CM 1992-04-14 MINUTES OF APRIL 14, 1992
The City Council of the City of Coppell met in Regular Called
Session on Tuesday, April 14, 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
Mayor Wolfe called the meeting to order.
Item 2 Work Session 1. PID
2. Village of Cottonwood Creek
3. Paragon Cable
4. Water & Sewer Rates-discussion of new water line
5. Waterside Estates
6. City Logo Update
7. Lakewood Estates
Item 3 Invocation
Councilman Cowman led those present in the Invocation.
Item 4 Pledge of Allegiance
Den 2, Pack 840, Circle Ten, Boy Scouts of America led those
present in the Pledge of Allegiance.
EXECUTIVE SESSION
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. Longbranch Operations
2. Status of Lawsuits
C. Article 6252-17, Section 2 (g), discussion
concerning personnel.
1. City Manager's evaluation
The City Council convened into Executive Session at 5:03 p.m. as
allowed under the above stated articles. Mayor Wolfe adjourned the
Executive Session at 5:44 p.m. and opened the public session.
REGULAR SESSION (Open to the Public)
Item 6 Approval of Minutes: March 24, 1992
March 31, 1992
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Councilman Morton moved to approve the minutes of March 24 and
March 31, 1992 as submitted. Councilman Weaver seconded the
motion . The motion carried 7-0, with Mayor Pro Tem Smothermon and
Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson
voting in favor of the motion.
Item 7 citizen's Appearances
There were no citizens who wished to speak at this time.
Item 8 Swearing in of the following persons as members of the
Coppell Historic Preservation Commission:
Michael Cogburn
Stanley Keeton
Foy Layton
Wendy Webster
Wheelice Wilson
Mayor Wolfe swore in the above members of the Coppell Historic
Preservation Commission. Councilman Nelson had to leave during the
work session at 6:55 p.m.
Item 9 PUBLIC HEARING: To consider approving the Preliminary
Assessment/Service Plan and the Proposed Assessment Roll
of Coppell Gateway Public Improvement District as the
final Assessment/Service Plan and Assessment Roll of the
District.
Mayor Pro Tem Smothermon moved to approve the Preliminary
Assessment/Service Plan and the Proposed Assessment Roll of Coppell
Gateway Public Improvement District and the final
Assessment/Service Plan as submitted. Councilman Robertson
seconded the motion. The motion carried 6-0, with Mayor Pro Tem
Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, and
Robertson voting in favor of the motion.
Item 10 Consideration of an ordinance approving the
Assessment/Service Plan and Assessment Roll of Coppell
Gateway Public Improvement District and levying special
assessments against property within the district.
Mayor Pro Tem Smothermon moved to approve Ordinance Number 92543
and authorizing the Mayor to sign. Councilman Thomas seconded the
motion. The motion carried 6-0 with Mayor Pro Tem Smothermon and
Councilmen Weaver, Thomas, Morton, Cowman, and Robertson voting in
favor of the motion.
Item 11 Consideration and approval of an ordinance authorizing
the issuance of $5,000,000, city of Coppell, Texas
Special Assessment Bonds, Series 1992 (Gateway Project)
providing for the payment of said bonds by a pledge of
revenues derived from special assessments levied against
all properties in Coppell Gateway Public Improvement
District, in amounts sufficient to pay the principal of
an interest on such bonds, to fund a reserve fund to pay
capitalized interest on the bonds, and to pay various
administrative costs associated with the operation of the
public improvement district; providing the terms and
conditions of such bond; resolving other matters incident
and relating to the issuance, payment, security, sale,
and delivery of said bonds, including the approval and
distribution of an official statement pertaining thereto;
authorizing the execution of a paying agent/registrar and
trustee agreement; and authorizing the Mayor to sign.
Following discussion, motion carried 6-0 with Mayor Pro Tem
Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, and
Robertson voting in favor of the motion. Mayor Pro Tem Smothermon
moved to approve Ordinance Number 92544 and authorizing the Mayor
to sign. Councilman Cowman seconded the motion.
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Item 12 Consideration and approval of an agreement for the City
to acquir~ completed facilities (other infrastructure) in
Phase IA and construct facilities (other infrastructure)
with Catellus DeveloPment Corporation for Gateway Public
Improvement District and City to designate Catellus as
construction manager for Phase IB and II.
