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CM 1991-12-10 MINUTES OF DECEMBER I0, 1991 The City Council of the City of Coppsil met in regular called session on Tuesday, December 10, 1991 at 5:00 p.m. in the City Council Chambers 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 Tom Morton, Councilmen Jim Cowman, Councilman Ron Robertson, Councilman John Nelson, Councilman Also present were Frank Trando, Deputy City Manager/Finance Director, City Secretary Dorothy Timmons, and City Attorney Lawrence W. Jackson. City Manager Alan D. Ratliff was absent due to recent surgery. REGULAR SESSION (Open to the Public) Item 1 Call to order Mayor Wolfe called the meeting to order. Item 2 Work session I. Users Fee 2. Andrew Brown Park Additional Parking 3, Creative Playground 4. Grapevine Springs 5. Kay Tiller, Public Relations - bid award 6. Economic & Development Board - School Liaisons/ Alternate Members 7. Chaucer Estates zoning case 8. Sale of City property - Freeport/Southwestern Railroad 9. Sand Point Zoning and preliminary plat 10. Passage of Wright Amendment 11. Recycling report 12. General discussion of agenda items Item 3 Invocation Mayor Pro Tem Smothermon led those present in 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), discuss/on concerning the negotiating position of the City with respect to agreements involving interests in land and the value of real property. 1. Lots 8 & 9, Block F, Northlake Woodlands No. 12 B. Article 6252-17, Section 2(e), Senate Concurrent Resolution Number 83, discussion with City PAGE I OF 9 Attorney concerning matter involving privileged communications between attorney and client. 1. Newsstands 2. Denton Creek Levee C. Article 5252-17, Section 2(g), discussion concerning personnel. 1. Grapevine Creek Right-of-Way Sanitary Sewer Trunk Main Project City Councll convened into Executive Session at 5:04 p.m. on The Tuesday, December 10, 1991 as allowed under the above stated article. Mayor Wolfe adjourned the Executive Session and opened the Work Session at 6:19 p.m. which was followed by the Regular Session at 7:00 p.m. REGULAR ~ESSION (Open to the Public) Item 6 Approval of minutes: November 26, 1991 Councilman Morton moved to approve the minutes of the November 26, 1991 City Council meeting as submitted. Mayer Pro Tem Smothermon seconded the motion; 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 7 Citizen's Appearances There were no citizens who wished to speak at this time. Item 8 Appearance by Mr. Homer Terry, Assistant Superintendent of Personnel for the Coppell Independent School District, to make a presentation thanking the City Council for funding the Police Officer Liaison program for the 1991-92 school year. Homer B. Terry, Assistant Superintendent for Personnel for the Coppell Independent School District, made a presentation to the City Council. Mr. Terry expressed appreciation for the City's efforts, and to the City Council, for funding the Police Officer Liaison program for the 1991-92 school year. Appreciation was expressed to the Coppell Police Department for providing the students with drug abuse education, bicycle and automobile safety information, respect for law officials and authorities, and an understanding of the legal process of American society. Dr. Pam Griffin, Director of Student Services, and Vernon Edin, Principal Coppell Middle School, also made a presentation and expressed their appreciation to Mayor Wolfe, City Council, Chief McKinney, Captain Nix and Officer Ledet. No action was required on this item. Item 9 Consideration and approval of awarding Bid No. Q 0991-02 for media relations to Kay Tiller Public Relations as recommended by the Economic and Business Development Board. Councilman Morton moved to approve awarding Bid No. Q 0991-02 for media relations to Kay Tiller Public Relations as recommended by the Economic and Business Development Board. Councilman Nelson seconded the motion; motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson, and Nelson voting in favor of the motion. PAGE 2 OF 9 Item 10 PUBLIC NEARING: Consideration and approval to initiate a users fee in the amount of $10.00 for each participant per athletic season utilizing the City maintained athletic facilities. Mayor Wolfe declared the Public Hearing open and asked for those persons who wished to speak against the proposed agenda item. Those persons speaking were Jim Shaw