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CM 1993-02-09 MINUTF3 OF FEBRUARY 9, 1993 The City Council of the City of Coppell met in Regular Called Session on Tuesday, February 9, 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) 2. Convene Executive Session (Items marked with (*) are not scheduled for "Regular Session" discussion or consideration.) 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. D/FW Negotiations (Item//12) 2.* Franchise Agreement - Paragon Cable 3.* Barbara Austin - Land Acquisition B. Article 6252-17, Section 2(f), discussion with respect to the purchase exchange, lease or value of real property. 1.* Barbara Austin - Land Acquisition Mayor Wolfe convened into Executive Session at 6:00 p.m. as allowed under the above- stated article. Mayor Wolfe adjourned the Executive Session at 6:28 and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session Thank yous were given to the City Secretary Department and Assistant City CM020993 Page 1 of 8 Secretary Linda Grau for putting the reception together honoring Lawrence W. Jackson, former City Attorney. A. Trench Rescue Response Team B. TU Electric proposed rate increase. C. Discussion of Agenda Items. A reception was held at this time for former City Attorney Lawrence W. Jackson in the Rotary Room of Town Center. REGULAR SESSION (Open to the Public) 4. Reconvene Regular Session 5. Invocation Mayor Pro Tem Smothermon led those present in the Invocation. 6. Pledge of Allegiance. Mayor Wolfe led those present in the Pledge of Allegiance. 7. Consider approval of minutes: January 19, 1993 January 26, 1993 Mayor Pro Tem Smothermon moved to approve the minutes of January 19, 1993 and January 26, 1993 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 24 for minutes. 8. Discussion and consideration of approval of Proclamation proclaiming acknowledge- ment of the Dallas Cowboys' well-deserved success and to extend sincerest congratulations to the entire Dallas Cowboys football organization. Councilman Morton moved to approve the Proclamation proclaiming acknowledgement of the Dallas Cowboys' well-deserved success and to extend sincerest congratulations to the entire Dallas Cowboys football organization. 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. -- 9. A. Presentation by Kirk King of TU Electric. B. Consideration of an Ordinance denying approval of TU Electric's proposed rate increase. Kirk King of TU Electric made a presentation to the Council regarding their proposed rate increase. Mr. King also stated that a pay site at Eckerd Drug had been opened for the convenience of their customers. Councilman Mayo moved to approve Ordinance No. 93587 CM020993 Page 2 of 8 denying TU Electric's proposed rate increase with no suspension. 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. 10. Consider approval of an Ordinance of the City of Coppell, Texas, amending Chapter 9 of the Code of Ordinances of the City of Coppell, Texas by amending Article 9-14 to prohibit the smoking or possession of a burning tobacco, weed or other plant product in city-owned or managed facilities and in a public service area. Councilman Robertson moved to approve Ordinance No. 93588 amending Chapter 9 of the Code of Ordinances of the City of Coppell, Texas by amending Article 9-14 to prohibit the smoking or possession of a burning tobacco, weed or other plant product in city-owned or managed facilities and in a public service area, said ordinance to have a correction on the second page, first paragraph to read sports "arena" rather than sports "area." 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. 11. Approval of an Ordinance of the City of Coppell, Texas, designating a portion of City owned property as street right-of-way; said property being located within the City of Coppell, Dallas County, Texas and within the limits hereinafter more fully described; providing that said Ordinance shall constitute a quitclaim in favor of the public; providing that this Ordinance may be recorded with the County Clerk of Dallas County, Texas; providing a severability clause and establishing an effective date; and authorizing the Mayor to sign. Councilman Morton moved to approve Ordinance No. 93589 designating a portion of City owned property as street right-of-way. 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. 