Mayor Pro Tem Smothermon moved to approve Agreement to Acquire and
Construct Facilities as submitted. Councilmen Thomas seconded the
motion. The motion carried 6-0 with Mayor Pro Tem Smothermon and
Councilmen Weaver, Thomas, Morton, Cowman, and Robertson voting in
favor of the motion.
Item 13 Consideration of and approval of a Guaranty Agreement
with Catellus Development Corporation for Gateway Public
Improvement District.
Mayor Pro Tem Smothermon moved to approve a Guaranty Agreement with
Catellus Development Corporation for Gateway Public Improvement
District. Councilman Cowman seconded the motion. Following
discussion, the motion carried 6-0 with Mayor Pro Tem Smothermon
and Councilmen Weaver, Thomas, Morton, Cowman and Robertson voting
in favor of the motion.
Item 14 Consideration and approval to amend Chapter 3 of the Code
of Ordinances of the City of Coppell by amending Sections
3-1-5 and 3-2-2 adjusting monthly water rates and
adjusting monthly sewer rates.
Following discussion by Council and Staff, Councilman Robertson
moved to approve Ordinance #92545 amending Chapter 3 of the Code of
Ordinances by amending Sections 3-1-5 and 3-2-2 adjusting monthly
water rates and adjusting monthly sewer rates and authorizing the
Mayor to sign. Councilman Cowman seconded the motion. The motion
carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver,
Thomas, Morton, Cowman and Robertson voting in favor of the motion.
Mayor Pro Tem Smothermon suggested that the Finance Committee
review the city's water and sewer revenues every six months.
Item 15 Consideration of an ordinance amending the sign ordinance
#91053 by increasing the time that non-profit
organizations can erect off-premise directional signs and
waiving the permit fee for certain signs erected on
properties owned by the Resolution Trust Corporation
(RTC) and authorizing the Mayor to sign.
Planning and Zoning Director Gary Sieb made the presentation to the
Council regarding the sign ordinance #91053. Councilman Morton
moved to approve Ordinance 92546 amending the sign ordinance #91053
increasing the time that non-profit organizations can erect off-
premise directional signs and waiving the permit fee for certain
signs on properties owned by the Resolution Trust Corporation and
authorizing the Mayor to sign. Councilman Robertson seconded the
motion. The motion carried 6-0 with Mayor Pro Tem Smothermon and
Councilmen Weaver, Thomas, Morton, Cowman and Robertson voting in
favor of the motion.
Item 16 PUBLIC HEARING: To consider approval of a zoning
change, Case #PD-124, (Village @ Cottonwood Creek, Phase
II) from (MF-1) Multi-Family-1 rand (MF-2) Multi-Family-
2, to (PD-SF-7) Planned Development Single-Family-7,
located at the southeast corner of Coppell Road and
Parkway Boulevard, at the request of Jim Sowell
Construction Company.
Planning and Zoning Director Gary Sieb made the presentation to the
council and recommended approval with six conditions:
1. that there be a 6' masonry wall along Parkway,
according to the site plan.
2. landscaping as proposed be included on all cul-de-
sacs
3. landscaping along Parkway as proposed
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4. wood fence be as defined
5. minimum house size of 1800 square feet on area
basically zoned..SF-7, 2000 square feet on area
basically zoned SF-9, and 2200 square feet on lots
abutting the creek, and
6. that a homeowners association be formed to maintain
all common areas
Craig Curry, representing applicant, also made a presentation to
the Council. Option B is being submitted at the applicant's
request. Mike Gayler of 210 Winding Hollow representing the
Homeowner's Association stated their opposition to the original
plan, but are now in favor of the latest proposal. He also stated
the Association's main concerns were about traffic and size of
lots. Following a lengthy discussion, Councilman Morton moved to
approve Item 16 as submitted with the six conditions recommended by
the Planning and Zoning Commission and Option B. Mayor Pro Tem
Smothermon seconded the motion. The motion was denied 2-4 with
Councilman Morton and Mayor Pro Tem Smothermon voting in favor of
the motion and Councilmen Weaver, Thomas, Cowman and Robertson
voting against the motion. Following additional discussion,
Councilman Weaver moved to approve Item 16 with the six conditions
recommended by the Planning and Zoning Commission with the original
plat as submitted by the applicant. Councilman Thomas seconded the
motion. The motion carried 4-2 with Councilmen Weaver, Thomas,
Cowman and Robertson voting in favor of the motion and Mayor Pro
Tem Smothermon and Councilman Morton voting against the motion.
