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CM 1992-03-10 MINUTES OF MARCH 10, 1992 The City Council of the City of Coppell met in Regular Called Session on Tuesday, March 10, 1992 at 7:00 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, Councilman Jim Cowman, Councilman Ron Robertson, Councilman John Nelson, Councilman Also present were City Manager Alan D. Ratliff, City Secretary Dorothy Timmons and City Attorney Lawrence W. Jackson. REGULAR SESSION (Open to the Public) Item 1 Call to order Student Mayor Nick Morelli (Mayor Wolfe) called the meeting to order. Item 2 Work Session 1. Students in Government - procedure for tonight's agenda 2. Snow cone request 3. Library site status report 4. Radio equipment 5. School site 6. Riverchase zoning ordinance 7. Mockingbird stop signs Item 3 Invocation Student Representative Nefertiti Williams led those present in the Invocation. Item 4 Pledge of Allegiance Student Representative Nefertiti Williams led those present in the Pledge of Allegiance. Mayor Mark Wolfe and Student Mayor Nick Morelli then welcomed citizens, parents and teachers to the meeting. Participants in the Students in Government Program were from Coppell Middle School Eighth Grade. Mayor Wolfe introduced the Student Council Members who were representing the Mayor, City Council, City Manager, City Secretary, and City Attorney; and a brief statement on each student. Those students and their Council counterparts were as follows: Nick Morelli, Mayor (Mark Wolfe) Ashley Dowdy, Mayor Pro Tem (Bill Smothermon) Michael Holder, Council Member (Peyton Weaver) Laura Baggett, Council Member (David Thomas) Jordan Walker, Council Member (Tom Morton) Troy Griffin, Council Member (Jim Cowman) Shannon Ensom, Council Member (Ron Robertson) Chrissy Mayo, Council Member (John Nelson) Rachel Mohr, City Manager (Alan D. Ratliff) Dawn George, City Secretary (Dorothy Timmons) Vivian Saldana, City Attorney (Lawrence W. Jackson) Nefertiti Williams, Student Representative (Invocation, Pledge of Allegiance & Citizens Appearance) CM031092 Page 1 of 12 ~'~ ~ ~~?"~i'~U~ 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. Grapevine Trunk Sewer Line B. Article 6252-17, Section 2 (e), Senate Concurrent Resolution Number 83, discussion with City Attorney concerning matter involving privileged communications between attorney and client. 1. Report from Larry Jackson on D/FW Expansion 2. Status of lawsuits C. Article 6252-17, Section 2 (g), discussion concerning personnel. 1. Park Board alternate appointment 2. City Manager's evaluation The City Council convened into Executive Session at 5:06 p.m. as allowed under the above stated articles. Mayor Wolfe adjourned the Executive Session at 5:40 p.m. and opened the public session. REGULAR SESSION (Open to the Public) Item 6 Approval of Minutes: February 17, 1992 Council Member Ensom (Robertson) moved to approve the minutes of February 17, 1992 as submitted. Council Member Mayo (Nelson) seconded the motion. The motion carried 7-0, with Mayor Pro Tem Dowdy (Smothermon) and Council Members Holder (Weaver), Baggett (Thomas), Walker (Morton), Griffin (Cowman), Ensom (Robertson) and Mayo (Nelson) voting in favor of the motion. Item 7 Citizen's Appearances Student Representative Nefertiti Williams presented information on the stop sign placement on Mockingbird Lane. Williams suggested that the council keep the stop signs, reduce the speed limit and widen the school zone area. Item 8 Considerations of approval of a resolution declaring March 10, 1992 as "Students in Government Day" in the City of Coppell and authorizing the Mayor to sign. Student Representative Nefertiti Williams read the presentation. Mayor Nick Morelli (Wolfe) recognized Principal Vern Edin, and Sth Grade Teachers Diane Eberhardt, Jane Lake, and John Sullivan. Council Member Walker (Morton) moved to approve Resolution 031092.1, to declare March 10, 1992 as "Students in Government Day" in the City of Coppell. Council Member Mayo (Nelson) seconded the motion. The motion carried 7-0, with Mayor Pro Tem Dowdy (Smothermon) and Council Members Holder (Weaver), Baggett (Thomas), Walker (Morton), Griffin (Cowman), Ensom (Robertson) and Mayo (Nelson) voting in favor of the motion. Item 9 Student Mayor's Report A. Student Mayor Morelli (Wolfe) announced the kick-off of the funding of Coppell's Creative Learning Playground as Friday, March 13, 1992 at 4:00 p.m. at the First Coppell Bank. B. Student Mayor Morelli (Wolfe) reminded all regarding the issue of recycling and trash pick up. Beginning April 1, 1992, trash pick up will be returned