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CM 1990-09-11 Minutes September 11, 1990 The City Council of the City of Coppell met in regular called session on Tuesday, September 11, 1990 at 6:30 p.m. for Executive Session and 7:00 p.m. for Open Session in the Council Chamber 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 Jim Cowman, Councilman Ron Robertson, Councilman John A. Nelson, Councilman Councilman David Thomas was 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. Lomas & Nettleton Agreement 5. 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 2. MacArthur Boulevard Right of Way 3. Agreement road participation 4. Coppell Skaggs Drainage C. Article 6252-17, Section 2 (g) discussion concerning personnel 1. Board and Commissions appointments The City Council convened in Executive Session at 6:34 p.m. on Tuesday, September 11, 1990 as allowed under the above stated articles. Mayor Wolfe adjourned into Open Session at 7:00 p.m. REGULAR SESSION (Open to the Public) Mayor Wolfe asked all present to stand while Councilman Morton led the Invocation. Following the Invocation, Mayor Wolfe led those present in the Pledge of Allegiance. Item 3 Consideration of Approval of Minutes: August 28, 1990 Mayor Pro Tem Smothermon moved that the minutes be approved as submitted. Councilman Morton seconded. Motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Cowman, Robertson, and Nelson voting in favor of the motion. Page 1 of 8 Item 4 citizen Appearances There were no citizens who wished to speak at this time. Item 5 Discussion and consideration of appointments to the City's Board and Commissions. The following motions were made to appoint the various Board and Commission Members: Councilman Cowman moved that Mr. Edward Sircy be appointed for a one year term as the American Red Cross Representative. Mayor Pro Tem Smothermon seconded. The motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Councilman Robertson moved that Mr. Thomas Sherrill be appointed to a two year term on the Animal Control Appeal Board. Councilman Morton seconded. The motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, cowman, Robertson and Nelson voting in favor of the motion. Mayor Pro Tem Smothermon moved that Mr. Carl Thompson and Mr. Don B. Featherson be appointed to two year terms as regular members of the Board of Adjustments, that Mr. Ronald Wensel be appointed to a one year term as a regular member of the Board of Adjustments, that Mr. Terry Long and Mr. Ronald Pankey be appointed to two terms as alternate members and Mr. Keith J. Roberson be appointed to a one year term as an Alternante member of the Board of Adjustment. Councilman Weaver seconded the motion. The motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Councilman Weaver moved that Mr. Charles Hyman be appointed as an Electrical Contractor, Mr. Bryce Penland be appointed as a General Contractor and Mr. Gregory Smith be appointed as a Mechanical Contractor, all for two year terms, to the Code Advisory and Appeal Board and, additionally, that Mr. John Thomason and Mr. Bryce Penland be appointed as regular members and Mr. Charles Hyman and Mr. Gregory Smith be appointed as alternate members to the Building and Standard Board. Mayor Pro Tem Smothermon seconded. The motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Councilman Morton moved that Mrs. Barbara Austin and Mr. William Rohloff be appointed to two year terms to the Economic and Development Board. Mayor Pro Tem Smothermon seconded. The motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Councilman Nelson moved that Mrs. Erin French, Mrs. Donna Marchant and Mrs. Melinda Surbaugh be appointed to two year terms to the Library Board. Councilman Robertson seconded. The motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Councilman Cowman moved that Mr. Michael H. Cooper, Mr. Jay Shirley and Mrs. Marca Hiller be appointed to two year terms to the Park Board. Councilman Morton seconded. The motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Councilman Robertson moved that Mr. Joe Munsch, Mr. George Redford and Mr. Charles Cotten be appointed to two year terms to the Planning and Zoning Commission. Councilman Weaver seconded. The motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 6 PUBLIC HEARING: To hear citizen input concerning the Fiscal Year 1990-91 Operating Budget. The Deputy city Manager/Finance Director Frank Trando made the presentation to the Council. Mr. Trando stated that the public hearing on the budget is being held this evening with final adoption coming at the next city Council meeting. Mayor Wolfe then Page 2 of 8 declared the Public Hearing open and asked for those persons who wished to speak for the proposed budget. There were none. Mayor Wolfe than asked for those p~!