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CM 1991-03-26 MINUTES OF MARCH 26, 1991 The City Council of the City of Coppell met in regular called session on Tuesday at 6:00 p.m.for Executive Session, 6:45 p.m. Work Session and at 7:00 p.m. for Regular Session in the City Council Chambers of the Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Mark Wolfe, Mayor Bill Smothermon, Mayor Pro Tern Peyton Weaver, Councilman David Thomas, Councilman Tom Morton, Councilman (late arrival) Jim Cowman, Councilman Ron Robertson, Councilman John Nelson, Councilman Also present were City Manager Alan D. Ratiiff, City Secretary Dorothy Timmons and City Attorney Lawrence W. Jackson. Item 1 Call to order. Mayor Wolfe called the meeting to order. Item 2 Invocation. Mayor Pro Tem Smothermon led the invocation. Item 3 Pledge of Allegiance. Mayor Wolfe asked those present to join him in the pledge of allegiance. EXECUTIVE SESSION (Closed to the Public) Item 4-ES A. Article 6252-17, Section 2 (e) and Senate Concurrent Resolution Number 32, discussion with City Attorney concerning matter involving privileged communications between attorney and client. 1. North Lake Park/City of Irving 2. Franchise Agreement Texas Waste Management 3. Civil Service B. Article 6252-17, Section 2 (g) discussion concerning personnel. 1. City Manager The Council convened into Executive Session at 6:02 p.m. on Tuesday, March 26, 1991 as allowed under the above stated articles. Mayor Wolfe adjourned the Executive Session and opened the regular session at 6:37 p.m. WORK SESSION (Open to the Public) Items which were discussed during the Work Session included: A. Consultant for an in-depth management and personnel study. B. Bid for police cars. REGULAR SESSION (Open to the Public) Item 5 Consider approval of minutes - March 12, 1991 March 16, 1991 Mayor Pro Tem Smothermon moved to approve the minutes of March 12 and March 16 as submitted. Councilman Morton seconded the motion. The motion carried 7-0 with Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 6 Citizens Appearances There were no citizens who wished to speak at this time. Item 7 Discussion and consideration of authorizing the City of Coppell City Manager to enter into and execute an agreement with the Metroplex Chamber of Commerce for economic development assistance and related activities at an annual cost of $3,750.00. Charles Heath, Chairman of the Metrocrest Chamber of Commerce, made a presentation to the Council. Councilman Nelson moved to approve entering into an agreement with the Metroplex Chamber of Commerce for economic development assistance and related activities at an annual cost of $3,750. Councilman Morton seconded the motion. The motion carried 4-3 with Mayor Pro Tem Smothermon and Councilmen Morton, Cowman, and Nelson voting in favor of the motion and Councilmen Weaver, Thomas and Robertson voting against the motion. Item 8 A. Reconsideration of action taken by Council regarding zoning change request from (C) Commercial to (PD-SF-7) Planned Development Single Family-7, for Case #PD-115 Wynnpage Addition, located approximately 1000 feet south of Sandy Lake Road and 200 feet west of Denton Tap Road. B. Consideration and approval of a zoning change request from (C) Commercial to (PD-SF-7) Planned Development Single-Family-7) for Case #PC-115, Wynnpage Addition, located approximately 1000 feet south of Sandy Lake Road and 200 feet west of Denton Tap Road, at the request of Siepiela Interests. Councilman Morton moved to reconsider action taken by Council at the meeting of March 12, 1991 regarding zoning change request from (C) Commercial to (PD-SF-7) Planned Development Single Family, for Case #PD-i15 Wynnpage Addition, located approximately 1000 feet south of Sandy Lake Road and 200 feet west of Denton Tap Road. 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. Planning and Zoning Coordinator Taryon Bowman made a presentation to Council. Councilman Morton asked if the maintenance of the 8' wooden fence on the western boundary and the 6' masonry fence on the southwest section of the property would be the responsibility of the homeowners association in the new subdivision. Taryon Bowman stated that the homeowners association would be responsible for these. It was determined during later discussion that the landscaping, however, would not be the responsibility of the new Homeowners Association. Jim Siepiela of 5001 LBI Freeway, Suite 830, Dallas, Texas, the applicant was present to answer questions of the Council. Mayor Wolfe then stated that the Public Hearing for this item had been closed during the last Council session but wished to give any citizens who wished to speak a chance to do so at this time. Those citizens who wished to speak included: 1) Mike Walsh of 233 Southern Belle Drive stated that he is concerned with the potential drainage problems. 