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CM 1993-01-12 MINUTES OF JANUARY 12, 1993 The City Council of the City of Coppell met in Regular Called Session on Tuesday, January 12, 1993 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 Peter G. Smith. REGULAR SESSION (Open to the Public) 1. Call to Order Mayor Wolfe called the meeting to order. Mayor Wolfe adjourned the Regular Session and opened the Executive Session. EXECUTIVE SESSION (Closed to the Public) ES-2 A. 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.* Catellus - PID 2. Negotiation with D/FW Airport (Item #12) 3.* Sewer Encroachment 4.* Ellison Wrecker Service Mayor Wolfe convened into Executive Session at 6:02 p.m. as allowed under the above- stated article. Mayor Wolfe adjourned the Executive Session at 6:59 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A.* Discussion of Concept of Early Release Permits B. Discussion of Audit (Item #18) C.* Library Site Mayor Wolfe adjourned the Work Session and opened the Regular Session. REGULAR SESSION (Open to the Public) 4. Reconvene Regular Session CM011293 Page 1 of 8 060001 5. Invocation Councilman Morton led those present in the Invocation. 6. Pledge of Allegiance Mayor Wolfe led those present in the Pledge of Allegiance. Mayor Wolfe recognized the welcomed Peter G. Smith as the City's principal attorney with the firm of Nichols, Jackson, Kirk & Dillard. 7. Consider approval of Minutes: December 8, 1992 December 15, 1992 Mayor Pro Tem Smothermon moved to approve the minutes of December 8, 1992 and December 15, 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. Consent Agenda was considered at this time. See Item 17 for minutes. 8. Consideration and acceptance of the audited Comprehensive Annual Financial Report for the year ended September 30, 1992. Mayor Pro Tem Smothermon moved to approve and accept the audited Comprehensive Annual Financial Report for the year ended September 30, 1992 with accolades to Frank Trando, Deputy City Manager/Finance Director, and the Finance Department Staff. 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. 9. Consider approval of a final plat of Fairways @ Riverchase, located east of Riverchase Drive and north of Riverchase Club, at the request of Thompson Interests. Gary Sieb, Director of Planning & Community Services, stated this is the first subdivision in Coppell to have a private street and that the developer has revised the entrance. Terry Holmes, the developer, addressed the issue of access to the subdivision. He stated that every homeowner would have a minimum of 2 transmitters and that pedestrian traffic would enter through one of the two side entrances which would have a key lock. There will be a residential-type structure for the guardhouse that can be converted to a fully-manned guardhouse and will have an Opticom System similar to the ones on traffic lights for fire and ambulance entrance. Post office, Police and Public Works will have a secret code access to the key pad for entrance. Gates will be open from dawn to dusk and the computer system for the gates will be of a commercial grade. The base price for homes in the development will be from $240,000 and upwards to $400,000/$500,000. Mike Daniels was also present to speak to the Council. He indicated the gate opening period could not be changed without the plat coming back before the Council. Following discussion, Councilman Robertson moved to approve the f'mal plat of Fairways ~ Riverchase, located east of Riverchase Drive and North of Riverchase Club. Councilman Garrison seconded the motion; the motion carried 4-3 with Councilmen Thomas, Morton, Robertson and Garrison voting in favor of the motion and Mayor Pro Tem Smothermon and Councilmen Weaver and Mayo voting against the motion. CM011293 Page 2 of 8 660002 10. PUBLIC HEARING: To consider approval of a zoning change request, Case #ZC-545, Round Oak Estates, (formerly Oaktree Addition), from (MF-2) Multi- Family-2, and (SF-12) Single-Family-12 to (SF-7) Single-Family-7, located along the west side of Harris Street, 450' north of Bethel School Road, at the request of Matthews Southwest. Gary Sieb, Director of Planning and Community Services, made a presentation concerning 7.28 acres. Planning & Zoning recommended denial of the zoning change; therefore, a 3/4 vote, or 6 votes of Council, will be required to overturn the Planning & Zoning recommendation. Tim House, representing the developer, made a presentation to Council. He