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CM 1992-09-08 MINUTES OF SEPTEMBER 8, 1992 The City Council of the City of Coppell met in Regular Called Session on Tuesday, September 8, 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. EXECUTIVE SESSION (Closed to the Public) Item 2ES A. Article 6252-17, Section 2 (f), discussion with respect to the purchase, exchange, lease, or value of real property. 1. Wellington Place Apartments (Not on Agenda) 2. Potential Fire Station Site (Not on Agenda) 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. C. Article 6252-17, Section 2 (g) discussion concerning personnel. 1. Boards & Commissions Appointments (Item #9) The City Council convened into Executive Session at 6:04 p.m. as allowed under the above stated articles. Mayor Wolfe adjourned the Executive Session at 7:17 p.m. and opened the Work Session. WORK SESSION (Open to the Public) Item 3 General Discussion of Agenda Items REGULAR SESSION (Open to the Public) Item 4 Reconvene Regular Session Item 5 Invocation Councilman Morton led those present in the Invocation. Item 6 Pledge of Allegiance Mayor Wolfe led those present in the Pledge of Allegiance. Item 7 Approval of Minutes: August 14, 1992 August 25, 1992 Mayor Pro Tem Smothermon moved to approve the minutes of August 14, 1992 and August 25, 1992 as submitted. Councilman Morton seconded the motion. The motion carried 7-0 with Mayor Pro Tem Smothermon CM090892 Page 1 of 8 and Councilmen Weaver, Thomas, Morton, Mayo, Robertson and Garrison voting in favor of the motion. Item 8 Discussion with Daiias County commissioner Jim Jackson regarding an "Orphan Roads" contract. Dallas County Commissioner Jim Jackson made a presentation to the Council about the county keeping up the roads, in unincorporated areas, that are adjacent to incorporated areas. He is requesting that Coppell work with the County to provide public safety services to a section of IH635 (approximately 2 miles) that is not in any city. Following discussion, the consensus of Council was to appoint Councilman Thomas to meet with Irving and the County Commissioner, and report his findings to the Council. Item 9 Consider appointments to City's Boards and/or Commissions. Mayor Pro Tem Smothermon moved to appoint the following individuals to serve a 2-year term, that will expire in October 1994, for the Planning and Zoning Commission: Ray Hildebrand, George Redford, and Don Meador. Councilman Weaver 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. Councilman Morton moved to reappoint Marca Hiller and Danny Watson for a 2-year term on the Park Board, ending in October 1994, to elevate Amy Spicer Smith to a 2-year term to replace William Coppola, to appoint Charles Markham as an alternate position for a 2-year term. 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. Councilman Robertson made the motion to reappoint Melinda Surbaugh and Dale Griffith for another 2-year term, the elevation of Jeanne Heath to a 2-year term, and a new alternate position for Gene Pyeatt for a 2-year term for the Library Board. 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. Councilman Garrison moved to reappoint William Rohloff for a 2-year term, expiring in 1994, the elevation Ed Spalding from alternate to a regular board member to a 2-year term, to appoint Bronwyn Brock as a regular board member to fill an unexpired term, and to appoint Linda Millegan for a 2-year alternate position and Don Keach for a 1-year alternate position for the Economic and Business Development Board. Councilman Weaver 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. Councilman Mayo moved to reappoint Charles Hyman for a 2-year term, and appoint Tom Hill and Robert Ohlen for 2-year terms for the Code Advisory and Appeal Board. 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. Councilman Robertson moved to reappoint Charles Hyman and John Thomason for a 2-year term, and to appoint Stephen Brandt and William McGinnis as alternates for 2 years for Building and Standards Commission. 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. Councilman Thomas moved to appoint Carl Thompson, Don Featherston, CM090892 Page 2 of 8 and Ronald Wensel to 2-year terms for the Board of Adjustment, and appoint Norman Alexander and Gregory Frnka as alternates for a 2- year term to expire in 1994, and Don Bizzell as an alternate for a 1-year term to expire in 1993. 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. Councilman Weaver moved to reappoint Dr. Tom Sherrill to the Animal Control Appeals Board for a 2-year term. 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. Councilman Weaver moved to appoint Dorothy McPhail to a 1-year term, and to appoint William Sundermann as an alternate to serve a 1-year term as the City's representative to the American Red Cross. 