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CM 1992-07-22 MINUTES OF JULY 22, 1992 The City Council of the City of Coppell met in Regular Called Session on Tuesday, July 22, 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. Development Fees/CISD b. Discussion of possible drainage solutions related to Barbara Austin property c. Thoroughfare Study d. Municipal Liability & Household Waste e. General Discussion of Agenda Items _ 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. Johnny Thompson 2. Firefighters Lawsuit 3. Unemployment Claim RE: Barney Barnett 4. Carrollton Radios 5. Status Report of Pending Lawsuits/Claims The City Council convened into Executive Session at 5:34 p.m. as allowed under the above stated article. Mayor Wolfe adjourned the Executive Session at 6:04 p.m. and opened the public session. _ REGULAR SESSION (Open to the Public) Item 6 Approval of Minutes: June 23, 1992 Councilman Morton moved to approve the minutes of June 23, 1992 as submitted. Councilman Robertson 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. CM072292 Page 1 of 7 (~t~,;_~ !i}7 Item 7 Citizens Appearances Johnny Thompson of 780 E. Beltline, expressed his appreciation on the mowing of the railroad track on Beltline Road and thanked the City for working with him on the Longbranch issue. Item 8 Consideration for approval of two agreements with Dallas County to perform asphalt overlays to four (4) Type "E" streets in the amount not to exceed $34,000.00; and one (1) Type "B" street in the amount not to exceed $24,350.00 and authorizing the Mayor to sign the agreements. Councilman Morton moved to approve the two agreements with Dallas County to perform asphalt overlays to four (4) Type "E" streets in the amount not to exceed $34,000.00; and one (1) Type "B" street in the amount not to exceed $24,350.00 and authorizing the Mayor to sign the agreements. Mayor Pro Tem Smothermon 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 9 Consideration of a variance from Section 10-8-4 of the Coppell Sign Ordinance which addresses signs advertising new developments. The request is made by Rejoice Lutheran Church on a tract of approximately 4 acres, located west of Moore Road on the north side of Sandy Lake Road. Councilman Morton moved to approve a variance from Section 10-8-4 of the Coppell Sign Ordinance which addresses signs advertising new developments for Rejoice Lutheran Church on a tract of approximately 4 acres located west of Moore Road on the north side of Sandy Lake Road to expire 1-1-96 and requiring the sign to be kept in good repair. Councilman Robertson 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 10 A. Discussion and consideration of adopting a resolution authorizing a one day carnival in support of the MDA Labor Day Telethon to occur on Monday, September 7, 1992, at 580 S. Denton Tap Road, and authorizing the Mayor to sign. B. Consideration and approval of a request by ERA Mike Clements and Associates requesting the same activity, and a variance to the Coppell Sign Ordinance, and waiving fees for one portable sign and two banner-signs. Councilman Robertson moved to approve Item 10-A; adopting a resolution authorizing a one day carnival in support of the MDA Labor Day Telethon to occur on Monday, September 7, 1992 at 580 S. Denton Tap Road, and authorizing the Mayor to sign; and Item 10-B granting a variance to the Coppell Sign Ordinance, and waiving fees for one portable sign and two banner-signs. Councilman Mayo 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 11 PUBLIC HEARING~ Consideration and approval of a zoning change request, Case #S-1060, (Slider and Blues), from (C) Commercial, to (C-SUP) Commercial Special Use Permit for the operation of a restaurant, located at the southeast corner of Sandy Lake Road and Denton Tap Road, at the request of Univest. Page 2 of 7 ~1,j%;3 Gary Sieb, Director of Planning and Community Services, made the presentation to the Council and informed the Council that changes have been made since the Planning and Zoning Commission meeting. These changes include the number of parking spaces and the setback of the building. Peter Buell, representing the applicant, addressed the Council in regard to increasing the number of parking spaces from 22 to 35 and cutting down eight trees instead of four. Glen Hinckley, the owner of the property also addressed the Council in reference to the parking spaces, setback of the building and saving trees. Mayor Wolfe declared the Public Hearing open and asked if there were any citizens present to speak in favor of the request. There being no citizens present to speak in favor of the request, Mayor Wolfe asked if there were any citizens present to speak in opposition of the request. There being no citizens who wished to speak, Mayor Wolfe declared the public hearing closed. Councilman Robertson moved to approve plan #3 presented tonight, showing 35 parking spaces, subject to Minyard's approval of the thirteen off-site parking spaces (to be contiguous to the requested zoned property) with the following three conditions: (1) that the dumpster be screened on at least three sides; (2) screening wall around the deck be of sufficient height to prevent sight of patrons on the deck from the public right-of-way adjacent to the area; and (3) that the developer abide by the streetscape plan. Mayor Pro Tem Smothermon seconded the motion. The motion carried 5-2 with Mayor Pro Tem Smothermon and Councilmen Thomas, Morton, Robertson, and Garrison voting in favor of the motion and Councilmen