~(~Wh~ wished to speak against the proposed budget. Those persons speaking were Mrs. Barbara George representing the Lakes of Coppell Homeowners Association. Mrs. George indicated their disappointment at funds not being included in the budget for maintenance of medians in the Lakes of Coppell. The Public Hearing was then declared closed. No action was required on this item. Item 7 PUBLIC HEARING: To discuss consideration of setting the tax rate for Fiscal Year 1990-91 at $.0635 per $100.00. The Deputy City Manager/Finance Director Frank Trando made the presentation to the Council. Mr. Trando indicated to the Council that the tax rate is being proposed to be set at $.0635 per $100.00 valuation. Again, this item tonight is a Public Hearing open for citizen input with final adoption of the tax rate coming at the next City Council meeting. Mayor Wolfe declared the Public Hearing open and asked for the persons who wished to speak for the proposed tax rate. There were none. He then asked if there were persons who wished to speak against the proposed tax rate. Again, there were none. The Public Hearing was declared closed. No action was required on this item. Item 8 Discussion and consideration of adopting an ordinance granting the Texas Utilities Electric Company an electric light, heat and power franchise and repealing all previous ordinances of the city of Coppell, Texas, granting a franchise for such purpose. The City Manager Alan D. Ratliff made the introduction to the Council and stated that this request is for the renewal of an existing agreement. Staff does not recommend renewal because of the parity issue, the franchise percentage amount paid to all customer cities. Mr. Tom Parsons, representing TU Electric, was also present to discuss this item with the Council. Mr. Parsons indicated that the existing franchise was approved in 1956 and that State Law only requires a 2% gross receipt franchise; however, Texas Utilities began paying 3% in 1974 to all customer cities. The City of Dallas, who presently received a 4% franchise tax, was served by Dallas Power and Light during the previous years with a separate agreement being established designating the 4% amount. The current franchise agreement with Dallas expires in December, 1991. It is TU's intention to reduce that franchise amount to 3% once the franchise expires; however, should that fee not be used, the amount allocated to Dallas would also be paid to all other customer cities. Following lengthy discussion on this item, Councilman Morton moved that this item be postponed for 30 days to the October 9 City Council meeting. Councilman Nelson seconded. The vote was tied 3-3 with Councilmen Weaver, Morton and Nelson voting in favor of the motion and Mayor Pro Tem Smothermon and Councilmen cowman and Robertson voting against the motion. The motion carried 4-3 with Mayor Wolfe breaking the tie by voting in favor of the motion. Item 9 Discussion and consideration of naming the Anderson Road Pocket Park in accordance to Ordinance 89-455 Naming Park Lands and Facilities. Following discussion on this item, Councilman Morton moved that the park located off of Anderson Road in the Hunterwood subdivision be named Hunterwood Park. Councilman Robertson seconded. The motion carried 6-0 with Mayor Pro Tem Smothermon, Councilmen Weaver, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Page 3 of 8 600169 Item 10 Status Report on Coppel!/Skaggs Drainage Improvement Project and consideration ~f directing Staff to initiate condemnation proceedings to secure necessary drainage easements for construction. Acting City Engineer Shohre Daneshmand made the presentation to the Council. Ms. Daneshmand indicated that Staff is appearing before Council for authorization to proceed with acquiring the necessary dedication and easements for this drainage project. Mr. James --~ Dunn, 162 Shadydale, Coppell, Texas, spoke and requested if the easements would be required on the property just to the west of the Skaggs drainage area or would it be located to the east of their property. Staff indicated that all drainage easements would be on the Skaggs property. Time frame for completion of this drainage project is approximately 90 days. Following discussion, Mayor Pro Tem Smothermon moved that Staff be authorized to proceed with all means, up to and including condemnation, necessary to obtain easements for this drainage project. Councilman Morton seconded the motion. The motion carried 6-0 with Mayor Pro Tem Smothermon, Councilmen Weaver, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 11 Presentation of report to the City Council regarding Texas Waste Management's request for a 4% increase in rates for solid waste collection in reaction to increases in fuel prices. Public Works Director Steve Goram requested to Council that this item be postponed to the October 9, 1990 meeting, as it is not ready at the present time. Councilman Morton then moved that the item be postponed to the October 9, 1990 Council meeting. Councilman Nelson seconded. The motion carried 6-0 with Mayor Pro Tem Smothermon, Councilmen Weaver, Morton, Cowman, Robertson and Nelson voting in favor of the motion. ~-~ Item 12 PUBLIC HEARING: To consider approval of a zoning change from (C) Commercial to (C-S.U.P.) Commercial Special Use permit, Case #S-1049, for the operation of a grocery store, located approximately 488 feet west of Samuel Boulevard and Sandy Lake Road, at the request of Food Lion, represented by Mr. Rice Williams. Director of Planning & Community