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CM 1991-09-24 MINUTES OF SEPTEMBER 24, 1991 The City Council of the city of Coppell met in regular called session on Tuesday, September 24, 1991 at 6:00 p.m. for Executive 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 Tem Peyton Weaver, Councilman David Thomas, Councilman (late arrival) Tom Morton, Councilman Jim Cowman, Councilman John Nelson, Councilman Councilman Robertson was absent from the meeting. Also present were City Manager Alan D. Ratliff, City Secretary Dorothy Timmons and City Attorney Alternate Bruce Stockard. REG~ SESSION (Open to the Public) Item i Call to Order Mayor Wolfe called the meeting to order. Item 2 Work Session: 1. Abandonment of sanitary sewer easement. 2. General discussion of agenda items. Item 3 Invocation Councilman Cowman led the invocation. Item 4 Pledge of Allegiance Mayor Wolfe led those present in the Pledge of Allegiance. EXECUTIVE SESSION (Closed to the Public) Item 5-ES A. Article 6252-17, Section 2 (f), discussion concerning the negotiating position of the City with respect to agreements involving interests in land and the value of real property. 1. Contract for Real Estate 2. Easements - Grapevine Springs Sewer Line, Fire Station Site B. Article 6252-17, Section 2 (g), discussion concerning personnel. 1. Personnel. C. Article 6252-17, Section 2 (e, Senate Concurrent Resolution Number 83, discussion with City Attorney concerning matter involving privileged communications between attorney and client. The city Council convened into Executive Session at 6:09 p.m. on Tuesday, September 24, 1991 as allowed under the above stated article. Mayor Wolfe adjourned the Executive Session and opened the Regular Session at 7:00 p.m. Councilman Thomas arrived during the Work Session at 6:30 p.m. REGULAR SESSION (Open to the Public) Item 6 Approval of Minutes: September 5, 1991 September 10, 1991 Councilman Morton moved to approve the minutes of September 5, 1991 and September 10, 1991 as submitted. Mayor Pro Tem Smother~on seconded the motion. The motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen, Weaver, Thomas, Morton, Cowman and Nelson voting in favor of the motion. Item 7 Citizen's Appearances There were no citizens who wished to speak at this time. Item 8 & 9A Consider approval of an ordinance amending the Code of Ordinances of the City of Coppell to provide additional alternate members to the Animal Control Appeal Board, the Economic and Business Development Board, the Library Board, and the Park Board, and authorizing the Mayor to sign. Councilman Morton moved to approve Ordinance No. 91-525 amending the Code of Ordinances of the city of Coppell to provide additional alternate members to the Animal Control Appeal Board, Economic and Business Development Board, Library Board, and the Park Board. Mayor Pro Tem Smothermon seconded the motion. Motion carried 6-0 with Mayor Pro Tem Smothermon, and Councilmen Weaver, Thomas, Morton, Cowman, and Nelson voting in favor of the motion. Item 9B Consider approval of a resolution designating an alternate representative to the American Red Cross as well as the City's regular representative and authorizing the Mayor to sign. Councilman Nelson moved approve Resolution 092491.1 designating an alternate representative to the American Red Cross as well as the City's regular representative and authorizing the Mayor to sign. Councilman Cowman seconded the motion; motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman and Nelson voting in favor of the motion. Mayor Wolfe then addressed the applicants and asked for them to come forward to be sworn into office. As each applicant came forward, they were introduced to the public. Those persons taking the oath of office were: Carlotta Moore - American Red Cross Representative Catherine Mooney - Animal Control Appeal Board Ron Pankey - Board of Adjustments Lanny Mayo - Board of Adjustments Carol Williams - Board of Adjustments/Alternate Mark Kemp - Building and Standards Commission William Stimson - Building and Standards Commission Mark Weisenbach - Building and Standards Commission Randy Bollig - Building and Standards Commission\Alternate Mark Pitts - Building and Standards Commission/Alternate Willian Stimson - Code Advisory and Appeal Board Randy Bollig - Code Advisory and Appeal Board Mark Pitts - Code Advisory and Appeal Board Richard Johnson - Economic and Development Board James Dippold - BconQmic and Development