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CM 1990-11-27 Minutes of November 27, 1990 The City Council of the City of Coppell met in regular called session on Tuesday, November 23, 1990 at 6:31 p.m. for Executive Session and 7:06 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, Assistant City Secretary Linda Grau, Clerk/Typist Patsy Jones and City Attorney Lawrence W. Jackson. Item i Call to order. Mayor Wolfe called the meeting to order. EXECUTIVE SESSION (Closed to the Public) Item ES-2 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. Johnny Thompson annexation question 2. Minyard Agreement 3. Hattie Mae Leslie 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. Jones Property Drainage C. Article 6252-17, Section 2 (g) discussion concerning personnel 1. Appointment to Economic and Development Board 2. Council appointments Council convened in Executive Session at 6:31 p.m. on Tuesday, November 27, 1990 as allowed under the above stated articles and adjourned into Open Session at 7:06 p.m. Councilman Thomas arrived during the Executive Session. ON (Open to the Public) Item 3 Invocation Councilman David Thomas led the invocation. Item 4 Pledge of Allegiance Boy Scout Troop 842 led those present in the Pledge of Alleglance. Item 5 Consider approval of minutes - November 13, 1990 Councilman Robertson moved to approve the minutes as submitted. 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. Consent Aqenda Item ~9 A-G Th~e ~tem was ~ons~d~red ak this time. ~Plesee. eee the reporb in ttes proper order. Item 6 citizens Appearances There were no citizens who wished to speak at this time. Item 7A Consideration of establishing a Recycling Delegation to work with Texas Waste Management to provide recommendations to City Council for a City-wide curbside recycling program. 7B Designation of individuals to be appointed to the Recycling Delegation. Councilman Weaver requested that Council sanction a Recycling Delegation, the committee to be composed of Staff, Council, and other designated members. Council pointed out that there has been some problem with trash, specifically glass, being dropped onto streets during the re-cycling pickup. It was suggested that Texas Waste Management be contacted to inform them of this and see what can be done to prevent it. It is expected that the Recycling Delegation will report back to Council the second meeting in January. Mayor Pro Tem Smothermon moved to establish a Recycling Delegation to work with Texas Waste Management, their purpose being to make recommendations to City Council for a City-wide curbside recycling program, and that the individuals to serve on this delegation are to include: Jim Garrison, Becky Furr, Director of Public Works Steve Goram, Assistant Finance Director Alan Johnson, Councilman Thomas and Councilman Weaver. Councilman Robertson 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 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 Council. He reported that after meetings with Texas Utilities Electric Company, there could be no further negotiations, in large part due to State Law which has removed the ability of local municipalities to negotiate. It was pointed out that Texas Utilities Electric Company has always been a "good neighbor" and it is anticipated that this will continue. A representative from TU, Tom Parsons, was also present to answer questions. Following discussion of this item, Councilman Rohertson moved to approve Ordinance 90493 granting Texas Utilities Electric Company an electric light, heat and power franchise for 20 years and repealing all previous ordinances of the City of Coppe11. Mayor Pro Tem Smothermon seconded the motion. The motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Cowman, Robertson and Nelson voting in favor of the motion and Councilman Morton voting against the motion. Item 9 Consider approval of an ordinance setting water and sewer rates. Deputy City Manager/Finance Director Frank Trando and Assistant Finance Director Alan Johnson made the presentation. Sanford Case of Ginn, Inc. was also present to answer questions. The information provided to Council is based on the preliminary findings of the Master Water Plan and Master Wastewater Plan authorized by Council in August. The increases are based on projected population growth and overall water demand projections. Items which will be included in a five year capital improvement plan include: Water system improvements of Wrangler Drive 12" water line loop from the old high school to Freeport Parkway, Gateway Boulevard 16" water line loop from the Postal Facility on Royal Lane to the Santa Fe Development on Gateway, Freeport Parkway 16" water line from I.H. 635 to Southwestern Boulevard (Phase I), Parkway Boulevard 16" water line from the new high school to the Villages of Cottonwood Creek, Village Parkway Pump Station Rate of Flow Controller, Elevated Tank Site Acquisition, Second Ground Storage Tank at Village Parkway Pump Station, Sandy Lake Road 24" water line from MacArthur Boulevard to Denton Tap Road, South Belt Line Road 16" waterline