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. Councilman Morton moved to appoint Kent Moore, William Coppola and Melinda Reitman to a 2-year term, with Mark Churchill and Daniel Green to a 1-year term, and to appoint Robert Banks as an alternate for a 2-year term and Keith Roberson as alternate for a 1-year term on the Cable Review Board. 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 10 Discussion and consideration of an ordinance amending Chapter 18 of the Master Fee Schedule in the Code of Ordinances and authorizing the Mayor to sign. Councilman Morton moved to approve Ordinance 92565 amending Chapter 18 of the Master Fee Schedule in the Code of Ordinances and authorizing the Mayor to sign. 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 11 Discussion and consideration of an ordinance approving an amendment to the budget for the city for the Fiscal Year October 1, 1991 through September 30, 1992, and authorizing the Mayor to sign. Councilman Morton moved to approve Ordinance 92566 approving an amendment to the budget for the City for the Fiscal Year October 1, 1991 through September 30, 1992, and authorizing the Mayor to sign. 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 12 PUBLIC HEARING: To receive citizen input on the City of Coppell Budget for Fiscal Year 1992-1993. Owen Weber, 210 Tara Court, Coppell, Texas, stated he was against both tax increases and services. He also did not believe the Public Hearing was widely publicized and feels the budget should be decreased instead of increased. Ron Cleveland, 608 Phillips, Coppell, Texas, stated he was against tax increases. He believes the City should find ways to raise additional revenue and not taxes. Item 13 PUBLIC HEARING: To consider approval of a zoning change, Case #PD-129-R, (Parks of Coppell, Tract III), from (TC) Town Center, to (PD-SF-9) Planned Development Single- Family-9, located at the southwest corner of Parkway CM090892 Page 3 of 8 Boulevard and Denton Tap Road, at the request of Dan Dowdey and Associates. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Following discussion, Councilman Weaver moved to deny the zoning request without prejudice. Mayor Pro Tem Smothermon seconded the motion. The motion carried 5-2 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Mayo and Garrison voting in favor of the motion. Councilmen Morton and Robertson voting against the motion. Following further discussion, Councilman Weaver moved to reconsider the motion previously made. 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. Following further discussion, Councilman Weaver moved to re-open the Public Hearing, leave it open, and continue the case to the October 13, 1992 meeting. 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 Consider approval of a preliminary plat of Parks of Coppell - Tract III, located at the southwest corner of Parkway Boulevard and Denton Tap Road, at the request of Dan Dowdey and Associates. Councilman Weaver moved to deny Item 14 as presented. 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 15 Consider approval of a preliminary plat of Chambers Addition, located on the north side of Bethel Road, approximately 1167' east of the centerline of Coppell Road, at the request of Chambers and Shafer, Inc .... Gary Sieb, Director of Planning and Community Services, briefed the Council that this preliminary plat was approved by the Planning and Zoning Committee on August 20, 1992. Danny Chambers, the applicant, also made a presentation. He is proposing a day care center at this property. Councilman Thomas briefed the Council on the concerns of the Historic Committee, consisting of traffic congestions and the narrowness of the lot. Following discussion, Councilman Robertson moved to approve the preliminary plat of the Chambers Addition with the condition to move the structure further back to allow a larger turn-around area at the drop-off area to eliminate any stacking up of traffic. Following further discussion, Councilman Robertson amended the motion to approve this Item with the building to be set back at least 75 feet for a circular driveway and adequate parking. Councilman Garrison seconded the motion. The motion carried 5-2 with Mayor Pro Tem Smothermon and Councilmen Weaver, Mayo, Robertson, and Garrison voting in favor of the motion. Councilmen Thomas and Morton voted against the motion. Item 16 Consider approval of a preliminary plat of Fairways at Riverchase, located on the east side of Riverchase Drive, 1850' south of Sandy Lake Road, at the request of Thompson Interests, Inc. Gary $ieb, Director of Planning and Community Services, made the presentation to Council and stated these are private streets versus public