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CM 1993-04-13 MINUTES OF APRIL 13, 1993 The City Council of the City of Coppell met in Regular Called Session on Tuesday, April 13, 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 Ron Robertson, Councilman Jim Garrison, Councilman Councilman Lanny Mayo was absent frown the meeting. Also present were Interim City Manager Frank Trando, 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 2.* Discussion concerning the collection of Substandard Roadway Fees. B. Article 6252-17, Section 2 (f), discussion with respect to the purchase, exchange, lease or value of real property. 1. Easement Acquisition for the Grapevine Creek Sewer Project (Troth Inc., Lerman Inc. & S.C. Parsons/nc.) 2. Easement Acquisition for the Grapevine Creek Sewer Project -~ (Troth Enterprises, Inc.) 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 6:30 p.m. and opened the Work Session. CM041393 Page 1 of 7 WORK SESSION (Open to the Public) 3. Convene Work Session A. Selection of Consultant for Design of Sandy Lake Road B. Swimming Pool Fence Ordinance C. Personnel Recruiter for Position of City Manager D. Urban County Community Development Block Grant Program E. Discussion of Sno Cone Stand (Carl Foulds) F. Discussion of Agenda Items REGULAR SESSION (Open to the Public) 4. Reconvene Regular Session 5. Invocation Councilman Thomas 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: March 17, 1993 March 22, 1993 March 23, 1993 March 31, 1993 Councilman Morton moved to approve the minutes of March 17, 1993, March 22, 1993, March 23, 1993 and March 31, 1993 as submitted. Mayor Pro Tem Smothermon seconded the motion; the motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Robertson and Garrison voting in favor of the motion. Consent Agenda was considered at this time. See Item//16 for minutes. 8. Discussion and consideration of establishing a Citizen's Advisory Board to offer input to and monitor results of Dallas/Ft. Worth International Airport activities, as requested by Mayor Pro Tem Smothermon. Mayor Pro Tem Smothermon moved to remand this issue to staff to come back to Council with a proposal along with a draft of the Board of Commissions' duties and responsibilities and that the current Airport Committee have input into the staff recommendation° Councilman Robertson seconded the motion; the motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Robertson and Garrison voting in favor of the motion. 9. Consideration and approval of a resolution for the waiver of permit fees, but not safety regulations or inspections for Coppell Celebrates, Inc., a non-profit organization made up of several civic clubs in Coppell, for a FunFest to be held on CM041393 Page 2 of 7 April 30th and May 1st and 2nd, 1993 at the High School, and authorizing the Mayor to sign. Angelo Vacarro made a presentation to Council. A discussion was held regarding the cost of police officers and whether the City or the FunFest group will pay for the officers. The YMCA will pay the cost of overtime officers. Mayor Pro Tem Smothermon moved to approve Resolution No. 041393.1 waiving the permit fees, but not safety regulations or inspections for Coppell Celebrates, Inc., for a FunFest to be held April 30th and May 1st and 2nd, 1993 at the High School. Councilman Robertson seconded the motion; the motion carried 6-0 with Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Morton, Robertson and Garrison voting in favor of the motion. 10. PUBLIC HEARING.-. To consider approval of a zoning change, Case #PD-130 (Austin Place), from (SF-12) Single-Family-12 to (PD-SF-7) Planned Development Single-Family-7, located 250' north of Sandy Lake Road, along the east side of Moore Road, at the request of Barbara Austin. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council stating that Planning & Zoning recommended approval with thecondition that (1) landscaping should be developed as shown on the PD plan, and (2) this development be maintained by a Homeowners Association. Barbara Austin, owner and applicant, also made a presentation to council. George Gibson representing the owner also made comments to the Council regarding saving of trees, fronting of property on Moore Road, gas easement, size of lots and drainage. Bill Anderson was also present to answer questions of 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. Again, there were none. Mayor Wolfe then closed the Public Hearing. Councilman Robertson moved to approve a zoning change, Case #PD-130 (Austin Place), from (SF-12) Single-Family-12 to (PD-SF-7) Planned Development Single- Family-7, located 250' north of Sandy Lake Road, along the east side of Moore Road with the conditions that landscaping should be developed as shown on the PD plan and that this development be maintained by a Homeowners Association. Councilman Morton seconded the motion; the motion carried 5-1 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Robertson and Garrison voting in favor of the motion and Councilman Thomas voting against the motion. 