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CM 1986-01-14 Minutes of January 14, 1986 The City Council of the City of Coppell met in regular called session on Tuesday, January 14, 1986 at 7:30 p.m. in the Coppell High School Administration Building. The following members were present: Lou Dnggan, Mayor Dale Ware, Councilman John Bailey, Councilman Walter Pettijohn, Councilman Bill Smothermon, Councilman Mayor Pro Tam Thompson was not present. Also present were City Manager Frank A. Proctor, Jr., City Secretary Dorothy Timmons and City Attorney Larry Jackson. The meeting was called to order and everyone asked to stand while Councilman PettiJohn gave the invocation. MAYOR'S REPORT Item 1: Mayor's Report Mayor Duggan called to the Council's attention a recent article in the Dallas Morning News concerning the possible development of a concrete crusher to be located Just south of the existing City limits. This item will be checked on for action to be taken by the Council. Next Mayor Duggan presented to Richard Lee, Chairman of the Home Rule Charter Commission the Mayor's award for their work and efforts in creating a document to be presented to the voters on January 18, 1986. The Mayor also recognized those members of the commission present who were Martha Jo Cozby, Marsha Tunnell, Ellen Fugett, Andy Norton, Tom Morton, Peyton Weaver, John McCall, Donna Knox, and Ted Fulmer. Next the Mayor informed the Council that a special meeting will be held on Tuesday January 21, 1986 to canvass the returns of the special election for the Home Rule Charter. The Mayor then presented the Mayor's award and recognized those police officers who worked so diligently in the Malory Sutton kidnapping case. Those persons recognized were Police Chief Tom Griffin, Lieutenant Jack Foley, Detective CID Division Ted Hayes and Detective Michael Gonze. The Mayor then informed the Council of an article in the Mid Cities newspaper which stated that building boom in this area was generally over, however it listed the Coppell area as an exception. Finally the Mayor stated that the Coppell Gala which is planned for the recent future in not to be a political function and will not be hosted by the City of Coppell. CITIZEN'S APPEARANCES Item 2: Consider citizens who wish to speak before the City Council. There were no persons who wished to speak before the Council at this time. ,._. NEW BUSINESS Item 3: Presentation by Arthur Anderson & Company of the audit report for fiscal 1985 and consideration of acceptance of this audit. Mr. C. Phillips Audit Manager and Ms. Diane Burns, Audit Senior made the presentation to the Council which sets out recommendations for improvements and system procedures and policies. A copy of both the audit report and management letter are on file as a permanent part of the City records. Following discussion on this item Councilman Smothermon moved that the audit and management letter be adopted. Councilman Pettijohn seconded; motion carried 4-0. Item 4: Discuss and consider condemnation of St. Louis Southwestern Railroad Crossing and Fairway Railroad Crossing. There was no persons present from St. Louis Southwestern Railroad to discuss this item with the Council. However, Mayor Duggan indicated he had recently visited with Mr. Bob McClanahan from the railroad who had ~'~ made the following statements and considerations to him. Mr. McClanahan apologized for the recent comments made by Mr. Dave Andrews to the Council on December 10, 1985 and stated that Mr. Andrews should not have been involved in discussions concerning the moving of Beltline Road. Mr. McClanahan stated that Mr. Andrews had no business being at the Council meeting and that he did not know why he would be involved, and that the moving of Beltline Road issue was a totally separate issue from the railroad crossing. Mr. McClanahan indicated that he had received the January 3, 1986 letter from Mayor Duggan and that the crossing from MacArthur Boulevard was approved in San Francisco on January 10, 1986 by the Vice-President of Operations. Additionaly Mr. McClanahan promised that all engineering and paper work would be out in the next thirty days, that there would be no foot dragging, that it would be put on the top burner and that normally it takes six months to one year to get approval but ours would be accomplished within thirty days. Construction would take approximately four months to complete. Mayor Duggan stated that he is asking the Council to take the following action. To approve the condemnation of the MacArthur Boulevard crossing if written agreement and engineering is not received by February 15, 1986 and construction of the crossing is not completed by June 17, 1986. Additionally, to approve the condemnation of Fairway Drive if engineering approval and agreement is not received within three months after submission of the plans and engineering to the railroad, and construction of the crossing is not complete within four months of the engineering approval. Following discussion on this item Councilman '--~ Smothermon moved that the recommendation of the Mayor be accepted. Councilman Bailey seconded; motion carried 4-0. Item 5: Consider approval of recommendation from O'Brien, O'Brien Nyfeler & Callaway on municipal complex. Mr. Mike Henjum and Mr. Jack O'Brien of' O'Brien, O'Brien Nyfeler & Callaway made the presentation to the Council. Mr. O'Brien stated that they concur with the recommendations of City Manager Frank A. Proctor, Jr. concerning the placement of employees and improvements to the Municipal Complex. Mr. O'Brien stated that they have rechecked the plans and that the glass enclosure on the second floor has been withdrawn from the plans as well as the glass enclosure in the radio room. Following discussion on this item Councilman Smothermon moved that the City Manager be authorized to approve any