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CM 1992-05-12 MINUTES OF MAY 12, 1992 The City Council of the City of Coppell met in Regular Called Session on Tuesday, May 12, 1992 at 5:30 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 Lanny Mayo, Councilman Ron Robertson, Councilman Jim Garrison, 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 a. Discussion of road humps in the Villages of Cottonwood Creek b. General Discussion of Agenda Items Item 3 Invocation Councilman Morton led those present in the Invocation. Item 4 Pledge of Allegiance Mayor Wolfe 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. Extra Territorial Jurisdiction 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. Fire Administration Building 2. Shrader Agreement 3. New Lawsuits/Claims 4. Status Report of Pending Lawsuits/Claims C. Article 6252-17, Section 2 (g), discussion concerning personnel. 1. Boards & Commissions Appointments 2. Appointment of a Citizen to the Subcommittee to Review all additions and amendments to the Policies and Procedures Handbook. The City Council convened into Executive Session at 6:00 p.m. as allowed under the above stated articles. Mayor Wolfe adjourned the Executive Session at 6:48 p.m. and opened the public session. REGULAR SESSION (Open to the Public) Item 6 Approval of minutes: April 28, 1992 Councilman Robertson moved to approve the minutes of April 28, 1992 CM051292 Page 1 of 6 as submitted. Councilman Morton seconded the motion; motion carried 7-0 with Mayor Pro Tem Smot~ermon and Councilmen Weaver, Thomas, Morton, Mayo, Robertson, and Garrison voting in favor of the motion. Item 7 Citizen's Appearances Mayor Wolfe stated that the public hearing on Paragon Cable will be May 26, 1992 and invited citizens to speak at that time. Mr. Walter Pettijohn of 525 Oak Grove Road stated two requests of Council: 1. That Johnny Thompson tract be declared in or out of a city, and that the City collect taxes on said tract 2. That new lawsuits be stated by name on agenda Mr. Nicholas Dalley of 420 Dillard Lane stated his concern about speed of traffic and is looking for a solution to slow it down and suggested possible speed bumps in the Villages of Cottonwood Creek and Hunterwood. Mr. Bill Condon of 346 Parkwood expressed a concern about Paragon Cable TV and wants HSE and if possible, for the City to help residents get HSE. Item 8 Consider appointment of Mayor Pro Tem Mayor Wolfe recommended Mayor Pro Tem Bill Smothermon to be appointed as Mayor Pro Tem for the next year. Councilman Morton moved to appoint Mayor Pro Tem Bill Smothermon as Mayor Pro Tem 1992/1993. Councilman Robertson seconded the motion; motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Mayo, Robertson, and Garrison voting in favor of the motion. Item 9 Swearing in of Gary D. Adams to the Code Advisory and Appeals Board. Mayor Mark Wolfe expressed his appreciation to City staff for finding a citizen to serve on this board. Mayor Wolfe then swore in Gary Adams who was appointed to the Code Advisory and Appeals Board for a term of one year which will expire October, 1993. Item 10 Consider filling vacancies on the City's Board of Adjustments, Economic and Development Board and the Planning and Zoning Commission. Councilman Mayo moved to appoint Carl Thompson to fill the vacancy for the Planning and Zoning Commission through October, 1993. Councilman Weaver seconded the motion; motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Mayo, Robertson, and Garrison voting in favor of the motion. Councilman Morton moved to defer filling of alternates for the Board of Adjustments and the Economic and Development Board until the regular board and commission appointments in September. Councilman Mayo seconded the motion; motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Mayo, Robertson, and Garrison voting in favor of the motion. Councilman Morton moved to appoint Jerry Singleton to the Economic and Development Board for a term of one year to expire October, 1993. Councilman Robertson seconded the motion; motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Mayo, Robertson, and Garrison voting in favor of the motion. Mayor Pro Tem Smothermon moved to appoint Carol Williams to the Board of Adjustment for a one year period which will expire October, 1993. Councilman Mayo seconded the motion; motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, CM051292 Page 2 of 6 ~3,~0 ~ 3 Morton, Mayo, Robertson, and Garrison voting in favor of the motion. Item 11 Discussion and consideration of appointments to the Mayor's Task Force Special Study Committees and Council Liaisons - requested by Mayor Wolfe. Councilman Thomas moved to approve Mayor's Task Force Special Study Committees and Council Liaisons as indicated on the form filed in City records with a revision date of May 12, 1992, with the understanding that Mayor Wolfe