to two times per week and one time for recycling. Mayor Morelli reported that there is a strong support among the students that this schedule be made permanent and not return to the revised schedule next winter. Mayor Wolfe requested to place this item on the agenda for the March 24, 1992 Council Meeting. CM031092 Page 2 of 12 C. Council Member Ensom (Robertson) reported on the YMCA. The YMCA has finalized an agreement on the property located at Samuel and Sandy Lake Road. The opening day is scheduled for Wednesday, April 1, 1992 and the Grand Opening is scheduled for Saturday, April 25, 1992. D. Council Member Baggett (Thomas) indicated that Danny Watson, Park Board Member, had given the Park Board an update on the progress of the community playground. An architect's rendering was presented to show the proposed design of the Robert Leathers playground. Watson said that the tentative date to begin construction is October 21, 1992. Council Member Baggett (Thomas) announced that at the next Council Meeting the Historical Committee will be bringing forth the list of nominees for the permanent Historical Committee of Coppell. E. Council Member Mayo (Nelson) announced that he had attended the Advisory Meeting for Early Planning of the Metroplex Mayor's Breakfast advising on National Day of Prayer. Council Member Mayo (Nelson) announced the National Day of Prayer will be May 7, 1992 from 7:30 a.m to 9:00 a.m., with the location being announced at a later date. Council Member Mayo (Nelson) announced that last week Councilman Nelson and Library Board President John Hill were on a panel speaking to citizens in Northeast Texas in regard to procedures and politics of funding and building a library. F. City Manager Mohr (Ratliff) announced that the Region 13 Semi- Annual Meeting of the Texas Municipal League is scheduled for April 9, 1992, in the city of Parker. Dinner speaker will be Dale Hansen of Channel 8 Sports, who will speak on teamwork, life and the city government. Beginning at 2:30 p.m., the TML General Council and the Director of Texas Attorney General's Municipal Government Division will conduct two educational sessions; Recent Court Cases Impacting Texas cities and Legal Questions and Answers. RSVP through Mr. Ratliff prior to March 31, 1992. The cost is $35.00 per person. City Manger Mohr (Ratliff) announced that Paragon Cable will no longer carry Home Sports Entertainment after March 31, 1992. According to the operations Vice President, Buz Nesbit, the deletion of HSE was required because the network refused to allow Paragon to offer the channel as an optional service to subscribers and insisted that the programming be placed on basic or tier. Six citizens have contacted Mr. Ratliff upset by Paragon's actions. Although there is little the Council can do, since the city has no regulatory authority over Paragon Cable, they have been advised to contact Paragon Cable with their concerns. Suggestions were made that the citizens contact local Congressional Representatives, since a bill may be brought forward during the current session to put the control over cable television in the hands of localities. Item 10 Student Liaison Reports No reports to be made at this time. Item 11 Considerations for approval of a Proclamation designating March 10-16, 1992 as "Girl Scout Week in the City of Coppell" and authorizing the Mayor to sign - requested by Mayor Wolfe. Jo Treadway of 105 Hill Drive made the presentation. Mayor Nick Morelli (Wolfe) read the proclamation. Members of Coppell Junior Girl Scout troop 935 represented all Girl Scouts of Coppell to commemorate this occasion as they made their presentation. Council Member Mayo (Nelson) moved to approve the Proclamation designating March 10-16, 1992 as "Girl Scout Week in the City of Coppell". Council Member Baggett (Thomas) seconded the motion. The motion CM031092 Page 3 of 12 ~i~~',.,,~. carried 7-0, with Mayor Pro Tem Dowdy (Smothermon) and Council Members Holder (Weaver), Baggett (Thomas), Walker (Morton), Griffin (Cowman), Ensom (Robertson) and Mayo (Nelson) voting in favor of the motion. Item 12 Consideration and adoption of a resolution declaring Saturday, March 28, 1992 as Chamber of Commerce Consumer Trade Fair Day to be held from 10:00 a.m. to 4:00 p.m. at Coppell High School, and waiver of normally required fees, permits, signage and code compliance guidelines. Mayor Pro Tem Dowdy (Smothermon) moved to approve Resolution 031092.2 declaring Saturday, March 28, 1992 as Chamber of Commerce Consumer Trade Fair Day to be held from 10:00 a.m. to 4:00 p.m. at Coppell High School, and