12. Consideration of entering into a contract with a consultant to represent the City in legislative discussion concerning D/FW International Airport and other legislative issues. Mayor Wolfe stated that the school can not and will not be participating in this issue. Mayor Wolfe also stated that he would be hand delivering a letter to the Mayor and Council of the City of Irving so they will have it prior to their Council meeting on Thursday. Councilman Morton read comments from the Dallas Morning News regarding the proposed legislation that would affect home rule powers of cities as it relates to airport expansion. Councilman Morton moved to enter into negotiation with Mr. Bill Clayton of Capital Consultants to serve as a consultant to the City representing matters dealing with all airport related issues; that the agreement be reviewed by the City Attorney outlining reporting time and the individuals to whom he is to report; and at a cost not to exceed $25,000.00. Mayor Pro Tem Smothermon seconded the motion; the motion carried 4-3 with Mayor Pro Tem Smothermon and Councilmen Thomas, Morton and Mayo voting in favor of the motion, and Councilmen Weaver, Robertson and Garrison voting against the -- motion. 13. Consideration of a variance from Section 10-8-3 D of the Sign Ordinance concerning subdivision signs. This variance is being requested by Mr. Tim House of Matthews Southwest for the property owned by Mr. Jay C. Thweatt located on the northwest corner of Bethel School Road at S. Denton Tap Road. CM020993 Page 3 of 8 Greg Jones, Chief Building Official, made a presentation. Mr. Jones indicated that the staff recommended denial of this request. Tim House, representing the applicant, also made a presentation to the council. Following discussion, Councilman Robertson moved to approve a variance from Section 10-8-3 D of the Sign Ordinance concerning subdivision signs with the condition that the sign come down when the two combined subdivisions have been 75% sold or a period of one year, whichever comes first. 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, and Councilman Weaver voting against the motion. 14. Consideration of a variance from Section 10-8-3 D of the Sign Ordinance concerning subdivision signs. This variance is being requested by Mr. Steve Parsons for the property located on the west side of MacArthur Blvd., south of the Woodridge subdivision. Greg Jones, Chief Building Official, made a presentation stating that there is already one sign on Mockingbird and recommended denial of this request. Steve Parsons, representing applicant, also made a presentation to the Council. Following discussion, Councilman Robertson moved to approve a variance from Section 10-8-3 D of the Sign Ordinance concerning subdivision signs with the condition that the sign come down when 75% of the homes are sold in Phase 10A or for a period of one year, whichever comes first. Councilman Morton seconded the motion; the motion was denied 3-4 with Mayor Pro Tem Smothermon and Councilmen Morton and Robertson voting in favor of the motion, and Councilmen Weaver, Thomas, Mayo and Garrison voting against the motion. 15. PUBLIC HEARING: To consider approval of a zoning change request, Case #S-1064, (Salerno Pizza Company), from (C) commercial to (C-SUP) Commercial Special Use Permit, for approval of an SUP for a restaurant expansion, located at 1086 Sandy Lake Road, at the request of Ms. Gloria Salerno. Gary Sieb, Director of Planning and Community Services, made the presentation to Council and stated that the Planning & Zoning Commission recommended approval of the zoning change. Ms. Gloria Salerno also made a presentation. Mayor Wolfe opened the Public Hearing and asked for those persons wishing to speak against this proposal. There were none. He then asked for those persons wishing to speak in favor of this proposal. Again, there were none. Mayor Wolfe then closed the Public Hearing. Councilman Robertson moved to approve the zoning change request, Case #S-1064, (Salerno Pizza Company), from (C) commercial to (C-SUP) Commercial Special Use Permit, for approval of an SUP for a restaurant expansion, located at 1086 Sandy Lake Road. 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. 16. PUBLIC HEARING: To consider approval of a zoning change request, Case #S-1041(A), for an amendment to an SUP site plan for an electrical substation, located at the northwest corner of Thweatt Road, at the request of Brazos Electric Cooperative, Inc. Gary Sieb, Director of Planning and Community Services, made a presentation. The Planning & Zoning Commission recommended approval of the zoning change subject to certain conditions and that it be brought back to council before final adoption. Al Petter, representing Brazos Electric, also made a presentation to the Council. Mr. Petter stated that Brazos Electric was now ready to complete its connection with TU Electric and will provide an additional source of power into that substation. Brazos will also construct a line out of the substation to the Flower Mound area to a substation that will serve Denton County Electric Co-op and TU Utilities. Mayor Wolfe opened the Public Hearing and CM020993 Page 4 of 8 asked for those persons wishing to speak against this proposal. There were none. He then asked for those persons wishing to speak in favor of this proposal. Again, there were none. Mayor Wolfe then closed the Public Hearing. Philip