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CM 1992-08-11 ~INUTES OF ~UGUST 11, 1992 The City Council of the City of Coppell met in Regular Called Session on Tuesday, August 11, 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). 1. Call to Order Mayor Wolfe called the meeting to order. EXECUTIVE SESSION (Closed to the Public) Item 2-ES A. Article 6252-17, Section 2(f), discussion with respect to the purchase, exchange, lease, or value of real property. 1. Wellington Place Apartments B. Article 6252-17, Section 2 (e), and Senate Concurrent Resolution Number 83, discussion with City Attorney concerning matter involving privileged communications between attorney and client. 1. Escrow Agreement with Frank Bamburg 2. R.E. Harrington/Haynes & Boone 3. Briefing by Betty Springer on Attorney General's Opinion 7/31/92 4.Longbranch (Not on Agenda) 5.Open Records Act - Kwast Letter 8/4/92 6.Status Report of Pending Lawsuits/Claims 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 7:01 p.m. and opened the public session. WORK SESSION (Open to the Public) 3. Work Session: a. Boundary Area or Orphan Roads b. Off-site Drainage Policy c. General Discussion of Agenda Items REGULAR SESSION (Open to the Public) _ 4. Reconvene Regular Session 5. Invocation Rev. Rob Smith, Pastor, Church of the Apostles Episcopal, led those present in the Invocation. 6. Pledge of Allegiance Mayor Wolfe led those present in the Pledge of Allegiance. CM081192 Page 1 of 7 7. Approval of Minutes: July 22, 1992 July 28, 1992 Councilman Morton moved to approve the minutes of July 22, 1992 as submitted and July 28, 1992 with revisions. Mayor Pro Tem Smothermon seconded the motion. The motion carried 7-0 and Mayor Pro Tem Smothermon, Councilmen Weaver, Thomas, Morton, Mayo, Robertson and Garrison voting in favor of the motion. 8. Citizens Appearances A1 Godwin spoke about the section of Coppell Road from the intersection of Ruby and Plantation north to the intersection of Sandy Lake and Thweatt, right in front of the Wilson Elementary School. Children crossing the street to get to the bus will face certain dangers: the school has no school zone signs, no warning signs or restricted speed limit signs. He asked that sidewalks be installed for the children to safely get to the bus. Oscar Jones, 213 Park Meadow, Coppell, Texas, requested 10 more days to be granted concerning the dog barking incident. 9. Consideration of a resolution to reconsider the Council's resolution directing publication of notice of intention to issue Certificates of Obligation, Series 1992. Following discussion, Councilman Morton moved to reconsider this item, and Mayor Pro Tem Smothermon seconded the motion. The motion carried 7-0 with Mayor Pro Tem Smothermon, Councilmen Weaver, Thomas, Morton, Mayo, Robertson, and Garrison in favor of the motion. Following further discussion of several motions, which died for lack of a second, Mayor Pro Tem Smothermon moved to leave the resolution as approved at the July 28, 1992 meeting. Councilman _ Robertson seconded the motion. The motion carried 4-3 with Mayor Pro Tem Smothermon, Councilmen Morton, Robertson, and Garrison voting in favor of the motion, with Councilmen Weaver, Thomas, and Mayo voting against the motion. 10. Discussion and consideration for directing staff to prepare an official statement, notice of sale, and negotiation and instructions for the issuance for refunding $8,495,000 of General Obligation Bonds. Frank Trando, Deputy City Manager/Finance Director, made a presentation to the Council and advised Council that by this refunding, Council will save the City approximately $411,000 in interest payments. Following further discussion, Councilman Morton moved to approve the preparation of the official statement, notice of sale, and negotiation and instructions for the issuance for refunding $8,495,000 of General Obligation Bonds. 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. 11. Citizen's Appearance by Frank Bamburg to discuss fees assessed to Sand Point Estates Addition. Frank Bamburg, 743 Kings Lane, Desoto, Texas, protested the payment of the escrow amount. He did not believe the property should be assessed for anymore than it is enhanced, and he did not believe the road enhances the subdivision. However he plans to pay the required funds in order to continue development of the subdivision. Steve Lawton, 633 Raven, Coppell, Texas, objected to what he feels is an "assessment" to this property. CM081192 Page 2 of 7 Clarke Watkins, 400 Greentree, Coppell, Texas, objected to the "assessment" on escrow of funds for this development. Johnny Thompson, P. O. Box 1236, Coppell, Texas, spoke regarding the Sand Point Estates Addition. He spoke of widening Sandy Lake Road with a cul-de-sac at the end, at the cost of the developer. 