11. PUBLIC HEARING: To consider approval of a zoning change, Case #ZC-547, from (SF-12) Single-Family-12, to (C) Commercial, located at the northeast corner of Moore Road and Sandy Lake Road, at the request of Barbara Austin. Gary Sieb, Director of Planning and Community Development, made a presentation to the Council stating that Planning & Zoning recommended approval. Mr. Sieb stated that when the plat comes in, there will be a twenty-five foot right-of-way dedication on Sandy Lake Road and there will be a right-of-way dedication on Moore Road. 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 zoning change, Case #ZC-547, from (SF-12) Single-Family-12, to (C) Commercial, located at the northeast corner of Moore Road and Sandy Lake Road. Mayor Pro Tern Smothermon seconded the motion; the motion carried 5-1 with Mayor Pro Tern Smothermon and Councilmen Weaver, Morton, Robertson and Garrison voting in favor of the motion and Councilman Thomas voting against the motion. 12. PUBLIC HEARING: To consider approval of a replat of Shadydale Acres, Block B, Tract 6, located at the northwest corner of Shadydale Lane and ~Shady Oak Lane, CM041393 Page 3 of 7 to allow the subdivision of the lot for single-family purposes, at the request of Otha Leach. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council stating that Planning & Zoning recommended approval of this item. 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 a replat of Shadydale Acres, Block B, Tract 6, located at the northwest corner of Shadydale Lane and Shady Oak Lane, to allow the subdivision of the lot for single-family purposes. Councilman Morton seconded the motion; the motion carried 6-0 with Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Morton, Robertson and Garrison voting in favor of the motion. 13. Citizen's Appearance Mayor Wolfe asked for those persons wishing to address the Council. Speaking were: A. John Higgins, P. O. Box 1236, operator of the Longbranch Country Club, spoke regarding a letter from Council and Mayor to TABC having to do with the liquor license of the Longbranch. Mr. Higgins wanted to make sure that someone from the City would appear before the Commission for their appeal. Mr. Higgins also inquired as to whether everything in the letter was accurate and correct. Mr. Higgins also inquired as to whether the Council had filed any other letters of complaint against any other establishments similar to the Longbranch. B. Johnny Thompson, P. O. Box 1236, expressed a concern regarding the speed limit on Beltline at Ledbetter. Mr. Thompson also addressed the Council regarding the letter to TABC having to do with the liquor license of the Longbranch Country Club. Mr. Thompson stated that there were issues in the letter that were untrue. 14. Mayor's Report A. Mayor Wolfe announced that the Kid Country Dedication would be held April 18, 1993 from 2:00 to 4:00 p.m. B. Mayor Wolfe also announced that the Employee Recognition & Reward Banquet would be held on April 24, 1993. C. Councilman Robertson inquired about the tree ordinance and also asked if it would be possible to put a median cut on Parkway Boulevard at Kid. County. Mayor Wolfe asked the Council for a consensus for support of the median cut. D. Mayor Wolfe stated that Dr. Stearman asked that the Chamber have a member on the City Manager Search Committee. The consensus of the Council was not to include a member from the Chamber. 15. Liaison Reports Coppell Historic District -- Councilman Thomas indicated that he had discussed with the Historical Commission the issue of the Bethel Cemetery and they are still attempting to have a meeting. CM041393 Page 4 of 7 Carrollton Youth & Family Services -- Councilman Morton stated that he had attended a meeting. D/FW Airport Expansion -- Councilman Morton announced that the bill will be brought up before the House on April 14, 1993 for a floor vote. Economic and Business Development Board -- Councilman Morton stated that he and Councilman Thomas attended the meeting. The Chamber reported, at that meeting, the tentative hiring or final negotiations with the new Executive Director coming out of Temple. Councilman Morton indicated there should be an agenda item coming forward on a contract. City/CISD Joint Newcomers -- Councilman Robertson indicated that there was nothing new to report at this time, but he would like to investigate the possibility of joint meetings after the May election. Councilman Garrison expressed a concern regarding the traffic at the Kid Country dedication. Chief Neil McKinney indicated that they were also concerned and stated that the police would be on the scene to help direct traffic. CONSENT