2) Barbara Bailey of 232 Plantation; Driqe presented a petition with 140-150 signatures on it to Council. She stated that the owners wished to see larger lot sizes and is concerned that drainage problems be addressed. 3) Mary Evelyn Mobley of 709 Coppell Road stated that she is concerned about the cemetery directly east from Plantation Drive and wishes to see that it is protected. 4) Sandy Ryder of 252 Plantation Drive stated that she is opposed to the development. Acting City Engineer Shohre Daneshmand was also present to answer questions which the Council might have concerning drainage problems. She stated that drainage problems will be looked at closely. Mayor Pro Tern Smothermon moved to accept zoning change request from (C) Commercial to (PD-SF-7) Planned Development Single Family-7, for Case #PD-115, Wynnpage Addition including all of the additions and modifications made by Planning and Zoning, with the additional provision that the lots on the western edge (number 13 through 26) will be 9,000 square foot minimum size with lots 17 through 26 to be at least 75' width, Lots 11 and 12 have a minimum square footage of 8,450 and also directing Staff that an acceptable drainage plan be submitted with the plat. Councilman Cowman seconded the motion. The motion carried 7-0 with Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 9 Briefing regarding implementation of the Recycling Program. Jim Dippold, Chairman of the Recycling Committee made a presentation to Council. Wendy Petty and John Gustafson of Texas Waste Management were also present to answer questions of Council. No further action was required on this item. Item 10 Consideration of a Resolution regarding the date of the Civil Service Election. Mayor Wolfe provided information as to why this item is on the agenda. City Attorney Larry Jackson made a presentation to the Council. He explained that his opionion is that the City Council should cancel the election for Civil Service of May 4, 1991 and walt until after September 1 to call the election based upon the refiling of the petition after September 1, 1991. He further stated that it is his opinion that a new petition will not have to be gathered. The petition submitted to the City in February should be returned to the party filing it and advised that it may be held and filed again after September 1, 1991, at which time the City would be authorized by law to act upon it and call the election. He stated that he feels that the statute (dealing with the results of the Census) mandates that the Council repeal the call of the election for May 4, 1991; otherwise, any party who is dissatisfied with the results of the election could bring an action to have the election held invalid. He said he feels that the statute is so clear in its prohibition against any action prior to September 1 that any court presented with the question would hold the election void. Councilman Robertson moved to approve Resolution 032691.1 rescinding the Civil Service election of May 4, 1991. Councilman Cowman seconded the motion. The motion carried 7-0 with Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. During further discussion, Councilman Morton requested that Staff look into having Dallas County restore the library funds which had been stopped when the population, based on the latest Census results, went over 10,000. Item 11 Consideration of a Variance from Section 10-5-4A of the Sign Ordinance which concern temporary banner signs. The variance is requested by Comerica Bank for the property located at 150 S. Denton Tap Road. Councilman Morton moved to approve a variance from Section 10-5-4A of the Sign Ordinance for Comerica Bank located at 150 S Denton Tap Road with May 24 as the deadline for the sign to be removed. Councilman Thomas seconded the motion. The motion carried 6-1 with Mayor Pro Tern Smothermon and Councilmen Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion and Councilman Weaver voting against the