12. Consideration of approving an escrow agreement with Frank Bamburg for Sandy Lake Improvement, for Sand Point Estates, in the Amount of $64,801.42 and authorizing the Mayor to sign. Mayor Pro Tem Smothermon moved to reject the amended escrow agreement as presented, and reiterate the Council's position and only the standard escrow agreement used is acceptable in that such matter was disclosed at final platting and was agreed to by all parties concerned. Councilman Morton seconded the motion. The motion carried 6-1 with Mayor Pro Tem Smothermon and Councilmen Thomas, Morton, Mayo, and Garrison voting in favor of the motion, and Councilman Robertson voting against the motion. 13. PUBLIC HEARING: To consider approval of a zoning change, Case #ZC-542, from (R) Retail, to (FS-9) Single-Family-9, located at 264 W.Bethel Road, at the request of Wendy Webster. Councilman Morton moved to deny without prejudice zoning change Case #ZC-542, from (R) Retail, to (FS-9) Single-Family-9, located at 264 W.Bethel Road. 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. 14. Consideration of a variance for Section 10-8-3 B of the Sign Ordinance which concerns real estate signs. The variance is requested by Jerry Ragsdale, Senior Vice President, Republic Property Group, Inc., for Riverchase Estates. Greg Jones, Acting Chief Building Official, spoke regarding Jerry Ragsdale's request for approving temporary development sign which identifies the builders and Riverchase Estates subdivision. He said it is a typical subdivision sign individuals see when a major development comes in. Discussion followed considering amending the sign ordinance so that these requests will cease coming through. Councilman Robertson suggested that once the subdivision reached a certain stage of development, the signs will come down. The rule of thumb now is 75% of lots sold represents this point. Following discussion, Councilman Morton moved to approve a variance from Section 10-8-3 B of the sign ordinance which concerns real estate signs by Jerry Ragsdale, Senior Vice President, Republic Property Group, Inc., for Riverchase Estates, and that the sign must be taken down when 75% of the building permits are issued. 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. 15. Consideration of a variance from Section 10-6-2-A (1) of the Sign Ordinance which concerns model home signs. This variance _ is requested by Ms. Brenda Elliot of Texas Advertising for David Weekly Homes in Wynn Page Estates. Greg Jones, Acting Chief Building Official, made the presentation to the Council. Following discussion, Council Robertson moved to approve a variance from Section 10-6-2-A (1) of the Sign Ordinance which concerns model home signs requested by Ms. Brenda Elliot of Texas Advertising for David Weekly Homes in Wynn Page Estates. Mayor Pro Tem Smothermon seconded the motion. The motion carried 7- 0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, CM081192 Page 3 of 7 Morton, Mayo, Robertson, and Garrison voting in favor of the motion. 16. Presentation by City Attorney and discussion and consideration of directing staff to prepare the necessary paperwork for calling a referendum election to consider institution of a 1/2 cent sales tax for making park improvements, constructing park facilities and other purposes as may be provided by law. Lawrence W. Jackson, City Attorney, made a presentation to the Council concerning Parks and Recreation under the Irving Bill and Economic and Development under the Coppell Bill. Following discussion, motions being made and withdrawn, Councilman Robertson moved to approve the three-member study committee appointed by the Mayor to review up to a 1/2 cent sales tax for a Parks and Recreation, and Library, and up to a 1/2 cent sales tax for Economic Development, to present their findings at the last City Council Meeting in October, for a possible election being called for January or May. Mayor Wolfe appointed the following Councilmen: Councilman Morton, Economic and Development Committee, Councilman Robertson, Parks and Recreation, and Library, and Councilman Thomas as a neutral person. Councilman Weaver seconded the motion. Motion carried 6-1 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Mayo, Robertson, and Garrison voting in favor of the motion, and Councilmen Morton voting against the motion. 