waiver of normally required fees, permits, signage and code compliance guidelines. Council Member Mayo seconded the motion. The motion carried 7-0, with Mayor Pro Tem Dowdy (Smothermon) and Council Members Holder (Weaver), Baggett (Thomas), Walker (Morton), Griffin (Cowman), Ensom (Robertson) and Mayo (Nelson) voting in favor of the motion. Item 13 Consideration of adoption of a Resolution appointing Election Judges for Saturday, May 2, 1992 for Municipal Officer's Election. City Attorney Vivian Saldana read the resolution appointing Jeanne Heath as Presiding Election Judge and Martha Jo Cozby as Alternate Presiding Judge. Council Member Holder (Weaver) moved to approve Resolution 031092.3 appointing Election Judges for Saturday, May 2, 1992 for the Municipal Officer's Election. Council Member Ensom (Robertson) seconded the motion. The motion carried 7-0, with Mayor Pro Tem Dowdy (Smothermon) and Council Members Holder (Weaver), Baggett (Thomas), Walker (Morton), Griffin (Cowman), Ensom (Robertson) and Mayo (Nelson) voting in favor of the motion. Item 14 Swearing in of Mr. Danny Watson as a member of the Park and Recreation Board. Student Mayor Nick Morelli and Mayor Mark Wolfe swore in Danny Watson as a member of the Park and Recreation Board. Item 15 Consideration and approval to appoint an applicant to fill the vacancy as alternate to the Park and Recreation Board. Council Member Ensom (Robertson) moved to approve consideration and approval to appoint Amy Spicer Smith to fill the vacancy as alternate to the Park and Recreation Board. Council Member Baggett (Thomas) seconded the motion. The motion carried 7-0, with Mayor Pro Tem Dowdy (Smothermon) and Council Members Holder (Weaver), Baggett (Thomas), Walker (Morton), Griffin (Cowman), Ensom (Robertson) and Mayo (Nelson) voting in favor of the motion. Item 16 Consideration of a variance from Section 10-8-3 B of the Sign Ordinance which concerns real estate signs. The variance is requested by Mr. Frank Bamburg for Sand Point Estates. Council Member Mayo (Nelson) moved to approve variance from Section 10-8-3 B of the Sign Ordinance which concerns real estate signs requested by Mr. Frank Bamburg for Sand Point Estates. Director of Planning, Gary Sieb responded to a question in regard to the fee. Mr. Sieb indicated that to his knowledge the fee is $100.00. An amendment to the motion was made by Council Member Baggett (Thomas) to include that after 75% of sale of the estates is complete, the sign will be removed. Council Member Ensom (Robertson) seconded the motion. The motion carried with Mayor Pro Tem Dowdy (Smothermon) and Council Members Holder (Weaver), Baggett (Thomas), Walker (Morton), Griffin (Cowman), Ensom (Robertson) and Mayo (Nelson) in favor of the motion. CM031092 Page 4 of 12 0~0~ Item 17 Approval of a request to temporarily close Bethel School Road from Brooks Lane in the Hunterwood addition to the southern property line of the Big Cedar Subdivision. Council Member Walker (Morton) moved to approve request to temporarily close Bethel School Road from Brooks Lane in the Hunterwood addition to the southern property line of the Big Cedar Subdivision. Council Member Mayo (Nelson) seconded the motion; the motion carried 7-0 with Mayor Pro Tem Dowdy (Smothermon) and Council Members Holder (Weaver), Baggett (Thomas), Walker (Morton), Griffin (Cowman), Ensom (Robertson) and Mayo (Nelson) voting in favor of the motion. Item 18 Consideration of a request by Dr. Carl Foulds regarding the placement of snow-cone stands in the City. Director of Planning, Gary Sieb, made the presentation. The comprehensive zoning ordinance states that to sell food anywhere in the city you are defined as a restaurant; therefore, the applicant would need to show the city a plan of the operations of the business. Mr. Sieb, Director of Planning and Community Services, stated that technically, a snow cone operation is a restaurant and stated that he had many concerns about a temporary building to be placed in a parking lot of a shopping center. A suggestion was made to Dr. Foulds to consider leasing of available space within the shopping center. Dr. Foulds made a presentation of his proposal. Dr. Foulds indicated the he had recently approached both Farmers Branch and Carrollton City Councils and had been granted approval. Lewisville, Carrollton, Farmers Branch, Plano, The Colony, Denton, Lake Dallas have made special exceptions to code requirements and Dr. Fould felt that our citizens would like for Council to do the same. Dr. Foulds gave basic information on snow cones. Discussion by the council