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PD108-CS 890328Minutes of March 28, 1989 The City Council of the City of Coppell met in regular called session on Tuesday, March 28, 1989, at 7:30 p.m. in Coppell Town Center. The following members were present: Lou Duggan, Mayor (late arrival) Dean Wilkerson, Mayor Pro Tem Walter PettiJohn, Councilman Tom Morton,. Councilman Bill Smothermon, Councilman Jim Cowman, Councilman Mark Wolfe, Councilman John A. Nelson, Councilm~ Mayor Pro TemWilkerson called the meeting to order and asked everyone to stand while Councilman Smothermon gave the invocation. Following the invocation Mayor Pro TemWilkerson led those present in the Pledge of Allegiance. Item 3: Approval of Minutes - March 7, 1989 March 13, 1989 March 14, 1989 Councilman Cowman moved that the minutes of March 7, 1989, March 13, 1989 and March 14, 1989 be approved as submitted. Councilman Smothermon seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen PettiJohn, Morton, Smothermon, Cowman, Wolfe, and Nelson voting in favor of the motion. Item 4: Mayor's Report This item had been considered later in the agenda due to the late arrival of the Mayor. Mayor Duggan presented the following information to the Council: A press conference has been scheduled for Wednesday, March 29, 1989, at 1:30 p.m. in the City Council Chambers to discuss a University site. Be City Manager Alan D. Ratliff had his second anniversary with the City on March 1, 1989 and is due for a performance evaluation. Mayor Duggan requested that an agenda item be posted on the first meeting in April for this performance evaluation, and a second item be placed on the agenda for the second meeting in April for a formal acceptance of the performance evaluation. Councilman Cowman informed the Council members of the status of the GTE lay-offs, PUC ruling, and the corporate office move to the Metroplex. He requested Council consensus to draft a letter to PUC in support of GTE. Following discussion it was the consensus of the Council that the Mayor draft a letter requesting the PUC to carefully review the GTE rate request and be fair and equitable in it's ruling. PAGE 1 OF 9 Item 5** Bo Ho City Council Liaison's Report DART - Councilman Morton indicated that this item would be discussed later in the agenda. FINANCE COMMITTEE - Councilman Smothermon indicated that this item would also be discussed later in the agenda. LIBRARY BOARD - Councilman PettiJohn indicated there wa8 no report at this time. MUD ABSORPTION COP~/ITTEE - Councilman Smothermon indicated that the Committee is still working on this item. NCTCOC - Councilman Co, man indicated that there is no report at this time. PARK BOARD - Mayor Pro Tem Wilkerson indicated that he has prepared a draft letter concerning the parks concession stand. However, he will be revising this letter and will be bringing it before the Council in the near future. SCHOOL BOARD - Councilman Wolfe indicated there was no report at this time. DCAD - Councilman Cowman reported that he, Councilman Wolfe, and School ~oard member Foy Layton had met with the Appraisal District earlier in the day concerning the Appraisal Districts ratio studies and values in the City of Coppe11. Information was presented to the Appraisal. District for use in re-looking at values placed on property and housing in Coppe11. Councilman Wolfe indicated to the Council that the figures previously submitted to the City concerning a projected loss of appraised value in Coppe11 did not include commercial land, and with the re-evaluation of certain sub-divisions in the City the previously indicated loss wiii probably be off-set. ARCHITECTURAL REVIKW COMMITTEE - Councilman Nelson indicated that there was no report at this time. Item 6: Citizen's Appearances Mayor Pro Tem Wilkerson recognized Roses Kurtz who stated she was present before the Council on behalf of Herr. crest Service Center. This Center is proposing to begin a program for battered women in the Metroplex. A benefit funding raising event will be held on Hay 5, 1989, with area Hay.rs, Councilmen, and City Hanagers being requested to attend to serve as waiters and waitresses for this event. Mayor Duggan arrived during the presentation on this item. Item 7: Consider approval of a Proclamation designating the week of April 9-15, 1989 as "Texas Archaeology Awareness Week" and authorizing the Mayor to sign. Mr. Paul Lorrain representing the Archeological Conservancy was present to discuss this itemwith the Council. He provided information to the City Council which will be placed in the Library for viewing by interested citizens. Foil.wing discussion on this item, Councilman Morton moved to approve the Proclamation proclaiming April 9 through 15, 1989 as "Texas Archaeology Awareness WeeN' in Coppell and authorizing the Hayor to si~n. Councilman PettiJohn seconded the~ption; motion . /PACE 2 oF 9 carried 7-0 with Hayor Pro Tem Wilkerson, Councilmen PettiJohn, Horton, Smothermon, Cowman, Wolfe, and Nelson voting in favor of the