of 180 Highland Meadow and President of the Coppell Soccer Association, who presented a petition signed by those citizens opposed to the proposed users fee. Mayor Wolfe then asked for those persons who wished to speak in favor of the proposed agenda item. There were none. Mayor Wolfe then declared the public hearing closed. Bill Markum, President of the Baseball Association, of 200 Heather Glen expressed his appreciation to Rick Weiland, Parks and Recreation Manager, for his support and help to the Baseball Association, and Darcy Patterson of 428 Letzure Lane expressed her appreciation to the Park Board and to Councilman Robertson. Mayor Wolfe stated that this proposal was discussed in Work Session with a strong consensus of Council to deny implementation of user fees. No action was required on this item. Item 11 Consideration and approval to authorize the implementation of a User's Fee for participants utilizing City maintained athletic facilities effective January 1, 1992. Councilman Robertson moved to deny the implementation of a User's Fee for participants utilizing City maintained athletic facilities effective January 1, 1992. Councilman Cowman seconded the motion; motion to deny 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 Discuss/on and consideration of transferring funds from Park Donations to Con.unity Foundation of Texas, Inc. - Metrocrest Fund (Coppell Creative Playground Committee). Councilman Robertson moved to approve the transferring of funds in the amount of $250.00 from Park Donations to Co.unity Foundation of Texas, Inc. - Metrocrest Fund (Coppell Creative Playground Committee). Mayor Pro Tem Smothermon seconded the motion; 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 PUBLIC HEARING: Consideration and approval of a zoning change Case #PD-116R (Chaucer Estates Addition) from (TC) Town Center to (PD-SF-7) Planned Development Single-Family-7, located at the northwest corner of Sandy Lake Road and Heartz Road, at the request of Alpine Development. Mayor Wolfe stated that the Public Hearlng was left open from November 26, 1991 City Council meeting. He asked for those parsons who wished to speak against the proposed zoning change. There were none. He then asked for those persons who w/shed to speak in favor of the proposed zoning change. Again, there were none. Mayor Wolfe then declared the Public Hearing closed. Gary Steb, Director of Planning and Co.unity Service, made a presentation and stated that Harry Hargrave will be representing the new applicant, Wllbo Peck, Hunnington Homes, Sanders and Associates in lieu of the previous developer Alpine Development. Mr. Hargrave addressed the Council and stated that the price of the homes in this addition will range from $278,000 to $325,000. Following discussion, Councilman Nelson moved PAGE 3 OF 9 to approve zoning change Case #PD-116R (Chaucer Estates Addition) from (TC) To~n Center to (PD-SF-7) Planned Development Single-Family-?, located at the northwest corner of Sandy Lake Road and Heartz Road. Councilman Morton seconded the motion; motion carried 7-0 with Mayor Pro Tam Smothermon and Councilmen Weaver, Thomas, Morton, Co,man, Robsrtson and Nelson votinĀ§ in favor of the motion. Item 14 Consideration and approval of a preliminary plat, for Chaucer Estates Addition, located at the northwest corner of Sandy Lake Road and Heartz Road, at the request of Alpine Development. Following discussion, Mayor Pro Tam Smothermon moved to approve the preliminary plat for Chaucer Estates Addition, located at the northwest corner of Sandy Lake Road and Heartz Road, with renderings attached as part of application. Councilman Nelson seconded the motion; motion carried 7-0 with Mayor Pro Tam Smothermon and Councilmen Weaver, Thomas, Morton~ Co,man, Robertson, and Nelson voting in favor of the motion. Item 15 PUBLIC HEARING: Consideration aud approval of a zoning change, Case #S-1055, from (R) Retail, to (R-SUP) Retail Special Uae Permit, to allow the operation of an office and floral shop, located at 420 Bethel Road, at the request of Mrs. Joy Onstott. Mayor Wolfe declared the Public Hearing open. He asked for those persons who wished to speak against the proposed zoning change. There were none. He then asked for those persons who wished to speak in favor of the proposed zoning change. Again, there were none. Mayor Wolfe then declared the public hearing closed. Lindy Thomas