followed. Questions were answered by Dr. Foulds in regards to security problems, lighting, location, parking, and business hours. Citizens speaking on this item were Jeff Love of 614 Swan Drive and Dustin Hall of 160 Glenwood. Following Discussion, Council Member Mayo (Nelson) moved to deny the placement of the snow-cone stands in the City. Council Member Ensom (Robertson) seconded the motion. The motion to deny carried 5-2, with Mayor Pro Tem Dowdy (Smothermon) and Council Members Holder (Weaver), Baggett (Thomas), Walker (Morton) and Mayo (Nelson) voting in favor of the motion. Council Members Griffin (Cowman) and Ensom (Robertson) voted against the motion. Item 19 A. Consideration to remove from the table the discussion of stop signs on Mockingbird Lane. B. Discussion and consideration of stop signs on Mockingbird Lane. Item 19 A. - Council Member Walker (Morton) moved to remove from the table the discussion of stop signs on Mockingbird Lane. Council Member Ensom (Robertson) seconded the motion, with Mayor Pro Tem Dowdy (Smothermon) and Council Members Holder (Weaver), Baggett (Thomas), Walker (Morton), Griffin (Cowman), Ensom (Robertson) and Mayo (Nelson) voting in favor of the motion. Item 19 B. - Don Glenn of Barton-Aschman & Associates made presentation to council of the study done on Mockingbird Lane. Mr. Glenn reiterated that the recommendations from this study were to remove all the stop operations at Oriole & Sparrow Lane and to leave all stop operations at Cherrybark and extend the school zone approximately 300 feet. City Engineer Ken Griffin made a presentation of recent statistics to the council. Residents concerned about the pedestrian usage and traffic on Mockingbird Lane recommend that all stop signs remain, a four-way stop be placed at Mockingbird and Bethel School, the speed limits be reduced to 25 MPH, and the flashing light be relocated to Cherrybark instead of 300 feet north of the Oriole intersection. It was further recommended that MacArthur be widened to six lanes and install dual turn lanes. Citizens speaking opposed to the removal of the stop signs were Steve Cobb of 140 Mockingbird Lane, CM031092 Page 5 of 12 (~',~()i~9' Tom Herman of 761 Sparrow Lane, Steve Walhood of 208 Mockingbird Lane, Jo Treadway of 105 Hill Drive and Brian Modic of 718 Oriole Lane. Discussion followed by the Student Council Members. Following discussion, students were dismissed and regular council discussed this item. Councilman Weaver announced that the council has requested a comprehensive study of the entire area in regards to traffic. Councilman Morton requested that the three issues of the stop sign at Mockingbird and Oriole, the stop sign at Mockingbird and Cherrybark, and the stop sign at Mockingbird and Sparrow be divided and vote on each independently. Mayor Pro Tem Smothermon moved to retain the stop sign at Mockingbird and Oriole. Councilman Robertson seconded the motion. The motion carried 4-3, with Mayor Pro Tem Smothermon and Councilmen Morton, Robertson and Nelson voting in favor of the motion and Councilmen Weaver, Thomas and Cowman voting against the motion. Mayor Pro Tem Smothermon moved to retain the stop sign at Mockingbird and Cherrybark. 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. Mayor Pro Tem Smothermon moved to retain the stop sign at Mockingbird and Sparrow. Councilman Robertson seconded the motion. The motion carried 4-3, with Mayor Pro Tem Smothermon and Councilmen Morton, Robertson and Nelson voting in favor of the motion and Councilmen Weaver, Thomas, and Cowman voting against the motion. Item 20 Consideration of a request for staff to check stop-leak measures at the Longbranch Country Club as a result of a citizen's appearance by John Higgins at the February 25, 1992 Council Meeting. Council Member Nelson moved to deny relief on the bill for the leak that occurred between the meter and the establishment. Motion died for lack of a second. Mayor Pro Tem Smothermon moved that we charge the fee of $1.41 per 1000 gallons for the water that leaked behind the meter and that this be a one time only concession due to the unique situation of having a mile long water line. Councilman Cowman seconded the motion. A credit will be given to future bills. The motion carried 5-2, with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Cowman and Robertson voting in favor of the motion and Councilmen Thomas and Nelson voted against the motion. Item 21 A. Reconsideration of action taken regarding denial of zoning case #PD-114, generally located south of Sandy Lake Road, and west of the T.U. Electric