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CM 1990-08-14 Minutes of August 14, 1990 The City Council of the City of Coppell met in regular called session on Tuesday, August 14, 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 Tom Morton, Councilman Ron Robertson, Councilman John A. Nelson, Councilman Councilmen David Thomas and Jim Cowman were not present. 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. Huel Weaver Lawsuit 7. Parks of Coppell Joint Venture contract 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. MacArthur Boulevard Right of Way C. Article 6252-17, Section 2 (g) discussion concerning personnel 1. Board of Adjustments Council convened in Executive Session at 6:31 p.m. on Tuesday, August 14, 1990 as allowed under the above stated articles and adjourned into Open Session at 7:00 p.m. REGULAR SESSION (Open to the Public) Councilman Nelson gave the invocation. Mayor Wolfe led the Pledge of Allegiance. Item 3 Consideration of approval of minutes: July 24, 1990 Following discussion, Mayor Pro Tem Smothermon moved that the minutes be approved as submitted. Councilman Morton seconded the motion; the motion carried 5-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Robertson and Nelson voting in favor of the motion. Item 4 Citizens Appearances Mayor Wolfe recognized the following citizens: 1. Mr. Robert Key, 204 Steamboat Mr. Key requested of the Council an opportunity to speak greater than the two minutes allocated under the Council procedures. It was the consensus of the Council that the speaker be allocated additional time. Mr. Key stated that he was representing the Coppell Baseball Page 1 of 9 Association and is requesting assistance from the Council in the form of funding and manpower to improve existing facilities located on school property. This request includes ground improvements to current sites, hydromulching, installation of adequate ~Watering facilities, pest control, movable risers, #2 Flex Base Stone for road repair and maintenance, and ongoing maintenance to include watering schedules, fertilizer programs, electricity payments, mowing needs and temporary toilet facilities. Total estimated amount for budget consideration is $60,000. 2. Mr. Bart Stafford, 752 Ashford - Mr. Stafford represented the Lakes of Coppell Homeowners Association. Mr. Stafford spoke concerning the 26 cent per $100 evaluation that is levied by the Homeowners Association for the maintenance of medians. Mr. Stafford indicated that it was the opinion of the Homeowners Association that the City should contribute towards the maintenance of these medians and requested funding in the upcoming budget for this item. 3. The final speaker was Mr. Mike Roberts, 753 Sparrow representing citizens of Northlake Woodlands. Mr. Roberts presented a petition to the Council signed by 130 residents in that area recommending and requesting that Police officers and Police equipment take priority in the upcoming budget presentation. Materials presented during this item concerning the budget will be forwarded to the Deputy city Manager/Finance Director to be included in the budget presentation. Item 5 Appointment of two additional members to the Coppell Historic Committee, Ms. Joy Onstatt and Ms. Wendy Webster. Director of Planning and Community Services Gary Sieb made this presentation to the Council. Mr. Sieb indicated that one of the applicants, Mrs. Joy Onstatt, does not live within the city and is therefore being requested to serve as an ad hoc member as opposed to an official voting member. Following discussion on this item, Councilman Morton moved that Wendy Webster be appointed as a member to the Coppell Historic Committee. Mayor Pro Tem Smothermon seconded the motion; the motion carried 5-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Robertson, and Nelson voting in favor of the motion. It was noted by the Mayor that Mrs. Joy Onstatt would be able to serve as an ad hoc member to this committee if she so desired. Item 6 Recognition of civic groups responsible for the City of Coppell identification sign along South Beltline Road, and discussion regarding a commemorative plaque recognizing the same. Following discussion on this item, Councilman Morton moved that the City allocate $108 for the purchase of an identification sign and plague to be placed on the sign at the entrance to the city of Coppell on south Beltline Road. Mayor Pro Tem Smothermon seconded the motion; the motion carried 5-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Robertson, and Nelson voting in favor of the motion. Item 7 A. Discussion and consideration of making the proposed logo available to interested citizens and parties. B. Discussion and consideration of authorizing the advertisement to receive bids for the proposed logo. Discussion was held by the Council concerning the use of the requested logo. It was indicated to the Council that the Page 2 of 9 individual groups that have expressed interest in this logo would be using the logo to identify that individual group as opposed to an