from Southwestern to Lakeshore Drive and Freeport Parkway 16" water line from Bethel Road to Highway 121 (Phase II). Projected wastewater improvements over the same time span include= Grapevine Creek Trunk Main - Phase I and II, Grapevine Creek Trunk Main Phase III and IV and Comprehensive Inflow and Infiltration Analysis. In addition to providing funds for these capital improvements, the increases will cover an increase in the cost of water from Dallas and an increase in cost of sewer from Trinity River Authority. There was some discussion regarding loss of pressure in homes on the West side of the City, and it was pointed out that this was largely due to the higher elevation of these homes and also that pressure maintained at the Pump Station is slightly above what is required by law. Following discussion on this item, in addition to the impact these increases will have on senior citizens who live on fixed incomes, it was brought to the attention of Council that a 10% discount is offered to Senior Citizens who come to City Hall and sign up for this discount. It was requested that a notice be printed on Water Statements notifying citizens of this fact. Councilman Nelson moved to approve Ordinance 90494 setting water and sewer rates. Councilman Robertson seconded the motion. Due to lengthy discussion of this item and a need for further discussion prior to voting, the vote was postponed to a time later in the evening. Following Item 16 on the Agenda, Council returned to this item for further discussion and vote. The original motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Thomas, Morton, Co,man, Robertson and Nelson voting in favor of the motion and Councilman Weaver abstaining from voting, which is considered a consent vote. Following voting, Councilman Weaver requested that the following comments be included in the minutes= the receipt of impact fees from development is included in the financial model. He also reiterated that people who live on a fixed income and senior citizens receive only the "pass through" portion of the rate increase and not the increase due to bonds. Item 10 Consideration to contract services to provide planning and landscape architectural services with Mesa Design Group in the amount of $14,6000.00, which involves the construction of two soccer fields and the construction and installation of lighting for two multi-purpose fields, located on the west aide of Denton Tap Road. Parks and Recreation Manager Rick Weiland and Mike Cooper, Chairman of the Park Board, made the presentation to Council. Funds allocated in the amount of $170,000 from the 1990-91 Capital Improvements Program are to be used for construction of two soccer fields west of the current parking lot and lighting of the two multi-purpose fields at Andrew Brown Park. The Park Board estimates that if the planning phase can proceed, some work will begin possibly within 90-120 days with actual completion occurring 60-90 days after commencement of work. Mayor Wolfe commended Parks and Recreation Manager Rick Weiland and Mike Cooper, Chairman of the Park Board, for the fine work they are doing. Councilman Morton moved to approve a contract for services to provide planning and landscape architectural services with Mesa Design Group in the amount of $14,500, which involves the construction of two soccer fields and the construction and installation of lighting for two multi-purpose fields, located on the west side of Denton Tap Road. Councilman Thomas 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 Discussion and consideration of adopting a resolution giving special recognition to the Steering Committee for the Coppell YMCA and supporting their efforts in the formation of the YMCA, and authorizing the Mayor to sign. Mike Clements, Chairman of the YMCA Steering Committee, made the presentation. Mr. Clements stated the objectives of the Coppell committee, which has been split into three groups comprised of the Long Range Planning/Facility Committee, the Data Interpretation Committee and the Program Committee. He further reported that a survey of the Greater Lewisville Branch of the YMCA showed that a total of 750 different Coppell citizens participated in the different programs offered by the YMCA in the last year. He also reported that over $15,000 is provided to children in the Coppell area for scholarships and reduced fees in after school and day camp programs through the YMCA in 1990. Council requested Staff to check on whether or not grant funds from the State for Park Programs would be jeopardized if land were leased to theYMCA, with a response to this question prior to the next Council meeting. Council voiced strong support for a Coppell chapter of the YMCA. Councilman Robertson moved to approve Resolution 112790.1 giving special recognition to the Steering Committee for the Coppell YMCA and supporting their efforts in the formation of the YMCA and authorizing the Mayor to sign. 