streets, and that the City is trying to get some sort of cohesive hold along Riverchase Drive such as landscaping, screening, and sidewalks. Melvin Gross, speaking as a Planning and Zoning Commissioner, also made a presentation to the Council that the streets will be public but will be maintained by the Homeowners Association. A guard will be at the gate for security. The applicant, Mike Daniel, of Nathan Meier Engineers, spoke to the Council regarding three (3) variances: No alleys along the golf CM090892 Page 4 of 8 course, the cul-de-sac in excess of 600 feet, and the streets to be public but with controlled access. He indicated a guardhouse will be unmanned. He also addressed comments made by Gary Sieb. The gates would be open in the day, but closed at night. Another applicant, Bill Thompson, with University Park, also addressed the Council on this item. Nathan Meier responded to the Council's questions and concerns regarding a private street with a public access agreement for the streets. Following discussion, Councilman Robertson moved to approve the preliminary plat of the Fairways at Riverchase located at the east side of Riverchase Drive approximately 1850' south of Sandy Lake Road with the thirteen (13) conditions, and also that the face of the plat that it is clearly stated that the City of Coppell and any other utility organization will have twenty-four (24) hour access to the subdivision to maintain the utility services. Mayor Pro Tem Smothermon added the easement be submitted to City staff at least two (2) weeks prior to Council hearing of the final plat so City staff and City Attorney have time to review. It was also stated that the City should approve the Homeowners Association agreement. Public access from dawn to dark was also added. Councilman Robertson agreed to these three (3) additions. Councilman Morton 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. Councilman Weaver voting against the motion. Item 17 Consideration of any action to be taken in connection with the Don Jones litigation. Councilman Morton moved to authorize the Mayor to execute a proposed settlement agreement which has been executive by Mr. and Mrs. Jones and that the settlement agreement does not involve any payment of any City funds, and that a major portion of the settlement is to be paid by other dependents with a nominal amount being contributed by the City's insurance carrier. 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 18 Citizens Appearances There were no citizens making an appearance before the Council. Item 19 Mayor's Report A. It was the consensus of the Council to grant a sign variance to Wes Burch, owner of Coppell Hardware. This item will be on the next consent agenda for formal approval. B. Mayor Wolfe discussed the negative Letters to the Editor of September 2, 1992. He stated that he met with a couple who wrote one of the letters and found they had based their letter on what they read in the newspaper, instead of investigating the facts themselves. Mayor Wolfe believes that he and the Council should take the offensive. During the City Council Liaison Reports, Councilman Thomas expressed his appreciation to the Mayor for his support on this matter. C. Councilman Morton stated that he felt the City should put together a committee regarding absentee landlords and draft a "Neighborhood Integrity Ordinance", whereas when a home becomes vacant and the water is turned off, before it can be turned back on, there must be a code enforcement inspection done to make sure these homes~are meeting code. The committee would include Mayor Pro Tem Smothermon, Councilmen Morton and Robertson, Greg Jones, Chief Building Official as staff liaison, and a citizen to be appointed at a later date. D. Councilman Morton stated that NCTCOG does mapping for cities and he recommended the city look into this. He received CM090892 Page 5 of 8 Carrollton's map of NCTCOG which shows all of the burglaries in a city. This mapping shows law officers patterns in order to catch more offenders. E. Councilman Weaver expressed his concern about parking space at the new Library. He requested it be put on the City/School agenda. F. Mayor Wolfe expressed his concern on the back up of traffic at the red light at Beltline and MacArthur, and at Sandy Lake and MacArthur. G. Mayor Wolfe stated that Beltline east from Dairy Queen starts with a 30 mph sign which moves up to a 50 mph sign. He believes there needs to be more of a warning, such as a special sign to bring the speed change to drivers' attention, so they will not receive speeding tickets. H. Mayor Wolfe requested an adjustment for ambulance fees. The consensus of the Council was to bring it forward. I. Mayor Wolfe stated that Brad Newman requested permission to do a