identity with the City. Mr. Wayne McDonald of the Metrocrest Community Church was present tO~-e~s an interest in obtaining this logo. Following discussion on this item, Mayor Pro Tem Smothermon moved that the City staff be authorized to advertise for bids on the proposed logo. Councilman Morton seconded the motion; the motion carried 5-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Robertson, and Nelson voting in favor of the motion. Item 8 Consideration and discussion of a proposal for the Coppe!l video, to be presented by the Economic Development Board. Mr. Richard Johnson representing the Economic Development Board presented this item to the City Council. Mr. Johnson indicated that the Board is anticipating spending up to $5,000 to update the City's video to be used for viewing by prospective businesses and residents looking to locate within the City. The script of the updated video is from the viewpoint of letters that are being written by hypothetical new residents to family and friends in their previous town. It is anticipated that the video update would be completed by the end of September. Following discussion on this item, Councilman Morton moved that funding up to $5,000 be approved for the update of the video; Mayor Pro Tem Smothermon seconded the motion; the motion carried 5-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Robertson, and Nelson voting in favor of the motion. Item 9 Discussion and consideration to adopt an Ordinance awarding a bid for the issuance of City of Coppell, Texas, General Obligation Bonds, Series 1990, in the aggregate principal amount of $2,100,000.00 and enacting other provisions related thereto. Mr. Peter Tart of McCall, Parkhurst and representatives of First Southwest were present to discuss this item with the Council. The low bid for the sale of these bonds was from Bank One Dallas with an effective interest rate of 7.22385 per cent. Following discussion on this item, Mayor Pro Tem Smothermon moved that the City approve Ordinance 90480 awarding the bid to Bank One Dallas for the sale of 2.1 million general obligation bonds, Series 1990, and other related provisions. Councilman Morton seconded the motion; the motion carried 5-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Robertson, and Nelson vo%ing in favor of the motion. Item 10 Consideration and approval of a resolution granting the City of Coppell Utility District (MUD) approval to annex that portion of the proposed "Lake Park" development on the west side of MacArthur Boulevard and a smaller tract immediately across MacArthur Boulevard on the east side of MacArthur. Mayor Wolfe indicated that this item had been withdrawn at the request of the applicant. Item 11 Presentation and discussion of two (2) stop sign warrant studies conducted at intersections of Parkway Boulevard/Meadow Glen Circle and Parkway Boulevard/Meadow Run. Acting City Engineer Shohre Daneshmand made the presentation to the Council. Ms. Daneshmand indicated that the studies that had been done by City Staff showed that stop signs were not warranted at the two requested intersections. A letter has been mailed to Mr. Dave Page 3 of 9 Porter, President of the Meadows Homeowners Association, indicating the City's findings on the request for the stop signs. Mayor Wolfe informed Council that this item was for information only and no action is required. Compliments.were extended to staff members for the clear and concise presentation of this information. Additionally, Council was requested to reevaluate the need for stop signs on Mockingbird Road. This report would be prepared and come forward at a later date. Item 12 Consider approval of an ordinance establishing a Private Club Ordinance Committee. Following discussion on this item, Councilman Morton moved that Ordinance No. 90481 establishing a private club ordinance committee be approved. Councilman Nelson seconded the motion; the motion carried 5-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Robertson and Nelson voting in favor of the motion. Item 13 Consider accepting resignation of Flo McFadden Stably from the Private Club Ordinance Committee and confirm appointment of replacement member Gayle Porter. Following discussion on this item, Councilman Morton moved that the resignation of Flo McFadden Stably be accepted and that Gayle Porter be appointed to fill the vacancy. Mayor Pro Tem Smothermon seconded the motion; the motion carried 5-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Robertson and Nelson voting in favor of the motion. Item 14 Discussion and consideration of imposing the penalty clause, Section 29.15 of the Private Club Ordinance, for violation of failure to report timely financial information. Mayor Wolfe presented this item to the Council. He indicated that while the ordinance requires a quarterly report of sales to the City, the City is supposed to prepare and provide the forms to be used in the reporting process. Those forms are in the process of being prepared. Once the applicant was notified of non-compliance, he immediately