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CM 1990-09-18 Minutes September 18, 1990 The City Council of the City of Coppe11 met in regular called session on Tuesday, September 18, 1990 at 6:33 p.m. for Executive Session and 6:56 p.m. for Open Session in the Council Chambers of Town Center 255 Parkway Boulevard, Coppe11, Texas. The following members were present: Mark Wolfe, Mayor Bill Smothermon, Mayor Pro Tem Peyton Weaver, Councilman Tom Morton, Councilman Jim Cowman, Councilman (late arrival) Ron Roberteon, 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) 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/MacArthur Boulevard Right of Way 5. Huel Weaver Lawsuit 6. Parks of Coppell District 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. Connell Skaggs Drainage 3. Acquiring R.O.W.-Northlake Nursery & Landscaping The City Council convened in Executive Session at 6:33 p.m. on Tuesday, September 18, 1990 as allowed under the above stated articles. Mayor Wolfe adjourned into open Session at 6:56 p.m. Councilman Cowman arrived during the Executive Session. REGULAR SESSION (Open to the Public) Item 1/Item 2 Mayor Wolfe asked those present to stand while Councilman Cowman led the invocation. Mayor Wolfe led the Pledge of Allegiance. Item 3 Citizens Appearances. There were no citizens who wished to speak at this time Item 4 Swearing in of new members to the City's Boards, Commissions and American Red Cross Community Chairperson. Page i of 9 The following Board and Commission members were present to be sworn in: American Red Cross Representative Ed Sircy Animal Control Appeal Board Thomas Sherrill Board of Adjustments Carl Thompson Don B. Featherston Ronald Wensel Terry Long Ronald Pankey (Alternate Member) Building and Standards Commission John A. Thomason Charley Hyman (Alternate Member) Code Advisory and Appeal Board Charles Hyman Economic Development Board Barbara Austin William Rohloff Library Board Erin French Donna Marchant Melinda Surbaugh Park Board Michael H. Cooper Jay Shirley Marca Hiller Planning and Zoning Commission George Redford Charles Cotten Mayor Wolfe presented to administer the oath of office to the above stated members. Those board members who were not present to be sworn in were: Mr. Keith J. Roberson, Alternate member of the Board of Adjustments; Mr. Bryce Penland, regular member of the Building and Standards Commission and Code Advisory and Appeal Boards; Mr. Gregory Smith, Alternate member of the Building and Standards Commission and Regular member of the Code Advisory Appeal Board; and Mr. Joe Munsch, Planning and Zoning Commission member. The aforementioned members will be sworn in at a later date. Mayor Wolfe informed newly appointed board members that the City Attorney will be visiting with the various boards and commissions for an in- depth orientation. No further action was required on this item. Item 5 Presentation to Flo McFadden-Stahly in recognition of her service and contribution to the community - requested by Mayor Wolfe. Mayor Wolfe requested Flo McFadden-Stahly to come forward and be presented with a Proclamation in appreciation and recognition of her outstanding work and leadership in the City of CoPpell. She served as the first President of the Coppell Chamber of Commerce and has resigned due to a relooation of her family to another state. Councilman Weaver moved that a Proclamation proclaiming Flo McFadden-Stahly Appreciation Day be approved. 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. Mrs. Stahly expressed appreciation to the City and to all the volunteers who had contributed time and energy in service to the city. Item 6 Discussion and consideration of a resolution of the city of Coppell, Texas denying the operation of proposed schedule of rates filed by the Texas-New Mexico Power Company on April 11, 1990 and suspended by the City Council for ninety (90) days from May 18, 1990. Page 2 of 9 Following discussion on this item, Mayor Pro Tem Smothermon moved that Resolution 091890.1, denying the rate increase request of Texas-New Mexico Power Company be approved. Council Morton seconded. The motion denying the rate request was carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 7 Consideration of approval of an ordinance setting the tax rate for Fiscal Year 1990-91 at $.635 per $100 and authorizing the Mayor to sign. Following discussion on this item, Councilman Morton moved that Ordinance 90483, setting the tax rate at $.635 per $100 evaluation, be approved and the Mayor authorized to sign. 