Item 17 PUBLIC HEARING: To consider approval of a partial
replat of Village @ Cottonwood Creek, Phase II, located
at the southeast corner of Coppell Road and Parkway
Boulevard, at the request of Jim Sowell Construction
Company.
Planning and Zoning Director Gary Sieb made the presentation to the
Council. Mr. Sieb stated all fees required to date are paid. Mr.
Sieb recommended approval with 11 conditions:
1. that there be a 6' masonry wall along Parkway,
according to the site plan
2. landscaping as proposed be included on all cul-de-
sacs
3. landscaping along Parkway as proposed
4. wood fence be as defined
5. minimum house size of 1800 square feet on area
basically zoned SF-7, 2000 square feet on area
basically zoned SF-9, and 2200 square feet on lots
abutting the creek
6. that a homeowners association be formed to maintain
all common areas
7. minimum street radius be no less than 200'
8. maximum block length not to exceed 1600'
9. that lots 10-16 in Block C be excluded from the
alley requirement
10. that a maximum cul-de-sac length of 650' be
allowed, and
11. minimum finished floor elevations on lots 11-17 in
Block C be shown on the face of the plat
Mayor Pro Tem Smothermon moved to approve Item 17 as submitted.
Councilman Cowman seconded the motion. The motion carried 5-1 with
Mayor Pro Tem Smothermon, Councilmen Weaver, Thomas, Cowman and
Robertson voting in favor of the motion and Councilman Morton
voting against the motion.
Item 18 PUBLIC HEARING: Consideration and approval of a zoning
change, Case #ZC-536, Lakewood Estates, from (MF-2)
Multi-Family-2, to (SF-7) Single-Family-7, located along
the east side of MacArthur, south of Parkway, and along
the east and west side of Village Parkway, at the request
of LOC Estates, Ltd.
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Planning and Zoning Director, Gary Sieb made the presentation to
the Council. The Planning and Zoning Commission recommends
approval with two conditions:
1. that the fence along Oakwood be improved by a
coordinated effort between the developer and the
Coppell Independent School District, to result in
brick pilasters with wrought-iron fencing, and
2. that there be a minimum of 1800 square foot house
size
The developer has agreed to above conditions at his own expense.
Mr. Wayman LaBelle, applicant, of 6161 Harry Hines, Dallas, Texas
made a presentation to the Council and asked Council to approve the
above requested zoning change. Discussion concerning Oakwood Lane
going all the way through to Village Parkway followed. The
developer is aware that a second water storage tank will eventually
be built on the City's property to the west of this property.
Councilman Weaver moved to approve Item 18 as submitted with the
two conditions recommended by the Planning and Zoning Commission.
Mayor Pro Tem Smothermon seconded the motion. The motion carried
6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas,
Morton, Cowman and Robertson voting in favor of the motion.
Item 19 Consider approval of a preliminary plat of Lakewood
Estates, located along the east side of MacArthur
Boulevard, south of Parkway Boulevard, and along the east
and west side of Village Parkway, at the request of LOC
Estates, Ltd.
Planning and Zoning Director Gary Sieb made the presentation to the
Council. The Planning and Zoning Commission recommends approval
with five conditions:
1. that a Homeowners Association be formed to maintain
all common areas
2. the extension of utility lines be bored under
existing right-of-ways, easements, etc., rather
than cutting through the existing improvements
3. lot 26, Block D, be granted relief from the minimum
depth requirement
4. lots 1-17, Block A, and lots a-40, Block D, not be
required to provide alley access
5. change of alley location between lots 9 and 1- in
Block C
Mayor Pro Tem Smothermon moved to approve Item 19 as submitted with
five conditions as recommended by the Planning & Zoning Commission.