stated that on the on western section the developer would drop one lot in order to have 75-foot front lot dimensions, and would also maintain 1800 square foot minimum on houses. Mayor Wolfe declared the Public Hearing open and asked for those persons who would like to speak in favor of this proposal. There were none. He then asked for those persons who wished to speak against this proposal. Dr. Melvin Gross, a Planning & Zoning member, 152 Cottonwood, gave input on the Planning & Zoning meeting. Herb Brown, 420 Kaye Street stated he wanted to keep Kaye Street closed; Jo Ann Smith, 420 S. Coppell Road stated she wanted to keep Kaye Street closed; Joe Fitch, 304 Kaye Street, stated he wanted to keep Kaye Street closed and would like information from the City of why the City wants the street opened; Martha Jo Cozby, 412 S. CoppeH Road, stated she wanted to keep Kaye Street closed; Steven Cason, 308 Kaye Street, stated he wanted to keep Kaye Street closed as children are dropped off at Kaye Street and Coppell Road and have to walk on the street to get home. Mr. Cason also presented a petition with the mai ority of the residents wishing to keep the street closed; Blake Sukosky, 331 Spanish Moss, stated he wanted to keep Kaye Street closed; Sherry Guess, 400 Fieldcrest Circle, stated she wanted to keep zoning at SF- 12 and Vivian Checkley, 812 Howell Street, stated she wanted to keep Kaye Street closed. Mayor Wolfe then declared the Public Hearing closed. There was discussion by Council regarding a double cul-de-sac with a security gate. Clay Phillips, Fire Chief, indicated the Fire Department prefers a through street because it gives a better response time. Following discussion, Councilman Robertson moved to approve the zoning change request, Case #ZC- 545, Round Oak Estates, (formerly Oaktree Addition), from (MF-2) Multi-Family-2, and (SF-12) Single-Family-12 to (SF-7) Single-Family-7, located along the west side of Harris Street, 450' north of Bethel School Road, at the request of Matthews Southwest. Councilman Morton seconded the motion; the motion failed 3-4 with Councilmen Morton, Robertson and Garrison voting in favor of the motion and Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, and Mayo voting against the motion. 11. Consideration of accepting the all-way stop sign warrant study results for the intersection of Moore Road and Bethel School Road. Ken Griffin, City Engineer, made a presentation stating that a traffic study had been reviewed for three different locations. Mr. Griff'm made a recommendation for a 4-way stop sign at Moore and Bethel School Road only, and stated there was a question concerning a traffic light study to see if a light is warranted. Mr. Griffin stated that the City would put up signs warning motorists that they are approaching a stop sign. Following discussion, Councilman Morton moved to approve the warrant study results and direct the ail-way stop sign at Moore Road and Bethel School Road and direct staff to immediately institute a traffic warrant study for the possibility of upgrading the intersection with traffic signals. Councilman Garrison seconded the motion; the motion carried 5-2 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Mayo and Garrison voting in favor of the motion and Councilmen Thomas and Robertson voting against the motion. 12. Report by Mayor Wolfe and Council Airport Negotiating Committee on meeting with airport representatives, relative to D/FW expansion. CM011293 Page 3 of 8 6 6 0 0 3 Mayor Wolfe made comments regarding the committee on which he and Councilmen Morton and Weaver serve. The Mayor stated that the four items that the Council came to consensus on were (1) there would be no late-night flights on the new runway, (2) there be noise-monitoring instrumentation within the City limits of the City of Coppell with the appropriate remedies should the noise exceed the recommended levels agreed to by our citizens, (3) the outer runway use be used only as needed and that 75% of that use be for landings only, and (4) that the Runway Use Plan that was approved in July of 1991 by D/FW Airport and by FAA be extended to the new runway. Mayor Wolfe discussed the proposed legislation pending in Austin regarding the zoning issue. Mayor Wolfe stated that every attorney who had been consulted regarding the airport and noise problem informed the City that they have no legal grounds to stop the expansion. Suggestions were given as to what citizens can do to help: (1) Letters from citizens to our congressmen in Austin asking to keep the Home Rule Rights of Cities; (2) Letters to congressmen at the Federal level on the Wright amendment that is going to be heard this year; (3) contact the airport on their hotline number. The Mayor stated that a hotline will be installed in the City. It was stated that another public hearing was being planned on this issue. The Mayor also gave a historical perspective on negotiations with D/FW concerning the expansion of the airport. Councilman Morton made comments regarding the noise issue. It was stated that the Runway Use Plan which will be required for the new runway will be more stringent that the previous Runway Use Plan. Councilman Weaver made comments concerning the growth of the airport. Mayor Wolfe stated that this is not a public hearing, but asked for citizens who would like to speak. David Hoover, 629 Autumn Way, requested the hot line number for both City and D/FW. Darcy Patterson, 428 Leisure, complimented the Council on what they have done regarding D/FW airport and would like some way to become educated regarding the airport expansion; Hank Ascher, 509 Edinburgh, had a question regarding the original runway proposal; Jim Arnett, 603 Sandalwood, expressed concern regarding noise and putting up our own monitoring services to check the airport's stats° Mr. Arnett also expressed a concern about the school not being built in his neighborhood; Claudia Adams, 208 Glendale, stated that noise in her area has gotten worse over the past two years. Mayor Wolfe and Councilman Morton stated that because of Ms. Adams location, some of her noise problems might be stemming from the Dallas Naval Station; Paul Wolfe, 217 Glendale, stated he would reserve his comments until the public hearing. No action was required by Council. Mayor Wolfe convened into Executive Session at 9:56 p.m. as allowed under the above- stated article. Mayor Wolfe adjourned the Executive Session at 10:32 p.m. and reconvened the regular session. See Item 18 for caption. REGULAR SESSION (Open to the Public) 13. Consideration and discussion of request by Mr. Walter Pettijohn on the following topics: 1. Longbranch water line for fire protection. 2. Contracts between the City of Coppell and former employees; 3. Status of investigation of charges made by former Fire Department Secretary Walter Pettijohn, 525 Oak Grove Road, made the presentation to Council. Mr. Pettijohn expressed a desire to postpone the water line item until a decision is made on whether the City will appeal. Mr. Pettij ohn requested that the City follow all laws regarding contracts with employees. Also it was asked if an investigation had been made regarding the charges made by the former Fire Department Secretary. Mayor Wolfe asked the City Attorney to address these issues. Peter Smith, City Attorney, stated that Mr. Pettijohn's statement regarding the ruling by the Attorney General is incorrect. It was stated that the City is not required to discuss settlement agreements with litigants or potential litigants. With regard to the investigation of the former Fire Department Secretary, the City Attorney stated that CM011293 Page 4 of 8 an investigation was made and that no wrongdoing was found. The matter has been concluded. 14. Citizen Appearances Johnny Thompson, 1780 E. Beltline, expressed concern regarding ambulance service that's run through the Fire Department. He stated that he uses that service quite a bit, not only in this City, but in a lot of other cities; because he doesn't know when he'll go down -- he could go down right now after he walks out of City Hall, and he doesn't have but a few hours to get to the VA Hospital to get his shots to bring his lungs back up. He felt that it was really asinine to be in the ETJ of this City and not be taken to the VA Hospital by the ambulances in this City, but if he was in the ETJ of other cities, he can be. He further stated that it was really a shame the veterans can come out of this City and get messed up like that and come back to this City twenty years later, and no one don't care. You can take anybody off the street from the City of Coppell and take them to Parkland Hospital, the County Hospital, where it takes them four hours to f'md out what's wrong with you, and when they find out what's wrong with you, they can't help you anyway. He further stated that they could take you to RHD where he lay over there for four and a half hours one time and almost died