change orders which net less than $5,000.00. Councilman Ware seconded; motion carried 4-0. Mr. O'Brien also recommended to the Council that a time extension to the contractor of twenty days for adverse weather conditions be approved. Following discussion on this item Councilman Ware moved that the twenty day time extension be approved. Councilman Bailey seconded; motion carried 4-0. PUBLIC HEARINGS ~-~ Item 6: Public hearing to consider amendments to the Comprehensive Zoning Ordinance. City Attorney Larry Jackson made a brief presentation to the Council prior to this public hearing. He stated that the Planning & Zoning Comisssion have met and approved the reco~anended changes to the zoning ordinance concerning requirements for S.U.F. for a Special Use Permit for churches and residentia! areas. However, the amendments brought about as a result of problems experienced on Howe1! and Bullock Street have been tabled. 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 those persons who wished to speak for the proposed change. Those persons speaking were Reverend C.A. McBride, Faster Lou Broom, Fastor David Cart and Fastor Calvin gevels. The public hearing was then declared closed. Following discussion on this item Councilman Smothermon moved that the amendments to the zoning ordinance be approved and that an ordinance be prepared for Council consideration. Councilman Bailey seconded; motion carried 4-0. REQUESTS AND PRESENTATIONS Item 7: Consider approval of a resolution to adopt the marketing brochure of the Economic Development Board as the official marketing information for the City of Coppell. Mr. Jim Cowman, Chairman of the Economic & Development Board made the presentation to the Council. He also recognized Mr. Peyton Weaver and Mr. Dan Stanton who helped prepare the brochure for the City. Following discussion on this item Councilman PettiJohn moved that the marketing brochure be adoped as the official brochure for the City of Coppell. Councilman Bailey seconded; motion carried 4-0. Item 8: Consider approval for a rate increase request from Texas Waste Management and discussion concerning contract. City Manager Frank A. Proctor, Jr. made the presentation to the Council. He called to the Council's attention the fact that this is a ten year contract with automatic increases that are attached to the consumer price index for each year. Following discussion on this item Councilman Bailey moved that the City acknowledge the rate increase as dictated by the contract. Councilman Ware seconded; motion carried 3-2 with Councilman Smothermon, Councilman Pettijohn voting against the motion and Mayor Duggan breaking the tie in favor of the motion. Item 9: Consider approval for a request for a temporary building for a concession stand and press box at the High School baseball field. (Tabled from December 10, 1985) City Manager Frank A. Proctor, Jr. made the presentation to the Council. He stated that the school is requesting a temporary building for a concession stand and press box to be used at the High School baseball field. Following discussion on this item Councilman Bailey moved that this temporary building be approved for a two year time period. Councilman Smothermon seconded; motion carried 4-0. Item 10: Consider request from Metrocrest Chamber of Commerce for additional funding and approval of amendment to the mayor and council budget. Mayor Duggan made the presentation to the Council. He stated that the Chamber is requesting a $1,000.00 additional funding for building additions to the chamber offices and $2,000.00 for employment counseling as a result of Mostek laying off employees. Following discussion on this item Councilman Smothermon moved that $1,000.00 for the building fund be approved. Councilman PettiJohn seconded; motion carried 4-0. Item 11: Consider request from Mrs. Margaret Croft to change the street name of Nixon Street in the Sherwood Park Subdivision. Mrs. Margaret Croft made the presentation to the Council. She stated that she was unaware that this street had been named for a Senior Citizen; however they are requesting that it be changed to avoid any negative political connotation. Following discussion on this item Councilman PettiJohn moved that the request be denied. Councilman Bailey seconded; motion carried 4-0. Item 12: Reconsider motion of December 10, 1985 approving the installation of "No Parking" signs on one side of Villawood Lane in Northlake Woodlands East. Mr. Graham Moore representing the Northlake Woodlands East Homeowners Association spoke to the Council on this item. He stated that there are twenty-three homes on Villawood that are against the installation of "No Parking" signs on this road. Mayor Duggan recognized Mr. Allan Luechen of 712 Villawood and Mrs. Susan Corbin of 628 Villawood who spoke in support of the removal of the "No Parking" signs. Mr. Joe Nave of 550 Shadowcrest and Ms. Cathy Weaver spoke in favor of having "No Parking" signs installed. Following discussion on this item Councilman Smothermon moved that this item be tabled until the next regular scheduled Council meeting in order for the Polic Chief in conjunction with City Engineer and Fire Chief to bring back a recommendation on this item. Councilman PettiJohn seconded; motion failed 2-3 with Councilman Ware and Councilman Bailey voting against the motion and Mayor Duggan breaking the tie. Councilman Ware then moved that the "No Parking" signs be left up or re-installed. Councilman Smothermon seconded; motion carried 3-I with Councilman Pettijohn voting against the motion. Item 13: Consider approval of request for the installation of two stop signs at Heartz and Bethel School Road and Rolling Hills and Bethel School Road. Councilman PettiJohn made this presentation to the Council. He stated that he had received requests from various citizens in the area requesting