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CM 1990-10-09 Minutes of October 9, 1990 The City Council of the City of Coppell met in regular called session on Tuesday, October 9, 1990 at 6:33 p.m. for Executive Session and 6:58 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 David Thomas, Councilman (late arrival) 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. Item 1 Call to order. Mayor Wolfe called the meeting to order. EXECUTIVE SESSION (Closed to the Public) Item ES-2 A. Article 6252-17, Senate Concurrent Resolution Number 83, discussion with City Attorney concerning privileged communications between attorney and client. 1. Phillips Claim B. 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. Johnny Thompson annexation question 2. Lomas & Nettleton Agreement/MacArthur Boulevard Right-of-Way 3. Hue1 Weaver Lawsuit C. 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. Report from Attorney Alex Bickley Council convened in Executive Session at 6:33 p.m. on Tuesday October 9, 1990 as allowed under the above stated articles and adjourned into Open Session at 6:58 p.m. Councilman Thomas arrived during the Executive Session. '-~ REGULAR SESSION (Open to the Public) Item 3 Invocation Councilman Cowman led the invocation. c.c.llZllt~m Item 4 Pledge of Allegiance Mayor Wolfe led those present in the Pledge of Allegiance. Item 5 Consideration of approval of minutes - August 24, 1990 September10, 1990 Sept~m~-r11, 1990 Sept~-r18, 1990 The City Council minutes of September 10 were corrected to reflect the presence of Councilman Tom Morton and the absence of Councilman David Thomas. The minutes of September 18 were pulled from consideration due to one page missing. They will be considered at a following council meeting. Following further discussion, Mayor Pro Tem Smothermon moved that the minutes of August 24, 1990, the corrected minutes of September 10, 1990 and the minutes of September 11, 1990 be approved. Councilman Nelson seconded the motion. The motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 6. Citizen Appearances There were no citizens who wished to appear at this time. Item 7. Discussion, consideration of approval of a Proclamation proclaiming "Red Ribbon Week" from October 21-28, 1990 and authorizing the Mayor to sign. Chief Neil McKinney made the presentation to the Council. Chief McKinney stated that "Red Ribbon Week" is proposed for October 21 through October 28. Councilman Cowman also informed the Council that a breakfast is being hosted by the Chambers of Commerce of Coppell and Farmers Branch. This breakfast will be on Monday, October 22, 1990 at 7:30 a.m. The Council was encouraged to attend this kick-off breakfast for "Red Ribbon Week" to show support for a drug-free community. Councilman Cowman moved that a proclamation proclaiming "Red Ribbon Week" be approved. Councilman Morton seconded the motion. The motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 8 A. A presentation of a report by the Coppell Recycling Task Force on the results of the study of curbside recycling program study in the City of Coppell. B. Discussion and consideration of initiating a pilot curbside recycling program in two target neighborhoods within the City of Coppell as recommended by the Co99ell Recycling Task Force. Mr. Jim Garrison introduced this item to the Council and recognized citizens present who had participated on this committee. Mr. Jim Dippold, Chairman of the Recycling Committee, made a presentation to the Council concerning the efforts which had gone into the recommendation that is coming forward tonight. It is anticipated that the average cost would range from $1 to $5 per household, per month for a recycling program. Also present to discuss this item with the Council was Mrs. Kacie Best, who reviewed the survey taken by the Recycling Committee and the results of that survey. Also present to discuss the item with the Council was Mr. Klm Brooks. He presented the two proposed neighborhoods, Hunterwood and Meadows subdivisions, for the pilot program. One of the two subdivisions will change from two solid waste pick-ups weekly to one solid waste pick-up and one recycling pick-up weekly. The other neighborhood will add an additional pick-up to the two regular pick-ups currently in place, the additional pick-up being used for recycling. Items to be included in recycling are paper, plastics, aluminum and glass. Councilman Weaver and Staff Liaison Judi Biggerstaff were commended for their help and assistance in this program. Councilman Morton also stated that he would like to place this proposed plan in the resource file at the North Central Council of Government, as it is, in his opinion, one of the best in the area. Following further discussion on this item, Councilman Morton moved that the pilot programs for recycling be approved, with the Hunterwood and Meadows subdivisions being designated as the pilot areas. Mayor Pro Tem Smothermon seconded the motion. The motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, cowman, Robertson and Nelson voting in favor of the motion. Item 9 Preliminary report on the Private Club Committee by Mayor Pro Tem Smothermon. Mayor Pro Tem Bill Smothermon made the presentation to the Council. Mr. Smothermon reviewed the process used by the Private Club Committee to come to the conclusions and recommendations which are being presented tonight. The Committee will be holding two public hearings for citizen input on October 11 and 25, 1990. Both hearings will begin at 7:30 p.m. and will be held in Council Chambers. It is anticipated that this item will go before the Planning and Zoning Commission on November 8, with Council consideration coming on November 27, 1990. As this will be a zoning change to the City's overall zoning ordinances, all citizens in the City would be mailed a notice prior to the planning and zoning meeting. It is