will appoint a second Council representative to the Economic and Development Board on the next agenda. Mayor Pro Tem Smothermon seconded the motion; motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Mayo, Robertson, and Garrison voting in favor of the motion. Item 12 A. Discussion and consideration of appointing a Council subcommittee consisting of two (2) Councilmembers and one (1) citizen to review all proposed additions, amendments, and/or revisions to the City of Coppell Policies and Procedures Handbook, submit a recommendation for adoption or provide interpretation and clarification of policies. Mayor Pro Tem Smothermon moved to appoint Councilmen Robertson and Morton along with citizen Ray Hildebrand to review all proposed additions, amendments, and/or revisions to the City of Coppell Policies and Procedures Handbook, submit a recommendation for adoption or provide interpretation and clarification of policies. Councilman Morton seconded the motion; motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Mayo, Robertson, and Garrison voting in favor of the motion. B. Swearing in a citizen to the Personnel Policy Review Committee. Mayor Wolfe swore in Ray Hildebrand as the citizen member of the Personnel Policy Review Committee. Item 13 Consideration and approval of an ordinance for a street name change from Misty Haven Lane, in its entirety, to Minyard Lane, located east of Coppell Road and south of Parkway Boulevard, at the request of Minyard Food Stores, and authorizing the Mayor to sign. Mayor Wolfe gave the history of this proposed street name change. He also recommended that the ditch on Misty Haven behind the homes on Winding Hollow Court be cleaned upe Councilman Morton moved to approve Ordinance number 92553 to approve the name change from Misty Haven Lane, in its entirety, to Minyard Lane. Mayor Pro Tem Smothermon seconded the motion; motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Mayo, Robertson, and Garrison voting in favor of the motion. Item 14 Consideration of approving an ordinance adopting Standard Construction Details for the City of Coppell for infrastructure construction, and authorizing the Mayor to sign. City Engineer Ken Griffin made the presentation to the Council. Following discussion, Councilman Morton moved to approve Ordinance number 92554 except for SD7 with that section being subject to further review. Mayor Pro Tem Smothermon seconded the motion; motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Mayo, Robertson, and Garrison voting in favor of the motion. Item 15 Consideration of a variance from section 10-5-2 C of the sign ordinance which concerns the setback requirements of monument signs. The variance is requested by Mark McCain CM051292 Page 3 of 6 ..... of Prizm Architects for the Wendy's restaurant proposed to be located at the southwest corner of MacArthur Boulevard and Beltline Road. Planning and Zoning Director Gary Sieb made the presentation to the Council. Following discussion, Councilman Morton moved to approve the variance, as requested, which concerns the setback requirements of monument signs. Councilman Robertson seconded the motion; motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Mayo, Robertson, and Garrison voting in favor of the motion. Item 16 Consideration of a variance from section 10-8-4 of the sign ordinance which concerns signs that identify the coming of a new business or use. The variance is requested by the City of Coppell for the new Library building located on Heartz Road. Planning and Zoning Director Gary Sieb was present to answer questions from Council and citizens regarding signs. Mr. Foy Layton of 648 Parkway Boulevard requested the new library be named William T. (Bill) Cozby Public Library. Mary Brumbaugh of 524 Christi Lane and Ann McNear of 456 W. Bethel Road agreed with Ms. Layton's request. Mr. Ken Hevron of 786 Pelican Lane, a member of the Library Board, stated the Board has not taken a position on the name. He also requested, as a citizen, that the name be determined at a more appropriate time when more citizens would have an opportunity to speak, and he felt that the sign in question need not indicate the official name of the library. Mr. Dale Griffiths of 538 Lee stated he agreed with the comments of Ken Hevron. Mary Evelyn Mobley of 709 S. Coppell Road gave a history of William T. Cozby's contributions to the City. Wheelice Wilson of 417 W. Bethel Road also gave a history of contributions by Bill Cozby. Following discussion, Mayor Pro Tem Smothermon moved to erect the sign per the sketch with the stipulation that the name on the sign be stated as the "William T. Cozby Public Library." Councilman Morton seconded the motion; motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Robertson, Mayo and Garrison voting in favor of the motion. Item 17 Award of bid for the construction of the Fire