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 12 Status report on Library Building Program. Planning and Community Services Director Gary Sieb 'made the presentation to City Council. The five member Library Consultant Appointment Committee will begin the process of choosing a Consultant to assist in developing a building program for the new Library structure in the near future. After the Consultant is selected, the Committee will begin reviewing several architectural firms, narrowing them down to four to six firms, conduct a second interview with each firm and submit them to Council. The Consultant would be involved in the building program of the new library. Councilman Weaver reiter~ted the importance of having a Consultant. No further action was required on this item. Item 13 Consider accepting the resignation of Angelo Vaccaro from the Economic & Business Development Board. Council thanked Mr. Vaccaro for his dedication to the City and voiced regret at his resignation. Mayor Pro Tom Smothermon moved to approve the resignation of Angelo Vaccaro from the Economic & Business Development Board. Councilman Morton secondedthe motion. The motion carried 7-0 with Mayor Pro TemSmothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 14 Consider appointment of a member to the Economic and Business Development Board. This item was considered foXlowinq the Executive Session which convened at 10:26 p.m. Councilman Morton moved to approve Kim Brooks as a member to the Economic and Business Development Board. Mayor Pro Tom Smothermon seconded the motion. The mOtion carried 7-0 with Mayor Pro Tom Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 15 PUBLIC HEARING: Consideration and approval of a zoning change request, Case #PD-114, from (R) Retail and (MF-1) Multi-Family-i, to a (PD) Planned Development for single- family detached structures, on 48.08 acres of land, located south of Sandy Lake Road and west of the T.U. electric easement. Mayor Pro Smothermon withdrew from Council at this time because of a conflict of interest. An affidavit is on file with the City Secretary. Planning and Community Services Director Gary Sieb made the presentation to Council. He stated that the request for a zoning change was approved by the Planning and Zoning Commission on November 8, 1990, subject to the following 14 conditions: 139 single-family lots maximum 35* maximum height 35% maximum coverage 20* minimum rear yard No lot smaller than 50 x 105 No lot size less than 5250 square feet Minimum dwelling unit size of 1600 square feet air conditioned space 5* minimum side yards, 15 * on corner lots Landscaping of linear park (utility R.O.W.) 6* minimum masonry screening fence around lift station and T.R.A. property Minimum finished floor elevation on all structures Escrowed funds to bUild street west to MacArthur Boulevard No alleys on lots 17-46 (adjacent to T.U. electric easement) 20*-25* front yard setback Following Mr. Sieb*s presentation, Nathan Maier, a Consulting Engineer from Thompson Interests, came forward to make a presentation to Council. Council was informed that coverage would be 60%, as opposed to 35%. Much concern was voiced over the flood potential of this particular property and the difference in elevation of the apartment homes. It was pointed out that the only access road, Sandy Lake Road, is often flooded during heavy rains. Mayor Wolfe declared the Public Hearing open. He asked if there were any citizens wishing to speak against this issue. There were none. He asked if there were any citizens who wished to speak for the issue. Bill Thompson of Dallas addressed Council. Mayor Wolfe then declared thePublic Hearing closed. Councilman Weaver moved to 000218 deny without prejudice a zoning change request, Case #PD-114, from (R) Retail and (MF-1) Multi-Family-i, to a (PD) Planned Development for single-family detached structures, on 48.08 acres of lan~, located south of Sandy Lake Road and west of the T.U. electric easement until issues involving coverage, an access road during flooding, a screening wall and the linear park issue could be resolved with Staff. Councilman Thomas seconded the motion. The motion to deny failed 2-4 with Councilmen Weaver and Thomas voting in favor of the motion and Councilmen Morton, Cowman, Robertson and Nelson voting against the motion. Following further discussion, Councilman Morton moved to approve the zoning change request, Case #PD-114, from (R) Retail and (MF-1) Multi-Family-i, to a (PD) Planned Development for single family detached structures, on 48.08 acres of land, located south of Sandy Lake Road and west of the T.U. Electric Basement with the 14 conditions listed above, with changes in the conditions as follows: 35% maximum coverage changed to 60% maximum coverage and escrowed funds to build a street west to MacArthur Boulevard with no building permits to be issued until construction is underway on said street. Councilman Cowman seconded the motion. Councilman Nelson requested that the motion be amended to read 50% coverage, rather than 60% coverage. Councilman Morton amended his motion to 50% coverage rather than the 60% coverage. Councilman Cowman amended his second. Planning and Community Services Director Gary Sieb