motion. Item 8: Discussion & consideration of approving and authorizing the Hayor to siam a resolution urging the Texas legislature to raise the cap on Street Use Charges for Electric and Gas utilities. Following discussion on this item Councilman Smothermon moved to table this item in order that a Council Study Committee, to be composed of Councilman Nelson and Wolfe, can further study the proposal and bring a reco~mendation forward to the Council. Councilman Horton seconded the motion; motion carried 7-0 with Hayor Pro Tem Wilkerson, Councihnen PettiJohn, Horton, imothermon, Cowman, Wolfe, and Nelson voting in favor of the motion. Item 9: Discussion and consideration of determining a plan of action to provide alternative uses for Coppell's DART sales tax to be included in the forthcoming DART Service Plan. Councilman Horton made the presentation to the Council along w~th Dr. Cordon Shunk of the North Central Texas Council of Governments. Hr. Shunk indicated to the Council that a draft of the service plan will be ready for presentation to area Councils on April 4, 1989. City's are being asked to determine the uses for sales tax refunds which have been previously designated for DART use. Councilman Horton indicated that it is his recomendation that 50~ of these sales tax refunds come back to suburban Cityts and that Coppellts portion be used for Type 2 and 3 projects which are street improvements, maintenance, and building of roads. No Council action was required on this item at this time. Item 10A: Consider removal of item tabled at the 3-14 City Council meeting. Councilman Wolfe moved to remove Item 10B from the table for discussion. Councilman Horton seconded the motion; motion carried 7-0 with Hayor Pro Tem Wilkerson, Councilmen PettiJohn, Horton, Smothermon, Cowman, Wolfe, and Nelson voting in favor of the motion. Item 10B: Discussion and consideration of approval of a Smoking Ordinance and authorizing the Hayor to sign - requested by Councilman Horton. Councilman Morton made the presentation to the Council and indicated that City Attorney Larry Jackson and himself had met and worked out the wording concerning the previously expressed concerns by the Council. Following further discussion, Councilman Smothermon moved that Ordinance 89-435 be approved with an effective date of sixty (60) days from date of publication of caption and authorizing the Hayor to sign. Hayor Pro Tem Wilkerson seconded the motion; motion carried 6-1 with Hayor Pro Tem Wilkerson, Councilmen Horton, Smothermon, Cowman, Wolfe and Nelson voting ia favor of the motion and Councilman PettiJohn voting against the motion. Mayor Duggan requested that notification be sent to the Coppell Business Association along with a copy of the fully executed Ordinance and request their help in making thisOrdinance available to City businesses. EXECUTIVE SESSION (Closed to the public) Item 25: Article 6252-17, Senate Concurrent Resolution Number 83. a. Discussion with City Attorney concerning matter involving privileged communication between Attorney and client. Council convened in Executive Session at 8:19 p.m. as allowed under the above stated article. Mayor Duggan adjourned the Executive Session at 8:35 p.m. and opened the public session. Item 11: Holding of a PUBLIC HEARING to consider approval of a zoning change, Case tPD-108, from (PD) Recreation Center to (PD-LI) Planned Development Light Industrial, for the development of institutional, office, retail, commercial and light industrial facilities, located on the west side of Denton Tap Road, on the north side of Cottonbelt Railroad, on the south side of Bethel Road, and along the east side of Coppell Road, with the southern line being approximately 3,500 feet along the Cottonbelt Railroad. Date of P&Z Meeting: 3/16/89 Decision of P&Z Co~dssion: Approved (7-0) NOTE: Applicant understands that all the SUP's viii be considered on a case-by-case basis. Hayor Duggan called the meeting to order and recognized City Engineer Russell Doyle who made the presentation to the Council. Also present was Mr. Craig Knight representing the Baptist Foundation who spoke with the Council. Mr. Knight stated that the applicant is fully cognizant of the fact that each SUP will be considered separately and this request is for the Council to acknowledge that the SUP request will be a part of the total development. The development will be built in two (2) phases with the east side being developed initially and the western side which consists of industrial development will be at a later date. University Drive will be constructed now with Houston Drive being constructed as needed. Mayor Duggan then declared the public hearing open and asked for those persons who wished to speak in favor of the proposed zoning change. There were none. He then asked for those persons who wished toSpeak against the proposed zoning change. Again, there were none. The public hearing was declared closed. Following discussion by the Council, Councilman Smothermon moved that the zoning case