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. Item 8 Consideration of approval of an ordinance adopting the budget for Fiscal Year 1990-91 and authorizing the Mayor to sign. Following discussion on this item, Councilman Nelson moved that Ordinance 90484, adopting a budget for the 1990-91 Fiscal Year, be approved and the Mayor authorized to sign. There were no amendments to this ordinance. Councilman Robertson 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. Item 9 Consideration of an ordinance adopting the new Fee Schedule for the City of Coppell and an effective date of October 1, 1990 and authorizing the Mayor to sign. Following discussion on this item, Councilman Robertson moved that Ordinance 90485, establishing certain fees in the City, be approved. 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. Item 10 Consideration of an ordinance adopting the 1990 National Electrical Code with Amendments and an effective date of October 1, 1990 and authorizing the Mayor to sign. Following discussion on this item, Councilman Morton moved that Ordinance 90486, with the amendments as recommended, be approved with an effective date of October 1, 1990. 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. Item 11 Discussion and consideration of the consultants~ findings regarding the DFW Draft Environmental Impact Statement and designation of the Mayor and/or City Council member(s) to present the City of Coppell~s official position and statement at the September 24 public hearing regarding proposed runways 16/34 East and 16/34 West. The Director of Planning and Community Services Gary Sieb made the presentation to the City Council. Mr. Sieb introduced Mr. Kyle Datson of Maxim Engineers, Inc., who was also present to discuss the results of the EIS review with the City. Mr. Datson stated that the study was sub-contracted out to Pelton Marsh Kinsello, who has recommended that the City of Coppell (1) utilize audio/video demonstrations to illustrate impact of aircraft noise at designated community locations; (2) establish what peak noise levels are Page 3 of 9 acceptable; (3) identify if soundproofing is possible to achieve adequate noise reductions at the most sensitive looations; and (4) identify how far east of the flight track residents might require soundproofing. Additionally, Pelton Marsh Kinsello recommended that the City of Coppell request (1) a description of how peak noise levels will affect sleep and speech communication at specific locations; (2) locations of 60 and 65 Ldn contours~ (3) complete copy of INM computer input; and (4) hourly flight forecasts on runway 16/34 E. No action was taken on this preliminary report at this time. Item 12 'Approval of settlement of the condemnation case with Mr. Kimbrel to acquire right-of-way for MacArthur Boulevard and approval of an agreement with Lomas Realty U.S.A. to reimburse City for all cost expended by the City in settling the case and acquiring the necessary right-of- way. City Manager Alan D. Ratliff made the presentation to the Council. Mr. Ratliff indicated that this is the final piece of right-of-way that is needed to finish construction of MacArthur into the Vista Ridge project. Since the cost of the right-of-way exceeded the amount approved, that amount which is to be reimbursed by Lomas Realty Corporation, Staff felt that this item should be brought back for Council approval. Following discussion on this item, Councilman Morton moved that the expenditure of $105,000 for the purchase of right-of-way expenditure be approved and the acceptance of reimbursement from Lomas & Nettleton in the same amount be acknowledged. 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. Item 13 To consider approval of a zoning change, Case #PPD-113, from (SF-12) Single-Family-12 to (PD-SF-9) Planned Development Single-Family-9, located north of Sandy Lake Road; along and adjacent to Lodge Road, at the request of Mr. Ron Fraze, International Gateway. Director of Planning and Community Services Gary Sieb made the presentation to the Council. The Planning and Zoning Commission has recommended unanimous approval of this zoning change with conditions. Mr. Ron Fraze, representing the applicant, was also present to discuss this item. Mayor Wolfe declared the Public Hearing open and asked for those persons who wished to speak in favor of the proposed zoning change. There were none. He then asked for those persons who wished to speak against the proposed zoning change. Again, there were none. Mayor Wolfe declared the Public Hearing closed. Following discussion, Councilman Nelson moved that the zoning change be approved as submitted. Councilman Weaver seconded. The motion carried 5-1 with Mayor Pro Tem Smothermon and Councilmen Weaver, Cowman, Robertson and Nelson voting in favor of the motion and Councilman Morton voting against the motion. Item 14 To consider approval of a zoning change from (0) Office, (R) Retail, (MF-1) Multi-Family-I, (MF-2) Multi-Family 2,and (SF-0) Single-Family-O, to (MF-2) Multi-Family-2, to (SF-7) Single-Family-7 and (SF-9) Single-Family-9, located east of MacArthur Boulevard and north of Beltline Road (commonly referred to as the "Riverchase Development"), at the request of Mr. Bill Thompson. Prior to disoussion on this item, Mayor Pro Tem Smothermon asked to be excused due to a conflict of interest on this item. An Affidavit stating this conflict of interest has previously been Page 4 of 9 filed with the City Secretary's office. Director of Planning and Community Services Gary Sieb made the presentation to the Council. Mr. Sieb indicated it is Staff's recommendation that the Commitment letter presented by a previous developer in 1985 be honored, specifically items # 1, 4 and 5 from that letter. Mr. Nathan Maier, representing Mr. Bill Thompson, was also present to discuss this item with the Council. Mr. Maier indicated that the applicant is requesting that tract i be denied without prejudice due to a zoning change which will be submitted to the city the following day. Mr. Maier also stated that the Flood Control District will maintain all the lakes, the swells, the green belt areas and any drainage problems, with the tax rate being set at a non-adjustable rate of $.029 per $100 valuation. The average house cost will be cost will be approximately $250,000+. Mayor Wolfe declared the public hearing open and asked for those persons who wished to speak against the proposed zoning change. There were none. He then asked for those persons who wished to speak in favor of the proposed zoning change. Again, there were none. The public hearing was then declared closed. Following discussion by the Council, Councilman Cowman moved that the zoning change be approved as requested, with items 1, 4 and 5 of the original 1985 document being honored, and that tract #1 be denied without prejudice. Councilman Robertson seconded. The motion carried 5-0 with Councilmen Weaver, Morton, Cowman, Robertson and Nelson voting in favor of the motion, with Mayor Pro Tem Smothermon having been excused from voting due to a conflict of interest, as earlier stated. Mayor Pro Tem Smothermon rejoined the Council at this point. Item 15 To consider approval of a zoning change, Case #ZC-528, from (2F-9) Two Family-9 to (SF-7) Single-Family-7, located along the east side of Coppell Road, approximately 1/4 mile south of Sandy Lake Road, at the request of G. Development Company. Director of Planning and Community Services Gary Sieb made the presentation to the Council. Mr. Sieb informed Council that the applicant is not required to request a zoning change, as the type of development that is proposed could be built on the 2F-9 zoning under current ordinances. However, the applicant is requesting zoning to SF-7 to assure the city that the final product will be as indicated. The total housing would drop approximately 1/2 of what could be developed under current zoning regulations. Mr. Dennis Jerkey, Mr. Brad Myer and Mr. Steve G were also present to discuss this item with the Council. Mr. Jerkey indicated that the average lot size would 8,500 square feet and that the applicant is offering to do landscaping along Coppell Road with a divided entrance from Coppe11 Road into the subdivision. Mayor Wolfe declared the public hearing open and asked for those persons who wished to speak against the proposed zoning change. Those persons speaking were as follows: Mr. Max Lindsay, 222 Hillcrest Loop; Mrs. Barbara Schmidt, 125 Whispering Hills; Mrs. Barbara Bailey, 232 Plantation; Mrs. Jeanne Strange, 129 Whispering Hills; Mr. John Larsen, 100 Fieldcrest Loop; Mr. Joe Lavoro, 202 Richmond Court; Mr. Richard Alderete, 149 Whispering Hills; Mrs. Pat Thompson, 140 Fieldcrest Loop; Mr. Bob Kryzak, 137 Whispering Hills; and Mr. Monty Bailey, 206 Richmond Court. The citizens speaking against generally were opposed due to possible drainage problems, increased traffic, lowering of home values and density of housing. Mayor Wolfe then asked for those persons who wished to speak in favor of the proposed zoning change. There were none. The public hearing was then declared closed. Following a lengthy discussion of this item, Councilman Morton moved that action on this item be postponed to the October 9, 1990 City Council meeting with a request to the applicant to meet with the citizens and work with Staff on a possible compromise for this development area. Councilman Robertson seconded the motion, which carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Page 5 of 9 6O0179 Item 16 To consider approval of a replat of lots 3 and 4 of Carter Addition, located at 501 and 509 Christi Lane, at the request of Mr. Scotty Nicholson. Director of Planning and Community Services Gary Sieb made the presentation to the Council. Following the presentation, Mayor Wolfe declared the