easement, and commonly referred to as a portion of the "Riverchase" development. B. To consider approval of an ordinance for case #PD- 114, to change the zoning designation from (MF-1) Multi-Family-1 and (R) Retail, to (PD-SF) Planned Development Single-Family on a parcel of land located south of Sandy Lake Road, and West of the T.U. Electric easement, and authorizing the Mayor to sign. Mayor Pro Tem Smothermon excused himself due to conflict of interest. The appropriate form has been filed with the City Secretary. Council Member Robertson moved to reconsider the motion of Item 2lA. Councilman Nelson seconded the motion. The motion was tied 3-3, with Councilmen Morton, Robertson and Nelson in favor of the motion, and Councilmen Weaver, Thomas and Cowman denying the motion. The motion carried 4-3, with Mayor Wolfe breaking the tie by voting in favor of the motion. CM031092 Page 6 of 12 (;,,,;040 Council Member Robertson moved to approve Item 21-B to consider the approval of an ordinance for case #PD-114 carrying the ordinance number 91500-A-16. Councilman Morton seconded the motion. The motion was tied 3-3 with Councilmen Morton, Robertson and Nelson voting in favor of the motion, and Councilmen Weaver, Thomas and Cowman denying the motion. The motion carried 4-3, with Mayor Wolfe breaking the tie by voting in favor of the motion. Mayor Pro Tem Smothermon rejoined the Council at this time. Item 22 Authorization to enter into a contract with F&S Partnership to design the Coppell Public Library with compensation for basic services not to exceed 8% of the construction cost of the facility or $181,600.00, whichever is less, and authorizing the Mayor to sign. Council Member Morton moved to approve authorization to enter into a contract with F&S Partnership to design the Coppell Public Library with the compensation for basic services not to exceed 8% of the construction cost of the facility or $181,600.00, whichever is less. 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 23 PUBLIC HEARING: Consideration and approval of a zoning change, Case #ZC-535 (Waterside Estates, Phase III), from (TH-i) Town House-l, to (SF-7) Single-Family-7, to allow construction of single-family homes, located at the northwest corner of Parkway Boulevard and MacArthur Boulevard, at the request of Standard Pacific. Director of Planning, Gary Sieb made the presentation to the Council and recommended approval. Mayor Wolfe declared the Public Hearing open and asked if there were any persons who wished to speak in favor of this proposal. There were none. He then asked for those person who wished to speak against the proposal. Again, there were none. Mayor Wolfe declared the Public Hearing closed. Mayor Pro Tem Smothermon moved to approve the zoning change of Case #ZC-535 (Waterside Estates, Phase III), from (TH-i) Town House-l, to (SF-7) Single-Family-7, to allow construction of single-family homes, located at the northwest corner of Parkway Boulevard and MacArthur Boulevard, at the request of Standard Pacific. Councilman Morton seconded the motion. The motion carried 7-0, with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 24 Consideration and approval of a preliminary plat for Waterside Estates, Phase III, located at the northwest corner of MacArthur Boulevard and Parkway Boulevard, at the request of Standard Pacific. Council Member Cowman moved to approve the preliminary plat for Waterside Estates, Phase III, located at the northwest corner of MacArthur Boulevard and Parkway Boulevard, at the request of the Coppell Independent School District with the following conditions: 1) that the applicant close the existing median cut on MacArthur Boulevard, and 2) that the developer include the wrought-iron fence along the lake, and 3) to waive the alley requirement along canals. 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 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. Grapevine Trunk Sewer Line B. Article 6252-17, Section 2 (e), Senate Concurrent Resolution Number 83, discussion with City Attorney CM031092 Page 7 of 12 (i;~,; concerning matter involving privileged communications between attorney and client. 1. Report from Larry Jackson on D/FW Expansion 2. Status of lawsuits C. Article 6252-17, Section 2 (g), discussion concerning personnel. 