Christmas carriage tour with horse-drawn carriages from December 5-30, from 6 p.m. to 10 p.m. Though Council approval is not needed, Mayor Wolfe wanted to make the Council aware of this request. J. City Manager Alan D. Ratliff expressed his appreciation for the Mayor's comments and his coming to the defense of the City Management staff regarding the public attacks made in the local newspapers. Item 20 Liaison Reports Parks Board Councilman Robertson stated he requested the Park Board to develop a wish list. He also asked staff to investigate North Richland Hills regarding their 1/2 cents sales tax for Parks and Recreation and to see what type of policy they have. He also stated they are still looking for volunteers for Kid Country. Carrollton Youth and Family Services Councilman Morton gave his report on the Carrollton Youth and Family Services and their funding cuts. Dallas Regional Mobility Coalition Councilman Morton spoke of his meeting with the Dallas Regional Mobility Coalition, which is mainly dealing with DART right now. NCTCOG Councilman Morton stated the Resource Conservation Committee (RCC) discussed strategies on waste minimization, and landfills. Office On Aging Councilman Morton stated that the Office on Aging is doing a tremendous job. CONSENT AGENDA Item 21. A. Consideration of a request for a variance to Section 10-5-2 (C) of the Sign Ordinance which concerns setbacks for monument signs. The variance is being requested by Alexander Signs on behalf of Steven King for Sandy Lake Animal Hospital, 107 CM090892 Page 6 of 8 Samuel Blvd. B. Consideration and approval of a variance to the Coppell Sign Ordinance allowing Kid Country Playground Committee signs to be placed near the future site of the playground. C. Consideration of a variance from Section 10-8-3 B of the Sign Ordinance which concerns real estate signs. The variance is requested by Mr. Gregory Rich, Vice President, Chaucer Estates Development Corporation for the Chaucer Estates Subdivision. D. Consideration of adopting a new subsection to Ordinance No. 92546, Section 10-8-3 (D), to allow for temporary development signs to identify new subdivisions, along with builders' and developers' phone numbers and new home price information, prescribing maximum sizes and setbacks; allowing for a specific percentage of new home permit issuance for the signs' removal; and authorizing the Mayor to sign. E. Consider approval of a final payment, in the amount of $19,901.61, to Dallas County Public works for construction of Beltline Road from MacArthur Boulevard to I35E/Beltline Road East/West Project #490/403-403. F. Consider approval of payment to Wilson trophy company in the amount of $90.32 as requested by Councilman Ron Robertson. G. Consideration of acceptance and approval of the final payment in the amount of $13,666.50 to Gibson & Associates, Inc. for the Brooks Lane Phase I drainage Improvements/Hunterwood Subdivision. H. Discussion and consideration of approval of a Proclamation proclaiming October 5-11, 1992 "Sexual Assault Awareness and Prevention Week" and authorizing the Mayor to sign. I. Discussion and consideration of postponing the adoption of ordinances authorizing the issuance of City of Coppell, Texas Combination Tax and Revenue Certificates of Obligation, Series 1992, and City of Coppell, Texas Waterworks and Sewer System Revenue Bonds, Series 1992 to no later than September 22, 1992. J. Consider approval of a final plat of Lakewood Estates, located at the intersection of MacArthur Boulevard and Village Parkway, at the request of L.C. Estates, Ltd. Mayor Pro Tem Smothermon moved to approve items 21 A-J with 21 D carrying Ordinance #92567. Councilman Morton seconded the motion. The motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Mayo Robertson an Garrison voting in favor of the motion. Mayor Wolfe adjourned the Open Session at 10:36 p.m. for a five (5) minute break. At 10:45 p.m. Council went into Executive Session. EXECUTIVE SESSION (Closed to the Public) Item 2ES A. Article 6252-17, Section 2 (f), discussion with respect to the purchase, exchange, lease, or value CM090892 Page 7 of 8 of real property. 1. Wellington Place Apartments (Not on Agenda) 2. Potential Fire Station Site (Not on Agenda) 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. C. Article 6252-17, Section 2 (g) discussion concerning personnel. 1. Boards & Commissions Appointments (Item $9) The City Council convened into Executive Session at 10:46 p.m. as allowed under the above stated articles. Mayor Wolfe adjourned the Executive Session at 11:47 p.m. and opened the Regular Session. There being no further business to come before the Council, the meeting was adjourned. Mark Wolfe, ,.Mayor ATTEST: Dorothy Timmons, City Secretary CM090892 Page 8 of 8