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CM 1987-12-08 Minutes of December 8, 1987 The City Council of the City of Coppell met in a regular called session on Tuesday December 8, 1987 at 7:30 p.m. in the Coppell Town Center. The following members were present: Lou Duggan Mayor Dan Stanton Mayor Pro Tem Dean Wilkerson, Councilman (late arrival) Walter PettiJohn, Councilman Tom Morton, Councilman Bill Smothermon, Councilman Jim Cowman, Councilman Mark Wolfe, Councilman Also present were City Manager Alan D. Ratliff, City Secretary Dorothy Timmons and City Attorney Larry Jackson. The meeting was called to order and everyone asked to stand while Mayor Pro Tem Stanton gave the invocation. Following the invocation Mayor Duggan led those present in the Pledge of Allegiance. MAYOR'S REPORT Item 1: Mayor's Report Mayor Duggan reported on the following items: A. Art work in the lobby displayed on the dividers has been provided by the High School students. The Mayor requested that this display be moved to an area that would be more visible to citizens visiting City Hall. B. Councilman Morton gave the Council an update on positive results and contacts received from the recent London Trade Mission. C. Mayor Duggan informed the Council that both himself and City Manager, Alan D. Ratliff will be in Washington, D.C. the following week to meet with City representatives as well as attend the graduation ceremonies for Police Chief Tom Griffin's graduation from the F.B.I. Academy. D. A work session has been called for Tuesday, January 5, 1988 to discuss the Economic and Development Policy of the City, interchanges that intersect with State Highway 121, and drainage and infra-structure in the western areas of town. E. Council was informed of the ground breaking ceremony to be held on December 9, 1987 for the upcoming McDonald's restaurant. An anticipated completion date for this facility is March, 1988. Item 2: CITIZEN'S APPEARANCES - Consider citizens who wish to speak before the City Council. There were no citizens who wished to speak befor~ the Council at this time. Item 3: Discussion and presentation by City Attorney regarding legal process available and required for adjournment and Executive Session for legal advice and consultation. City Attorney Larry Jackson briefed the Council on their ability to consult with the City Attorney in Executive Session during regular meetings. Councilman Wilkerson arrived during this presentation. From this point forward there will be a standing item on each Council Agenda detailing the article number that will allow the Council to consult with the City Attorney, should the need arise. Item 4: Discussion and consideration of approving an investment policy for the City. Following discussion on this item Councilman Smothermon moved that the recomamended investment policy for the City be approved. Councilman Morton seconded; motion carried unanimously with Mayor Pro Tem Stanton, Councilmen Wilkereon, Pettijohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. Item 5: Discussion and consideration of approving an agreement with First Southwest Company. Following discussion on this item Councilman Morton moved that the agreement with First Southwest Company be approved and the Mayor be authorized to sign. Councilman Smothermon seconded; motion carried unanimously with Mayor Pro Tem Stanton, Councilmen Wilkerson, PettiJohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. Item 6: Discussion and consideration of amending the Sales and Use Tax Article of the Code of Ordinances of the City of Coppell by adding thereto a new section 1-7-2 relating to taxation of telecommunications services and authorizing the Mayor to sign. Following discussion on this item Councilman Cowman moved that the proposed Ordinance be approved. Mayor Pro Tem Stanton seconded the motion; motion was defeated 3-4 with Mayor Pro Tem Stanton, Coumcilmen Cowman and Wolfe voting in favor of the motion and Councilmen Wilkerson, Pettijohn, Morton and Smothermon voting against the motion. Item 7: PUBLIC HEARING - Consider approval of a zoning change, Case #S-1027, at the request of Goodyear Tire and Rubber Company, from (LI) Light Industrial to (LI.S.U.P.) Light Industrial with a Special Use Permit, on property located approximately 618 feet south of the southwest corner of MacArthur Boulevard and Beltline Road; to allow the operation of an automobile service center, for a total of 0.64 acres. Date of Planning and Zoning Meeting - November 19, 1987 Decision of Planning and Zoning Commission - Approved (7-0) Planning and Zoning Coordinator Taryon Bowman made the presentation to the Council. She stated staff has no objections t~ the approval of this development. Mr. Harvey Youngblood representing Goodyear Tire and Rubber Company, Mr. Rick Walker and Mr. Pat Donovan representing Dunning Development Company also made a presentation