motion. Item 12 Discussion and consideration of approval of staff recommendations for award of bid for purchase of Police vehicles. Deputy City Manager/Finance Director Frank Trando made a presentation to City Council. He informed Council that of the ten bids which had been sent out, only one had been returned. Police Chief Neil McKinney was also present to answer the questions of Council. Mayor Pro Tern Smothermon moved to approve awarding the bid for purchase of police vehicles to Arendale Ford of Arlington. Councilman Cowman seconded the motion. The motion carried 6-1 with Mayor Pro Tern Smothermon and Councilmen Weaver, Morton, Cowman, Robertson and Nelson voting in favor of the motion and Councilman Thomas voting against the motion. Item 13 A Discussion and consideration of requesting proposals and credentials of firms and/or persons who could conduct an in-depth management study for the City of Coppell. 13 B Discussion and consideration of establishing a budget and plan for funding of the aforestated study. Mayor Pro Tem Smothermon moved that this item be referred to the Finance Committee and that they work with Staff to establish specifications and budget for the project and bring this back to Council. Councilman Cowman seconded the motion. The motion carded 7-0 with Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 14 Mayor's Report. A) Mayor Wolfe stated that he would be spealdng to the Senior Citizens regarding Civil Service. B) Mayor Wolfe reported that Councilmen Weaver, Morton and himself had met with the Economic Development Board. He stated that it was felt a work session with Council, Planning and Zoning and Economic Development Board was needed with the developers. The date mentioned was April 30, 1991 at 7:00. The consensus of Council was that this would be a good date. C) Mayor Wolfe stated that Councilman Morton had reported to him that the Sherman Case had been upheld and that the Supreme Court had refused to hear the case, upholding the fact that a city may not place more stringent restrictions on a restaurant serving alcohol than one which does not serve alcohol. D) Mayor Wolfe reported that the April 12 ribbon cutting for Macarthur Boulevard has been moved to April 26, 1991. E) Mayor Wolfe reminded those present that April 20 and April 21 is "Coppell Celebrates". F) The next regularly scheduled Council meeting of April 9, 1991 will be the 12th grade Students in Government day. There is a possibility that this will be canceled. G) Councilman Nelson stated that a problem is developing at 325 Meadowcreek Road involving dirt bikes being ridden in the yard. Staff will check to see if there is anything which the police department can do to curb this problem. () (; 0 6 0 H) Acting City Engineer Shohre Daneshmand reported that a bid had been opened today for a traffic light at Bethel and Denton Tap. She stated that a recommendation will be brought forward at the April 9 CoUncil meeting, with a time of frame of mid-June for the signal to be up, 1) Mayor Wolfe asked Staff to bring to Council as soon as possible the outstanding bills from North Texas Commission and the Coppell Chamber of Commerce. J) Councilman Cowman voiced concern about speeding on Macarthur Boulevard and asked Staff to see if there is anything which can be done to control the speed. K) Councilman Morton complimented Director of Public Works Steve Goram, Parks and Recreation Manager Rick Wieland and the Parks Department on the Easter egg hunt. L) Councilman Morton reported that a Coppell student, Greg Kempner, had served as alternate nominee to West Point and was also a nominee to the Air Force Academy. M) City Manager Alan D. Ratliff reported that the Police Department had arrested some suspects in the process of burglarizing a home in Coppell. N) City Manager Alan D. Ratliff reported that Toyo Tires has submitted plans for a 75,000 square foot building which will be built in Coppell. O) City Manager Alan D. Ratliff stated that the City had received several inquiries into the status of the City Wide Storm Drainage Plan. He suggested that a news release be issued giving the status of Phase I. Consensus of Council was to allow this, with the understanding that contracts would be approved before they are let. P) Mayor Wolfe commended Patrol Officer Ledet on his diligence in checking out a suspicious incident in a neighborhood. Q) Mayor Wolfe stated that a reporter