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CM 1992-05-26 MINUTES OF May 26, 1992 The City Council of the City of Coppell met in Regular Called Session on Tuesday, April 28, 1992 at 6:00 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 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 concerning order of the agenda. B. General discussion concerning items on the agenda. C. Mayor Wolfe drew for award of Bid (Item No. 13). Pioneer Aggregates drawn by lot. Item 3 Invocation Councilman Mayo 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 (e), Senate Concurrent Resolution Number 83, discussion with City Attorney concerning matter involving privileged communications between attorney and client. 1. Status Report of Pending Lawsuits/Claims (Not on agenda) 2. Cable Franchise Agreement (Item #10) 3. Johnny Thompson (Not on agenda) 4. Barbara Austin (Not on agenda) 5. D/FW Airport Expansion (Not on agenda) The City Council convened into Executive Session at 6:01 p.m. as allowed under the above stated articles. Mayor Wolfe adjourned the Executive Session at 6:43 p.m. and opened the public session. REGULAR SESSION (Open to the Public) Item 6 Approval of minutes: May 5, 1992 May 12, 1992 Mayor Pro Tem Smothermon moved to approve the minutes of May 5, 1992 and May 12, 1992 as submitted. Councilman Morton seconded the motion. The 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 7 Citizens Appearances Todd Merkow (218 Ibiris, Arlington, Texas), President of Future CM052692 Page 1 of 6 Cable Vision, presented the Council with information regarding a cable alternative through Direct Broadcast Systems. Item 8 A. Swearing in Carol Williams to the Board of Adjustments for a one-year term of office which will expire October, 1993. B. Swearing in of Jerry Singleton to the Economic and Business Development Board for a one-year term of office which will expire October, 1993. Mayor Wolfe swore in Carol Williams to the Board of Adjustments and Jerry Singleton to the Economic and Business Development Board, each for one-year terms of office which will expire October, 1993. Item 9 Consider appointment of a second City Council member as liaison to the Economic and Business Development Board - requested by Mayor Wolfe. Following discussion, Councilman Morton moved to approve the recommendation of Mayor Wolfe and appoint Councilman David Thomas as the second liaison to the Economic and Business Development Board. The motion, seconded by Mayor Pro Tem Smothermon, carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Mayo, Robertson and Garrison voting in favor of the motion. Item 10 PUBLIC HEARING: Presentation by Buz Nesbit, Vice President of Operations for Paragon Cable, regarding the H.S.E. and other related items. Mayor Wolfe made introductory remarks and explained the history of Coppell's cable system prior to receiving comments from the audience. Buz Nesbit, Vice President of Operations for Paragon Cable, made a presentation to Council, responding to the Mayor's opening remarks and providing the history of how Paragon had arrived at the decision to drop HSE. Mayor Wolfe declared the Public Hearing open and asked if there were any citizens who wished to speak in favor of or in opposition to recent Paragon Cable changes. Fourteen (14) Coppell residents provided personal comments/opinions regarding the cancellation of HSE, quality of service by Paragon to cable subscribers, and desire for alternatives/options to current cable services: 1. Clifford Coleman, 233 Tanbark Circle 2. Kent Moore, 436 Dillard Lane 3. Peggy Quinn, 305 Beachwood 4. Roger Rubrecht, 825 Woodmoor 5. Nick Schribner, 752 Robin 6. Roger Thedford, 297 Alex Drive 7. Wayne Williams, 784 Crestview Court 8. Ed Stephens, 616 Johnson 9. Terry Cady, 704 Greenway 10. Rick Johnson, 2727 Posey Lane, Irving 11. Lannie Jackson, 431 Bethel School Road 12. Richard McGeary, 410 Cooper Lane 13. Allen Wells, 738 Meadowglen 14. Debbie Conley, 571 Parkwood There being no other citizen wishing to speak, Mayor Wolfe then declared the Public Hearing closed. Buz Nesbit made additional comments regarding Paragon's position and answered questions from the Council. Mayor Wolfe stated that the franchise is a non- exclusive franchise. It was the consensus of Council that the Paragon Cable Franchise Special Study Committee will develop an ordinance that would establish a Cable Review Board for presentation at the June 23, 1992 meeting. This Board will consist of 5 members with 2-year staggered terms. Appointments to the Cable Review Board will be made during the regular September, 1992 Council session in which annual Board appointments will be made. Additionally, the Council reserves the right to conduct another Public Hearing at some future date. CM052692 Page 2 of 6 ~,t~, Item 1! PUBLIC HEARING: Consideration and approval of a replat of Gateway Business Park, Block 2, located at the Northwest corner of Freeport Parkway and Gateway