Board Jim Garrison ~i~E~onomic and Development Board Edward Spalding - Economic and Development Board/Alternate Barbara Baumgarten - Library Board John Hill - Library Board Kenric Hevron - Library Board Jeanne Heath - Library Board/Alternate Mitch Reitman - Library Board/Alternate Larry Wheeler - Park Board Michael Cogburn - Park Board Karl Guderian - Park Board Cheryl Colmery - Park Board William Coppola - Park Board Danny Watson - Park Board/Alternate Robert Green - Planning and Zoning Commission Lanny Mayo - Planning and Zoning Commission Marsha Tunnell - Planning and Zoning Commission Don Meador - Planning and Zoning Commission Mayor Wolfe then thanked the applicants and asked that they meet with their Staff Liaisons to sign their Oath's of Office. No further action was required on this item. 10. Discussion and approval of Library Building Program. Planning and Zoning Director Gary Sieb made the presentation to the Council. He stated the design time needed for the Library Building to be approximately 6-8 months and construction of the 28,000 square foot facility to be approximately 12-16 months with a completion date to be sometime in the fall of 1993. Citizen Melinda Surbaugh, 371 Harwell, supports the building and wants to see it built. John Hill, 321 Meadowcreek, stated the document represents a desire on the part of the citizens of Coppell to build the new Library as quickly as possible. Dale Griffiths, 538 League, stated great cities are often measured by their public facilities and this would make Coppell one of the premier cities of the mstroplex. City Manager Alan Ratliff reminded Council that the cost of the building projected in the plan is more than was approved in the bond election. Councilman Morton moved that the building study report be approved and that staff watch the cost closely. Councilman Weaver seconded the motion. The motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Cowman, Thomas and Nelson voting in favor of the motion. EXECUTIVE SESSION (Closed to the Public) Item 5-ES C. Article 6252-17, Section 2 (e, Senate Concurrent Resolution Number 83, discussion with city Attorney concerning matter involving privileged communi- cations between attorney and client. The City Council convened into Executive Session at 8:00 p.m. on Tuesday, September 24, 1991 as allowed under the above stated article. Mayor Wolfe adjourned the Executive Session and opened the Regular Session at 8:25 p.m. 11. Consider, and to the extent necessary, act upon a proposal from Dallas County which would involve Coppell's release of its present dedication right to the Grapevine Springs Park area, an agreement with Dallas County for the construction of certain improvements within the park area and a lease of the area back to the City of Coppell upon completion of the improvements. Rick Loessburg Coordinator of Planning for Dallas County made the presentation to the Council. Councilman Morton asked if there had been a cost study on improvements, Mr. Loessburg stated the approximate cost to be $58,000 to $115,000 with the reason for the large variance being the cost of erosion control. Dallas County Public Works Program anticipates having the study completed by December 1, 1991. There are 16 parking places proposed for the park area where there are only 8 now. Mayor Pro Tem Smothermon moved to approve the agreement with the addition of Section 7 that both the County and City sign off on any plans prior to construction and that if either side refuses to sign, the agreement is void. Councilman Cowman seconded the motion. Following further discussion, Mayor Pro Tem Smothermon withdrew his motion in favor of a motion to give up Coppell's claim to Grapevine Springs Park in favor of Dallas County. Councilman Cowman rescinded his second to the first motion and seconded the new motion. Councilman Nelson moved to amend the new motion that, if by some circumstances, the signing of the agreement should fall through, then the County would deed the property back to the City. Councilman Weaver seconded the amended motion. Following additional discussion, Councilman Nelson and Weaver withdrew the amendment and second to the main motion in favor of a proposed motion to table the item until the next City Council meeting. Mayor Pro Tem Smothermon and Councilman Cowman withdrew the motion and second, also in favor of a proposed motion to table this item until the next City Council meeting. Councilman Thomas then moved that this item be tabled until the October 8, 1991, City Council meeting. Councilman Weaver seconded the motion. Motion carried 4-3 with Mayor Wolfe breaking a 3-3 tie vote. Also voting in favor of the motion to table were Councilmen Weaver, Thomas and Nelson with Mayor Pro Tem Smothermon and Councilmen Morton and Cowman voting against the motion. 