of 514 Parkview Place representing the Coppell Historical Committee addressed the Council pertaining to this item. Fo/lowing discussion, Councilman Nelson moved to approve the zoning change Case #S-1055 from (R) Retail to (R-SUP) Retail Special Use Permit to allow the operation of an office and floral shop, located at 420 Bethel Road, at the request of Mrs. Joy Onstott. Councilman Thomas seconded the motion; motion carried 7-0 with Mayor Pro Tam Smothermon, Councilmen Weaver, Thomas, Morton, Cowman, Robertaon and Nelson voting in favor of the motion. Item 16 PUBLIC HEARING: Consideration and approval of a zoning change, Case #S-1056, from (C) Commercial, to (C-SUP) Com~ercial Special Use Permit, to allow the operation of a restaurant, located at 150 S. Denton Tap Road, at the request of Mr. Michael Herschmann. Gary Sieb, Director of Planning and Community Service, made the presentation to the Council. Lawrence Steinburg, representing the applicant, Michael Herschmann, also made a presentation to the Council in reference to Jacky Chan Chinese Restaurant. Mayor Wolfe declared the Public Hearing open and asked for those persons who wished to speak against the proposed zoning change. There were none. He then asked for those persons who wished to speak in favor of the proposed zoning chan~e. A~ain, there were none. Mayor Wolfe then declared the Public Hearing closed. Following discussion, Mayor Pro Tam Smothermon moved to approve zoning change Case #S-1056 from (C) Commercial to (C-SUP) Commercial Special Use Permit to allow the operation of a restaurant, located at 150 S. Denton Tap Road. Councilman Cowman seconded the motion; motion carried 7-0, with Mayor Pro Tam Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Rohertson, and Nelson voting in favor of the motion. Item 17 PUBLIC HEARING: Consideration and approval of a zoning chan~s, case #ZC-533, (Sand Point Estates) from (SF-12) PAGE 4 OF 9 Single-Family-12, to (SF-9) Single-Family-9, for the construction of single family .... homes, located along the north side of Sandy Lake R0~d, ~St of Heartz Road, and west of Lodge Road, at the request of CCM Engineering. Gary Sieb, Director of Planning and Community Service, made the presentation to the Council. Chris Kuuntng, representing the applicant, and Frank Bamburg, applicant, also addressed the Council. Mayor Wolfe then declared the Public Hearing open and asked for those persons who wished to speak against the proposed zoning change. There were none. He then asked for those persons who wished to speak in favor of the proposed zoning change. Again, there were none. Mayor Wolfe then declared the Public Hearing closed. Following discussion, Councilman Weaver moved to approve zoning change Case #ZC-533 (Sand Point Estates) from (SF-12) Single-Family-12 to (SF-9) Single-Family-9 for the construction of single family homes, located along the north side of Sandy Lake Road, east of Hearts Road, and west of Lodge Road. Councilman Morton seconded the motion; 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 18 Consideration and approval of a preliminary plat for Sand Point Estates, located along the north side of Sandy Lake Road, east of Hearts Road, and west of Lodge Road, at the request of CCM Engineering. Following discussion, Mayor Pro Tem Smothermon moved to approve a preliminary plat for Sand Point Estates, located along the north side of Sandy Lake Road, east of Hearts Road, and west of Lodge Road. Councilman Rohertson seconded the motion; 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 19 A. Consideration and approval to authorize the expenditure of $15,629.00 to provide for the construction of additional parking at Andrew Brown Park. B. Consideration and approval to authorize the variance to the City of Coppell Subdivision Ordinance, Appendix A. Section I, (D)(1)(J) to allow the use of an alternate surface to be used in the construction of additional parking at Andrew Brown Park. Following discussion, Councilman Morton moved to approve item 19-A authorizing the expenditure of $15,629.00 to provide for the construction of additional parking at Andrew Brown Park. Councilman Nelson seconded the motion; motion carried 7-0, with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson, and Nelson voting in favor of the motion. Councilman Nelson moved to approve item 19-B authorizing a variance to the City of Coppell Subdivision