Councilman Cowman seconded the motion. Councilman Morton requested
an 8 1/2 x 11 disclaimer be given to each homeowner at the time the
earnest money contract is executed stating they are a member of
Lakes of Coppell Homeowner's Association and stating the current
rate per $100 valuation. Mayor Pro Tem Smothermon amended his
motion to include Councilman Morton's suggestion. The motion with
amendment carried 6-0 with Mayor Pro Tem Smothermon, Councilmen
Weaver, Thomas, Morton Cowman and Robertson voting in favor of the
motion.
Item 20 Consider approval of a preliminary plat of Country
Estates, located at the southeast corner of Bethel School
Road and Harris Street, at the request of H. T. Ardinger.
Planning and Zoning Director Gary Sieb made the presentation to the
Council. He asked for approval of a preliminary plat of Country
Estates with two conditions as recommended by the Planning and
Zoning Commission:
1. no parking signs be placed along Harris Street from
Brooks, north to Bethel School Road, and
2. that the applicant work with the City Engineer to
resolve the drainage and floodplain issue before
the final plat is approved.
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Councilman Morton moved to approve Item 20 as submitted with two
conditions as recommended by the Planning and Zoning Commission.
Councilman Cowman seconded thelmotion. The motion carried 6-0 with
Mayor Pro Tem Smothermon and CounCilmen Weaver, Thomas, Morton,
Cowman and Robertson voting in favor of the motion.
Item 21 Consideration of a request to delay the payment of
$65,589.23, which is a portion of the development fees
associated with Waterside Estates II for a period not to
exceed one year.
Councilman Cowman moved to deny the delay of payment of $65,589.23.
Mayor Pro Tem Smothermon seconded the motion. The motion carried
6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas,
Morton, Cowman and Robertson voting in favor of the motion.
Item 22 Status report regarding Paragon Cable, presented by
Chairman of the Cable Committee, Mayor Pro Tem
Smothermon.
Mayor Pro Tem Smothermon addressed the Council and recognized Bill
Coppola, a Coppell citizen, who served on the Cable Committee.
Following discussion, Mayor Pro Tem Smothermon requested Council
consensus to use information provided by the Cable Committee as a
basis to go to Paragon Cable with in renegotiating their contract.
Council consensus was to proceed as requested by Mayor Pro Tem
Smothermon. Councilman Cowman stated he was in favor of a three-
year or five-year contract in lieu of a 15-year contract.
Councilman Cowman also stated his concern of Paragon Cable wanting
to delete a channel and to raise their rates. No action on this
item was required at this time.
Item 23 Consider approval of an expenditure in the amount of $160
to Beachler Enterprises for the purchase of twenty "Keys
to the City" - requested by Mayor Wolfe
Mayor Wolfe stated that he desires keys to be presented to various
individuals, groups, or organizations as the appropriate occasion
occurs. Mayor Pro Tem Smothermon moved to approve Item 23 as
submitted. Councilman Cowman seconded the motion. The motion
carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver,
Thomas, Morton, Cowman and Robertson voting in favor of the motion.
Item 24 Mayor's Report
A. Mayor Wolfe announced that the Woman of the Year application
deadline is May 1, 1992, and appointment is May 5, 1992.
B. Mayor Wolfe announced there will be a special-called Council
meeting on May 5, 1992 to canvass returns of election.
C. Discussion on the permit application on the Carrollton
landfill will be presented in the spring of 1993 to the Water
Commission.
D. Mayor Pro Tem Smothermon will replace Councilman Cowman as the
Red Ribbon Campaign representative.
E. Mayor Wolfe complimented staff in regard to the two new fire
captains.
F. Councilman Robertson explained the YMCA did open on April 6,
1992, and that there will be a grand opening on April 25,
1992. The YMCA requested to have a campfire for the opening
and to have the $50 fee for a burn permit be waived. Council
consensus was to waive the fee.
G. Councilman Robertson stated he had a concern on zoning issues,
and that recently there are only four members present instead
of the seven members of the Planning and Zoning Commission.
He would like to see full participation on this board.