responded with the requested reports. Following further discussion on this item, Councilman Morton moved that Gibb's Station be notified, in writing, that the Council has reviewed the possible violation of Section 29.15 and stated that no action will be taken. This violation will serve as a warning and that in the future Gibb's Station will be expected to respond in a timely manner to any reporting requirements as long as he is supplied in a timely manner a form from the City of Coppell. Any violation of that in the future will be subject to penalty. Councilman Weaver seconded the motion; motion carried 5-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Robertson and Nelson voting in favor of the motion. Item 15 Discussion and consideration of adopting an ordinance creating a City Council subcommittee to study the City- Wide Storm Water Management Plan. Acting City Engineer Shohre Daneshmand made the presentation to the Council. Ms. Daneshmand stated that the final document is anticipated to be submitted to the city Council by the first meeting in October with a proposed workshop to be scheduled sometime in September. Following discussion on this item, councilman Morton moved that an ordinance creating this committee be approved. Councilman Nelson seconded the motion. Following further discussion, the original motion was withdrawn. Councilman Morton then moved that this item be tabled until the August 28, 1990 City Council meeting for consideration. Councilman Nelson seconded the motion; the motion carried 5-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Robertson and Nelson voting in favor of the motion. Page 4 of 9 Item 16 Mayor's Report The following information was provided under the Mayor's report: A) Mayor Wolfe reminded Council that the Budget Workshop has been rescheduled to August 24 and 25 at 8:30 p.m. in the Rotary Room. B) Mayor Wolfe indicated that he would be meeting with Dr. Steve Gellman the following day to discuss the sign at the entrance to Coppell on south Beltline Road and the year-round planting of seasonal flowers. Dr. Gellman has indicated the annual cost to the City would be $1,700 to $2,400. The three clubs (Lions Club, Rotary Club & Exchange club) would prepare the beds for planting of the flowers and it was requested of staff to maintain the beds thereafter. Public Works Director Steve Goram indicated that City personnel would be able to provide maintenance as long as funds were budgeted. It was the consensus of the Council for the Mayor to proceed with this request. C) Mayor Wolfe indicated that he had received a letter from a citizen in the Lakes of Coppell complaining of the picnic table and grill that is placed, in his opinion, too close to his home. The citizen had researched deed records which he stated did indicate the need for the removal of the table and grill. The Park Board was asked to review this complaint to determine if it needed to be moved or left in its present location. D) Mayor Wolfe informed the Council that a live television forum would be held on Monday, August 20, 1990 at 7 p.m. on Paragon T.V., Channel 26, to discuss the liquor issue. Councilman Cowman has indicated that he would be in attendance at this forum. E) Mayor Wolfe stated that reporters from the Dallas Morning News would be in the City in the next several days to interview people for a Coppell 1990 special news item. F) Councilman Morton stated that he had attended the Metrocrest Mayor meeting on request of the Mayor. He requested that funding in the amount of $288 be provided in the upcoming budget for two people per month to attend this meeting. G) Councilman Morton also requested Staff check on a complaint from a resident at 400 Hawk to determine if there is a swamp, or standing water, located behind the residence. H) Councilman Weaver requested Staff to check into the possibility of a retaining wall that appears to be being constructed on City property on Meadowcreek. city Manager Alan Ratliff stated that staff is aware of this retaining wall and that action is pending against the City by the property owRer. I) Mayor Pro Tem Smothermon informed Council that the Riverchase development appears to be on its way to being worked out with the tax rate going down to approximately 25 cents per 100. The zoning by the City would need to be in place by October 1. Mayor Pro Tem Smothermon requested City Council consideration to expedite this process keeDin~ this deadline in mind. J) councilman Nelson stated that in previous years during his tenure as a Park Board member, the City had missed applying for federal grants due to deadline restrictions. He requested that staff look at the possibility of applying for grants in a timely fashion. City Manager Alan Ratliff informed Council that with the new Park Director coming on Board August 20, the Page 5 of 9 possibility of meeting these deadlines would be enhanced. However, this type of a program does take considerable staff time in order to monitor all of the federal requirements. Item 17 