public hearing open and asked for those persons who wished to speak against the proposed change. There were none. He then asked for those persons who wished to speak in favor of the proposed change. Again, there were none. The public hearing was declared closed. Following discussion on this item, Mayor Pro Tem Smothermon moved that the replat be denied. Councilman Morton seconded. The motion to deny the replat was carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 17 To consider approval of a replat of Channell Ponte Addition, located at the southwest corner of Parkway Boulevard and MacArthur Boulevard, at the request of Mr. Larry Taylor. Director of Planning and Community Services Gary Sieb made the presentation to the Council. Following the presentation, Mayor Wolfe declared the public hearing open. Me then asked for those persons who wished against the proposed replat. There were none. Mayor Wolfe then asked for those persons who wished to speak in favor of the proposed replat. Again, there were none. The public hearing was declared closed. Following discussion, Councilman Robertson moved that the replat be approved as submitted. 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. Item 18 To consider approval of a replat of Northlake Woodlands East, Phase 6, Block F, Lot 20, located at 820 Pelican Lane, at the request of Mr. Donald E. Brewer. Director of Planning and Community Services Gary Sieb made the presentation to the Council. Mr. Sieb called to Council's attention the correct address as being 775 Pelican rather than 820 Pelican. Mayor Wolfe declared the public hearing open. Me asked for those persons who wished against the proposed replat. There were none. Mayor Wolfe then asked for those persons who wished to speak in favor of the proposed replat. Again, there were none. The public hearing was declared closed. Following discussion, Councilman Nelson moved that the replat be approved as submitted. 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. Item 19 To consider approval of a replat of Northlake Woodlands East, Phase 12, Block F, Lot 5, located at 780 Crestview, at the request of Mr. W.T. Troth. Director of Planning and Community Services Gary Sieb made the presentation to the Council. Following the presentation, Mayor Wolfe declared the public hearing open and asked for those persons who wished to speak against the proposed replat. There were none. He then asked for those persons who wished to speak in favor of the proposed replat. Again, there were none. The public hearing was declared closed. Following discussion of the Council, Mayor Pro Tem Smothermon moved that the replat be approved. 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. Page 6 of 9 Item 20 Discussion and consideration of directing staff to begin search for alternative sites for the proposed Library. Following discussion on this item, Councilman Morton moved that the Staff be directed to begin looking for alternative sites for the proposed Library. Councilman Nelson 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 21 Mayor's report The following items were reported during the Mayor's report. A. Mayor Wolfe reminded the Council present that four council members will be out of town on the Economic Development trip to Toronto beginning Saturday, September 22, 1990. B. Mayor Wolfe informed Council that Councilman Thomas expects to be present for the next regular City Council meeting; however, according to Charter, if three meetings are missed, they must be excused by Council to avoid removal of that council person. City Attorney Larry Jackson clarified that the meetings were three regular consecutive meetings, as opposed to any special meetings. Therefore, no action was required on this item. C. Mayor Wolfe indicated that the plagues for the Coppe11 Rotary Pavilion will be presented at the October 23, 1990 City Council meeting. D. The consensus of Council was requested on an additional $75 expenditure above the original $200 to purchase plaques for various Coppell Business Association members. It was the consensus of the Council to spend the additional $75. E. Councilman Morton requested a Staff report on the buildings on South Beltline Road. He indicated that truck repair and dumping of oil into the creek is being conducted at this time. Item 22 City Council Liaison Reports. A. Architectural Review Committee for Town Center. There was no report at this time. B. Chamber of Commerce Committee. Councilman Cowman reminded Council that the Coppell Chamber of Commerce will be meeting the next day and will be touring the Bulk Mail Center. C. Coppell Historic District. Councilman Nelson stated that the Coppell Historic District had met in joint session with the Park Board and were at this time still debating a recommendation