1. Park Board alternate appointment 2. City Manager's evaluation The City Council convened into Executive Session at 9:47 p.m. as allowed under the above stated articles. Mayor Wolfe adjourned the Executive Session at 10:05 p.m. and opened the public session. REGULAR SESSION (Open to Public) Item 25 PUBLIC HEARING: Consideration and approval of a partial replat of the Kimbel Addition, located at the northeast corner of Village Parkway and MacArthur Boulevard, at the request of the Coppell Independent School District. Director of Planning, Gary Sieb made the presentation. Mayor Wolfe declared the Public Hearing open and asked if there were any persons who wished to speak in favor of this proposal. There were none. He then asked for those persons wishing to speak against this proposal. Again, there were none. Mayor Wolfe declared the Public Hearing closed. Robert Howman of Ayers Associates and Mike Elmore of SHWC Architects representing the School District, addressed the traffic study and impact fees. Keith Jackson, developer to the north of this property, made a presentation to the Council to request that school district change fencing along Oakwood to a four foot fence. Following a lengthy discussion, Mayor Pro Tem Smothermon moved to deny approval of partial replat of the Kimbel Addition, requested by the Coppell Independent School District, waive any further fees and not require the applicant to return to Planning & Zoning. Councilman Weaver seconded the motion. The motion carried 4-3, with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton and Cowman voting in favor of the motion and Councilmen Thomas, Robertson and Nelson voting against the motion. After further discussion, Councilman Robertson moved to reconsider Item #25. Councilman Morton seconded the motion. The motion carried 6-1, with Mayor Pro Tem Smothermon and Councilmen Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion and Councilman Weaver voting against the motion. After further discussion, Councilman Robertson moved to approve the partial replat of the Kimbel Addition with the following conditions: 1) a traffic study be done generally based on the Village Parkway and MacArthur Boulevard location to determine where the traffic light, if needed, should be located; 2) the parking area be allowed to be 5" thick; 3) denying Planning Commission condition #5- 4' black vinyl coated chain link fence; 4) asking the school to work with the developer to the north to resolve the fencing issue discussed in condition #3 of this motion; and 5) hold Planning Commission condition #3- impact fees to be waived, as a separate agenda item. Councilman Nelson seconded the motion. The motion carried 5-2 with Councilmen Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion and Mayor Pro Tem Smothermon and Councilman Weaver voting against the motion. Council Member Nelson moved that the impact fees not be waived in this case. Councilman Morton seconded the motion. The motion carried 6-1 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman and Nelson voting in favor of the motion and Councilman Robertson voting against the motion. Discussion followed. Item 26 Consideration and approval of an ordinance abandoning unused utility easement located in Lake Park subdivision, the specific lots being 5, 9, 21, ~2 and 28 in Block E. at the request of Ron Robertson, and authorizing the Mayor to sign. CM031092 Page 8 of 12 (i6~; Councilman Robertson excused himself due to conflict of interest. The appropriate form has been filed with the City Secretary. Councilman Nelson moved to approve Ordinance No. 92541, abandoning unused utility easements located in Lake Park subdivision, the specific lots being 5, 9, 21, 22 and 28 in Block E. at the request of Ron Robertson. Mayor Pro Tem Smothermon 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. Councilman Robertson rejoined the council at this time. Item 27 To consider an ordinance for Case #S-1050, to change the zoning designation from (LI) Light Industrial to (LI.SUP) Light Industrial Special Use Permit, on a parcel of land located at the southeast corner of Corporate Park Drive and S.H. 121, and authorizing the Mayor to sign. Director of Planning, Gary Sieb made a presentation to the Council. Council Member Cowman moved to deny the adoption of the ordinance granting the zoning for case #S-1050, changing the designation from (LI) Light Industrial to (LI.SUP) Light Industrial Special Use Permit, on a parcel of land located at the southeast corner of Corporate Park Drive and S.H. 121, on the grounds that the zoning was for a Temporary Batch Plant and the applicant is no longer in business. Councilman Morton seconded the motion. The 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 denied motion. Item 28 Discussion and consideration of appointing a Council task force/subcommittee to work with the CISD and the Coppell