12. Consideration and approval of a Proclamation naming October 6- 12, 1991 as "Fire Prevention Week" in the City of Coppell and authorizing the Mayor to sign. Mayor Pro Tem Smothermon moved to approve Item 12 as stated above. Councilman Cowman seconded the motion. The motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Cowman, Thomas and Nelson voting in favor of the motion. 13. Consideration for a variance from Section 10-4-3B and 10-4-3D of the Sign Ordinance which concerns banners and signs attached to public utility poles. The variance is requested by the Coppell Fire Department for display of a banner in observance of Fire Prevention Week to be observed October 6-12, 1991. Councilman Nelson moved to approve Item 13 as stated above. Councilman Weaver seconded the motion. The motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Cowman, Thomas and Nelson voting in favor of the motion. 14. Discussion and consideration of approving a Budget Amendment Ordinance to the FY 1990-91 Budget. Deputy City Manager/Finance Director Frank Trando made the presentation to the Council. Mayor Pro Tem Smothermon clarified fund balance and funds available for the new fire station site. Councilman Weaver moved to approve the Budget Amendment Ordinance No. 91-526 to the FY 1990-1991 Budget. Councilman Thomas seconded the motion. The motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Cowman, Thomas and Nelson voting in favor of the motion. 15. Consideration and approval of an ordinance adopting the budget for Fiscal Year 1991-92 and authorizing the Mayor to sign. 76 Mayor Pro Tem Smothermon brought up a concern regarding the airport situation and possible fundingi~'~esde4~ Councilman Weaver moved to approve Ordinance No. 91-527 adopting the budget for FY 1991-92 and authorizing the Mayor to sign. Councilman Thomas seconded the motion. The motion carried 5-1 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, and Cowman voting in favor of the motion. Councilman Nelson voted against the motion. 16. Consideration of approval of an ordinance setting the tax rate for Fiscal Year 1991-92 at $.673 per $100 and authorizing the Mayor to sign. Councilmen Weaver moved to approve Ordinance No. 91-528 setting the tax rate for FY 1991-92 at $.673 per $100 and authorizing the Mayor to sign. Councilman Thomas seconded the motion. The motion carried 5-1 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, and Cowman all voting in favor of the motion. Councilman Nelson voted against the motion. 17. Consideration of an Ordinance adopting the new Fee Schedule for the City of Coppell with an effective date of October 1, 1991 and authorizing the Mayor to sign. Councilman Morton moved to approve Ordinance 91-529 adopting the new Fee Schedule for the City of Coppell with an effective date of October 1, 1991 and authorizing the Mayor to sign. Councilman Nelson seconded the motion. The motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman and Nelson voting in favor of the motion. 18. Fire Station Site: Review engineering and other feasibility tests concerning the Council's determination that the three (3) acre tract of land at the southwest intersection of Coppell Road and Sandy Lake Road is suitable for the intended use as a fire station and directing that the "notice of suitability" called for in paragraph four (4) of the addendum to the existing contract of purchase, be given, in writing, to the seller. Councilman Morton moved that this item be postponed until the October 8 City Council Meeting. Mayor Pro Tem Smothermon seconded the motion. The motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Cowman, Thomas and Nelson voting in favor of the motion. 