Weaver and Mayo voting against the motion. Item 12 PUBLIC HEARING: Consideration and approval of a replat of Village of Coppell, Phase III-B, located at the southwest corner of Allen Road and DeForest Road, at the request of Grand Homes, Inc. Gary Sieb, Director of Planning and Community Services, made the presentation to the Council and stated that the Planning and Zoning Commission had recommended approval. Pat Akins, representing the applicant, also addressed the City Council. Mayor Wolfe declared the Public Hearing open and asked if there were any citizens present to speak in favor of the request. There being no citizens present to speak in favor of the request, Mayor Wolfe asked if there were any citizens present to speak in opposition of the request. There being no citizens who wished to speak, Mayor Wolfe declared the Public Hearing closed. Councilman Weaver moved to approve the replat of Village of Coppell, Phase III-B, located at the southwest corner of Allen Road and DeForest Road, at the request of Grand Homes, Inc. with an addition to the plat concerning the drainage easement being worked out with staff and being maintained by the Village of Coppell Homeowners Association. Councilman Thomas 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 13 PUBLIC HEARING: Consideration and approval of a replat of Corners of Coppell, Lots 1R, 3R, and 4R, Block 1, located at the southeast corner of Sandy Lake Road and MacArthur Boulevard, at the request of Reklaw Partnership, Inc. Gary Sieb, Director of Planning and Community Services, made the presentation to the Council and stated that the Planning and Zoning Commission recommended approval with four conditions. Stephen C. Hundley, representing the applicant, also addressed the Council. Mayor Wolfe declared the Public Hearing open and asked if there were any citizens present to speak in favor of the request. There being no citizens present to speak in favor of the request, Mayor Wolfe asked if there were any citizens present to speak in opposition of the request. There being no citizens who wished to speak, Mayor Wolfe declared the Public Hearing closed. Following discussion, Mayor Pro Tem Smothermon moved to approve a replat of CM072292 Page 3 of 7 O~i Corners of Coppell, Lots iR, 3R, and 4R, Block 1, located at the southeast corner of Sandy Lake Road and MacArthur Boulevard, at the request of Reklaw Partnership, Inc. with the following four conditions; (1) that all staff recommendations be met; (2) that a note be placed on the plat showing finished floor elevations; (3) agreement to maintain in a healthy and growing condition all landscaping on the property; and (4) designating the plat as a replat of the Corners of Coppell subdivision. 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 14 PUBLIC HEARING: Consideration and approval of a replat of Village at Cottonwood Creek, Section IV, located at the southeast corner of Coppell Road and Parkway Boulevard, at the request of Jim Sowell Construction Company. Gary Sieb, Director of Planning and Community Services, made the presentation to the Council and stated that the Planning and Zoning Commission recommended approval with seven conditions. Craig Curry, representing the applicant, also addressed the Council. Mayor Wolfe declared the Public Hearing open and asked if there were any citizens present to speak in favor of the request. There being no citizens in speaking in favor of the request, Mayor Wolfe asked if there were any citizens present to speak in opposition of the request. David Smith of 206 Winding Hollow, expressed his concerns about the increase in the traffic volume through the residential area. There being no other citizens who wished to speak in opposition of the request, Mayor Wolfe declared the Public Hearing closed. Councilman Robertson moved to approve a replat of Village at Cottonwood Creek, Section IV, located at the southeast corner of Coppell Road and Parkway Boulevard, at the request of Jim Sowell Construction Company, subject to the following conditions; 1) that there be a six inch masonry wall along Parkway Boulevard; 2) landscaping be included on all cul-de-sacs; 3) landscaping be included along Parkway; 4) wooden screening fence be built along Minyard Drive; 5) 1800 square foot minimum house size on area basically zoned SF-7, 2000 square foot on area zoned SF-9, and 2200 square foot on the lots abutting the flood way; 6) homeowners association be formed to maintain all common areas; and 7) that the two additional easements being recommended by the City Engineer be included on the plat prior to being presented to the City Council. Councilman Weaver seconded the motion. The motion carried 5-2 with Councilmen Weaver, Thomas, Mayo, Robertson and Garrison voting in favor of the motion and Mayor Pro Tem Smothermon and Councilman Morton voting against the motion. Item 15 Consideration and approval of a preliminary plat of Parks of Coppell, Tract IV, located north of Coppell High School and west of Denton Tap Road, at the request of Dan Dowdey and Associates, Engineers. Gary Sieb, Director of Planning and Community Services, made the presentation to the Council. Following discussion, the Council requested that the staff look at placing "no parking" signs along Parkway Boulevard. Councilman Robertson moved to approve the preliminary plat of Parks of Coppell, Tract IV, located north of Coppell High School and west of Denton Tap Road, at the request of Dan Dowdey and Associates, with the following conditions; (1) that the developer assure a pedestrian crossing under the bridge into Andrew Brown Parks be made; and (2) that the twenty foot easement to the Park be indicated on the plat and be maintained by the Homeowners Association. 