to the Council. Mayor Duggan declared the Public Hearing open and asked for those persons who wished to speak against the proposed zoning change. There were none. He then asked for those persons who wished to speak in favor of the proposed zoning change. Again, there were none. The Public Hearing was then declared closed. Following discussion by the Council, Councilman Wolfe moved that this zoning change be approved with the knowledge that the applicant will provide a letter to the City acknowledging City's right of approval for architectural renderings, and there be no outside storage of either materials or vehicles. Mayor Pro Tem Stanton seconded the motion; motion carried unanimously with Mayor Pro Tem Stanton, Councilmen Wilkerson, Pettijohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. Item 8: PUBLIC HEARING - Consider approval of a zoning change, Case #S-1028, at the request of Mr. Barry Thomas from (LI) Light Industrial, to (LI.S.U.P.) Light Industrial with a Special Use Permit, on property located west of a tract situated approximately 600 feet south of the southwest corner of MacArthur Boulevard and Beltline Road, to allow the operation of a car wash on a total of 0.44 acres. Date of Planning and Zoning Meeting - November 19, 1987 Decision of Planning and Zoning Commission - Approved (5-2) Planning and Zoning Coordinator Taryon Bowman made the presentation to the Council. She stated staff has no objections to approval of this item. Mr. David Beardsley representing the applicant also made a presentation to the Council. Mayor Duggan declared the Public Hearing open and asked for those persons who wished to speak against the proposed change. There were none. He then asked for thos6 persons who wished to speak in favor of the proposed change. Those persons speaking were Mr. Ken Arringer who spoke of the integrity of the applicants. The public hearing was then declared closed. During discussion on this item Councilman Morton requested that the staff confirm the nearest residential area to this proposed car wash. Following further discussion Councilman Smothermon moved that the zoning request be approved subject to the car wash draining internally and a rendering being attached to the ordinance. Councilman Wolfe seconded the motion; motion carried 6-1 with Mayor Pro Tam Stanton, Councilmen Wilkerson, PettiJohn, Smotharmon, Cowman and Wolfe voting in favor of the motion and Councilman Morton voting against the motion. Item 9: PUBLIC HEARING - Consider approval of a zoning change, Case #S-1029, at the request of William Dunaway, on property located at 1203 Crestside Drive, to allow the expansion of an automobile repair garage. Date of Planning and Zoning Meeting - November 19, 1987 Recision of Planning and Zoning Commission - Approved (7-0) Planning and Zoning Coordinator Taryon Bowman made the presentation to the Council. She stated staff has no objections to approval of this zoning case. Mr. Howard Herrington representing Nikor Commerce Center also made a presentation to the Council. Mr. Herrington stated that the current business owner has experienced enough growth that he is desiring to expand his operations. Mayor Duggan declared the Public Hearing open and asked for those persons who wished to speak against the proposed zoning change. There were none. He then asked for those persons who wished to speak in favor of the proposed zoning change. Again, there were none. The Public Hearing was declared closed. Following discuss%on on this item Councilman Pettijohn moved that the zoning change be approved with the stipulation that no outside sales or storage be allowed, no mechanical work be performed on site, and that the zoning change be restricted to the sale of collector-type autos. Councilman Smothermon seconded; motion carried unanimously with Mayor Pro Tam Stanton, Councilmen Wilkerson, PettiJohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. Item 10: Consider approval of a Preliminary Plat for St. Ann's Catholic Church, at the request of Paul Unzicker, Inc., on property located approximately 600 feet north of Sandy Lake Road and Samuel Boulevard, fronting along Samuel. Date of Planning and Zoning Meeting - November 19~ 1987 Decision of Planning and Zoning Commission - Approved (7-0) 1-11 Planning and Zoning Coordinator Taryon Bowman made the presentation to the Council. She stated that staff had no objections to approval of this preliminary plat. An additional 7.5 feet has been shown as dedication for the future widening of Samuel Boulevard. No sidewalk has been planned at this time but will be addressed at the final platting stage. Following discussion Mayor Pro Tem Stanton moved that this preliminary plat be approved. Councilman Morton seconded; motion carried unanimously with Mayor Pro Tem Stanton, Councilmen Wilkerson, Pettijohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. Item i1: Consider approval of an application to vacate an existing plat, and a new preliminary plat for Villages of Coppell, Phase II, at the request of Brooks Companies, on property located near the northeast corner of MacArthur Boulevard and Allen Road. Date of Planning and Zoning Meeting - November 19, 1987 Decision of Planning and Zoning Commission - Approved (6-0) Planning and Zoning Coordinator Taryon Bowman made the presentation to the Council. She stated that staff had no objections of approval to vacate this plat and approve the new preliminary plat. Mr. Nathan Maier representing the applicant also made a presentation to the Council. During discussion Council questioned staff's recommendation for the need for an easement on Lots 1 through 12 Block D. It was determined that this would be addressed as a variance on the final plat. During discussion Councilman Wolfe requested that the residents in this area be notified by letter that a public swimming pool is not planned as part of the park area that is located in this vicinity. Following further discussion Mayor Pro Tem Stanton moved that the plat be approved with the applicant addressing the variance on the final plat. Councilman Wolfe seconded; motion carried 6-1 with Mayor Pro Tem Stanton, Councilmen Wilkerson, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion and Councilman Pettijohn voting against the motion. Item 12: Consider approval of a replat and variance for ~orthlake Woodlands, #10, Phase A, at the request of Northlake Woodlands Joint Venture, Inc. on property located at the southeast corner of Falcon and Mockingbird Lane. Date of Planning and Zoning Meeting - November 19, 1987 Decision of Planning and Zoning Commission - Approved (6-0) Planning and Zoning Coordinator Taryon Bowman made the presentation to the Council. She informed the Council that the reason for this request is that the applicant is requesting a variance from a thirty-foot (30) front set-back to a twenty-five foot (25) set back. Mr. Steve Parsons representing the applicant also made a presentation to the Council. Following discussion on this item Mayor Pro Tem Stanton moved that the replat and variance be approved. Councilman Wolfe seconded; motion carried unanimously with Mayor Pro Tem Stanton, Councilmen Wilkerson, PettiJohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. Item 13: Consider approval of a Final Plat for North Texas Mail Processing Center, at the request of the United States Postal Service, on property located at the southeast corner of Royal Lane and Bethel Road. Date of Planning and Zoning Meeting - November 19, 1987 Decision of Planning and Zoning Commission - Approved (7-0) Planning and Zoning Coordinator Taryon Bowman made the presentation to the Council. She indicated that staff had no objections to approve the the plat, however, the building line needs to be shown on the plat. Mr. Russ Cook representing the applicant also made a presentation to the Council. He indicated this building line would be shown on the final plat before it is presented for City's signature. Drainage on the property will be provided through an open channel. Following discussion Councilman Morton moved that the final plat be approved. Councilman Smothermon seconded; motion carried unanimously with Mayor Pro Tem Stanton, Councilmen Wilkerson, PettiJohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. Item 14: Discussion, consideration and adoption of an Ordinance to change the name of the north/south segment of Cotton Road to Royal Lane and authorizing the Mayor to sign. Following discussion on this item Councilman Pettijohn moved that Ordinance #87400 be approved. Councilman Morton seconded; motion carried unanimously with Mayor Pro Tem Stanton, Councilmen Wilkerson, PettiJohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. Item 15: Discussion, consideration and adoption of an Ordinance regulating residential structures in a commercial (C) zoning, and authorizing the Mayor to sign. Following discussion on this item Councilman Smothermon moved that Ordinance #297-A-37 be approved. Councilman Wolfe seconded; motion carried unanimously with Mayor Pro Tem Stanton, Councilmen Wilkerson, PettiJohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. Item 16: Discussion, consideration and approval of a Resolution providing a 33.06 acre site for park and recreational purposes and authorizing the Mayor to sign. Following discussion on this item Councilman Morton moved that Resolution 120887.1 be approved and further stated that a sub-committee be appointed for the specific purpose of preparing further restrictions on the use of this property with a plan being brought back within ninety (90) days. This committee will be composed of Council Liaison, Park Board members and concerned citizens. Councilman Smotbe~mon seconded the motion; motion carried 6-1 with Mayor Pro Tem Stanton, Councilmen