suggested that two other points be included= 25~ setback for a home having less than 1,800 square feet and a 20~ setback for a home having greater than 1,800 square feet. Mayor Wolfe pointed out that these had been part of the Planning and Zoning motion which were not included on the summary sheet. Councilman Morton amended his motion to include all of the changes, the final motion being: Councilman Morton moved to approve the zoning change request, Case #PD-114, from (R) Retail and (MF-1) Multi-Family-i, to a (PD) Planned Development for single family detached structures, on 48.08 acres of land, located south of Sandy Lake Road and west of the T.U. Blectric Basement with the 14 conditions listed above, with changes in the conditions as follows= 35% maximum coverage changed to 50% maximum coverage, escrowed funds to build a street west to MacArthur Boulevard with no building permits to be issued until construction is underway on said street, and a 25~ setback for a home having less than 1,800 square feet and a 20~ setback for a home having greater than 1,800 square feet. Councilman Cowman seconded the amended motion. The motion carried 4-2 with Councilmen Morton, Cowman, Robertson and Nelson voting in favor of the motion and Councilmen Weaver and Thomas voting against the motion. Mayor Pro Tem Smothermon rejoined Council at this point. Item 16 Discussion and consideration of designating a Council member to serve on an evaluation panel for data processing consultant volunteers. Councilman Weaver stated his desire to work on this panel. Councilman Morton moved to approve Councilman Weaver to serve on an evaluation panel for data processing consultant volunteers. Councilman Robertson 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 17 Mayor's Report The ~ollowing items were reported under the Mayor's Report: A) Mayor Wolfe suggested that, rather than have the Executive Session prior to Council meetings, there be a work session. This would help to alleviate some of the discussions during Open Sessions and perhaps speed the process of the actual meeting. It was suggested that a meeting be held at 6:00 p.m. or 6:30 p.m. on the evening prior to Council meeting. B) Mayor Wolfe commented on letters which he had sent to Planning and Zoning Commission members, commending them on the Public ~'~ Hearing held November 8. He sent them copies of the letters ~ which had been received from citizens regarding the liquor issue. C) There will be a com=endation presented to the Police Department at the next Council meeting. The consensus of the Council was that $100 for plaques be spent. D) Mayor Wolfe stated that a Santa Station is being put up in the Skaggs parking lot and requested Council to waive fees for this structure. Consensus of Council was to waive the fees. E) Council was reminded that the auction for Shop Coppell First will be held this Sunday at City Hall. F) Volunteers are needed to decorate City Hall forthe Holidays. Several Council members voiced an interest in helping with this project. It was pointed out that this project needs to be completed prior to this Sunday. G) Mayor Wolfe reminded Council of a letter from Mr. Zapata of D/FWAirport regarding a time to negotiate. Mayor Wolfe wrote a letter to Mr. Yapata to tell him that the City is waiting for a Consultant to finish his report, and at that time, the ~ City would be ready to negotiate. A letter was also received from Vernell Sturns informing the City that effective every Monday at 3:00 p.m., meetings will be available to affected cities in regard to the negotiation process. H) Mayor Wolfe commented on the number of newspapers delivered to his home over the Thanksgiving Holiday and the n-mher of flyers which were taped to the front door of his home. Mayor Wolfe asked the City Attorney if restrictions could be put in place to govern the placing of flyers. It was also stated that there is no way to limit the number of newspapers which are delivered to a given home. I) Mayor Wolfe asked Staff to see if information regarding the recycling efforts could be included in the Newcomers Packet. J) Mayor Wolfe reminded Council that it was once again time to take a look at amending the Home Rule Charter, which could be voted on again in May. He stated that many questions had come up two years ago regarding voting for Mayor. The consensus of Council was that this had come up previously and had been resolved. K) Mayor Wolfe reminded Council that a citizen had come forward ~ last year regarding commercial signage in residential areas at Christmas time. Staff has asked for policy guidelines. Following discussion of this item, it was felt that this was not a zoning issue and if it is to be an issue, it should be an issue for the Sign Committee. The consensus of Council was not to regulate the signs in Christmas lighting in residential areas at this time, that it is not par~icularly a problem now. If this should become a problem inthe future, Sign Committee will deal with it and bring it back to Council. L) Councilman Morton reported that there are increased dirt haulers on