Chamber of Commerce to develop a format, methodology, and schedule for joint meetings with newcomers. Mayor Pro Tem Smothermon moved to approve and appoint Council Members Robertson and Nelson to work with the CISD and the Coppell Chamber of Commerce to develop a format, methodology, and schedule for joint meetings with newcomers. Councilman Morton seconded the motion. The motion carried 7-0, with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 29 Mayor's Report A. Mayor Wolfe announced that the Texas Waste Management uniform recycling date will start April 1, 1992. B. Mayor Wolfe announced there is a move within the Regional Transportation Council to reconfigure Mayor Wolfe's voting member representation of Coppell, Flower Mound, Lewisville, and Grapevine. There is a reconsideration to pull Grapevine from the list and put in Farmers Branch and Addison. C. Anna Workman made a presentation of her program, Friendly Greetings by Anna, Inc. Ms. Workman has prepared a binder to be given to every newcomer to Coppell. She wishes to use the City of Coppell logo, place information about the city in the binder, and use gifts from sponsors, provided in a separate bag. Mayor Wolfe stated that what she needs from the council is a consensus of council to allow the use of the city 10go. Mayor Wolfe asked Ms. Workman to place a disclaimer in the book stating that the book is not a city endorsed project. Consensus of council was in favor of allowing the request for use of the city logo as long as the disclaimer statement is included. D. Councilmen Morton and Robertson stated that Mr. L.D. Evans had brought to their attention that, under the sign ordinance, any type of sign that is erected requires a $100.00 fee. The RTC requires that a sign be placed at each RTC property listing. Councilman Morton requested that one sign be allowed, up to 16 square feet (4' X 4'), at no fee. City Manager Alan Ratliff suggests a consensus of Council to begin the process. CM031092 Page 9 of 12 (~';0~3 Consensus of Council was in favor of allowing this request and drafting an ordinance to this effect. E. Councilman Thomas emphasized the DARE Graduation, Thursday at 1:30 p.m. at Coppell Intermediate School and encouraged Council Members to attend. F. Mayor Pro Tem Smothermon asked to verify that the replat approved for the school is a final and will not return before work begins. Mayor Wolfe affirmed this as final and requested that staff provide a follow-up on this issue (Item #25). G. Councilman Cowman asked that City Manager look into the issue regarding any training the City may have received in return for waiving of impact fees for previously approved school property. H. Councilman Cowman inquired about the no parking issue on MacArthur being brought forward in the near future. I. Councilman Cowman stated that the Northbound lanes on MacArthur at Beltline Road need to be re-striped due the wear of traffic. Item 30 Liaison Reports Councilman Morton announced that at the MUD Meeting earlier in the day, there was a request to extend the BANS on Cottonwood Estates project and this was denied. It was brought out that Mr. Sowel is contemplating 45 acres of single-family housing along Parkway. Also $900,000 of BANS have expired and have been written off; therefore, with no more BANS on the property, the development will be at the developer's expense. Also, the Magnolia tract was purchased by J. Sowel Construction which is coming forward and working with Vista Properties, Inc. to provide sewer access to the properties. Additionally, a request for annexation by Frank Bamburg on Sand Point Estates was received and approved by the MUD Board. The MUD election was called for the 2nd of May with the election being held at City Hall. Filing deadline is 2nd of April. Applications for filing are at the Water Department. Early voting will be at St. Ann's Catholic Church. In regards to the increased flow at the lift station, they are pulling 20 gallons of screen debris off the screen a week and they are trying to store it on site. CONSENT AGENDA Item 31 A. To consider an ordinance for Case #ZC-522, to change the zoning designation from (C) Commercial, to (SF-12) Single-Family-12, on a parcel of land located at the southeast corner of Bethel School Road and Harris Street, and north and adjacent to Grapevine Creek, and authorizing the Mayor to sign. B. To consider an ordinance for Case #S-1051, to change the zoning designation from (LI) Light Industrial, to (LI.SUP) Light Industrial Special Use Permit, on a parcel of land located at 820 S. MacArthur Boulevard, Suite 102, and