Ordinance, Appendix A. Section I, (D)(1)(J) to allow the use of an alternate surface to be used in the construction of additional parking at Andrew Brown Park. Mayor Pro Tem Smothermon seconded the motion; 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 20 Consideration and approval of the sale of City property located in the southwest corner at the intersection of Freeport Parkway and St. Louis & Southwestern Railroad, to Catellus Development Corporation at its appraised fair market value. PAGE 5 OF 9 Steve Goram, Director of Public Works, made the presentation to the Council. Following discussion, Councilman Robertson moved to approve the sale of City property located in the southwest corner at the intersection of Freeport Parkway and St. Louis & Southwestern Railroad to Catellus Development Corporation and begin negotiations for not less than appraised market value. Council Cowman seconded the motion; motion carried 7-0 with Mayor Pro Tem Smothermon, Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 21 Mayor's Report Mayor Wolfe reported on the following issues: A. Mayor Wolfe informed those present that he had been misquoted by the Coppe11 Gazette on rezoning of property for use for multi-family dwellings, and that he is not pushing for this development. B. Councilman Weaver, and John Gustoffson, Texas Waste Management, addressed the Council and requested to delay the implementation of one (1) day a week recycling until they go back to twice a week garbage pick-up. Texas Waste Management responded to questions of Council. C. Assistant City Manager/Personnel Director Vivyon V. Bowman introduced Councilmen Morton and Robertson, Personnel Study Committee, who made a presentation to the Council and reviewed changes made in the following Policy Statements: i. Attendance 2. Outside Employment 3. Inclement Weather 4. City Property/Equipment D. Mayor Wolfe informed those present of the Mayor's Forum scheduled for Monday, January 6, 1991. Items to be discussed will be tax issues re: State Civil Service costs. E. Mayor Wolfe informed the Council of the Christmas Party to be given by Commissioner Jackson on December 12, 1991 and encouraged Council to attend. F. A community reception is being scheduled for staff, citizens and friends to meeting the new Fire Chief Clay Phillips and City Engineer Ken Griffin on Tuesday December 17, 1991. Go A special called City Council meeting is scheduled for Tuesday December 17, 1991 at 5:00 p.m. in the Council Chambers. H. Mayor Wolfe reminded the Council of the Donkey basketball game sponsored by Coppell ISD on February 8, 1992 at Coppell High School. I. Councilman Nelson stated that the Coppell Community Theatre will be presenting "A Christmas Carol" the weekend before Christmas, December 21, and the weekend after Christmas, December 28, 1991 at Coppell High School Theatre. J. Councilman Robertson stated that representatives from the YMCA met with George Chaddick concerning the new location of the Coppell YMCA. K. Councilmen Weaver and Morton informed Council of legislation which grants legislative leave to lobby for police and fire civil service which has been approved with restrictions and presently applies only to cities over 200,000 population, and the Committee has re-formed to oppose civil service in the City of Coppell. PAGE 6 OF 9 Item 22 Liaison Reports A. ARCHITECTURAL REVI~ COMMITTEE FOR TO~N CENTER There was no report at this time. B.CHAMBER OF COMMERCE COMMITTEE There was no report et this time. C. COPPELL HISTORIC DISTRICT There was no report at this time. D. DALLAS CENTRAL APPRAISAL DISTRICT There was no report at this time. E.ECONOMIC AND BUSINESS DEVELOPMENT BOAPJ) There was no report at this time. F. FINANCE COMMITTEE Mayor Pro T~m Smothermon reported that the Finance Committee had met on December 9, 1991 and reviewed the audit. Management letter comments ars down to less than one page; accounting records and assistance of City staff is the best they have seen. The General Fund balance at the end of the fiscal year was $989,000. CABLE STUDY COMMITTEE Mayor Pro Tem Smothermon reported that the Committee has met and a public hearing is being scheduled for January 21, 1992. Any additional input the Council may have should be submitted to Mayor Pro Tem Smothermon. This issue will be presented to Council the first meeting in February, 1992 for franchise renewal. G. LIBRARY BOARD