Services, Gary Sieb, made the presentation to the Council. Mr. Sieb indicated that the Planning and Zoning Commission recommended unanimous approval of this zoning change. Mr. Sieb indicated that the applicant has addressed typical concerns of building location, signage, landscaping, facade design as well as other site-specific items. Landscaping standards mandated by city ordinance are minimum standards. If the special use is granted, a more extensive landscape treatment would be recommended. Mr. Sieb indicated that the Staff does feel that, although the use is appropriate for Coppell, Staff's feeling is that the location is not, since there is already a vacant site just across Samuel Boulevard to the East. While it has been stated that this site, Georgetown, is structurally unsound, Staff cannot verify this statement. The applicant has indicated that the design of the Georgetown Center does not lend itself to their existing design. Mr. Rice Williams, representing Food Lion, was also present to ~ discuss this item with the Council. Mayor Wolfe declared the Public Hearinq oDen and asked for those Dersons who wished to speak against the proposed zoning change. There were none. Mayor Wolfe then asked for those persons who wished to speak in favor of the proposed zoning change. Those persons speaking were Mr. Neal Page 4 of 8 Surbaugh, Mr. Mike Allen, Mr. D. Robinson and Mr. David Doucette. The public hearing was then declared closed. Following discussion on this item, Councilman Robe~t~6~ed that the zoning change be approved with the temporary drive that is to be constructed from the grocery store East to Samuel Boulevard be of such a construction as to support fire apparatus and/or other heavy vehicular traffic. Councilman Nelson seconded. The motion carried 4-2, with Councilmen Morton, Cowman, Robertson and Nelson voting in favor of the motion and Mayor Pro Tem Smothermon and Councilman Weaver voting against the motion. Item 13 Consider approval of a preliminary plat for the Coppell Church of Christ, located approximately 443 feet north of the northwest corner of Sandy Lake Road and Samuel Boulevard, at the request of Coppell Church of Christ, Joe Fitch, Trustee. Director of Planning & Community Services, Gary Sieb, made this presentation to the Council. Mr. Gary Adams, representing the Coppell Church of Christ was also present to discuss this item with the Council. The Planning & Zoning Commission has recommended, by unanimous approval, this plan. Parking spaces required by city ordinance are exceeded by four spaces. The property is already zoned to allow for a church on the site. Drainage from the adjoining site through the church to the east was discussed by Council. Following discussion on this item, Councilman Morton moved that the preliminary plat for the Coppell Church of Christ by approved with the stipulation that all drainage problems be addressed and resolved to the satisfaction of City Staff and City Council. Councilman Weaver seconded. The motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, cowman, Robertson and Nelson voting in favor of the motion. Item 14 Discussion and consideration of a proposal which would amend the subdivision ordinance and allow the City of Coppell to enter into a contract with the developer of property to secure their paving easement and/or commitment by establishment of a lien against their property in lieu of escrowing funds. city Manager Alan D. Ratliff made a presentation to the Council. Mr. Ratliff indicated that City Staff have been working with an economic development prospect who is requesting relief from escrow funds required for requirements of major roadways adjacent to his development. The prospective client did not want to tie up funds since it will most likely be several years before the roadway is constructed. Staff is looking for Council direction prior to proceeding. City Attorney representative, Bruce Stockard, indicated to Council that they could add language to the agreement to do an assessment program as an option. It was the consensus of the Council to proceed with this project and come forward for final consideration. No other action was required. Item 15 Mayor's Report Mayor Wolfe reported on the following items: A) A report on the airport expansion project has been scheduled for the September 18, 1990 City Council meeting. B) The hearing on the DFW Airport expansion has been set for September 24, 1990 at the Grapevine Convention Center. c) The economic trip to Toronto will be September 22, 1990 through Septem]~er 28, 1990. Page 5 of 8 .... 