17. Mayor's Report 1. Friday, August 14, 1992, is the deadline for citizens applying for a position with one of the City's boards and/or commissions. 2. The Woman of the Year Banquet is scheduled for September 3, 1992. Eleven seats will be available at the table, including one for Martha Jo Cozby as the former Woman of the Year. Eleven persons can be at a table, instead of the originally scheduled 10, at an additional $30.00. This was done last year. The Mayor received a consensus from Council to approve the $30.00 cost for the extra ticket. 3. Mayor Wolfe reminded City Council of the Budget Meeting at 1:00 p.m. on Friday, August 14, 1992. 4. Mayor Wolfe reminded City Council of the Roast for former Councilmen Cowman and Nelson on August 21, 1992 at Sneaky Pete's in Lewisville. 5. Regarding Paragon Cable, Mayor Wolfe stated they will not bring in HSC due to a low interest by the citizens in this program. He further stated that he felt the survey was considered biased and he was curious as to how Paragon Cable came up with the figures. 6. Mayor Wolfe advised Council that Mr. Oscar Jone's dog is considered a vicious animal by the City's Animal Control officer. Animal Control's opinion is that the dog should be removed from the City. Confused that they only had ten days to appeal this decision, they came in after the deadline and asked for an appeal. They would like the Mayor and Council to waive the 10 days for them to have a hearing. It was the consensus of Council to grant the waiver to Mr. Jones. 7. Mayor Wolfe distributed information to Council concerning an article in the Las Colinas People newspaper, August 6, 1992, regarding DFW. CM081192 Page 4 of 7 8. Mayor Wolfe suggested moving the City Council Meetings to an earlier time, or three times a month instead of two. It was then announced that they must have an ordinance for the time to change. It was the consensus of the Council to have staff submit a revised ordinance at the next City Council meeting of August 25, 1992 moving the meeting time from 7:00 p.m. to 7:30 p.m.. It was also discussed that those persons wishing to speak should do so within the 10 minute time frame. 9. Councilman Morton said the TML Legislative Committee has had several meetings. Introduction and passage of legislation in the next session will include several items concerning personnel. (A copy of Legislation being considered is on file in the City Secretary Department.) Councilman Morton also spoke to Tom Casaday from Trinity Medical Center, and they will install their own poison information center. Mr. Casaday is buying the software to be updated regularly. He will install and operate Micromedics, which will be operational in 60 days. This will be in the Emergency Room of Trinity Medical Center and will be available to all Coppell residents 24 hours a day, 7 days a week. 10. David Thomas stated that at the last Economic Development meeting, dues to belong to the North Texas Commission were cut from the Board's budget and he would like to further discuss this item at the budget meeting on August 14, 1992 to decide if the City should belong to the North Texas Commission. 11. It was discussed that at the Budget Meeting on August 14, 1992, building permit fees for residential property should be brought up and considered. 18. Liaison Reports 1. Library Board - Councilman Garrison stated that the Board looked at the elevation they want to go with. They met with Friends of the Library and will be placing the plans in City Hall in the atrium for citizens inspection. A meeting is scheduled where citizens input regarding the plans will be heard. He attended the North Texas Council of Governments and the new directory is now available. 2. Park Board - Councilman Mayo said the Park Board met and discussed what was taking place in the parks, such as reseeding and mulching. Also discussed was the need for volunteers for Kid Country in October. Construction week is October 20-26th. Development of Grapevine Springs Park will be moved to later this year or early next year. 3. Mayor Pro Tem Smothermon stated that the Red Ribbon Committee will have ribbons at football games, and will celebrate Red Ribbon Week to help construct Kid Country. 