Wilkerson, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion and Councilman PettiJohn voting against the motion. Item 17: Presentation and discussion of east/west alignment of Beltline Road and time table for development. Prior to discussion on this item Council adjourned into Executive Session for consultation with the City Attorney at 10:05 p.m. on Tuesday December 8, 1987. They reconvened in open session at 10:18 p.m. on the same date. City Engineer Wayne Ginn made the presentation to the Council on this item. He stated that his firm has made an estimate of the proposed cost for improvements to Beltline Road east/west both in its current alignment and alternate alignment. Mr. Tim House representing Crow-Billingsley also made a presentation to the Council and requested a consensus to proceed with the drafting of City Developer Agreement concerning the re-alignment of the road that runs through the Crow-Billingsley property. It was the consensus of the Council that Mr. House proceed with the drafting of this agreement. Item 18: Discussion, consideration and approval of an Interlocal Cooperation Agreement between Collin County and the City of Coppell for the designation and construction of State Highway 121 into a controlled access freeway from D/FW Airport to U.S. 75 in the City of McKinnsy. Following discussion on this item Councilman Morton moved that the City contribute $350.00 towards the cost of the above stated study and enter into the Interlocal Cooperation Agreement between Collin County and the City of Coppell. Councilman Smothermon seconded; motion carried unanimously with Mayor Pro Tem Stanton, Councilmen Wilkerson, Petttjohn, Morton, Smothsrmon, Cowman and Wolfe voting in favor of the motion. Item 19: Discussion and consideration of final acceptance of 1.5 MG Elevated Tank and approvalof Final Pay Application. Following discussion on this item Councilman Wilkerson moved that the City approve final payment in the amount of $48,940.00 with $13,500.00 being withheld for liquidated damages. Councilman Smothermon seconded; motion carried unanimously with Mayor Pro Tem Stanton, Councilmen Wilkerson, PettiJohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. Item 20: Discussion and consideration of awarding Bid #0006 for the purchase of a sewer vacuum/Jet rodding machine for use in the Public Works Department and authorizing the Mayor to sign. Following discussion on this item Councilman Wilkerson moved that this bid be awarded to Texas Underground Incorporated in the amount of $114,544.08 based on a three-year (3) lease purchase plan. Councilman Cowman seconded; motion carried unanimously with Mayor Pro Tem Stanton, Councilmen Wilkerson, Pettijohn, Morton, Smothermou, Cowman and Wolfe voting in favor of the motion. Item 21: Consider approval of a revision to Chapter IX, Section 1 of the Personnel Policy regarding Holidays. Following discussion on this item Councilman W~lfe moved that the recommended revisions to Chapter IX, Section I of the Personnel Policy be approved. Councilman Morton seconded; motion carried unanimously with Mayor Pro Tem Stanton, Councilmen Wilkerson, Pettijohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. Item 22: Consider approval of charges to the City Council budget in the amount of $8.61. Councilman Morton moved that the charges to the City Council budget in the amount of $8.61 be approved. Councilman Cowman seconded; motion carried unanimously with Mayor Pro Tem Stanton, Councilmen Wilkerson, Pettijohn, Morten, Smothermon, Cowman and Wolfe voting in favor of the motion. Item 22A:Discussion and consideration of cancelling the regular scheduled meeting of the City Council on December 22, 1987. Mayor Pro Tem Stanton moved that the regular scheduled City Council meeting of December 22, 1987 be cancelled. Councilman Cowman seconded; motion carried unanimously with Mayor Pro Tem Stanton, Councilmen Wilkerson, Pettijohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. J EXECUTIVE SESSION (Closed to the public) Item 23: A. Article 6252-17, Section 2 (e) discussion with City Attorney. 1)Discussion concerning litigation in regard to lawsuits. 2)Discussion of contracts and agreements with the City in regard to Economic and Development leads. B. Article 6252-17, Section 2 (f) discussion concerning the purchase, exchange, lease or value of real property. 1)Discussion of acquisition of right-of-way with Minyards. Mayor Duggan then declared the meeting closed on December 8, 1987 at 10:43 p.m. for an Executive Session as allowed unHer the above recited articles. Mayor Duggan adjourned the Executive Session on December 8, 1987 at 11:45 p.m. The meeting was then declared open to the public. There being no further business to come before the City Council, the meeting was adjourned. x-____-~6'JDuggan, MayPo ~ ATTEST: ,_.% Dorothy Timmo~, C it~L~e er e t ary MINUTES 120887 MNITSI