CM 1988-01-12 Minutes of January 12, 1988
The City Council of the City of Coppell met in a regular called session
on Tuesday, January 12, 1988 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 (late arrival)
Mark Wolfe, Councilman
Also present were City Manager Alan D. Ratliff, Dorothy Timmons City
Secretary and City Attorney Larry Jackson.
The meeting was called to order and everyone asked to stand while
Councilman Pettijohn gave the invocation. Following the invocation
Mayor Duggan led those present in the Pledge of Allegiance.
APPROVAL OF MINUTES
Item I: Approval of minutes - November 24, 1987
December 8, 1987
Following discussion Councilman Smothermon moved that the minutes be
approved as submitted. Mayor Pro Tem Stanton seconded the motion;
motion carried unanimously with Mayor Pro Tem Stanton, Councilmen
PettiJohn, Morton, Smothermon and Wolfe voting in favor of the motion.
Councilman Wilkerson and Councilman Cowman arrived at this time.
MAYOR'S REPORT
Item 2: Mayor's Report
Mayor Duggan reported on the following items:
A. City Manager Alan D. Ratliff is checking to see if funding is
available for the principal arterial street system for the
City. Those streets being considered ~re Sandy Lake Road,
Gateway from Freeport west to Royal Lane, Freeport north to
State Highway 121, and Bethel School road west to the spine
road of D/FW Airport. The City's recommendation will be
presented to the Commissioner's Court on Wednesday.
B. A Ground Breaking Ceremony was held the previous Sunday at St,
Ann's Catholic Parish.
C. A meeting will be held on January 14, 1988 to discuss the
.Federal Budget cuts.. This includes the U.S. Postal Facility
located in the southwestern portion of the City. The Mayor
will be sending an express letter to the Postal Services
requesting that this item be funded in this years budget.
D. A request has been received by the City for support in the
amount of $500 to help fund the Coppell Gala. The City did
contribute the same amount the previous year. Funds for this
contribution can be expended through the Economic and
Development line item in the Mayor and Council budget, and
could be used for advertising of the City. It was the
consensus of the Council that $500 be expended in support of
the Coppell Gala but that it be noted for the record that the
Council is not setting a precedence for future Councils in
support of funding for this project.
E. Councilman PettiJohn expressed appreciation to those persons
who had been present at the Sandy Lake Road Baptist Church Open
House.
F. The special trash pick-up day that was omitted due to icy
weather the previous week will be replaced by a special day on
Saturday, January 23rd.
G. Staff was requested to check into rebar that is standing up on
the Bethel School Road project. Councilman Pettijohn
requested, that if necessary, guard rails be installed for the
protection of people driving this road.
H. Councilman Wolfe informed those preesnt that a number of
businesses in Coppell were able to stay open due to the efforts
of the Public Works Department in sanding the streets during
the icy weather.
Item 3: CITIZEN'S APPEARANCES - Consider citizens who wish to speak
before the City Council.
There were no citizens who wished to speak at this time.
PUBLIC HEARINGS:
Item 4: Consider approval of a zoning change, Case #S-1030, from "C"
Commercial to "C.S.U.P." Commercial with a Special Use Permit
for a restaurant, located at 150 Denton Tap Road, Suite 10lA,
at the request of Mr. Charles Lambert.
Date of Planning and Zoning Meeting - December 17, 1987
Decision of Planning and Zoning - Approval (7-0)
Planning and Zoning Co-ordinator Taryon Bowman made the presentation to
the Council. She stated that one (1) notification had been received
back in favor of this zoning change. She also informed the Council that
the maximum number of parking spaces had been reached for this
development and when the shopping center was originally platted there
were adequate number of parking spaces. However, due to changes
requested and approved by the City Council this is no longer the case.
Mr. Charles Lambert 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 zoning
change. There were none. He then asked for those persons who wished to
speak for the proposed zoning change. Those persons speaking were Mr.
Dave Edwards. Mayor Duggan declared the public hearing closed.