and he wouldn't go back there if you made him. He also stated the same thing about Lewisville where he lay there six hours and almost bled to death internally and yet he watched some guy sitting there eating. He further stated that he knew that a lot of the Council were veterans but that they didn't understand what the VA Hospital was. But, he was a war veteran which was different. Mr. Thompson went on to say as a veteran he had been shot five times and lived through that and the Agent Orange that you hear about on TV is what's killing him. But yet, he couldn't get an ambulance from this City to take him to a place that would relieve the pain that it puts him in. He also stated that those present didn't have to use the VA Hospital, but that some people have to. It's not the idea of the money, he stated, he can't pay enough money to get a doctor at RHD to relieve the pain because the doctor doesn't have the authority to do it. Millions of dollars were spent to find out what it takes to relieve the pain and the only people authorized to do that is the VA Hospital. Therefore, he would like to see an ambulance be able to take a veteran, not just himself, but any veteran to a VA Hospital where they can get help. 15. Mayor's Report A. Mayor Wolfe congratulated Chief McKinney on the index crime sheet showing the low crime rate for the area. B. Special recognition for Larry Jackson, former City Attorney, was discussed in the way of a reception to be held at the first City Council meeting in February. The Council agreed. C. Mayor Wolfe also suggested that Penny Solomon, with the Chamber of Commerce, be honored with a plaque at the next Council meeting. The Council agreed. D. Mayor Wolfe announced that it is time for Students in Government again for 8th grade and they will be at the February 9, 1993 City Council Meeting. E. The Mayor stated that the Bulgarian drama and art students are coming to Coppell. Twenty-four students, ages 12-16, will be performing a production of Shakespeare. They will be sponsored by families in Coppell. It was stated that these students have no money and the Council was asked to respond regarding a willingness to help. F. Mayor Wolfe announced a ribbon cutting at Sandy Lake Animal Hospital on January 20, 1993 at 12:00 noon. CM011293 Page 5 of 8 0{) 5 G. Councilman Weaver stated he would not be able to make the January 19, 1993 special meeting. He stated that he feels the Special Study Committee for 1/2 cent sales tax is dysfunctional. H. Councilman Weaver also stated that there was no judging on the Christmas decorations this past Christmas. Mayor Wolfe stated that the Chamber did make a judging, but it was not in time to be placed on a Council agenda. Councilman Weaver made a proposal that one Councilman and one volunteer from each Board and Commission form a committee to judge the Christmas decorations. Councilman Weaver asked the staff to draft something in this regard to be acted upon by the Council. I. Councilman Weaver addressed the issue of appointing Board and Commission members in executive session. He would like to keep current system. The City Attorney gave an opinion regarding the matter. J. Councilman Weaver discussed the policy prohibiting smoking in all public facilities. Alan D. Ratliff, City Manager, stated the policy was in the works. 16. Liaison Reports Recvcline Committee - Councilman Garrison reported that the Christmas tree mulching was held again this year and he thanked Rick Wieland, Parks and Recreation Manager, and his staff for their assistance, and also Lambert's Nursery. Park Board - Councilman Mayo stated that the Park Board met on January 4, 1993 and a dedication is being planned for Kid Country on April 18 (April 25 rain date), 1993. It was stated that there is a club that would like to stage a re-enactment in August of this year in Grapevine Springs Park of Sam Houston signing a treaty. Finance Committee - Mayor Pro Tem Smothermon made comments regarding the salary survey and asked how the council would like the salary survey done. Paragon Cable Franchise - Mayor Pro Tem Smothermon stated that the cable review committee will meet on Monday, January 18, 1993 at 7:00 p.m. This will be a public hearing on Cable TV in Coppell. Economic and Business Development Board - Councilman Thomas reported on the Economic and Business Development Board regarding the information provided by the City and what information the Chamber provides. It was reported that the Economic and Business