Councilman Weaver reported that a meeting had been held with the Library Consultant. N. METROCREST RED RIBBON CAMPAIGN COMMITTEE (Drug Awareness) There was no report at this time. I. MUD ABSORPTION There was no report at this time. J. NCTCOG (North Central Texas Council of Governments) There was no report at this time. K. PARK BOARD There was no report at this time. PAGE 7 OF 9 L. RECYCLING COMMITTEE There was no report at this time. M. SCHOOL BOARD A joint meeting has been tentatively scheduled for January, 1992. N. PERSONNEL COMMITTEE Council was requested to look at draft policies and get comments to Councilmen Robertson and Morton prior to their weekly Friday meetings. These Policy Statements will then be placed on the Consent Agenda. O. CABLE COMMITTEE Councilman Cowman stated that ha helped host a reception at Pecan Hollow where Buzz Nezbitt, Paragon Cable, stated that the the residents of Pecan Hollow will be receiving cable by the end of December, 1991. Marsha Tunnell, Planning and Zoning Commission member, is the public relations person for Paragon Cable TV. ~ONSENT AGENDA Item 23 A. Consideration for formal acceptance of the Village Parkway Pump Station Landscaping Project and public notice of final payment to Landscape Design and Construction, Inc. in the amount of $5,619.80 including the release of all retainage. B. Consideration for awarding of bid for purchase of water meters to various firms not to exceed $56,900.00. C. Consideration of a request by Steve Fandre, representing the CoppelI High School Sports Booster Club to permit a van with loud speakers to travel through Coppell neighborhoods announcing a Donkey basketball game on February S, 1992, and to further solicit participation of City Council to field a team for this event. D. Consideration of a Resolution to allow the use of the old Kwik Mart structure at 120 South Denton Tap until January 10, 1992 as a temporary sales structure in conjunction with a Chrlstnms Tree Sales Lot at that address. The request is made by Mr. Bruce Dietz of Seasons Color, Inc. E. Consideration of approving a resolution in support of continued funding by the Texas Water Development Board for the Upper Trinity River feasibility study, and authorizing the Mayor to sign. F. Consideration and approval of an Ordinance authorizing and allowing, under the TMRS Act governing the Texas Municipal Retirement System, "Updated Service credits" in said System on an annual basis for service performed by qualifying members of such system within the City of Coppell and also providing for increased prior and PAGE 8 OF 9 current service annuities for retirees and beneficiaries of deceased retirees of the City of Coppell. G. Consider adoption of a Resolution appointing Election Judges for Saturday, January 18, 1992 for vOting "For" or "Against" the Proposition "Adoption of Fire Fighters and Police Officers Civil Service Law." H. Consideration of a resolution authorizing the Mayor to execute a partial release of assessment lien under assessment certificate #90-145, releasing the assessment lien on 15.537 acres out of the original tract owned by the Baptist Foundation of Texas in consideration of heretofore payment to the City of $17,118.40 on said assessment certificate #90-145. I. Consideration of a variance from Section 10-4-3 J of the Sign Ordinance which concerns off-premise signs. The variance is for signs advertising the Coppell Community Theatre production of "A Christmas Carol" and is requested by Councilman Nelson. J. Consideration of an ordinance granting Waterford at Lake Park Owners Association, Inc., a franchise agreement on 2 1/2 foot strip of MacArthur Boulevard right-of-way for construction and maintenance of masonry screening wall. Mayor Pro Tem Smothermo~ moved to approve Items 23A, 23B, 23C, 23D carrying Resolution number 121091.1, 23E carrying Resolution number 121091.2, 23F carrying Ordinance number 91534, 23C carrying Resolution number 121091.3, 23H carrying Resolution number 121091,4, 23I, and 23J carrying Ordinence 91535 and authorizing the Mayor to sign. Councilman Morton seconded the motion; motion carried 7-0, with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson, and Nelson voting in favor of the motion. There being no further business to come before Council, the meeting was adjourned. Mark Wolfe, Mayor/~ ATTEST: Dorothy Ti~s,~--ffity Secretary PAGE 9 OF 9 MINUTES 121091 MNTS3