Following discussion by the Council, Councilman Morton moved that this
zoning change request 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 5: Consider approval of a Special Use Permit, Case #S-iO08(A),
located at the southeast corner of MacArthur Boulevard and
Beltline Road to allow the alteration of~ a site plan, at the
request of Alan Goldberg Architects.
Date of Planning and Zoning Meeting: - December 17, 1987
Decision of Planning and Zoning - Denied (7-0)
Planning and Zoning Co-ordinator Taryon Bowman made the presentation to
the Council. She stated that the rendering was a condition for approval
of the previous zoning case; therefore, any changes made to this
rendering constitutes a new zoning change. Mr. Alan Goldberg and Mr.
Pat Donovan representing the applicant also spoke to the Council. Mr.
Goldberg stated that the brick would be identical to that used in the
shopping center. Mayor Duggan then 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 for the proposed zoning change. Again, there were none. The
public hearing was declared closed. During discussion by the Council,
concern was expressed about bricking the columns in the car wash.
Following further discussion Councilman Wolfe moved that the zoning
change be approved subject to the columns on the car wash being bricked
and a rendering being attached as a part of the zoning ordinance.
Councilman Cowman seconded the motion which is recorded as a 6-1 vote
with Mayor Pro Tem Stanton, Councilmen Morton, Smothermon, Cowman and
Wolfe voting in favor of the motion. Councilman PettiJohn abstaining
from the motion, with no conflict of interest being indicated, and
Councilman Wilkerson voting against the motion. Councilman Petttjohn's
abstention is recorded as an affirmative vote as stated under Section
3.11 (B) of the Coppell Home Rule Charter. The motion passed with six
(6) votes being required to overturn recommended denial by the Planning
and Zoning Commission.
Item 6: Consider approval of a zoning change, Case #PD-105, from (SF-9)
Single Family-9, to (PD)(SF-9) Planned Development Single
Family-9, on property located at the southeast corner of
Parkway Boulevard and Samuel Boulevard at the request of
Meadowglen Properties.
Date of Planning and Zoning Meeting: - December 17, 1987
Decision of Planning and Zoning - Approval (7-0)
(WITH STIPULATIONS)
Planning and Zoning Co-ordinator Taryon Bowman made the presentation to
the Council. She stated that seven (7) responses had been received, two
(2) in favor and five (5) against this proposed zoning change. Mr. Glen
Hinklsy 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 zoning change.
There were none. He then asked for those persons who wished to speak in
favor of the proposed zoning change. Those persons speaking were Mr.
Terry Hoffman, representing the Homeowners Association. The public
hearing was then declared closed. Planning and Zoning Co-ordinator
Taryon Bowman stated that an additional request for variance had been
received on this item and is recommended. This variance concerns the
percentage of lot coverage. Following discussion on this item
Councilman Morton moved that this zoning change be approved with the
develops= agreeing to deed restrict all lots in the. development as
follows:
1. During the first three (3) years the minimum dwelling size
shall be 1750 square feet.
2. At the end of the three (3) year period if 50% of the lots
have not been developed or 50% of the houses have not been
sold, the minimum dwelling size shall be 1600 square feet.
3. During the first three (3) year period a builder may apply
to the Homeowners Association to construct less than a 1750
square foot home. If such a request is first approved by
the Homeowners Association and the Coppell Board of
Adjustments such builder may build in accordance with such
approval without being in violation of the minimum 1750
square foot condition of this deed restriction. The
Coppell Board of Adjustments will not be requested to
consider such matters until after an applicant has obtained
approval by the Homeowners Association.
Councilman Wolfe seconded the motion which carried unanimously with
Mayor Pro Tam Stanton, Councilmen Wilkerson, PettiJohn, Morton,
Smothermon, Cowman and Wolfe voting in favor of the motion.
PLATTING
Item 7: Consider approval of a final plat for St. Ann's Catholic
Church, located approximately 600 feet north from the northeast corner
of Sandy Lake Road and Samuel Boulsvard, at the 'request of the Roman
Catholic Diocese of Dallas.