Administration Building to Dal-Tech Construction, Inc. for $254,580.00. However, City does not have on hand funds to allow the City to enter into a contract with the contractor, so award of bid is subject to the City working out financing for the project and conditioned that if financing can't be worked out, project will have to be revised and re-bid. Councilman Robertson moved to postpone this item until after the mid-year budget and consider it on June 9, 1992, and that final numbers be provided to Council prior to mid-year budget. Mayor Pro Tem Smothermon seconded the motion; motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Robertson, Mayo and Garrison voting in favor of the motion. Item 18 Mayor's Report A. Mayor Wolfe reminded all that the public hearing on Paragon Cable is May 26, 1992. B. Mayor Wolfe stated the Mid-year budget will be May 27, 1992 at 6:00 p.m. C. Mayor Wolfe stated the grand opening for Thacker Container will be May 15, 1992 from 4:30 p.m. to 7:30 p.m. D. Mayor Wolfe asked for discussion on the starting times of City Council meetings. It was the consensus of the Council that an amendment to the Council's Procedures Ordinance will be brought forward on May 26, 1992 and reflect a starting time CM051292 Page 4 of 6 ~t...~ for the regular session to be a 7:00 p.m. The starting times for the executive session and work session will remain flexible. E. Councilman Morton requested and received consensus of Council regarding a $1,000 expense for dividends for the Economic Development Board. This item will appear on the consent agenda at the next Council meeting for formal approval. Item 19 Liaison Reports A. YMCA Councilman Robertson stated there were 135-150 people who attended the YMCA grand opening, and that they are already looking at expansion. B. METROCREST RED RIBBON CAMPAIGN COMMITTEE Mayor Pro Tem Smothermon reported the Red Ribbon Committee met, and the Red Ribbon Campaign will start October 19, 1992 and is being carried by other cities' police departments (Addison, Carrollton, Farmer's Branch). He stated the Farmer's Branch Police Department had a softball team, and he would like Coppell's police officers to take a more active part in this campaign. He also reported there is another meeting scheduled for August 12, 1992. C. PARK Councilman Thomas reported the Park Board is looking at a sign for the creative playground, and it was the consensus of Council to bring forward a variance to the sign ordinance at the next Council meeting. CONSENT AGENDA Item 20 A. To consider an ordinance for Case #S-1006(A), 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, Suites 104 and 105, and authorizing the Mayor to sign. B. To consider an ordinance for Case #PD-121 (Gibbs Station, Phase I), to change the zoning designation from (MF-2-Multi-Family-2, to (PD-SF-7) Planned Development Single Family-7, on a parcel of land located along the east side of MacArthur Boulevard, and north of Parkway Boulevard, and authorizing the Mayor to sign. C. To consider an ordinance for Case #PD-122 (Gibbs Station, Phase II), to change the zoning designation from (MF-2) Multi-Family-7, on a parcel of land located along the east side of MacArthur Boulevard, and north of Village Parkway and authorizing the Mayor to sign. D. Approval of an ordinance amending ordinance 207-A allowing for 2X1 waste and recycling collection service year round as negotiated and authorizing the Mayor to sign. Mayor Pro Tem Smothermon moved to approve Consent Agenda Items 20A through 20D with agenda Item 20A carrying Ordinance number 91500-A- 19, Item 20B carrying Ordinance 91500-A-20, Item 20C carrying Ordinance 91500-A-21, and Item 20D carrying Ordinance 92555. Councilman Morton seconded the motion; motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Robertson, Mayo and Garrison voting in favor of the motion. EXECUTIVE SESSION Item 5-ES A. Article 6252-17, Section 2 (f), discussion CM051292 Page 5 of 6 (i'~i~i0'~ concerning the negotiating position of the City with respect to agreements involving interests in land and the ,value of real property. 1. Extra Territorial Jurisdiction 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. Fire Administration Building 2. Shrader Agreement 3. New Lawsuits/Claims 4. Status Report of Pending Lawsuits/Claims C. Article 6252-17, Section 2 (g), discussion concerning personnel. 1. Boards & Commissions Appointments 2. Appointment of a Citizen to the Subcommittee to Review all additions and amendments to the Policies and Procedures Handbook. The City Council convened into Executive Session at 8:50 p.m. as allowed under the above stated articles. Mayor Wolf adjourned the Executive Session at 9:24 p.m. and opened the public session. There being no further business to come before the Council, the meeting was adjourned. Mayor Wolfe, ATTEST: Dorothy Timmons, City Secretary CM051292 Page 6 of 6 (ir'""