from the Coppell Gazette, Jamie Bercaw, was leaving Coppell to return to Ohio. R) Councilman Cowman wished to thank the Police Department for checking out solicitors. Item 15 Liaison Reports. A) ARCHITECTURAL REVIEW COMMITTEE FOR TOWN CENTER There was no report at this time. B) CHAMBER OF COMMERCE COMMITTEE There was no report at this time. C) COPPELL HISTORIC DISTRICT There was no report at this time. D) DCAD There was no report at this time. E) ECONOMIC AND BUSINESS DEVELOPMENT BOARD There was no report at this time. 06r 061 F) FINANCE There was no report at this time. G) LIBRARY There was no report at this time. H) METROCREST RED RIBBON CAMPAIGN COMMT~EE (DRUG AWARENESS) There was no report at this time. I) MUD ABSORPTION There was no report at this time. J) NCTCOG There was no report at this time. K) PARK There was no report at this time. L) RECYCLING COMMITTEE There was no report at this time. M) SCHOOL Councilman Morton reported on the Texas Legislation which deals with school funding. hO YMCA Councilman Nelson reported that the YMCA Steering Committee had met. He reported that $40,000 is necessary to open a store-front Coppell YMCA. To date, $37,400 has been raised and it is anticipated that the remaining funds will be hard to collect. The plans to open in April have been delayed to possibly September. CONSENT AGENDA Item 16 A Consideration and approval of a Resolution for NCNB Capital Markets, Inc. authorizing the City Manager, Deputy City Manager/Finance Director, and Assistant Finance Director to sell, assign and endorse for transfer, certificates representing stocks, bonds, or other securities now registered or hereafter registered in the name of the City of Coppell. 16 B Discussion and consideration of a resolution directing publication of notice of intention to issue waterworks and sewer system revenue bonds and other matters pertaining thereto and authorizing the Mayor to sign. 16 C Discussion and consideration of request for refund of special expense fee in the '-~ total amount of $67.50 (including $17.50 court cost) at the request of Laura 1 Stanfield, 117 S. Holly, Coppell. 16 D Consideration for awarding of bid for the Oak Trail drainage improvement in the amount of $74,604.53 to M-S Utilities of Rockwall, Texas. 060062 16 E Consideration of awarding bid from Sturdisteel Company to purchase twelve (12) portable bleachers for the Middle School Ballfield Improvements in the amount of $7,296.00. 16 F Consideration of awarding a bid to Consolidated Traffic Control in the amount of $74,992.00 to retrofit existing city signalization with opticom emergency control devices. Council requested that Item 16D be pulled for separate consideration. Councilman Morton moved to approve Items 16A, B, C, E and F, with Item 16A being Resolution 032691.2 and Item 16B be'rog Resolution 032691.3. Councilman Cowman seconded the motion. The motion carried 7-0 with Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 16 D Consideration for awarding of bid for the Oak Trail drainage improvement in the amount of $74,604.53 to M-S Utilities of Rockwall, Texas. Councilman Weaver asked Staff to review the possibilities of talking to the developer of the property which caused the drainage problems to see if there was any recourse available to the City in getting a refund of some of the funds which had been expended by the City. Councilman Weaver moved to approve awarding of the bid for the Oak Trail drainage improvement in the amount of $74,604.53 to M-S Utilities of Rockwall, Texas, with the provision that Staff will talk with the developer regarding the possibility of them funding part of this expenditure. 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. EXECUTIVE SEsSION (Closed to the Public) Item 4-Es A. Article 6252-17, Section 2 (e) and Senate Concurrent Resolution Number 32, discussion with City Attorney concerning matter involving privileged communications between attorney and client. 3. Civil Service B. Article 6252-17, Section 2 (g) discussion concerning personnel. 1. City Manager The Council convened into Executive Session at 9:48 p.m. on Tuesday, March 26, 1991 as allowed under the above stated articles. Mayor Wolfe adjourned the Executive Session and opened the regular session at 11:55 p.m. REGULAR SEsSION (Open to the Public) There being no further business to come before Council, Mayor Wolfe adjourned the meeting. Wolfe, Mf ~ ATTEST: 660063