as to a two or four lane road on Bethel Road which runs through the proposed Historic District. D. DCAD. There was no report at this time. E. Economic and Business Development Board. Councilman Morton indicated that City Manager Alan Ratliff will be providing information to those Council members attending the Economic Development Tour this coming weekend. Lone Star Gas was commended for the excellent work they had provided in getting the information available for this report. F. Finance Committee. Mayor Pro Tem Smothermon stated that the Finance Committee had not met. Page 7 of 9 The Private Club Committee is in the process of reviewing the City's ordinance. From preliminary indications, it appears that Coppell~s ordinance is out of step with state law and if challenged in court, would be thrown out. It is anticipated that a report will be forthcoming to Council at the October 9, 1990 City Council meeting and a public hearing scheduled for citizens on October 11, 1990. The Committee has not yet reached a decision as to the recommendation on a referendum. G. Library. There was no report at this time. H. Metrocrest Red Ribbon Campaign committee (Drug Awareness). There was no report at this time. I. MUD Absorption Committee. Councilman Weaver indicated that the MUD meeting for September 20, 1990 had been canceled and rescheduled to September 25, 1990 at 7:00 p.m. J. NCTCOG. There was no report at this time. K. Park Board. Councilman Robertson informed Council that the Park Board had met the previous night with a rather extensive agenda. The Park Board had reviewed expenditures as requested by Council for park funds for the upcoming fiscal year. Additionally, the Baseball Association appears satisfied with the work that is being done in the ball fields. Also, the concession stand in Brown Park is scheduled to open this coming Saturday. Councilman Robertson requested assistance from Staff in final inspections and a meter being set by TU. Commodations to City Manager City Alan Ratliff and Public Works Director Steve Goram on the selection of a Park Director were voiced. It was stated that the new Parks Director, Rick Wieland, had already saved the City $5,000 in consulting fees. The last item reported under the Park Board was that the YMCA meeting held the previous week had resulted in a good turnout and a positive meeting. L. Recycling Committee. Councilman Weaver indicated that a report on the results of the recycling survey would be forthcoming during the October 9, 1990 City Council agenda. M. School Board. There was no report at this time. Mayor Pro Tem Smothermon requested that item 23-C be removed from the consent agenda and excused himself from the Council due to a conflict of interest. The required Affidavit has been filed previously with the City Secretary's office. Item 23 A Discussion and consideration for the approval of a joint-use agreement with the Coppell Independent School District for a su~er recreation program. B. Consider approval of a preliminary plat for Four Seasons Addition, located at the southeast corner of Thweatt Road (Sandy Lake) and Royal Lane, at the request of Mr. James Koch. D. Consider approval of a final plat or Park Place Addition, located near the northeast corner of Sandy Lake Road and Heartz Road, at the request of Mr. Mike Allen of Univest Development. Page 8 of 9 Councilman Morton then moved that the remaining Consent Agenda Items 23 A, B and D be approved. Councilman Robertson seconded. The motion carried with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Mayor Pro Tem Smothermon then removed himself from the Council. Consider approval of a preliminary plat for Fairways @ Riverchase, located west of the extension of Riverchase Drive and south of Sandy Lake Road; adjacent to the Riverchase Golf course on the west and south property line, at the request of Mr. Bill Thompson. Councilman Morton moved that Item 23-C be approved. Councilman Nelson seconded. The motion carried 5-0 with Councilmen Weaver, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Mayor Pro Tem Smothermon then rejoined the Council. EXECUTIVE SESSION (Closed to the Public) 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/MacArthur Boulevard Right of Way 5. Hue1 Weaver Lawsuit 6. Parks of Coppell District 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. Connell Skaggs Drainage 3. Acquiring R.O.W.-Northlake Nursery & Landscaping The City Council convened in Executive Session at 11:03 p.m. on Tuesday, September 18, 1990 as allowed under the above stated articles. Mayor Wolfe adjourned into open Session at 11:46 p.m. Regular Session There being no further business to come before the Council, the meeting was adjourned. Mark Wolfe, ATTEST: Dorothy Timmts~, City Secretary Page 9 of 9 CCM91890 00, 183