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H. Councilman Robertson stated that he and Councilman Nelson had
selected the second Thursday of every quarter for a Newcomer
meeting with the first one being in July. The schools will be
handling the food and the Chamber will be distributing
business information with the City in charge of the
invitations. There is still no budget for this item.
I. Councilman Cowman represented the City of Coppell in the golf
tournament with the Economic Development group from Canada.
J. Councilman Weaver publicly expressed appreciation to the City
and the Police Department on their insight and felt the
expense concerning the corvette being used by the DARE group
was justified.
K. City Manager Alan Ratliff and Planning and Zoning Director
Gary Sieb discussed a sign that Waterside Estates wants to
erect. Staff will put this issue on the agenda of April 28,
1992, but now would like to get the go ahead for his designer
to start on this sign. The maximum size of this sign would be
up to 36' Council consensus was to proceed on this item.
Item 25 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
Councilman Morton reported the Economic and Business
Development Board had a meeting and presented a document
to the City Manager on the City. He also attended a
meeting of the Industrial Task Force. Bill Thompson
appeared before this board and complained of sign
violations. The Economic and Business Development Board
also have completed their survey to businesses.
F. FINANCE
Mayor Pro Tem Smothermon stated there will be a mid-year
budget review May 28, 1992. Also planned tentatively
August 14 & 15, is a 1992-1993 budget review.
G. LIBRARY
There was no report at this time.
H. 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
Councilman Morton stated the Office on Aging will have a
senior service Department to assist senior citizens and
presented City Manager with quarterly reports. He also
stated that May is "Older American Month", and he will be
asking the City to do a resolution in support of this.
K. PARK
Councilman Thomas stated there was a change in the
anticipated cost relative to Community Park from
Carrollton, and that there seems to be a land cost in
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that number. The Park Board will come before the Council
from time to time to inform the Council of the status of
their fund raising. Irving implemented a fee structure
effective April 15, 1992 for use of North Lake Park.
L. RECYCLING COMMITTEE
Councilman Weaver reported his half-day session at NTCCOG
regarding recycling was very productive on market
development and market study. Prices on recyclable goods
are decreasing because of the abundance of recyclable
materials.
CONSENT AGENDA
Item 26 A. To consider Case #PD-120, to change the zoning
designation from (SF-9) Single Family-9, to (PD-SF-
7) Planned Development Single Family-7, on a parcel
of land located along the north side of Parkway
Boulevard, and along the west side of MacArthur
Boulevard, and authorizing the Mayor to sign.
B. Discussion and consideration of awarding a bid #Q-
0292-04 in the amount of $17,391.60 to Graff
Chevrolet.
C. To consider Case #S-1057, to change the zoning
designation from (A) Agricultural, to (LI-SUP)
Light Industrial Special Use Permit, on a parcel of
land located along the north side of Beltline Road
and along the west side of the Elm Fork of the
Trinity River, and authorizing the Mayor to sign.
D. (A) Approval of Ordinance abandoning Bethel School
Road from Bethel Road to the Big Cedar
subdivision and authorizing the Mayor to sign.
(B) Approval of Ordinance changing the name of
Bethel School Road to Harris Street from the
Bethel School Road/Harris Street intersection
southerly along existing Bethel School Road to
its termination in the Big Cedar subdivision.
Mayor Pro Tem Smothermon moved to approve Items 26-A through 26-D
with Item 26-A carrying Ordinance number 91500-A-17, Item 26-C
carrying Ordinance number 91500-A-18, Item 26-D-A carrying
Ordinance number 92547 and Item 26-D-B carrying Ordinance number
92548. Councilman Morton seconded the motion. The motion carried
6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas,
Morton, Cowman, and Robertson 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
concerning matter involving privileged
communications between attorney and client.
1. Longbranch Operations
2. Status of Lawsuits
C. Article 6252-17, Section 2 (g), discussion
concerning personnel.
1. City Manager's evaluation
The city Council convened into Executive Session at 9:10 p.m. as
allowed under the above stated articles. Mayor Wolfe adjourned the
Executive Session at 9:56 pm.
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REGULAR SESSION (Open to the Public)
There being no further business to come before the Council, the
meeting was adjourned.
Mark Wolfe, Mayor
ATTEST:
Dorothy Timmons, City Secretary
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