Boulevard, at the request of Catellus Development Corporation. Planning and Community Service Director, Gary Sieb, made the presentation to the Council. Mr. Sieb recommended approval with the following seven (7) conditions: 1) the landscaping in the Parkway shall be complete as the individual lots are developed, 2) all applicable fees pertaining to individual lots to be paid by lot owners as the individual lots are developed, 3) shrubs less than 15' in height are to be placed in the west right-of-way of Freeport Parkway, with staff reviewing and approving the landscape plan prior to any building permits, 4) the developer provide off-site drainage which is estimated to cost $285,000, at the developers expense, 5) no sidewalks at this time, 6) the parking setbacks lines on the plat will be removed, 7) there will be a 100' street easement for a 60' street, and the developer will specify the final 60' street location by the May 12 Council meeting, the intersection will remain as shown on the present plat. Mayor Wolfe declared the Public Hearing open and asked if there were any citizens who wished to speak in favor of the proposal; there were none. He then asked for those persons wishing to speak against the proposal. Again, there were none. Mayor Wolfe then declared the Public Hearing closed. Councilman Morton moved to approve Item 11 as submitted, including the above-stated seven (7) items. 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 Consideration to award bid No. Q-0392-03 for the purchase of concrete parking curbs to be placed at Andrew Brown Park to Parkway Concrete Products in the amount of $6,300.00. Following discussion, Mayor Pro Tem moved to award bid No. Q-0392- 03 for the purchase of concrete parking curbs to be placed at Andrew Brown Park to Parkway Concrete Products in the amount of $6,300.00. Councilman Thomas 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 13 Consideration to award bid No. Q-0492-02 for the purchase of aggregate material in the amount of $7,179.70 to be placed at Andrew Brown Park to Pioneer Aggregates or Texas Industries by the drawing of lots as directed by the Mayor. Following the drawing of lots as directed by the Mayor, Councilman Thomas moved that bid No. Q-0492-02 for the purchase of aggregate material in the amount of $7,179.70 be awarded to Pioneer Aggregates. 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 14 Consideration of approving a contract with Barton- Aschman, Associates, Inc. to provide professional engineering services for design and inspection of traffic CM052692 Page 3 of 6 ~0~0 signal installations at (1) Bethel Road and Coppell Road, and (2) MacArthur Blvd. and Samuel Blvd. for a total amount not to exceed $14,572.00. City Engineer, Kenneth Griffin, made the presentation to the Council. Following discussion, Councilman Morton moved to approve the contract with Barton-Aschman, Associates, Inc. to provide professional engineering services for design and inspection of traffic signal installations at (1) Bethel Road and Coppell Road, and (2) MacArthur Blvd. and Samuel Blvd. for a total amount not to exceed $14,572.00. The motion was seconded by Mayor Pro Tem Smothermon; 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 Discussion and input on a Road Hump Policy for the City of Coppell, and report on the stop sign study at Burning Tree and Winding Hollow. Ken Griffin, City Engineer, made a slide presentation and reviewed the current City of Dallas Road Hump Policy. In response to a request for a stop sign at the intersection of Burning Tree and Winding Hollow, engineering studies demonstrate that a stop sign at that intersection is not currently warranted. Councilman Weaver requested that the staff look at alternative solutions, other than speed humps, to control speeding on residential streets. Councilmen Morton and Thomas suggested we identify a test area and formulate a policy to provide this type of speed control, including the possible use of big screen radar. It was the consensus of Council that a policy should be formulated for presentation at the August City Council work session. No formal action was required on this Item. Item 16 Mayor's Report A. In reference to a letter from Dean Wilkerson pertaining to Municipal liability regarding household waste, Mayor Wolfe requested City Attorney Larry Jackson to prepare a report and respond back to Council with his findings. B. Mayor Wolfe announced the Mid-Year Budget Review to be held May 27, 1992, at 6:00 p.m. C. Mayor Wolfe announced the City of Coppell Employee Appreciation Banquet will be held on July 11, 1992. D. In reference to a memo from Councilman Weaver to Alan D. Ratliff, City Manager, regarding the sidewalk issue: the park on MacArthur does not have a sidewalk. When Wilson Elementary School opens, the sidewalk for the park on MacArthur and on Coppell Road will be included as a supplement. Staff was also requested to check into the school district sharing the cost of the installation of the sidewalk on Coppell Road. E. A discussion for the banquet to be held for former Councilmen Nelson and Cowman determined a favorable time- frame would be for July. Councilmen Garrison and Robertson are to work on developing this project. F. Mayor Wolfe announced that Alan D. Ratliff, City Manager, had been voted "Administrator of the Year" by ASPA, and requested that this item be put in the newspaper. Item 17 Liaison Reports A) ARCHITECTURAL REVIEW COMMITTEE FOR TOWN CENTER There was no report at this time. B) COPPELL HISTORIC DISTRICT There was no report at this time. CM052692 Page 4 of 6 ~.