Data of Planning and Zoning Meeting - December 17, 1987
Decision of Planning and Zoning - Approval (6-0)
With the provision that the funds for the building of the
sidewalk be escrowed.
Planning and Zoning Co-ordinator Taryon Bowman also made this
presentation to the Council. She stated that the request is for a
Church and a multi-purpose building. The cost of the sidewalk,
approximately $4,000 dollars, has been recommended to be escrowed.
Kevin Peiffer representing City Engineer Wayne Ginn's office stated that
it is their recommendation that the sidewalks not be built at this time
due to the possibility of it being torn up when the construction of
Samuel Boulevard is undertaken. The applicant is requesting that a
Letter of Credit be filed with the City as opposed to the money being
escrowed. Following discussion by the Council, Mayor Pro Tam Stanton
moved that this plat be approved with the stipulation that a Letter of
Good Faith Credit be filed with the City for the construction of the
cost of the sidewalk. Councilman Wolfe seconded; motion carried
unanimously with Mayor Pro Tam Stanton, Councilmen Wilkerson, PettiJohn,
Morton, Smothermon, Cowman and Wolfe voting in favor of the motion.
Item 8: Consider approval of a final plat for Gateway Park at Coppell
Addition, located at the southeast corner of Beltltne Road and
Southwestern Boulevard.
Date of Planning and Zoning Meeting - December 17, 1987
Decision of Planning and Zoning - Approval (5-0-1)
(WITH STIPULATIONS)
Planning and Zoning Co-ordinator Taryon Bowman made the presentation to
the Council. Also present to discuss this item was Mr. Ted Searcy
representing the applicant, Due to legal questions that arose among the
Council during discussion on this item, Mayor Duggan declared an
Executive Session at 9:05 p.m. on Tuesday, January 12, 1988 as posted
and allowed under Article 6252-17 Senate Concurrent Resolution Number
83, discussion with City Attorney concerning matter involving privileged
communications between Attorney and client. Following this portion of
the Executive Session, Mayor Duggan declared the Executive Session
adjourned and the meeting open to the public on Tuesday, January 12,
1988 at 9:15 p.m. Following further discussion on this item Councilman
Wolfe moved that the plat be approved with the following stipulations:
1. The present extension of Bullock Drive to line-up with
Howell Drive and abandon the Bullock extension as shown on
the plat.
2. Southwestern right-of-way become one-way westbound from
Denton Tap to Dairy Queen entrance.
3. Right-of-way for Gateway Boulevard to be 100 feet.
4. The Developer to construct Southwestern Drive from Denton
Tap through to past Pinkerton Elementary and to construct
their portion of Cowboy Drive in conjunction with Connell
Development construction on the south side.
5. Freeport Parkway right-of-way to be 55 feet for their
Developer portion.
6. Applicant to make improvements to Gateway and Metro Drive
prior to planned completion on August 22, 1988 and the
addendum that was added.
7. Applicant should show on the final plat Developer intends
to meet all criteria of the Floodplain Ordinance including,
but not limited to, their construction of the drop station
with pro-rata reimbursement.
8. Construction phases should be show~ on the final plat and
construction plans.
9. Ail applicable Developer Codes for the City of Coppell,
ordinances, building permits, etc. to be enforced and the
individual lot owners will be required to pay applicable
fees prior to re-platting. These fees shall include, but
not limited to, water and sewer availability, sewer
connection fees, water tap fees, construction permit fees
and filing fees.
10. Applicant agrees to revise water line easement as indicated
on the revised map dated October 6, 1987.
11. Applicant agrees to provide an additional 20 foot
construction easement for the water line by separate
instrument.
Councilman Morton seconded the motion; motion carried with Mayor Pro Tem
Stanton, Councilmen Wilkerson, PettiJohn, Morton, Smothermon, Cowman and
Wolfe voting in favor of the motion.
Item 9: Consider approval of a preliminary plat for Freeport Parkway,
located along Freeport Parkway, at the request of Fortune Asset
Management Company.