as previously stated be approved. Councilman Morton seconded the motion; motion carried 7-0 with Mayor Pro Tom Wilkerson, Councilmen PettiJohn, Morton, Smothermon, Co~nnan, Wolfe, and Nelson voting in favor of the motion. Item 12: Discussion and consideration of approval of a preliminary plat for the Springs of Coppe11 Addition, located on the west side of Denton Tap Road, on the north side of Cottonbelt Railroad, on the south side of Bethel Road, with the southern line being approximately 3,500 feet along the Cottonbelt Railroad. Date of P&Z Meeting: 3/16/89 Decision of P&Z Commission: Approved (7-0) with two provisional questions regarding cul-de-sac at the end of Park Road be resolved prior to final platting, and question of right-of-way and/or 15 foot utility easement be resolved prior to final platting. PAGE 4 OF 9 R City Engineer Russell Doyle made the presentation to the Council. He indicated that there are three (3) issues to be resolved on this plat. Those three (3) issues are: A, The cul-de-sac at the end of Park Road B. The question of right-of-way and/or a 15 foot utility easement along Denton Tap Road C. The transition of tangent along Bethel Road to Denton Tap Road Hr. Craig Knight representing the Baptist Foundation was also present to discuss this item with the Council. Questions that arose during discussion concerned adequate parking for the proposed park site. Mr. Knight indicated that there is right-of-way for parking approximately thirty (30) to forty (40) cars along the present Park Road. Following discussion on this item, Councilman ~olfe moved to approve the preliminary plat with the three (3) items as indicated by City Engineer Russell Doyle being resolved prior to final platting. Councilman Cowman seconded the motion; motion carried 7-0 with Mayor Pro Tem ~ilkerson, Councilmen PettiJohn, Horton, Smothermon, Cowman, Wolfe, and Nelson voting in favor of the motion. Item 13: Discussion and consideration of approval of a request for extension of a Preliminary Plat for a period of nine (9) months on Meadows Section VI, located on the Southeast corner of Parkway Boulevard and Samuel Boulevard at the request of Ms. Jodie Kelly with Paul S. Unztcker, Inc. City Engineer Russell Doyle made the presentation on behalf of the City. Ms. Jodie Kelly, representing the applicant, and Mr. Gordon Jones the prospective property owner, were also present to discuss this item with the Council. Ms. Kelly indicated that there have been no changes from the previously approved preliminary plat. Following further discussion on this item, Councilman Smothermon moved to deny this plat. Mayor Pro Tem Wilkerson seconded the motion. Prior to further discussion Council convened into Executive Session. EXECUTIVE SESSION (Closed to the public) Item 25: Article 6252-17, Senate Concurrent Resolution Number 83. Discussion with City Attorney concerning matter involving privileged communication between Attorney and client. Council convened in Executive Session at 9:30 p.m. as allowed under the above stated article. Mayor Duggan adjourned the Executive Session at 9:44 p.m. and opened the public session. Ms. Kelly, representing the applicant, stated that the applicant will construct their portion of Samuel Road prior to the beginning of the school fall term of 1989. Following further discussion by the Council, Councilman Morton moved to approve the extension of the plat for a period of nine (9) months with the stipulation that a letter from E.R. Horton be filed with the City stating that Samuel Boulevard wi11 be completed prior to the opening of fall school term of 1989, Councilman Smothermon seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen PetttJohn, Morton, Smothermon, Cowman, Wolfe, and Nelson voting in favor of the motion. fPAGE 5 OF Item 14: Discussion and consideration of approval of a request for extension of a Preliminary Plat for Century Park, located north of Denton Creek and vest of Denton Tap Road, at the request of Tom Cravens with Ltchliter/Jameson and Associates, Inc. City Engineer Russell Doyle made the presentation to the Council. He stated that the applicant is requesting a twelve (12) month extension of this plat which has been delayed partially due to agreements being worked out between the City of Coppell and the City of Lewisville. Hr. Tom Cravens, representing Magnolia Properties, was present to discuss this item with the Council. Mr. Cravens indicated that this property, prior to initiating construction of the project, would need to be annexed into the Road Utility District (RUD). It is anticipated that this annexation will occur in the near future. Following discussion by the Council, Mayor Pro Tem Wilkerson moved to approve the application for a twelve (12) month extension of this plat for twelve (12) months from todays date. Councilman Wolfe seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen PettiJohn, Morton, imothermon, Cowman, Wolfe, and Nelson voting in favor of the motion. Item 15: Discussion and consideration of