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CM 1990-08-28 Minutes of August 28, 1990 The City Council of the City of Coppell met in regular called session on Tuesday, August 28, 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. 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. Lomas & Nettleton Agreement 5. Huel Weaver Lawsuit 6. 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 6:33 p.m. on Tuesday August 28, 1990 as allowed under the above stated articles and adjourned into Open Session at 6:59 p.m. EGU SE I N (Open to the Public) Councilman Morton gave the invocation. Mayor wolfe led those present in the Pledge of Allegiance. Item 3. Consideration of Approval of Minutes: August 14, 1990 Following discussion, Mayor Pro Tem Smothermon moved that the minutes of August 14, 1990 be approved. Councilman Morton seconded the motion; motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Robertson, Cowman and Nelson voting in favor of the motion. Item 4 citizens Appearances Mayor Wolfe introduced this item and stated that persons wishing to speak on a matter, which is not an item on the agenda, must sign the register located on a table outside the Council Chambers. Each speaker must state his or her name and address of residence. Presentations byindividuals during the "citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time Page 1 of 6 may be extended for an additional two (2) minutes with approval of a majority of the Council members present. There shall be a cumulative limit of twenty (20) minu~es allotted at any regular or special Council meeting. No one group or organization shall be allowed more than three speakers at this portion of the meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12 and City Ordinance 87377). Those persons speaking were: 1. Mr. Mike Roberts, 753 Sparrow - Mr. Roberts thanked the CounCil for adhering to the previous petition presented by this group of citizens in funding additional police officers for the upcoming year. 2. Miss Terry Hoffman, 144 Meadowglen - Miss Hoffman indicated she was representing the Lee PTA Elementary School and requested that an additional crosswalk at Samuel and Woodmoor be constructed for the safety of the children. She also requested that the school zone on Sandy Lake and Samuel Boulevard be removed as it was no longer needed and that a sidewalk be constructed on the south side of Woodmoor for children to use when walking to school. Item 5 Discussion and consideration of newspaper stands located at the intersection of Parkway Boulevard and Moore Road, as requested by Mayor Wolfe. Mayor Wolfe recognized Mr. Thomas E. Dillon, President of the Park Meadow II Homeowner's Association. Mr. Dillon expressed thanks to the Mayor and Councilman Weaver for their assistance in getting the newsstands at the Parkway Boulevard/Moore Road intersection removed, and requested that the Council look at this matter on a fuller scale throughout the entire City. Director of Planning and Community Services Gary Sieb provided information about how the City might be able to control newsstands throughout the City. Mayor Wolfe requested that Councilmen Morton and Robertson, as members of the Sign Subcommittee, look at this type of regulation throughout the entire City. No action was required on this item. Item 6 Discussion and consideration regarding the North Kaye Street Drainage and directing staff to take appropriate action. Acting City Engineer Shohre Daneshmand made the presentation to the Council. Ms. Daneshmand stated two options were feasible for consideration in solving drainage problems in the Kaye Street area: Option No. 1, which is recommended by Staff in the amount of $102,000. Option No. 2 as an alternative is in the amount of $79,000. Centex/Fox & Jacobs has committed to $30,000 cash plus engineering costs, estimated to be $10,000, towards the solution to this item. Following discussion on this item, Mayor Pro Tem Smothermon moved the Council to direct Staff to pursue Option No 1, that proceedings include coming back to Council with an agreement for drainage easement from all necessary landowners, assignment of right of subrogation from the landowners to the City, to pursue other sources of income from other parties that may be part of the situation, that Fox & Jacobs be responsible for $30,000 monetary contribution, for all engineering and all documentation for drainage easements. Councilman Weaver seconded the motion; motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Robertson, Cowman and Nelson voting in favor of the motion. Page 2 of 6 600. 