Thweatt Road and State Road as requested by Councilman Nelson. Mayor Pro Tem Smothermon moved that the City reconsider approval of Resolution 052290.1. Mayor Pro Tem Smothermon seconded the motion; motion carried 5-2 with Mayor Pro Tem Smothermon and Councilmen Thomas, Morton, Robertson and Nelson voting in favor of the motion and Councilmen Weaver and Cowman voting against the motion. B. Approval of a resolution for annexation of property into the city of Coppell Utility District (M.U.D.) requested by Centex Realty Corporation on property Page 7 of 8 located at the southeast corner of Thweatt Road and State Road as requested by Councilman Nelson. Following discussion on this item; d0uncilman Nelson moved that Resolution 072490.3 be approved. Councilman Morton seconded the motion; motion carried 4-3 with Mayor Pro Tem Smothermon and Councilmen Morton, Robertson and Nelson voting in favor of the motion and Councilmen Weaver, Thomas and Cowman voting against the motion. Item 17 Consideration for awarding of bid for purchase of Monitor Defibrillator to Physio-Control Corporation of Arlington, Texas for a total of $9,056.31. Item 18 Consideration for awarding of bid for purchase of parts for Radio Combiner to Communication Systems SDecialists for a total of $6,025.50. Item 19 Consideration for awarding of bid for Group Health, Dental and Life/AD&D Insurance Coverage. Mayor Pro Tem Smothermon moved that the remaining Consent Agenda, Item Numbers 17, 18 and 19 be approved. Councilman Morton seconded the motion; motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 20 Consideration of authorizing the expenditure of $350.00 for repairs on the property located at 209 Pinyon. Chief Building Official Dale Jackson made the presentation on Item 20 to the City Council. Mr. Jackson indicated that there was a delay in the time from the request for inspection and the actual inspection itself. The time frame for the delay was five (5) days with the typical response on inspections being one-half day. Following discussion on this item, Councilman Robertson moved that an expenditure for $350 for repairs on the property located at 209 Pinyon Lane be approved with a "No Liability Disclaimer Statement" to be drafted by the City Attorney and attached to the check. Councilman Morton seconded the motion; motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. There being no further business to come before the Council, the meeting was adjourned. Mar~ Wolfe, ~6r ATTEST: Dorothy T~6T~, City Secretary Page 8 of 8