Date of Planning and Zoning Meeting - December 17, 1987
Decision of Planning and Zoning - Approved (6-0)
Planning and Zoning Co-ordinator Taryon Bowman made this presentation to
the Council. Following discussion on this item Councilman Morton moved
that this plat be approved subject to the applicant addressing the
punch-list as provided by City Engineer Wayne Ginn's office and service
defects on the road-way being corrected before final plat approval is
requested. Mayor Pro Tem Stanton seconded; motion carried unanimously
with Mayor Pro Tem Stanton, Councilmen Wtlkerson, Pettijohn, Morton,
Smothermon, Cowman and Wolfe voting in favor of the motion.
OTHER BUSINESS
Item 10: Discussion, consideration and approval of variances to the
Floodplain Ordinance of the City of Coppell, raquested for
Creekview Addition.
Mr. Kevln Peiffer representing City Engineer Wayne Ginn's office made
the presentation to the Council. He stated that this variance is minor
and does not adversely impact the existing residents to the north or
their Planned Development. Following discussion on this item Councilman
Smothermon moved that this variance 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: Discussion, Consideration, and approval of a variance from
Table II of Appendix A of the Sub-Division Ordinance to allow
the construction of a residential driveway that is in excess
of 24 feet in width.
Councilman Wilkerson indicated a conflict of interest as outlined under
Section 3.11 (A). Building Official Dale Jackson made the presentation
to the Council. Also making the presentation was applicant Don Carter.
Following discussion on this item Mayor Pro Tem Stanton moved that this
request be approved. Councilman Morton seconded; motion carried 6-0-I
with Mayor Pro Tem Stanton, Councilmen PettiJohn, Morton, Smothermon,
Cowman and Wolfe voting in favor of the motion and Councilmen Wilkerson
abstaining from voting. Councilman Wilkerson's vote is not counted as
an affirmative vote as stated under Section 3.11 (A) City of Coppell
Home Rule Charter.
Item 12: Discussion, consideration, and approval a change in the regular
meeting day for the Park Board from the 2nd Monday each month
to the 1st Monday. This is to comply with Ordinance 86-366
Creating the Park and Recreation Board.
Following discussion on this item Councilman Morton moved that the
change in meeting dates for the Park Board be approved. Councilman
Smothermon seconded; motion carried 6-I with Mayor Pro Tem Stauton,
Councilmen Wilkerson, Morton, Smothermon, Cowman and Wolf~ voting in
favor of the motion and Councilman PettiJohn voting against the motion.
Item 13: Presentation, review and acceptance of Audit Report for Fiscal Year 1987 presented by Arthur Andersen.
Mayor Duggau stated that this item is being presented for the Council to
receive and review the Audit Report for fiscal year 1987 as well as the
Management letter. These items will appear before the Council the first
meeting in February for approval. Present to discuss this item with the
Council was Mr. Lou Grabowski and Mr. Bob O'Brien with Arthur Andersen.
No action was taken by the Council on this item.
Item 14: Discussion and consideration of awarding Bid/Proposal 0009,
Cleaning Service Contract, Coppell Town Center, Inspections and
the Service Center.
Following discussion on this item Councilman Smothermon moved that this
bid be awarded to Executive Maid~ Inc. in the amount of $23,232.00 as
the low bid presented. Mayor Pro Tem Stanton 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 and consideration of awarding Bid 0010, Police Vehicles.
Following discussion on this item Councilman Wolfe moved that the Bids
for the purchase of four (4) Police vehichles be approved with the
following stipulations:
1. The City Manager will determine funding for two (2) of the
vehichles and bring forward a request to the Council for
transfer of funds.
2. Any proceeds from the sale of existing vehichles will be
added to the Combined Services account balance for funding
of the Economic and Development Director.
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.
Item 16: Discussion and consideration of appointment of a Council member
to serve as exofficio to Metrocrest Hospital Authority.