AGENDA 16. A. Discussion and consideration of awarding Bid No. Q-0293-01 for the purchase of a 1/2 ton shortbed pickup truck to Arendale Ford in the amount of $9,290.00. B. Consider approval of an ordinance of the City of Coppell amending Section 15-1-3 of Chapter 15 of the Code of Ordinances of the City of Coppell, Texas providing for barriers, fences and gates for pools, spas, and hot tubs hereinafter more fully described, providing a savings clause, providing a severability clause providing penalties for violation, and an effective date. C. Discussion and consideration of an ordinance amending Chapter 18 of the Code of Ordinances to add Article 18-12 providing residential and commercial garbage collection fees to incorporate a 1.5% increase in fees for trash pickup. D. Review and consideration of a resolution supporting the continued endorsement of the efforts of Dallas County to qualify for the Urban County Community Development Block Grant Program for Federal Fiscal Years 1994, 1995 and 1996, and authorizing the Mayor to sign the agreement. E. Consideration and approval of an ordinance to change the zoning, Case #S- 1041 (A) to (LI-SUP) Light Industrial Special Use Permit, on property located at the northwest corner of Thweatt Road and Coppell Road, at the request of Brazos Electric Cooperative, and authorizing the Mayor to sign. F. Consider approval of a final payment in the amount of $28,932.70 to -- Dal-Tech Construction Inc. for construction of the Fire and Building Inspections Administrative Building located at 500 Southwestern Boulevard. G. Consideration and approval of awarding bid for travel management services to Coppell Travel King with a term of contract to be one year and the option to extend the contract for four additional one-year periods. Travel arrangements will be ordered by department as required during the term of the contract and will not exceed the budgeted amount approved for travel. CM041393 Page 5 of 7 H. Consider appointment of Councilmen Peyton Weaver, Lanny Mayo, and Ron Robertson along with Police Chief Nell McKinney and City Secretary Dorothy Timmons to a City Manager Search Committee to assist a consultant in the search for a City Manager with Councilman Weaver serving as the contact person on the Committee. I. Consideration of a motion to rescind the budget manual approved on March 10, 1987, replacing it with a revised purchasing manual which shall be administered and/or revised by the City Manager. J. Consideration of approving an agreement with Mr. Bill Troth in the amount of $20,000 for the acquisition of utility easements from Lots 8 & 9 Northlake Woodlands Phase 12. K. Consideration of approving an agreement with S.C. Parsons, Inc., Troth Enterprises, Inc. and Lerman Investments, Inc. in the amount of $15,000 for the acquisition of a permanent and temporary construction easement. Item 16 F and Item 16 I were pulled for later consideration. Mayor Pro Tem Smothermon moved to approve Items 16 A; B, carrying Ordinance No. 93598; C, carrying Ordinance No. 93599; D, carrying Resolution No. 041393.2; E, carrying Ordinance No. 91500-A-28; G; H; J; and K. Councilman Morton seconded the motion; the motion carried 6-0 with Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Morton, Robertson and Garrison voting in favor of the motion. Item F was considered at this time. Mayor Pro Tem Smothermon moved to approve Item 16 F approving a final payment in the amount of $28,932.70 to Dal-Tech Construction Inc. for construction of the Fire and Building Inspections Administrative Building located at 500 Southwestern Boulevard, subject to the punch list being completed. Councilman Morton seconded the motion; the motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Robertson and Garrison voting in favor of the motion. Item I was considered at this time. Mayor Pro Tem Smothermon moved to approve Item 16 I with the wording changed to read to rescind the purchasing manual approved on March 10, 1987, replacing it with a revised purchasing manual which shall be administered and/or revised by the City Manager. Councilman Robertson seconded the motion; the motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Robertson and Garrison voting in favor of the motion. EXECUTIVE SESSION (Closed to the Public) (Reins marked with (*) are not scheduled for "Regular Session" discussion or consideration.) 17. 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 Country Club This item was discussed at the Executive Session which was held at the beginning of this meeting. CM041393 Page 6 of 7 REGULAR SESSION (Open to the Public) 18. Reconvene Regular Session 19. Potential action resulting from Executive Session. There being no further business to come before the City Council, the meeting was adjourned. ATTEST: Mark Wolfe, Mayor Dorothy Timmons, City Secretary CM041393 Page 7 of 7