authorizing the Mayor to sign. C. To consider an ordinance for Case #PD-117, to change the zoning designation from (MF-2) Multi- Family-2, to (SF-7) Single-Family 7, on a parcel of land located along the west side of Harris Street, at Bethel Road, and authorizing the Mayor to sign. CM031092 Page 10 of 12 %3~';';~'~ D. To consider an ordinance for Case #S-1053, to change the zoning designation from (LI) Light Industrial, to (LI.SUP) Light Industrial Special Use Permit, on a parcel of land located approximately 992' south of the intersection of Thweatt Road and Royal Lane, along the east side of Royal Lane, and authorizing the Mayor to sign. E. To consider an ordinance for Case #PD-119, to change the zoning designation from (R) Retail and (C) Commercial, to (PD-SF-9) Planned Development Single-Family-9, on a parcel of land located along the west side of Bethel School Road, and approximately 400' north of Bethel Road, and authorizing the Mayor to sign. F. To consider an ordinance for Case #S-1054, to change the zoning designation from (LI) Light Industrial, to (LI.SUP) Light Industrial Special Use Permit, on a parcel of land located east of Denton Tap Road, approximately 212' north of Beltline Road (E/W), and authorizing the Mayor to sign. G. To consider an ordinance for Case #S-1055, to change the zoning designation from (R) Retail, to (R.SUP) Retail Special Use Permit, on a parcel of land located at 420 Bethel Road, and authorizing the Mayor to sign. H. To consider an ordinance for Case #S-1056, to change the zoning designation from (C) Commercial, to (C.SUP) Commercial Special Use Permit, on a parcel of land located at 150 S. Denton Tap Road, Suite 115, to allow the operation of a restaurant, and authorizing the Mayor to sign. I. Consideration of approving a contract with Barton- Aschman Associates, Inc. to provide professional transportation engineering services associated with the Traffic Light Synchronization Program II (TLSII) for the total amount not to exceed $22,075 and authorizing the City Manager to sign. J. Discussion and consideration of rejection of Bid Proposal No. Q-1291-04 for Personal Computer System and related equipment/software. K. Consideration and approval for purchase of radio communications equipment for Police, Fire, Engineering and Public Works Departments in the amount of $53,824.60. L. Consider approval of a contract for the rental of county voting equipment to hold the May 2, 1992 Municipal Officer's Election and authorizing the Mayor to sign. Councilman Nelson requested that Item 31-I be removed from the Consent Agenda. Mayor Pro Tem Smothermon moved to approve the Consent Agenda with the exception of Item 31-I with agenda Item 31-A carrying ordinance number 91500-A-8, Item 31-B carrying ordinance number 91500-A-9, Item 31-C carrying ordinance number 91500-A-10, Item 31-D carrying ordinance number 91500-A-11, Item 31-E carrying ordinance number 91500-A-12, Item 31-F carrying ordinance number 91500-A-13, Item 31-G carrying ordinance number 91500-A-14, and Item 31-H carrying ordinance number 91500-A-15. Councilman Cowman 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. CM031092 Page 11 of 12 (~i~.~0~5 Item 31-I was discussed by Council. Mayor Pro Tem Smothermon moved to approve the contract with Barton-Aschman Associates, Inc. to provide professional transportation engineering services associated with the Traffic Light Synchronization Program II (TLSII) for the total amount not to exceed 22,075 and authorizing the City Manger to sign. Councilman Nelson seconded the motion. The motion carried 6-1 with Mayor Pro Tem Smothermon and Councilmen Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion and Councilman Weaver voting against the motion. EXECUTIVE SESSION (Closed to 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. Grapevine Trunk Sewer Line B. Article 6252-17, Section 2 (e), Senate Concurrent Resolution Number 83, discussion with City Attorney concerning matter involving privileged communications between attorney and client. 1. Report from Larry Jackson on D/FW Expansion 2. Status of lawsuits C. Article 6252-17, Section 2 (g), discussion concerning personnel. 1. Park Board alternate appointment 2. City Manager's evaluation The City Council convened into Executive Session at 11:44 p.m. as allowed under the above stated articles. Mayor Wolfe adjourned the Executive Session at 12:37 p.m. and opened the public session. There being no further business to come before the Council, the meeting was adjourned. Mark Wolfe, Mayor ATTEST: Dorothy Timmons, City Secretary CM031092 Page 12 of 12