58 Item 7 Consider approval of an amendment to the Economic Development Board Ordinance providing for two additional special members. Following discussion on this item, Councilman Morton moved that Ordinance No. 90480.1 be approved. Councilman Robertson seconded the motion; motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Robertson, Cowman and Nelson voting in favor of the motion. Item 8 Consideration and approval of a resolution granting the city of Coppell Municipal 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. City Manager Alan D. Ratliff introduced this item to the Council. Mr. Ratliff informed Council that they are required to authorize the MUD to annex any property if Council so chooses. Mr. Glen Hinckley, applicant, was also present and addressed the Council. Mr. Hinckley indicated that this area is part of an area that was previously thought to be in the MUD district and was later discovered that it was not. The land lies in the area that is north of the previously disputed Dallas/Denton County line. Following discussion on this item, Councilman Weaver moved that Resolution 082890.1 be approved as submitted. Councilman Morton seconded the motion; motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Robertson, cowman and Nelson voting in favor of the motion. Item 9 Discussion and consideration of adopting an ordinance creating a City Council subcommittee to study the City- Wide Storm Water Management Plan. Following discussion on this item, Councilman Morton moved that Ordinance 90482 appointing Councilman Weaver and Robertson as members to the City-Wide Storm Water Management Plan Subcommittee be approved. Councilman Robertson seconded the motion; motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Robertson, Cowman and Nelson voting in favor of the motion. Item 10 Resolution in support of the D/FW International Airport request to the State Highway Department to conduct feasibility studies relating to the D/FW East-West connector expressway. Director of Planning and Community Services Gary Sieb made the presentation to the Council. Mr. Sieb indicated that approval of this resolution would require no funding from the City and that Staff recommends approval. Following discussion, Mayor Pro Tem Smothermon moved that Resolution 082890.2 be approved. Councilman Morton seconded the motion; motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Robertson, Co%rman and Nelson voting in favor of the motion. Item 11 Mayor's Report The following items were reported under the Mayor's report: A) Mayor Wolfe reminded Council that the Board and Commission Reception is scheduled for September 10 at 6:00 p.m. which is the night before the City Council meeting. He stated that 45 applications have been received. B) Now that school has started again, the Student in Government Program has started also. Many of the schools are overflowing in Coppell I.S.D. with classes having an enrollment of 24 Page 3 of 6 students each, which last year had 16 students each. The Student in Government Program for the 5th Grade is scheduled for two dates: October 23 and November 13. These dates have been worked out for the intermediate schools. Mayor Wolfe reminded Council also of having lunch that day with the students. C) Mayor Wolfe discussed the donation of the pavilion at the Dark and the suggestion of putting a plaque for the Rotary Club. Also he discussed acknowledging Kevin Foster for his work regarding the pavilion. Hans Dietrich, President of the Rotary Club, is out of town, but will be back in town Friday. The Mayor asked Council for their consent of above mentioned plaque and suggested donations such as this should be given special recognition in this community. Council consensus was that the plaque would be provided. D) The Coppell Business Association meets next week, September 5, to vote whether to continue or dissolve and join the Chamber of Commerce in Coppell which already has over a 100 members. Mayor Wolfe talked with Jay Turner, President of Coppell Business Association and suggested recognizing the members of this Association for their efforts over the last few years. He suggested plaques for: Jay Turner Dr. Bill Stearman Nita Weger Lynn Brock Regina Johnson The Mayor also asked the Deputy City Manager/Finance Director Frank Trando if there were funds available for such plaques. Mr. Trando indicated that funds were available. It was the consensus of Council to provide these plaques. Also, the Mayor stated in tomorrow's paper will be an editorial on Coppell's budget. He stated that the City is looking at a tax increase for the first time in six years. E) Councilman Morton discussed a letter received from Waste Management regarding fuel increases and strongly urged the City Manager to hold down prices. Waste Management stated their fuel costs have increased 34% and they are asking the Council to declare an emergency and raise the rates by 4%. Fuel prices have been going down, and Councilman Morton would like the City to delay a decision on this matter. Councilman Morton also asked