19. Consideration of approving a contract with Barton-Aschman & Associates, Inc. to provide traffic engineering on two (2) signal warrant studies and seven (7) Multiway Stop Sign Analyses in the amount not to exceed $12,771.00, and authorizing the City Manager to sign. Councilman Morton moved to approve the contract with Barton-Aschman & Associates, Inc to provide traffic engineering on two (2) signal warrant studies and seven (7) Multiway Stop Sign Analyses not to exceed $12,771.00 including any out-of-pocket or incidental expenses and authorize the City Manager to sign. Councilman Cowman seconded the motion. The motion carried 4-3 with Councilmen Thomas, Morton and Cowman voting in favor of the motion and Mayor Pro Tem Smothermon, Councilmen Nelson and Weaver voting against the motion with Mayor Wolfe breaking the tie. 20. Consideration and approval of a preliminary plat request for Turnberry Village, located south of Sandy Lake Road, and east of the extension of Riverchase Drive, at the request of Huffines and Partners, Inc. Mayor Pro Tem Smothermon excused himself from this item for possible Conflict of Interest. Planning and Zoning Director Gary Sieb made a presentation to the Council. Mr. Sieb stated that this is a 31.6 acre tract of ground proposed as a preliminary plat located in Riverchase development. The corrected plat is marked "Exhibit A". Mike Daniel, 1800.North Central, Dallas, an engineer representing the applicant, was present to discuss this request with Council. Don Huffines, 216 W. Main, Lewisville, stated the Homeowner's Association would be a subdivision Homeowner's Association (Turnberry Village) of the Riverchase Master Homeowner's Association. Mr. L. H. Lebowitz was also present representing this item. Councilman Nelson moved to approve the preliminary plat request for Turnberry Village including a copy of the Master Association minutes and also that four items from the ~ Planning & Zoning Commission be incorporated as Exhibit A. Councilman Cowman seconded the motion. Councilmen Nelson amended the motion to include a brick wall along Riverchase Boulevard on the West side of the subdivision. The motion carried 4-1 with Councilmen Thomas, Morton, Cowman and Nelson voting in favor of the motion and Councilman Weaver voting against the motion. 21. PUBLIC HEARING: Consideration of a zoning change request, Case #PD-118, from (SF-9) Single-Family-9, to (PD-SF-9) Planned Development Single-Family-9, on property located approximately 2,110 feet south of Sandy Lake Road, along the west side of Riverchase Drive, and containing 47.015 acres, at the request of Heath and Knight Properties, prospective purchaser. Mayor Pro Tem Smothermon excused himself from this item for possible Conflict of Interest. Planning and Zoning Director Gary Sieb made the presentation to the Council stating there are 160 lots instead of the 106 lots in this tract of ground. He also proposed a plan to include a berm at the linear park intersection with MacArthur to obstruct view of the linear park under the high- power lines easement. Mr. L. H. Lebowitz, 3918 University, Dallas and Ken Murchison, 4123 North Central, Dallas stated they would be happy to answer any questions the Council may have. Sam Wise .--% representing Heath and Knight properties, 16660 Dallas Parkway, Dallas spoke in favor of the request and stated there is a Master Homeowner's Association which provides for individual communities to have separate Homeowner's Associations. Councilman Nelson moved to approve Item 21 with the three stipulations recommended by the Planning & Zoning Commission and also that any landscaping must be completed by developer and maintained by a homeowner's association. Motion was denied with Councilmen Thomas, Cowman and Nelson voting in favor of the motion and Councilmen Weaver and Morton voting against the motion. Councilmen Morton moved to approve zoning change request, Case #PD-118, with three conditions being met and any landscaping placed be irrigated and any houses abutting the golf course have fences as described by the applicant. Councilman Thomas seconded the motion. The motion carried 5-0 with Councilmen Weaver, Thomas, Morton, Cowman and Nelson voting in favor of the motion. 22. Consideration and approval of a preliminary plat request for Riverchase Estates Addition (PD-118), located approximately 2,110 feet south of Sandy Lake Road, along the west side of Riverchase Drive, at the request of Heath and Knight Properties. Mayor Pro Tem Smothermon excused himself from this item for ._~ possible Conflict of Interest. Planning and Zoning Director Gary Sieb made the presentation to the Council requesting approval of Item 23 with the following two conditions: 1. No alleys on golf course lots 2. Riverchase Drive must be completed all the way through Councilman Morton moved to approve Item 22 preliminary plat request Case # PD-118 and to include the three conditions discussed in Item 21, along with above two conditions and any landscaped placed will be irrigated and any houses abutting the golf course have fences as described by the applicant; and also there be a minimum 2,000 sq ft air conditioned house size. ,~ounc£1man Thomas seconded the motion. The motion carried with Councilmen Weaver, Thomas, Morton, Cowman and Nelson voting in favor of the motion. 