Denton Tap going down Sandy Lake Road. When they go down the streets, it was observed that the trucks are dropping large amounts of dirt. It was suggested that it should be checked to see if there is a load limit on any of these roads for possible violatione. He also reported that the railroad crossing next to Minyards warehouse is in need of repair and stated that the railroad needed to be contacted to report this problem. He also asked that Public Works be thanked for replacing the fire hydrant at the point of Brooks Lane and Bethel School and asked that Staff check the ground surrounding the plug which has eroded with all of the rain. M) Councilman Robertson asked what has been done at the exit of the Skaggs Parking lot next to Goodyear at Sandy Lake Road and Denton Tap. City Manager Alan D. Ratliff reported that he has spoken with Tom Parsons of TU Electric about moving the telephone pole. They have stated that they will move the pole without charge to the City, asking that Mr. Ratliff put the request in writing, which he stated he will do this week. Councilman Robertson also restated his concern about the Denton Creek waterflow where the bridge is being constructed, stating that it has dried up and is not moving at all. N) Councilman Nelson pointed out that when the dirt haulers came off of property, they were leaving a lot of dirt on the streets, creating a potentially slick street in the event of rain. It was suggested that it be checked to see if there were an ordinance prohibiting this. O) Councilman Weaver asked if a report had been received from Albert Halff on drainage. Acting City Engineer Shohre Daneshmand reported that a couple of meetings have been held at the Staff level. It is expected that a second draft will be ready by Friday which will be forwarded to City Manager Alan D. Ratliff prior to going to the sub-committee. Item 18 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 There was no report at this time. D)ECONOMIC AND BUSINESS DEVELOPMENT BOARD There was no report at this time. E)DCAD There was no report at this time. F) FINANCE COMMITTEE There was no report at this time. G) LIBRARY BOARD There was no report at this time. H) METROCREST RED RIBBON COMMITTEE There was no report at this time. I) MUD ABSORPTION COMMITTEE ~ There was no report at this time. J) NCTCOG There was no report at this time. K) PARK BOARD Councilman Thomas reported that the last meeting of the Park Board had been a good meeting. There was a good turn out of citizens and much interest shown in the proposals of the Park Board. He encouraged Council to attend the next meeting of the Park Board, December 3, 1990. L) RECYCLING COMMITTEE There was no report at this time. M) SCHOOL BOARD City Manager Alan D. Ratliff reported that the School Board was due another meeting in January. CO S N Item 19 A Consideration for awarding of bid for printing of utility bills to Lander Business Forms for a total of $5,404.75. B Consideration for awarding of bid for purchase of water meters to various firms not to exceed $61,225.00 C. Consideration and approval of the annual City/County agreement with Dallas County and authorizing the Mayor to sign. D. Consideration and approval of an ordinance authorizing and allowing under the Texas Municipal Retirement System Act, "Updated Service Credit" for service performed by qualifying members and providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the city of Coppell and authorizing the Mayor to sign. E. Consideration and approval of an ordinance ~_~ prohibiting the scavenging of trash and recyclables set out for collection and disposal and authorizing the Mayor to sign. F. Consideration and approval of a City/County Agreement with Dallas County R & R, District 1, for the Dul~oee of asphalt overlays of Holly, Nash and Bethel School and authorizing the Mayor to sign. G. Discussion and consideration and approval of Change Orders No. 10 and 11; approval of Field Changes No. 1, 2, 3, and 4 and authorizing the Mayor to sign. Thee ~el.wes =ons~dermd ~oll~wing ~ ~ on thm. Agend&. Mayor Pro Tem Smo~hermon moved to app~ovu Items 19 A through 19 G, with Item 19 D carrying Ordinance 90491 and Item 19 E carrying Ordinance 90492. 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. EXECUTIVE SESSION (Closed to the Public) Item ES-2 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. Johnny Thompson annexation question 2. Minyard Agreement 3. Hattie Mae Leslie 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. Jones Property Drainage C. Article 6252-17, Section 2 (g) discussion concerning personnel 1. Appointment to Economic and Development Board 2. Council appointments Council convened in Executive Session at 10:33 p.m. on Tuesday, November 27, 1990 as allowed under the above stated articles and adjourned into Open Session at 11:20 p.m. ~ (Open to the Public) Item 14 .'.T~is ~tem wee coneidered ~ th~s time. Please see the ~ePor~,of':l~ ~n'~,e proper order. There being no further business to come before Council, the meeting was adjourned. Mark Wolfe, M~or ATTEST: ~in~ Grau-, As~ietant City Secretary