for Staff to clarify what Section 3, Paragraph 4 of the agreement with Texas Waste Management specifically states. Additionally, Councilman Morton requested that Staff determine what rights the City has and what constitutes an emergency. City Manager Alan Ratliff stated that this matter would be researched thoroughly before any action would be taken. F) Councilman Robertson requested information on the Shady Dale drainage situation. Acting Engineer Shohre Daneshmand stated the plats have been prepared and reviewed by City Staff with the construction documents being sent back to the consulting engineer for final preparation. Mr. Goram stated Mrs. Boorham is in the process now of executing the necessary papers. The City is still dealing with the Hinckley's on their easement. Item 12 City Council Liaison Reports A. ARCHITECTURkL 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. Page 4 of 6 · D. DALLAS CENTRAL APPRAISAL DISTRICT - Councilman Nelson stated appraisals may not be equitable among citizens in Coppell and he will follow-up with ~itlZ~h~on this matter between now and Christmas. E. FINANCE COMMITTEE - Councilman Smothermon thanked everyone for a successful budget retreat, especially Alan D. Ratliff, Frank Trando, Amy Crowley and the whole Finance Staff. He also indicated that the City will be looking at a 7 1/2 cent tax increase this year. F. LIBRARY BOARD - There was no report at this time. G. METROCREST RED RIBBON COMMITTEE - Councilman Cowman stated that he had lost touch with this committee, as Police Chief Neil McKinney has been attending the meetings. City Manager Alan D. Ratliff said Chief McKinney would give Councilman Cowman a full report. H. MUD ABSORPTION COMMITTEE - Councilman Nelson stated two contracts had been submitted that might make it through the MUD Board before the shut-off time. I. NCTCOG - There was no report at this time. J. PARK BOARD - There was no report at this time. K. RECYCLING COMMITTEE - Councilman Weaver stated that he had hoped to have a commitment from Waste Management for reimbursement of costs incurred by the City for out-of-pocket expenses for reproducing forms, minor postage and long- distance telephone calls. He indicated that he would pursue that commitment from them. He also asked for a consensus of Council on paying these expenses up front and receiving reimbursement from Texas Waste Management. It was the consensus of Council that up to $1,500 be approved for reimbursement. L. SCHOOL BOARD - There was no report at this time. M. PLANNING & ZONING STUDY COMMITTEE - Councilman Weaver stated that a lot of time had been spent studying the City's Zoning Ordinance and that the existing process had been reduced to a 71-day cycle time rather than the current 86- to 100-day cycle. A charter change may be required to implement all recommendations. N. PRIVATE CLUB ORDINANCE COMMITTEE - Mayor Pro Tem Smothermon stated this committee met last Tuesday and will meet again on September 6 in Council chambers. There were a total of seven citizens present, not counting Council members. This committee has developed a reference section in the library consisting of legal letters, court cases, legal opinions from various attorneys as well as ordinances from other cities. Consent Aaenda Item 13 A. Consideration and approval of the certification of the 1990 anticipated collection rate for the period of July 1, 1990 through June 30, 1991; and, the amount of excess debt collections during the period of July 1, 1989 through June 30, 1990. B. Consider approval of appointing Millie Larsen, Keith Roberson, Linda Carter and Melinda Surbaugh to a special study committee to determine the City's interest and need for a YMCA facility in Coppell, requested by Councilman Rob Robertson. Page 5 of 6 C. To consider a resolution approving the Dallas County Health Services Agreement for F.¥. 1990-91, in the amount of $2,155.00. D. Consideration of appointing a City Council Liaison to the Economic and Business development Board. Mayor Pro Tem Smothermon moved that the Consent Agenda be approved with Item 13 C carrying Resolution No. 082890.3 and with Councilman Morton being appointed as the liaison to the Economic and Business Development Board under Item D. Councilman Cowman seconded the motion; motion carried 7-0 with Mayor Pro Tem Smothermon and Councilman Weaver, Thomas, Morton, Cowman, 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. Lomas & Nettleton Agreement 5. Huel Weaver Lawsuit 6. 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 7:59 p.m. on Tuesday, August 28, 1990 as allowed under the above stated articles and adjourned into Open Session 8:21 p.m. R G (Open to the Public) There being no further business to come before the Council, the meeting was adjourned. Wolfe, ~or ATTEST: Dorothy Ti~o~, City Secretary a:082890 Page 6 of 6