the preliminary recommendation of the Committee that the present Ordinance be voided and the city zoning ordinance be amended to provide that all restaurants must be at least 300 feet (figured by State guidelines) from a church, school, city park or hospital, except in the case of restaurants located in a strip shopping center, in which case the distance requirements for churches located in the center would be waived. The third recommendation is that it be specified in the city's zoning ordinance that restaurants may be located in residentially zoned areas only if they are part of a golf course/country club complex. No action was required on this item at this time. Item 10 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. City Manager Alan D. Ratliff made the presentation to the Council. Mr. Ratliff indicated that Staff and TU representatives are continuing to work on a proposed Ordinance for a franchise agreement. It is Staff's recommendation that this item be tabled while negotiations continue. Following discussion on this item, Councilman Robertson moved that this item be postponed to the November 13, 1990 agenda. Councilman Nelson seconded the motion. The motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 11 Report to the City Council regarding Texas Waste Management's request for a 4% rate increase in reaction to an increase in fuel costs. C.¢.#ZNUTBS 10/00/90 PA~B 30P 8 Public Works Director Steve Goram requested that this item be tabled until the requested information is provided by Texas Waste Management. Following discussion, Councilman Morton moved that this item be tabled. Councilman Nelson seconded the motion. The motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Rohertson and Nelson voting in favor of the motion. Item 12 Discussion and consideration of approval of a payment of Phillips claim in the amount of $250. Following discussion, Councilman Robertson moved that the approval of payment in the amount of $250 to the Leslie Phillips family be approved, with the stipulation that the City obtain adequate release of any future liability with a no-quilt clause, as approved by the City Attorney. Mayor Pro Tem Smothermon seconded the motion. The motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 13 To consider approval of a zoning change, case #ZC-528, from (2F-9) Two Family-9 to (SF-7) Single Family-?, located along the east side of Coppell Road, approximately 1/4 mile south of Sandy Lake Road, at the request of Gee Development Company. Planning and Community Services Director Gary Sieb made the presentation to the Council. Mr. Sieb indicated that this request includes eight stipulations, as follows: 1. Reduoe lot count from 104 to 102 2. Minimum lot size = 7260 square feet (typically 66 feet x 110 feet) 3. Average lot size = 8800 square feet 4. Lots 6, 7, 20, 21, 34, 35, and 49-58 = i or 2 story not less than 2300 square feet air- conditioned space, lots 59-65 = i story, minimum 2300 square feet air-conditioned space 5. No alley on east property line 6. Developer volunteered screening fence on those lots without one on cul-de-sac~s bordering the southern property line 7. Not more than 35% of remaining lots (28 lots) will contain houses of not less than 2000 square feet air-conditioned space; remainder of lots to contain minimum 2300 square feet air-conditioned space 8. Screening fence and landscaping (to be maintained by Homeowners Association) along Coppell Road Mr. Sieb indicated that the public hearing had been previously held by the Counoil on September 18, 1990, with the item being postponed for further review to tonight's meeting. Mr. Steve Gee and Mr. Dennis Jerky, applicants, were present to discuss this item with the Council. Following discussion, Councilman Morton moved that. the zoning change request on the Case of ~ZC-528 be approved from (2F-9) to (SF-7), with the eight stipulations as recited above and agreed upon between the city and the Developer. Councilman Weaver seconded the motion. The motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. C. C. M'r II'd'~BB 10~09;9Q Item 14 Mayor's Report The following items were reported under the Mayor's report: A) Mayor Wolfe reminded the Council that an extensive agenda is set for the October 23 City Council meeting and requested consensus as to the possible splitting of items for this agenda into two meetings. It was the determination of Council that final decision to split into two meetings would be left up to Staff. B) The October 23 meeting is Students in Government night with 5th grade students. The lunch with these students will be at 11:30 p.m. at the Intermediate School. Council members were requested to attend this luncheon if possible. C) The Recycling Committee will be coming back on the October 23 meeting to report on the recycling efforts. D) The FOCL Group will be presenting an item on the October 23 meeting concerning fund raising for Library books. E) The inter-city Big Ball tournament is scheduled for November 3, 1990. The City of Addison has challenged the cities of Carrollton, Coppell and Farmers Branch to this inter-city game and challenged Council members to participate. F) Planning and community Service Director Gary Sieb and Public Works Director Steve Goram were commended on the appearance and improvements at City Hall. G) Mayor Wolfe, Councilman Morton and City Manager Alan D. Ratliff have been meeting to bring the Economic Development Board and the Chamber together on future economic development within the City. H) During the Toronto trip, 24 companies were visited for possible leads for relocation in the City of Coppell. At least four of those leads have already indicated further interest and requested additional information concerning Coppell. It was brought to Council's attention that a new business, Thacker Container Company, will be locating in the Park West Commerce Park on a