23. Consideration and approval of an Historic District Zoning Ordinance. Planning and Zoning Director Gary Sieb made the presentation to the Council. Mr. Sieb stated that we should take a look at the text that will be included in the Historic District Zoning Ordinance. He indicated a clarification should be made in Section 3 to state that one of the five board members will serve as the Historic Preservation Officer. Lindy Thomas, 513 Parkview Place, Chairman of the Coppell Historic District Committee, stated that after a two-year study, the committee determined Coppell is interested in preserving the old town area. Councilman Nelson moved to approve the Coppell Historic District Zoning Ordinance text with one amendment in Section 3 that one of the five board members serve as the Historic Preservation officer. Councilman Cowman seconded the motion. The motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Cowman, Thomas and Nelson voting in favor of the motion. 24. Consideration and approval of a resolution establishing a policy to determine the placement of city employees when implementing a new compensation plan. Assistant City Manager/Personnel Director Vivyon Bowman made the presentation to the Council. He stated a resolution is necessary to ensure that all employees are given necessary consideration as to appropriate placement on a new compensation plan. Mayor Pro Tem Smothermon moved to approve Resolution 092491.2 establishing a policy to determine placement of City employees when implementing a new compensation plan. Councilman Morton seconded the motion. Motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman and Nelson voting in favor of the motion. 25. Discussion by City Manager of report related to the personnel policy study. City Manager Alan D. Ratliff made the presentation to Council and stated that he understands that Council would like to respond to these employee concerns very quickly, but he is somewhat concerned that if we act too hastily, he might overlook some significant element, underestimate the impact of the change on the operation of the organization, or create a possible negative impact on other policies and practices. The report indicated that "interpretive and/or administrative action" was the basis of much of the concern expressed by the employees, which is the result of not having standard operating procedures (SOPS) which correspond to the policies, as well as lack of training and enforcement of policies. Council stated a concern about not knowing anything on this issue until the 19th week. Council requested that all employees be made aware that this process is a long-term item. Council also requested that employee manuals be provided to Council and each employee as it now exists. It was the consensus of Council to stay with the long-term repair of the employee manual and stay with City Manager Alan D. Ratliff's time recommendation. 26. Mayor's Report A) Mayor Wolfe informed Council that recycyling is changing on October 1, 91, and that a 30 member group studied this project. B) Mayor Wolfe stated that he, Councilmen Weaver and Morton met with Irving City Council on the airport issue, and more about this issue will be discussed ,in Executive Session. C) Mayor Wolfe stated that the Metrocrest Legislative Meeting is Thursday morning at 7:30 a.m. D) Mayor Wolfe discussed the Big Ball Tournament and stated that although Coppell did not win, they had a great time. E) Mayor Wolfe changed the date of Students in Government from October 8, 1991 to November 12, 1991. F) Mayor Wolfe discussed information regarding the newspaper rack ordinance and stated that it will be published and effective this Friday. G) Mayor Wolfe said there is a parking problem in Andy Brown Park. There are no parking guidelines, but the Park Department is working on a solution and will be bringing something forward in the next few weeks. Council requested Staff to ask the Soccer Association for volunteers. H) City Manager Alan D. Ratliff introduced Luis Castillo, Administrative Intern, employed