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 stated that the Historic Committee had met the previous evening and were contacting land owners in the area concerning their input for the historic district area. Bills in the amount of $295 from this committee will be coming forward for Council consideration in the near future. D. DALLAS CENTRAL APPRAISAL DISTRICT - There was no report at this time. E. FINANCE COMMITTEE - Mayor Pro Tem Smothermon again reminded Council of the upcoming budget meeting on August 24 and 25. He also indicated if Council was interested in submitting budget items, those need to be submitted at the earliest possible time. F. LIBRARY BOARD - Councilman Weaver indicated that the Library Board had met the previous evening with information being presented on a library site acquisition. Additionally, the Denton County Library Association meeting had been attended. Due to no citizens living in Denton County, funding from this area was denied. G. METROCREST RED RIBBON COMMITTEE - There was no report at this time. H. MUD ABSORPTION COMMITTEE - There was no report at this time. I. NCTCOG - Councilman Weaver attended the COG meeting on behalf of Liaison Tom Morton. The program, on Solid Waste Management, was very informative. Newspaper recycling was also discussed at this meeting. J. PARK BOARD - There was no report at this time. K. RECYCLING COMMITTEE - Councilman Weaver stated that the Recycling Committee is meeting on a weekly basis. Information from these meetings will be forwarded to the City Manager to be included in the weekly FYI packets to keep Council informed. L. SCHOOL BOARD - Councilman Robertson indicated that the School Board liaisons had met and representatives from both sides were present to work with studying the City's interest and need for a YMCA facility. The city representatives are as follows: Millie Larsen Keith Roberson Linda Carter Melinda Surbaugh Staff was requested to prepare a Consent Agenda item for consideration at the next Council meeting. Mayor Wolfe also requested that a Consent Agenda item be prepared for the August 28 meeting to appoint Councilman Morton as City Council liaison to the Economic and Development Board. Other groups reported on were the office on Aging, the Metrocrest Youth and the Planning and Zoning Study Committee. Page 6 of 9 18 A. To consider an ordinance for Case #S-1042, to change the zoning designation from (R) Retail and (C) Commercial, to (C-SUP) Commercial Special Use Permit, on a parcel of land, for the operation of a restaurant located at 135 S. Denton Tap Road, and authorizing the Mayor to sign. B. 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 near the southeast corner of Thweatt Road and State Road, and authorizing the Mayor to sign. C. To consider an ordinance for Case #ZC-512, to change the zoning designation form (A), (R), (MF), (O) and (LI) Agricultural, Retail, Multi-Family, office and Light Industrial, to (LI) and (HC) Light industrial and Highway Commercial, on a parcel of land located north of Denton Creek and west of Denton Tap Road, and authorizing the Mayor to sign. D. To consider an ordinance for Case #PD-112, to change the zoning designation from (TH-2) Townhouse-2, to (PD-SF- 0)Planned Development Single-Family-O, on a parcel of land located at the southwest corner of Parkway Boulevard and MacArthur Boulevard, and authorizing the Mayor to sign. E. To consider an ordinance for Case #S-1037.1, to change the zoning designation from (SF-12) Single-Family-12, to (SF-12, SUP) Single-Family-12 Special Use Permit, on a parcel of land located approximately 1000 feet north of the northeast corner of MacArthur Boulevard and Riverchase Drive, to allow the operation of a private club, and authorizing the Mayor to sign. F. To consider an ordinance for Case #S-1041, to change the zoning designation from (LI) Light Industrial to (LI-SUP) Light Industrial Special Use Permit, on a parcel of land located at the northwest corner of Coppell Road and Thweatt Road, for the operation of an electric substation, and authorizing the Mayor to sign. G. Consideration of waiving the $50.00 filing fee for the Code Advisory and Appeals Board to hear an appeal by the Coppell Independent School District. H. Consideration of a request for waiver of Section 9-7-1 A of the city's Code of Ordinances, by the Coppell Independent School District, regarding the placement of temporary metal buildings at the Coppell Middle School for the 1990-1991 school year. I. Consideration for awarding a bid for purchase of PC equipment and software to various firms for a total of $14,007.46. J. Notification of Final Payment in the amount of $110,747.40 to Preload Construction Company, Inc. and acceptance of the Village Parkway 4.0 MG Reservoir, including Change Orders No. 1 and No. 2 and Field Change No. 1. K. Consideration and approval to grant a credit to Minyards for water and sewer payments billed by and made to the City for consumption through meter #9130, in the amount of $15,421.57. Page 7 of 9 Council requested that Items 18 B, 18 G and 18 I be