Segrest, Attorney for Brazos Electric, made comments to the Council concerning land that was dedicated to the City of Coppell by Brazos Electric. Mr. Segrest also spoke regarding a line down Sandy Lake Road that was traded to TU Electric for another line. Mayor Pro Tern Smothermon moved to approve the zoning change request with the four conditions and variances attached with the provision that it will not come back to Council in ordinance form and will not be effective until such time as Staff and Brazos has worked out the pertinent language for the ordinance. Councilman Morton seconded the motion; the motion was denied 3-4 with Mayor Pro Tem Smothermon and Councilmen Morton and Robertson voting in favor of the motion, and Councilmen Weaver, Thomas, Mayo and Garrison voting against the motion. Mayor Pro Tern Smothermon moved to deny the zoning change request Case #S- 1041(A). 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. 17. PUBLIC HEARING: To consider approval of a replat of Pecan Hollow Addition, Block H, Lots 27 & 28 (197 and 201 Hollowtree), located approximately 450' south of Parkway Boulevard, along the west side of Lodge Road, at the request of American Surveying Company. Gary Sieb, Director of Planning and Community Services, made a presentation. Mayor Wolfe opened the Public Hearing and asked for those persons wishing to speak against this proposal. There were none. He then asked for those persons wishing to speak in favor of this proposal. Again, there were none. Mayor Wolfe then closed the Public Hearing. Mayor Pro Tem Smothermon moved to approve the replat of Pecan Hollow Addition, Block H, Lots 27 & 28 (197 and 201 Hollowtree). 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. -- 18. PUBLIC HEARING: To consider approval of a site plan amendment, Case #S-1037(A), Riverchase Clubhouse Addition, to allow the expansion of the Clubhouse, located along the east side of Riverchase Drive, within the Riverchase Golfcourse, at the request of Golf Enterprises. Gary Sieb, Director of Planning and Community Services, made the presentation to the Council and stated that the Planning & Zoning Commission recommended to approve the amendment. Jim Helms, representing applicant, also made a presentation to the Council. Mayor Wolfe opened the Public Hearing and asked for those persons wishing to speak against this proposal. There were none. He then asked for those persons wishing to speak in favor of this proposal. Jerry Ragsdale, representing the owner of Riverchase, spoke in support of the change. Mayor Wolfe then closed the Public Hearing. Following discusson, Councilman Mayo moved to approve a site plan amendment, Case #S-1037(A), Riverchase Clubhouse Addition, to allow the expansion of the Clubhouse. Councilman Mayo seconded the motion; the motion carried 6-0 with Councilmen Weaver, Thomas, Morton, Mayo, Robertson and Garrison voting in favor of the motion. Mayor Pro Tem Smothermon abstained from the vote due to a conflict of interest. 19. PUBLIC HEARING: To consider approval of a replat of Riverchase Clubhouse Addition, to allow the expansion of the Clubhouse, located along the east side of Riverchase Drive, within the Riverchase Golfcourse, at the request of Golf Enterprises. CM020993 Page 5 of 8 Gary Sieb, Director of Planning and Community Services, made a presentation. Mayor Wolfe opened the Public Hearing and asked for those persons wishing to speak against this proposal. There were none. He then asked for those persons wishing to speak in favor of this proposal. Again, there were none. Mayor Wolfe then closed the Public Hearing. Following discussion, Councilman Robertson moved to approve a replat of Riverchase Clubhouse Addition, to allow the expansion of the Clubhouse. Councilman Morton seconded the motion; the motion carried 6-0 with Councilmen Weaver, Thomas, Morton, Mayo, Robertson and Garrison voting in favor of the motion. Mayor Pro Tern -- Smothermon abstained from the vote due to a conflict of interest. 20. PUBLIC HEARING: To consider approval of a replat of Big Cedar Addition, Block 1, Lots 8 & 9 (329 and 333 Brock Street), located north of Bethel School Road and west of Harris Street, at the request of Goodwin and Marshall Engineers. Gary Sieb, Director of Planning and Community Services, made a presentation indicating that the Planning & Zoning Commi~ion recommended approval. Mayor Woffe opened the Public Hearing and asked for those persons wishing to speak against this proposal. There were none. He then asked for those persons wishing to speak in favor of this proposal. Again, there were none. Mayor Woffe then closed the Public Hearing. Following discussion, Councilman Morton moved to approve a replat of Big Cedar Addition, Block 1, Lots 8 & 9 (329 and 333 Brock Stree0. 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. 