Development Board has a meeting scheduled for January 14, 1993 at 7:30 to discuss the economic opportunity for the 1/2 cent sales tax. Library Board - Councilman Weaver stated that he, Planning Director Gary Sieb, Mayor Pro Tem Bill Smothermon, the two architects and a representative from the building committee all met on December 14, 1993 to discuss the design of the library building. It was announced that a design had been agreed upon for the building and that the city can now move forward. Consent Agenda 17o A. Consideration and approval for release of final payment to Teague, Nail, and Perkins for the completion of the Topographic/Contour and Base Mapping Project for a total sum of $2,947.00. CM011293 Page 6 of 8 B. Consideration of a request to allow a variance to Section D. Additional Streets and Alley Requirements, Subsection 1;j Appendix A, of the City of Coppell Subdivision Ordinance which specifies a minimum thickness of 6" for parking lots, said variance request to allow 5" of concrete. This variance is requested by Rev. Lee Carey for the First United Methodist Church at 420 Heartz Road. C. Approval of an ordinance of the City of Coppell changing the speed limit on -- Gateway Boulevard and Airline Drive as follows: Amending Section 8-1-3 of the Code of Ordinances of the City of Coppell establishing 40 miles per hour as the maximum prima facie speed limit on Gateway Boulevard from Freeport Parkway to Denton Tap Road and on Airline Drive from Freeport Parkway to Denton Tap Road, said roads being public streets within the corporate limits of the City; making it unlawful for any person to operate or drive a vehicle on said public streets at a speed greater than said designated speed; providing that any speed in excess of such designated speed shall be prima facie evidence that such speed is not reasonable nor prudent and is unlawful; providing a repealing clause; providing a penalty or fine not to exceed the sum of five hundred dollars ($500.00) for each offense and declaring an effective date and authorizing the Mayor to sign. D. Consideration and approval of awarding Bid #Q-1192-04, for repairs to City Hall to Michael K. Painting Company, in the amount of $15,350.00. E. Consideration of a request by the Lions Club to waive signage requirements for publicizing the Lions Club Pancake Breakfast to be held on Saturday, February 6, 1993, as requested by Mayor Pro-Tem Smothermon. _ F. Consider approval of vacating a plat of the Kimbel Addition, located at the northeast corner of MacArthur Boulevard and Village Parkway, at the request of Unzicker, Schnurbusch and Associates. G. Consider approval of a final plat of Huntington Ridge Addition (formerly Parks of Coppeli - Section HI), located at the southwest corner of Denton Tap Road and Parkway Boulevard, at the request of Centex Real Estate Corporation. H. Discussion and consideration of Ordinance No. 93584 of the City of Coppell, Texas, reaffirming the adoption of the City of Coppell employee Policy and Procedures Handbook as amended, attached as Exhibit "A"; approving and adopting amendments, attached as Exhibit "B"; providing a severability clause; providing a repealing clause; and declaring an effective date. Item 17C was postponed until the Council meeting of January 26, 1993 and Item 17G was considered separately. Councilman Robertson moved to approve Items 17A, B, D, E, F and H. Councilman Mayo seconded the motion; the motion carried 7-0 with Mayor Pro Tem Smother:non and Councilmen Weaver, Thomas, Morton, Mayo, Robertson and Garrison voting in favor of the motion. Mayor Pro Tem Smothermon moved to approve Item 17G. Councilman Robertson seconded the motion; the motion carried 5-2 with Mayor Pro Tem Smothermon and Councilmen Morton, Mayo, Robertson and Garrison voting in favor of the motion and Councilmen Weaver and Thomas voting against the motion. Mayor Wolfe adjourned the Regular Session and opened the Executive Session. CM011293 Page 7 of 8 EXECUTIVE SESSION (Closed to the Public) 18. Convene Executive Session (Items marked with (*) are not scheduled for "Regular Session" discussion or consideration.) 7 A. 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.* Longbranch As previously stated, Mayor Wolfe convened into Executive Session at 9:56 p.m. as allowed under the above-stated article. Mayor Wolfe adjournedthe Executive Session at 10:32 p.m. and reconvened the regular 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 .--, CM011293 Page 8 of 8