4. Economic Business Development Board - Councilman Morton stated the Board spent their time revising their budget based uDon some of the information out of the Finance Committee. A budget will be coming forward for less than what they initially thought, yet slightly more than authorized. They turned down several requests for advertising space, and they will bring forward at their next meeting an invoice from the Coppell Chamber for some monies that were allocated for last year. 5. Finance Committee - Mayor Pro Tem Smothermon stated that CM081192 Page 5 of 7 the Finance Committee proposed that the water and sewer bonds be issued for 16 years rather than 20 years, which would result in savings to the City. Consent Agenda 19. A. Consideration and approval of awarding Bid No. Q-0792-02 for "physical fitness equipment" to Diamond Fitness/Medical in the total amount of $5,068.00. B. Consideration to award bid for concrete pavement repairs on Bethel School Road to B. J.Scott Construction, Inc. for a total not to exceed $15,294.00. C. Consideration of awarding a bid from Tony Crawford Construction to provide Phase One development of Andrew Brown Jr. Community Park, west of Denton Tap Road, in the amount of $258,689. D. Consideration and approval of a final plat of Waters Edge Addition, located 664' north of Sandy Lake Road, along with the west side of MacArthur Boulevard, at the request of Matthews Southwest Investments. E. Consideration and approval of a final plat of Riverchase, located at the intersection of Beltline Road and MacArthur Boulevard, at the request of Republic Property Group. F. Consideration and approval of the certification of the 1992 anticipated collection rate for the period of July 1, 1992 anticipated collection rate through June 30, 1993, and the amount of excess debt collections during the period of July 1, 1991 through June 30, 1992. G. Consideration and approval of a contract with Haynes & Boone for Consulting Services in the area of personnel administration up to the amount of $4,700 and authorizing the City Manager to sign. H. Consideration of approving a variance to the Subdivision Ordinance for the use of 5" thick concrete paving the Andrew Brown Jr. Community Park, as requested by staff. I. Consideration of approving a variance to the Subdivision Ordinance Appendix A-I-D-l-1 (Page 21 entitled Parking Lots) to allow 5" thick concrete pavement in the parking lot area of the Sandy Lake Animal Hospital instead of 6" thick concrete pavement. Councilman Robertson moved to approve Consent Agenda Items 19 A, B, F, H, and I as submitted. 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. Consent Items 19 C, D, E, and G were pulled by Council and staff from the agenda to be discussed separately. Item 19/C. Mayor Pro Tem Smothermon moved to approve the substitution of "west" to "east" as a correction to the agenda item awarding a bid from Tony Crawford Construction to provide Phase One development of Andrew Brown Jr. Community Park, east of Denton Tap Road, in the amount of $258,689. Councilman Weaver seconded the motion and the motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Mayo, Robertson, and Garrison CM081192 Page 6 of 7 voting in favor of the motion. Item 19/D. Mayor Pro Tem Smothermon moved to approve a final plat of Waters Edge Addition, located 664' north of Sandy Lake Road, along with the west side of MacArthur Boulevard, at the request of Matthews Southwest Investments. Councilman Mayo 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 19/E. Mayor Pro Tem Smothermon moved to approve a final plat of Riverchase, located at the intersection of Beltline Road and MacArthur Boulevard, at the request of Republic Property Group, with the proviso that the Golf Easement Letter be provided to the homes that back up to the golf course, and they acknowledge it by signature at the time of earnest money contract is initiated. 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 19/G. Mayor Pro Tem Smothermon moved to approve a contract with Haynes & Boone for Consulting Services in the area of personnel administration up to the amount of $4,700 and authorizing the City Manager to sign, with the stipulation that the changes in the contract be worked out between the City Manager and Haynes and Boone. Councilman Morton seconded the motion. The motion carried 4-3 with Mayor Pro Tem Smothermon and Councilmen Thomas, Morton, and Garrison voting in favor of the motion. Councilmen Weaver, Mayo and Robertson voted against the motion. There being no further business coming before the Council, the meeting was adjourned. Mark Wolfe, Mayor Dorothy Timmons, City Secretary CM081192 Page 7 of 7