Following discussion on this item Councilman Smothermon moved that
Councilman Tom Morton be appointed as the exofficio member to serve on
the Board of Directors of the Metrocrest Hospital Authority. Councilman
Cowman seconded the motion. The vote on the motion is reflected as a
7-0 vote with Mayor Pro Tem Stanton, Councilmen Wilkerson, PettiJohn,
Smothermon, Cowman and Wolfe voting in favor of the motion and
Councilman Morton abstaining. Councilman Morton's abstention is
reflected as a affirmative vote as stated under Section 3.11 (B) City of
Coppell Home Rule Charter.
CONSENT AGENDA
Item 17A:Discussion, consideration and adoption of a Resolution
supporting the "Regional Policy Position" on the Trinity River
Corridor and a "Common Vision" among all affected local
governments and authorizing the Mayor to sign.
17B:Discussion and consideration of amending the Ordinance allowing
the assessment of an administrative fee for persons who fail to
register and secure a permit for their alarm system and
authorizing the Mayor to sign.
17C:Discussion, consideration and approval of a Resolution
ratifying Mayor Pro Tem's execution and delivery of notice of
exercise of option concerning the Phase III Park Site purchase
and authorizing the Mayor to sign.
17D:Consider approval of charges to the City Council budget in the
amount of $1,468.82.
Following discussion on this item Councilman Morton moved that the
Consent Agenda be approved with Item 17A being assigned a Resolution
Number of 011288.1, Item 17B being assigned an Ordinance Amendment
Number 87381-A-1 and 17C being assigned a Resolution Number of 011288.2.
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.
OTHER BUSINESS
Item 18: Discussion, consideration and approval of an Ordinance for Case
#PD-103 located near the northwest corner of DeForest Road and
MacArthur Boulevard, at the request of the Parks of Coppell
Joint Venture and authorizing the Mayor to sign.
Approved by Planning and Zoning Commission - August 20, 1987
Approved by City Council - October 27, 1987
Councilman Wolfe moved that Ordinance Number 297-A-38 be approved.
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.
Item 19: Discussion, consideration and approval of an Ordinance for Case
#S-1001, located approximately 1,350 feet' from the northwest
corner of Hackberry Road and Beltline Road, at the request of
Ed Bell Construction Company and authorizing the Mayor to sign.
Approved by Planning and Zoning Commission - November 20, 1986
Approved by City Council - January 13, 1987
Conncilman Wilkerson declared a Conflict of Interest as allowed under
Section 3.11 (A). Councilman Cowman moved that Ordinance Number
297-A-39 be approved. Councilman Morton seconded the motion. Motion
carried 6-0vl with Mayor Pro Tem Stanton, Councilmen Pett~John, Morton,
Smothermon, Cowman and Wolfe voting in favor of the motion. Councilman
Wilkerson abstained from voting due to the above stated Conflict of
Interest. Councilman Wilkerson's vote is not counted as an affirmative
vote as stated under Section 3.11 (A) City of Coppell Home Rule Charter.
EXECUTIVE SESSION: (Closed to the public)
Item 20A: Article 6252-17, Senate Concurrent Resolution Number 83
1. Discussion with City Attorney concerning matter involving
privileged communications between attorney and client.
B: Article 6252-17, Section 2 (e) discussion with City Attorney.
1. Discussion concerning possible litigation
A. Legal purposes of discussing right-of-way acquisition
- Minyards
B. Legal discussions regarding pending lawsuits
Mayor Duggan declared the public hearing closed at 11:24 p.m. on
Tuesday, January 12, 1988 for an Executive Session as allowed under the
above recited articles. Mayor Duggan adjourned the Executive Session at
11:47 p.m. on Tuesday, January 12, 1988.
OPEN SESSION (Open to the public)
Item 21: Consider approval of agreement with Minyards concerning
drainage and authorizing the Mayor to sign.
Councilman Morton moved that the conceptual agreement with Minyards
concerning drainage be approved and the City Attorney be authorized to
proceed with drafting of this agreement. 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.
The meeting was then adjourned.
[,ou uuggan, l~aryor
ATTEST:
Dorothy Tigris, L'~y Secretary
MINUTES 011288
MNITSI