21. Citizens Appearance Johnny Thompson, 1780 E. Beltllne, addressed the Council and stated that he had purchased a City Charter for $2.00. After reviewing it, he wanted a refund on his money as, in his opinion, the Council was not following four sections of the charter. Mr. Thompson did not elaborate the four sections to which he was referring. 22. Mayor's Report A. Mayor Pro Tem Smothermon stated he had attended the TML legislative update and that there are a couple of bills coming through that Council needs to be aware of. There is a move by CLEAT to introduce some legislation which would enable Councils to enact civil service by a simple majority vote of Council. TML is opposed to that bill and is continuing to work against it. The airport issue is also a major subject. B. Councilman Weaver spoke regarding the letter from City Manager Alan Ratliff regarding salary survey and the conclusion that the F'mance Committee does not support the hiring of City Auditors to conduct a salary survey, nor do they support the hiring of outside help to conduct a salary survey. Mr. Weaver requested an agenda item for further discussion of this matter. Mayor Wolfe conducted a consensus, and the item will appear on the next Council Agenda. "-' C. Mayor Wolfe stated that Councilman Mayo will be out the next Coundl meeting. 23. Liaison Reports Finance Committee -- Mayor Pro Tem Smothermon stated there would be a meeting on February 16, 1993 at 5:00 p.m. CM020993 Page 6 of 8 Paragon Cable Franchise -- Mayor Pro Tem Smothermon stated there would be a meeting on February 16, 1993 at 7:00 p.m. and the third member will be appointed. Economic and Business Development Board -- Councilman Morton stated that the Board met and discussed Vista Ridge and it was indicated there may be some zoning requests coming forward. PID -- Councilman Thomas reported that PID Board of Directors met on January 29, 1993 and that there will be an agenda item for the next Council meeting. D/FW Airport Expansion - Councilman Weaver 'stated he and Councilman Morton attended the first meeting of the D/FW Noise Forum. Six people from Coppell were in attendance. Consent Agenda 24. A. Discussion and consideration of approval of awarding Bid #Q-1292-02 for acquisition of four (4) Police vehicles to Westway Ford, Inc., in the amount of $49,258.00. B. Consideration and approval of awarding Bid Q-0193-02 for the lease-to- purchase of 1993 automobile to Lee Jarmon Ford for a total not to exceed $14,896.32. C. Consideration and approval of an ordinance providing for the abandonment of a portion of a street easement located south of Beaver Run Drive, east of Block A, Lot 21, of the Pecan Valley Addition, and authorizing the Mayor to sign. D. Consideration and approval of an ordinance providing for the abandonment of a portion of a street easement located south of Beaver Run Drive, east of Block A, Lot 20, of the Pecan Valley Addition, and authorizing the Mayor to sign. E. Consideration and approval of an ordinance for a zoning change, Case #S-1028, from (LI) Light Industrial to (LI-SUP) Light Industrial Special Use Permit, to allow the operation of a self-service car wash, on property located near the southwest corner of MacArthur Boulevard and Beltline Road, and authorizing the Mayor to sign. F. Discussion and consideration of an ordinance creating the Cable Television Review Board, repealing Ordinance#92563 and authorizing the Mayor to sign. G. Discussion and consideration to purchase materials and equipment necessary to equip Trench Rescue Response Team to be utilized by the City of Coppell and as our portion of the Regional Specialized Response Teams now being developed by the cities of Irving, Lewisville, Carrollton, Farmers Branch and Coppell. The total amount of this request is $8,345.00. H. Discussion and consideration to approve a $600.00 expenditure for the Cable Review Board members to attend an upcoming TML workshop entitled "What City Officials Need to Know About the New Cable Act." Item 24B was withdrawn from consideration and Item 24H was pulled for discussion. CM020993 Page 7 of 8 Mayor Pro Tem Smothermon moved to approve Items 24A, 24C carrying Ordinance No. 93590, 24D carrying Ordinance No. 93591, 24E carrying Ordinance No. 91500-A-26, 24F carrying Ordinance No. 93592, and 24G. 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. Mayor Pro Tem Smothermon moved to approve Item 24H as submitted. 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, and Councilman Weaver voting against the motion. The Executive Session was not called. EXECUTIVE SESSION (Closed to the Public) 25. Convene executive Session (Items Marked with (*) are not scheduled for "Regular Session" discussion or consideration.) 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 -- There being no further business to come before the City Council, the meeting was adjourned. ATTEST: Mark Wolfe, Mayor Dorothy Timmons, City Secretary CM020993 Page 8 of 8