approval of a Resolution abandoning certain easements in exchange for additional easements in connection with property located at 153 Meadowcreek and authorizing the Mayor to sign. Following discussion on this item, Councilman Morton moved to approve Resolution 032889.1 and authorizing the Mayor to sign. Councilman Nelson seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen PettiJohn, Morton, Smothermon, Cowman, Holfe, and Nelson voting in favor of the motion. Item 16: Discussion concerning'the City's use of of brick pavers - requested by Hilliam Hardy. Mr. William Hardy, who had requested this item be placed on the City Council agenda, was not present. However, he had requested that his letter to the City be entered as documentation for discussion of this item. Additionally, Hr. Tim Pox, representing Pavestone Company, was present to discuss their product with the Council. Mr. Fox indicated that pavestone adheres to the American Standard Testing Materials (ASTH) which are industrial standards set in relation to the use of material such as brick pavers. Mr. Fox suggested that the City have an independent testing laboratory conduct a study and come up with a recommendation to the City on the use of the brick pavers. Upon questioning by the Council, Mr. Fox indicated that his company would be open to the funding of such a study. It was the consensus of the Council that the City Manager would be contacting Mr. Fox for further information on cost and funding of this study. No further action was required by the Council at this time. Item 17: Discussion and consideration of supporting the DCAD budget request to be held April 12, 1989 at the Texas Commerce Bank on Mockingbird - requested by Councilman Nelson. Councilman Nelson made the presentation to the Council. This item is placed on the agenda as a result of the previously held Joint City Council meeting with the Economic Development Board and the presentation made by the Dallas Central Appraisal District. Following discussion on this item, Councilman 'Smothermon moved that Councilman Nelson be e Z'/a l z9 authorized to attend the Dallas Central Appraisal District meeting and to voice the City's support of the Dallas Central Appraisal District budget and to protest the ratio study as has been previously used in appraisal values for Coppell. Councilman Horton seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen PettiJohn, Horton, Smothermon, Co~nnan, Wolfe, and Nelson voting in favor of the motion. Item 18: Discussion and consideration of authorizing the Finance Committee to approve bond refinancing for the City of Coppell when determined to be financially in the best interest of the City and establishing those criteria for refinancing. City Manager Alan D. Ratliff presented this item and introduced Mr. Boyd London of First Southwest who spoke with the Council along with Deputy City Manager/Finance Director Frank Trando. Mr. London indicated that this proposal is to allow the Finance Committee to work to produce a savings of 5I after all expenses when bonds are refunded and is requested due to the narrow time frame that is present when determining if the need for refunding is feasible. All official approval would come back before the City for final determination prior to the actual refunding. Following discussion on this item, Councilman Wolfe moved that the Finance Committee, City Manager, and Deputy City Manager/Finance Director be authorized to study refunding availabilities and bring proposals back to the Council as economically feasible at such time as the City would realize a 5% savings after all expenses. Councilman Morton seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen Pettijohn, Morton, Smothermon, Cowman, Wolfe and Nelson voting in favor of the motion. Item 19: Consideration and approval of a City/County Agreement to asphalt overlay DeForest Road, Bethel Road, Thweatt Road, and Southwestern Boulevard and authorizing the Hayor to sign. Public Works Director Steve Goram made the presentation to the Council. He indicated to the Council that a recommendation for Warren Court would be coming back before the Council at the last meeting in April. Mayor Duggan publically commended Mr. Goram for his efforts in saving of City funds and his work with the County in obtaining their assistance in repairs and maintenance of these stated streets. Following further discussion, Councilman Cowman moved that Resolution 032889.2 be approved and authorizing the Mayor to sign. Councilman Morton seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen PettiJohn, Morton, Smothermon, Cowman, Wolfe, and Nelson voting in favor of the motion. Item 20: Presentation, discussion and consideration of authorizing the City Manager to proceed with work on Capital projects funded from the balance of Capital Funds previously allocated for asphalt overlays by the City Council on December 15, 1988 for engineering services to investigate a solution to reduce residential flooding in the alley behind 141 and 145 