five acre tract of land. J) Council consensus was requested for temporary signs on an item that has been inadvertently left off of the agenda. Tom Thumb stores anticipate requesting a sign for "Positions Available" and for "Grand Opening", which would require a variance from City ordinances. The Council was requested to indicate consensus whether to allow these signs to be displayed, with a follow-up agenda item at the next Council meeting. It was the consensus of Council that these signs be allowed. K) Mayor Wolfe presented a plaque from the twin city of Markham, Ontario, Canada recognizing the City's economic alliance with this Canadian city. L) The official comments on the DFW expansion project have been submitted to the airport. Additionally, Coppell has received a letter requesting that Coppell sit down with the airport and negotiate various items. It is the feeling of the Mayor that this response not be made until the airport provides the information requested. An item will be placed on the October 23 agenda for Council consideration on cost estimates for litigation and completion of the airport study. C.C.#XmJ'L'BB 10/0g/90 PAGB 50P 8 M) Councilman Morton demonstrated a noise metering device which he had obtained on his own and suggested that, due to the inexpensive cost of this instrument, individual citizens may want to purchase it for their own testing. N) Councilman Robertson requested information on an agreement with Vista Ridge that stated water would be flowing at all times to allow for fish to survive in the floodway at the north end of the city. A status report was requested, since this waterway does appear to be drying up. 0) Councilman Cowman requested information concerning traffic light repair at I 635 and Beltline Road. Item 15 City Council Liaison Reports A) ARCHITECTURAL REVIEWCOMMITTEE - There was no report at this time. B) CHAMBER OF COMMERCE - There was no report at this time. C) COPPELL HISTORIC DISTRICT - Councilman Thomas indicated that this committee had met the previous night with anticipation of an item being placed on the October 23 City Council meeting for a recommendation on the two or four lane road through the proposed Historic District. D) ECONOMIC AND BUSINESS DEVELOPMENT BOARD - Councilman Morton indicated that this board is going through the organizational phase of electing officers. It is anticipated that there will be cooperation between this Eoard and the Coppell Chamber of Commerce in the future. E) DCAD - There was no report at this time. F) FINANCE COMMITTEE - There was no report at this time. G) LIBRARY BOARD - Councilman Weaver commended City Manager Alan D. Ratliff on his work with FOCL Group to raise additional funds for the library. H) METROCREST RED RIBBON COMMITTEE - There was no report at this time. This subject was covered under a previous agenda item. I) MUD ABSORPTION COMMITTEE - Councilman Nelson and Councilman Weaver reported that the time element has passed for approval on contract agreements through the MUD. It is foreseen that a statement indicating that a prospective purchaser is aware of possible odor conditions as they currently exist would be provided for signatures on all homes which are located within 400 feet of the MUD Lift Station. J) NCTCOG - Councilman Morton indicated that he would be attending a Council of Government meeting the following day and obtaining information for the City. K) PARK BOARD - Councilman Thomas stated that this Board had met with no significant action taking place at this time. The concession stand at Andrew Brown Park has been completed, except for minor touch-up work. A bottom-line cost was requested, as well as the placing of an item on the agenda for plaques for naming new facilities. C.C.#Xm~'BB lo/oglgo P&OB i OF 8 L) RECYCLING COMMITTEE - Councilman Weaver thanked Council for their support in this effort. M) SCHOOL BOARD - Councilman Robertson stated that the YMCA task force has met three times during the previous week. Councilman Robertson will be contacting TU Electric to see about getting a lease from this company for a future site for the YMCA. N) Other areas reported on included the Office on Aging, the Drainage Committee and the Metrocreet Leadership program. NS Item 16 A. Consideration of approving an ordinance regarding School Zone Traffic Control Guidelines, and authorizing the Mayor to sign. B. Consideration of approval of a resolution establishing a City of Coppell Cafeteria Plan as permitted under Section 125 of the 1986 Internal Revenue Code. C. Consideration of approval of a new Performance Appraisal System for City employees. D. Consideration and approval of a resolution amending the June 12, 1990 resolution regarding a three-year Dallas County Community Development Block Grant Program. Councilman Morton moved that the Consent Agenda be approved, with Item 16 A, carrying Ordinance 90487, 16 B carrying Resolution 100990.1, and 16 D carrying Resolution 100990.2. Mayor Pro Tem Smothermon seconded the motion. The motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. EXECUTIVE SESSION (Closed to the Public) ES-2 A. Article 6252-17, Senate Concurrent Resolution Number 83, discussion with City Attorney concerning privileged communications between attorney and client. 1. Phillips Claim B. 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. Johnny Thompson annexation question 2. Lomas & Nettleton Agreement/MacArthur Right-of-Way 3. Huel Weaver Lawsuit C. 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. Report from Attorney Alex Bickley C.C.MZMTA'Ri 10/09~90 PAOB ? O~ S 90 Council convened in Executive Session at 8:56 p.m. on Tuesday October 9, 1990 as allowed under the above stated articles and adjourned into Open Session at 9:03 p.m. ~ (Open to the Public) There being no further business to come before the Council, the meeting was adjourned. Mark Wo~fe~/~yor ATTEST: £;~-,,% ] 91