1300171 D) Councilman Nelson stated that Mrs. Lindy Thomas, Chairwoman of the Historic Committee is requesting Council's feelings on the widening of Bethel Road through what will be the historic district. Discussion has been held previously concerning either a two lane or a four lane roadway. It was the consensus of Council that they would rely heavily on traffic reports for the number of lanes to be ultimately developed; however, it is anticipated that two lanes would be built at this point, with right of way available for four lanes should it be needed. This item was tabled at a previous meeting. Director of Public Works, Steve Goram, indicated that he would bring the two areas that were discussed back for Council review. E) Mayor Wolfe informed Council that the installation of the traffic light at Denton Tap and Bethel Road will be coming before the Council at the October 9, 1990 City Council meeting. F) Mayor Wolfe also informed Council that the property owner at the corner of Bethel School and Moore Road has had a change of mind as far as cooperating with the City in the moving of the fence at this location. G) Mayor Wolfe read a letter to the City Council from Mr. Bruce Stockard of the City Attorney's office concerning Robert's Rules of Orders and tabling of items. It is the recommendation of City Attorney's office that a motion to table should not be accompanied by a specific date. If a date is used, the motion should be to postpone that item. Mayor Wolfe requested that Council adhere to these recommendations in future motions. H) Councilman Robertson requested a status report on the entrance/exit at the Skaggs Shopping Center at the north end of the Skaggs Shopping Center where the Goodyear Store is located. I) Councilman Morton requested that Staff look at the intersection of Denton Tap and Sandy Lake Road for possible safety reasons. Earlier in the day, Councilman Morton stated that two accidents had occurred both north-bound, one north of the intersection and one south of the intersection. J) Councilman Weaver expressed concern about there being adequate time for the council to study the airport expansion report and having adequate hearing due to the length of the upcoming agenda. K) Councilman Weaver expressed appreciation for the excellent reception held the previous evening for the Board and Commission members and asked that Staff be so advised. Item 16 City Council Liaison Reports A) ARCHITECTURAL REVIEW COMMITTEE - There was no report at this time. B) CHAMBER OF COMMERCE Mayor Wolfe reported for Councilman Cowman that the next Chamber of Commerce meeting on September 19, 1990 will be a tour through the Bulk Mail Facility. c) COPPELL HISTORIC DISTRICT - There was no report at this time. Page 6 of 8 D) DCAD - There was no report at this time. E) FINANCE COMMITTEE - counoilman Smothermon informed Council that an annual budget is now being finalized and that the Private Club Ordinance Committee will be meeting the following Wednesday in anticipation of a Public Hearing and report in October. F) LIBRARY BOARD - Councilman Weaver indicated that the Library Board did meet the previous week and that consideration was being given for the Board to attain additional funding. G) METROCREST RED RIBBON COMMITTEE - Councilman cowman indicated that the Red Ribbon Committee would be meeting the following Wednesday and asked that Staff have a representative present due to his being unable to attend. H) MUD ABSORPTION COMMITTEE - Councilman Nelson indicated that the MUD Board had met and annexed the Lake Park Project and that no action had been taken on Project agreements. I) NCTCOG - There was no report at this time. J) PARK BOARD - Councilman Robertson indicated that the YMCA Committee would be meeting the coming Wednesday. K) RECYCLING COMMITTEE - Councilman Weaver stated that the Recycling Committee is in the process of doing a telephone survey with the intention of presenting an item at the first meeting in October to the city Council. L) SCHOOL BOARD - There was no report at this time. M) ECONOMIC DEVELOPMENT BOARD - Councilman Morton stated that the Economic Development Board had met the previous week. This Board is getting ready to do a community profile in the near future. Councilman Morton also indicated he would like for Council to look at increased funding for this Committee at the mid year budget. Consent Agenda Item 17 A. Consideration and approval of the proposed Lewisville Agreed Judgment. B. Discussion and consideration of approving a policy for criteria for school zone traffic control and directing staff to prepare an ordinance for Council consideration. C. Consideration of rejecting all bids for purchase of On-Line-Interactive Police Computer System. D. Consideration of awarding of bid for sale of proposed City Logo for sum of $210.00. E. Consideration of rejecting all bids received for purchase of Fire Fighter Boots. Councilman Morton moved that the Consent Agenda be approved. Councilman Nelson seconded. The motion carried 6-0 with Mayor Pro Tem Smothermon, Councilmen Weaver, Morton, Cowman, Robertson and Nelson voting for the motion. Page 7 of 8 6001 73 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 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 3. Agreement road participation 4. Coppell Skaggs Drainage C. Article 6252-17, Section 2 (g) discussion concerning personnel 1. Board and Commissions appointments The Council convened into Executive Session at 9:12 p.m. on Tuesday, September 11, 1990 as allowed under the above stated articles. Mayor Wolfe adjourned the Executive Session and opened the public session at 10:01 p.m. There being no further business to come before the Council, the meeting was adjourned. Mark Wolfe, M~r ATTEST: ~n~, City Secretary