Hill Drive with Phase A and Phase B engineering not to exceed $14,300.00. Following discussion by the Council, Councilman Morton moved that the CityManager proceed to work on the Capital Projects funded from the balance of Capital Funds previously allocated for asphalt overlays, and that the firm of DeShazo, Starek & Tang, Inc. be contracted to work with the City on this project. Councilman Wolfe seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen PettiJohn, Morton, Smothermon, Cowman, Wolfe, and Nelson voting in favor of the motion. Item 21: Discussion, consideration and approval of a Professional Services work order to Ginn, Inc. for the design and preparation of contract documents for bidding the construction of Parkway Boulevard, the remaining half street to the east of Town Center not to exceed $19,000 and authorizing the Mayor to sign. City Engineer Russell Doyle made the presentation to the Council. He stated this project is for the City's paving of that portion of one-half of the paving of Parkway Boulevard. This item deals with the design and preparing of contract documents for the actual paving. Following discussion on this item Councilman Morton moved to approve a professional services work order with Ginn, Inc. in an amount not to exceed $19,000. Councilman Nelson seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen PettiJohn, Morton, Smothermon, Cowman, Wolfe and Nelson voting in favor of the motion. Item 22: Discussion and consideration of waiving the inspection fee, in the amount of $17,470.79 on the Royal Lane project. Mayor Duggan introduced this item to the Council. He indicated that in previous discussions concerning this item it is his recollection that the City agreed to waive the indicated inspection fees. Following further discussion, Councilman Smothermon moved that the City waive the inspection fees in the amount of $17,470.79 on the Royal Lane project. Councilman Morton seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilker$on, Councilmen PettiJohn, Morton, Smothermon, Cowman, Wolfe, and Nelson voting in favor of the motion. Item 23: Discussion and consideration of Change Order No. Seven (7) for the Beltline Road (South) Improvement project and authorizing the Mayor to sign. City Consultant Engineer Kevin Peiffer made the presentation to the Council. This change order is in the amount of $15,627.04. Following discussion by the Council, Councilman Wolfe moved that Change Order No. Seven (7) be approved and the Mayor be authorized to sign. Councilman Smothermon seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen PettiJohn, Morton, Smothermon, Cowman, Wolfe, and Nelson voting in favor of the motion. CONSENT AGENDA Item 24A: Consider approval of an ordinance adopting an order calling an Election for Saturday, May 6, 1989 for proposed amendments to the Home Rule Charter and authorizing the Mayor to sign. Item 24B: Discussion, consideration and approval of a professional services contract with Mesa Design Group to act as the City's Park Consultant and authorize the Mayor or sign. AGE 8 OF !~ Item 24C: Discussion and consideration of entering into a contract and agreement with the North Texas Commission in the amount of $1,309.00 for Economic DevelOpment and authorizing the Mayor to sign. Item No. 24A was removed from the Consent Agenda. Councilman Morton moved to approve Items 24B and 24C with Item 24B carrying a Resolution No. 032889.3 and authorizing the Mayor to sign. Mayor Pro Tem Wilkerson seconded the motion; motion carried 6-1 with Mayor Pro Tem Wilkerson, Councilmen Morton, Smothermon, Cowman, Wolfe and Nelson voting in favor of the motion and Councilman Pettijohn voting against the motion. Item No. 24A - City Manager Alan Do latliff informed the Council that the wording on Home Rule Charter Amendments which is indicated as Proposition Number 13 had been questioned, and as a result of this question, had been clarified to clearly state that City employees may not campaign for candidates for office of the City Council, may not run for office of City Council while an employee of the City, and may not run for office of a local area political sub-division which has overlapping jurisdiction with the City of Coppell. Following discussion on this item, Councilman Wilkerson ~oved to approve Ordinance 89-436 calling the election for the proposed Home Rule Charter amendments with the correction to Proposition Number 13, as indicated be approved. Councilman Wolfe seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen Morton, Smothermon, Cowman, Wolfe, and Nelson voting in favor of the motion. EXECUTIVE SESSION (Closed to the public) Item 25: Article 6252-17, Senate Concurrent Resolution Number 83. a. Discussion with City Attorney concerning matter involving privileged coumunication between Attorney and client. (Open to the public) There being no further business to come before the Council the meeting was adjourned. ATTEST: Lou Duggan, Mayor Dorothy Timons, City Secretary MINUTES 032889 MNITS2 (ACE 9 OF 9 )