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. CM072292 Page 4 of 7 f:¢-.-'~ 4 ' t, Item 16 Discussion and consideration of appointing a representative to serve on the Metrocrest Nonprofits Forum. Councilman Morton moved to appoint Mayor Mark Wolfe to serve on the Metrocrest Nonprofits Forum. Mayor Pro Tem Smothermon 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 17 Discussion and consideration of re-scheduling the meeting to discuss Capital Improvement Projects until July 27, 1992. Councilman Morton moved to reschedule the meeting to discuss Capital Improvement Projects until July 28, 1992 and incorporate into regular agenda and to start at 6:00 p.m. Mayor Pro Tem Smothermon seconded the motion. The motion carried 6-1 with Mayor Pro Tem Smothermon and Councilmen Thomas, Morton, Mayo, Robertson and Garrison voting in favor of the motion and Councilman Weaver voting against the motion. Item 18 Mayor's Report 1. Mayor Wolfe called the Council's attention to an article in the Business Journal regarding Riverchase. 2. Mayor Wolfe gave a special thanks to Alan D. Ratliff for The Employee Recognition Dinner. Mr. Ratliff presented name tags to City Council Members that could not be present at the dinner. 3. Mayor Wolfe reminded the Council of the in-house sales ratio study done by the Finance Department and that some subdivisions may require review by the Tax Appraisal District. 4. Mayor Wolfe gave a reminder of the Open House on Saturday, July 25th for Congressman Joe Barton. 5. Mayor Wolfe has scheduled the Ministerial Association to be present at the Council meetings to give the invocation. 6. Councilman Robertson announced that tickets are on sale for the Cowman/Nelson Roast on August 21, 1992 at Regina's Hallmark. The ticket price is $25.00. 7. There was a discussion on the time for Budget Work Session starting August 14th and 15th. Councilman Weaver announced that he will be out of town. A discussion on changing the dates of the meeting will be placed on the July 28th agenda. Item 19 Liaison Reports A. Library Board Councilman Weaver announced that the Library Board held a meeting on July 21. He received a good progress report on the Library. _ B. MUD Absorption Committee Councilman Weaver announced that the MUD Absorption Committee has moved their meetings to 5:00 p.m. CM072292 Page 5 of 7 Item 20 Consent Agenda A. Consideration of setting urban area boundaries in conjunction with the Intermodal Surface Transportation Efficiency Act of 1991 and authorizing the Mayor to sign. B. Consideration for authorization to submit a Hazard Mitigation and authorizing the Mayor to sign the grant application. C. Consideration and approval of a variance to the Coppell Sign Ordinance, to allow yard signs to advertise the Coppell Community Theater production of "Music Man", said variance to extend from July 7 through August 2, 1992. D. Consideration and approval of a request of the Exchange Club to conduct its annual Fourth of July activities and waiver of requirements and fees normally assessed to stage said event. E. Consideration and approval of a final plat of Chaucer Estates, located at the northwest corner of Heartz Road and Sandy Lake Road, at the request of Chaucer Estates Joint Venture. F. Approval of an ordinance for the City of Coppell, Texas amending Section 8-3-1 of the Code of Ordinances of the City of Coppell; making it unlawful for any person to park a vehicle on the east side of Heartz Road from Parkway Blvd. to 35 feet south of Sandy Lake Road, on the west side of Heartz Road from 35 feet north of VanBebber to 35 feet south of VanBebber and on the east and west side of Heartz Road from 35 feet north of Bethel School Road to Bethel School Road, and on the east side of Heartz from 35 feet south of Park Meadow Way to 35 feet north of Bethel School from 7:00 a.m. to 6:00 p.m., any Monday, Tuesday, Wednesday, Thursday or Friday; providing a repealer clause; providing a severability clause; providing penalties for violation of this ordinance not to exceed the sum of $500.00 (five hundred dollars) for each offense; and providing an effective date and authorizing the Mayor to sign. G. Consideration to award bid for Animal Boarding Services to Sandy Lake Animal Hospital in the amount not to exceed $15,000.00. H. Consideration and approval of an ordinance amending Section 3-1-12 of the Code of Ordinances of the City of Coppell, providing for an Emergency Water Management Plan for the City of Coppell and authorizing the Mayor to sign. Mayor Pro Tem Smothermon moved to approve Items 20-A through 20-H with Item 20-F carrying ordinance number 92561 and Item 20-H carrying ordinance number 92562. Councilman Robertson 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. CM072292 Page 6 of 7 G~. _! i. 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. Firefighters Lawsuit 3. Unemployment Claim RE: Barney Barnett 4. Carrollton Radios 5. Status Report of Pending Lawsuits/Claims The City Council convened into Executive Session at 9:15 p.m. as allowed under the above stated article. Mayor Wolfe adjourned the Executive Session at 10:14 p.m. and opened the public session. REGULAR SESSION (Open to the Public) There being no further business to come before the City Council, the meeting was adjourned. Mark Wolfe, Mayor ATTEST: Dorothy Timmons, City Secretary CM072292 Page 7 of 7