withdrawn for individual consideration. Mayor Pro Tem Smothermon then moved that Items 18 A, 18 C, 18 D, 18 E, 18 F, 18 H, 18 J, & 18 K be approved. Councilman Morton seconded the motion; the motion carried 5-0 with Mayor Pro Tem Smothermon, Councilmen, Weaver, Morton, Robertson and Nelson voting in favor of the motion. The following Ordinance numbers are assigned to ordinances listed under the consent agenda. Item 18 A, Ordinance No. 297-A-79, Item 18 C, Ordinance No. 297- A-81, Item 18 D, Ordinance No. 297-A-82, Item 18 E, Ordinance No. 297-A-83, Item 18 F, Ordinance No. 297-A-84. Councilman Morton then requested information on the Hike & Bike Plan not being included in the platting of Item 18 B. city Staff indicated that the Streetscape requirements of this platting were met; however, the Hike & Bike path had not been enforced in previous plats and was therefore not considered with this plat. Staff additionally indicated that the Park Board would be looking at the Hike & Bike trails throughout the entire city when the new Park Director comes on board. Councilman Weaver then stated that he had taken exception at the previous City Council meeting because he did not have a document of the final plat, with stipulations as agreed upon by the Council, for review. The document included in this packet was not legible; therefore, Councilman Weaver had requested and received a second document. As a result of reviewing the document, he had the following questions and problems with the plat: 1) One of the stipulations was that the developer would improve State Road from the south property line to Thweatt Road. Does that improvement include approximately $50,000 for a box culvert in that area? The developer, present in the audience, indicated that it did; 2) the drainage easements are not shown on the plat on some of the lots; 3) other problems include that the retaining wall easement required for common areas and maintenance agreed to by the Homeowner's Association are not shown on the plat; 4) Councilman Weaver indicated that he has a severe problem with the easement across Lot 52, Block A. The drainage study from Albert Halff & Associates gave a great deal of coverage to the ~'~ tributary in this area and shows a 120-foot cross-section coming across Lot 52 that is in the 100-year flood plain for which there is an easement that is not shown on the plat. The developer indicated that this lot is built around the drainage easement which would be shown on the final plat. Councilman Weaver reiterated his feeling that this plat had not been adequately reviewed by City staff because of problems still shown on the plat and requested that it be postponed for further review. Mayor Wolfe indicated that the item being considered tonight was an ordinance approving a zoning change on the property and was not a platting item, as that had been previously heard and approved by Council. One of the stipulations in that final plat was that all drainage issues had to be resolved to the satisfaction of the Public Works Department; therefore, they would be following up on those items previously expressed by Councilman Weaver. Following further discussion, Councilman Nelson moved that this ordinance, No. 297-A-80, be approved. Mayor Pro Tem Smothermon seconded the motion; the motion carried 4-1 with Mayor Pro Tem Smothermon and Councilmen Morton, Robertson and Nelson voting in favor of the motion and Councilman Weaver voting against the motion. Councilman Morton then stated that he had withdrawn Item 18 G in error and moved for its approval. Mayor Pro Tem Smothermon seconded the motion; the motion carried 5-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Robertson and Nelson voting in favor of the motion. Councilman Weaver requested information concerning the various sizes of PC'S for purchase by the City. Deputy city Manager/Finance Director Frank Trando indicated the Police Department was in need of a larger PC for use with some of their special programing. Following discussion on this item, Councilman Weaver moved that Item 18 I be approved with awarding the bid to Page 8 of 9 Micro Age Computer Store of Dallas, Entre Computer Center of Dallas, The Soft Source of Dallas, Computercraft of Dallas and Soft Warehouse of Dallas in a total amount of $14,007.46. Councilman Morton seconded the motion; th~ mo~i~n carried 5-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, 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 7. Parks of Coppell Joint Venture contract 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. MacArthur Boulevard Right of Way C. Article 6252-17, Section 2 (g) discussion concerning personnel 1. Board of Adjustments Council convened in Executive Session at 8:51 p.m. on Tuesday, August 14, 1990 as allowed under the above stated articles. Mayor Wolfe adjourned the Executive Session at 9:35 p.m. OPEN SESSION (Open to the Public) There being no further business to come before the Council, the meeting was adjourned. Mar~k Wolfe, M~r ATTEST: Dorothy Tim~oh~, City Secretary Page 9 of 9 600J53