},I0~ C) DALLAS CENTRAL APPRAISAL DISTRICT (DCAD) There was no report at this time. D) FINANCE COMMITTEE There was no report at this time. E) LIBRARY COMMITTEE Councilman Weaver reported that there will be a Friends of the Library meeting on Saturday, May 30, 1992 at 9:00 a.m. - 10:00 a.m. in the Rotary Room. F) METROCREST RED RIBBON CAMPAIGN COMMITTEE (DRUG AWARENESS) There was no report at this time. G) MUD ABSORPTION COMMITTEE There was no report at this time. NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG) There was no report at this time. I) PARK BOARD There was no report at this time. J) PERSONNEL POLICY TASK FORCE COMMITTEE There was no report at this time. K) RECYCLING COMMITTEE There was no report at this time. L) SCHOOL BOARD There was no report at this time. CONSENT AGENDA Item 18 A. Consideration and approval of a final plat of Country Estates,located at the southeast corner of Bethel School Road and Harris Street, at the request of Horace T. Ardinger. B. Discussion and consideration of awarding Bid #Q- 0392-01 for the Phase I Drainage Improvements, Hunterwood Subdivision - to Gibson & Associates, Inc. in the amount of $13,162.50 and authorizing the City Manager and City Engineer to execute change orders for Alternates A B & C, if necessary. C. Consideration and approval of an ordinance abandoning certain utility easements on Lots 1-29, Block E of the Waterford at Lake Park Addition, and authorizing the Mayor to sign. Do Consideration and approval of a Resolution to encroach upon a utility easement, located in Northlake Woodlands No. 7 Addition, Lot 9, Block E to allow a swimming pool and decking, which were constructed by the previous owner of the property, at the request of Bryan and Sandra Jones. ~. Consideration of a resolution designating a Lease- Purchase Agreement, between the City and Consolidated Financial Resources, Inc., for the purpose of financing a Computer System for Policy and Fire CAD, as a "qualified tax exempt obligation" of the City and authorizing the Mayor to sign. F. Consider approval of an ordinance establishing a meeting time of 7:00 p.m. for the open session of regular City Council meetings and authorizing the Mayor to sign. CM052692 Page 5 of 6 G. Discussion and appropriate action regarding the Coppell Creative Playground Project: 1) Discussion and consideration of approval to exempt the Coppell Creative Playground Project group from permit requirements of the City of Coppell's Peddlers and solicitor's Ordinance No. 92538. 2) Consideration of a variance from Section 10-8- 4 of the City of Coppell Sign Ordinance, which concerns temporary signs. The variance is requested to locate the creative playground site and to identify progress in achieving monetary support for the playground. H. Consideration of acceptance and approval of the final payment in the amount of $16,578.12 to Rhode Construction Company for the North Kaye Street Drainage Project. I. Discussion and consideration of approving a payment of $1,000.00 in support of Dividends, an economic development newsletter which is a publication of the Coppell Industrial Development Task Force directed toward educating the general public. The Council commended staff for the drainage work that has been done on Kaye Street. Mayor Pro Tem Smothermon moved to approve Consent Agenda Items 18-A through 18-I, with Item 18-C carrying Ordinance No. 92556, Item 18-D carrying Resolution No. 052692.1, Item 18-E carrying Resolution No. 052692.2, and Item 18-F carrying Ordinance No. 92557. Councilman Morton seconded the motion. The motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Mayo, Robertson and Garrison voting in favor of the motion. EXECUTIVE SESSION (Closed to the Public) Item 5-ES A. 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. Johnny Thompson 2. Barbara Austin 3. Home located at 221 Meadowcreek 4. D/FW Airport Expansion 5. Amy Jacobs re: EEOC claim The City Council convened into Executive Session at 10:11 p.m. as allowed under the above stated articles. Mayor Wolfe adjourned the Executive Session at 11:18 p.m. and opened the public session. REGULAR SESSION (Open to the Public) There being no further business to come before Council, the meeting was adjourned. Mark Wolfe ATTEST: Dorothy Timmons, City Secretary CM052692 r- Page 6 of 6 6,3~0~