through the North Central Texas Council of Governments and has 10 years experience as a police officer. I) Mayor Wolfe stated that in a meeting with other cities around Coppell, they have a separate work session. He suggested a separate meeting once a month possibly on a Tuesday at 5:00 or 5:30 p.m. J) Mayor Wolfe discussed Home Rule Charter amendment elections with a possibility of one being November 5. This would mean having a special meeting this Saturday, September 28 at 9:30 a.m. Attorney Bruce Stockard gave a recap of possible charter amendments. K) Councilman Morton requested that the Connell tract be cleaned. L) Councilman Morton requested outside storage area behind Jewel Osco be cleaned. M) Councilman Morton notified Council he received a copy of the 10-16-91 FEMA map of the City of Coppell. Item 27 Liaison Report's 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 reDort 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. F) FINANCE There was no report at this time. G) LIBRARY There was no report at this time. H) METROCREST RED RIBBON CAMPAIGN COMMITTEE (DRUG AWARENESS) The Red Ribbon Campaign for drug prevention kick off is October 23. Everyone is asked to wear red that day and give their support. I) MUD ABSORPTION There was no report at this time. J) NCTCOG There was no report at this time. K) PARK Signage will be addressed at the next Park Board meeting on October 7, 1991. L) RECYCLING COMMITTEE There was no report at this time. M) SCHOOL There was no report at this time. CONSENT AGENDA Item 28 A. Consideration of approving three (3) drainage easements and two (2) sanitary sewer easement dedication documents, regarding Heartz Road Improvements, by the ABQ Federal Savings Bank and authorizing the Mayor to sign. B. Consideration of approving an Escrow Agreement with Pulte Homes of Texas for street assessment in the amount of $72,900 for Coppell Road, and authorizing the Mayor to sign. C. Consideration of approving a resolution supporting the Traffic Light Synchronization program and authorizing the Mayor to sign. D. Consideration to award bid for an annual contract for cold lay asphalt material to Vulcan Materials Company. E. Consideration for awarding a bid for the repair of Subgrade Failures to Westhill Terrace, Inc., for a total not to exceed $92,785.00. F. Consideration to award bid for an annual contract for crushed or broken aggregate material to Marock, Inc. G. Consideration for awarding a bid for an annual contract for the purchase of sign material to Sargent Sowell, Roadrunner Traffic Supply, Price Or,,,181 Barricade and Signal Company, Inc., Highway Signs and Paint. H. Consideration to award bid for an annual contract for hot mix asphalt material to Reynolds Asphalt. I. Consideration of an ordinance abandoning a sanitary sewer easement no longer necessary for city services, generally located at the northwest corner of Sandy Lake Road and Heartz Road, and authorizing the Mayor to sign. Councilman Weaver requested Item A be pulled from the Consent Agenda. Mayor Pro Tem Smothermon moved to approve Items 28 B through 28 I with 28 C carrying Resolution #092491.3, and 28 I carrying Ordinance # 91530. Councilman Morton seconded the motion. The motion carried with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Cowman, Thomas and Nelson voting in favor of the motion. Mayor Pro Tem Smothermon moved to deny Item 28 A. Councilman Morton seconded the motion; motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Cowman, Thomas and Nelson voting in favor of denying the motion. EXECUTIVE SESSION (Closed to the Public) Item 5-ES A. Article 6252-17, Section 2 (f), discussion concerning the negotiating position of the City with respect to agreements involving interests in land and the value of real property. 1. Contract for Real Estate 2. Easements - Grapevine Springs Sewer Line, Fire Station Site B. Article 6252-17, Section 2 (g), discussion concerning personnel. 1. Personnel. C. Article 6252-17, Section 2 (e, Senate Concurrent Resolution Number 83, discussion with City Attorney concerning matter involving privileged communications between attorney and client. The City Council convened into Executive Session at 11:43 p.m. on Tuesday, September 24, 1991 as allows under the above stated article. Mayor Wolfe adjourned the Executive Session at 12:28 p.m. There being no further business to come before the Council, the meeting was adjourned. May~' ATTEST: ~orothy~imm'on.~, City Secretary