these stop signs be put up to control traffic. Mayor Duggan recognized Kurt Wall of 205 Parkmeadow Way who was against the installation of the stop signs. He also recognized Steve Truex of 516 Bethel School Road, Dick Doerr of Rolling Hills Circle, Bill Purcell of Bethel School Road who were in favor of the installation of the signs. Following discussion on this item Councilman PettiJohn moved that the stop signs at the locations listed be installed. Councilman Smothermon seconded; motion carried 3-2 with Councilman Ware and Councilman Bailey voting against the motion and the Mayor breaking the tie. STAFF REQUESTS Item 14: Consideration of approval of a lease purchase in Public Works. City Manager Frank A. Proctor, Jr. made this presentation to the Council. He stated that this vehicle can be funded from the current budget without an amendment at a cost of $2,248.60 for a three year lease. This vehicle is an addition to the purchase of vehicles that are presently budgeted. Following discussion on this item Councilman Ware moved that the recommendation be approved. Motion died for lack of a second. Councilman Smothermon then moved that the lease be approved and that the City Manager be directed to draft a vehicle policy for the City to determine if a vehicle pool is needed so that better control of City vehicles can be established. Councilman PettiJohn seconded; motion carrier 4-0. Item 15: Consider approval for the purchase of a mobile radio for the City Manager's vehicle. Mayor Duggan made this presentation to the Council. Following discussion, Councilman Ware moved that the purchase of a mobile phone for the City Manager's vehicle be approved. Councilman Smothermon seconded; motion carried 4-0. The City Manager Frank A. Proctor, Jr. was directed to approve all itemized bills on all cellular phones in order to retain control of this item, Item 16: Consider approval of a resolution authorizing the establishment of a deferred compensation program through the International City Management Association (ICMA). Finance Director Frank Trando made the presentation to the Council. He stated that this plan would be at no cost to the City and is an additional deferred compensation plan that would be offered to City employees. Following discussion Councilman PettiJohn moved that this plan be approved, Councilman Ware seconded; motion carried 4-0. Item 17: Discussion and consideration of Enhanced 9-1-1- Financing report. Fire Chief, Jackie Mayfield made the presentation to the Council. Mr. Norm Milton Operations Manager of General Telephone and Mrs. Barbara Carmen Special Consultant for 911 services assisted in this presentation. City Attorney Larry Jackson spoke on the legal implications and funding. He stated that there is statutorily authority for the City implementing this proposal. This project would impose approximately $1.00 per month fee on each phone for the next thirty-six months. Following discussion on this item Councilman Smothermon moved that this item be tabled to the January 28, 1986 Council meeting in order to further study the funding of this project. Councilman Pettijohn seconded; motion carried 4-0. Item 18: Presentation and consideration of approval for a Disaster Response Plan for the City of Coppell. Mayor Duggan stated that this item would be tabled for further review by the City Attorney Larry Jackson. ORDINANCES AND RESOLUTIONS Item 19: Consideration for ratification by the City Council for participation in the Texas Parks and Wildlife Local Park Fund Grant Program - Co,unity Park, Phase 3 and authorizing the Mayor to sign resolution. Mrs. Paula Levelle Co-Chairman of Park Board made the presentation to the Council. She requested that this item be tabled to the special meeting which is going to be held on January 21, 1986. Following discussion Councilman PettiJohn moved that this item be tabled to the January 21, 1986 Council meeting. Councilman Bailey seconded; motion carried 4-0. Item 20: Consider approval of an ordinance abandoning a portion of Kimbel Kourt. Mr. Doug Spiker and Mr. Tim House of Triland Corporation made the presentation to the Council. Following a short discussion Councilman Bailey moved that this ordinance be approved. Motion died for lack of second. A lengthy discussion then followed concerning outstanding issues needing to be resolved with this company. These items concern the paving of DeForest Road, the McInnis drainage problem, the walls on the lakes, drainage of the entire area and cul-de-sac at Warren Drive. Following a lengthy discussion Councilman Ware moved that this item be tabled until some of the problems discussed can be resolved. Councilman PettiJohn seconded; motion carried 3-1 with Councilman Bailey voting against the motion. Mayor Duggan instructed Councilman Ware to work with Doug Spiker from Triland Corporation to resolve these issues. BIDS Item 21: Consider approval of awarding a bid for the purchase of a 72-inch out front mower for the Parks Department. Director of Public Works, Steve Gorham made the presentation on this item. It is his recommendation that the low bid of $7,700.00 be awarded to Colonial Motor Company. Following discussion Councilman PettiJohn moved that the recommendation of the Director of Public Works be approved. Councilman Smothermon seconded; motion carried 4-0. Item 22: Consider awarding a bid to purchase one (1) 1986 Rubber Tired Loader with Grader Blade for the Street Department. Director of Public Works, Steve Gotham also made this presentation to the Council. It is his recommendation that the bid be awarded to Case Power and Equipment Company in the amount of $22,749.00. Following discussion Councilman Smothermon moved that this recommendation be accepted. Councilman PettiJohn seconded; motion carried 4-0. CONTRACTS Item 23: Consider approval of a contract with Graham Wrecker Service for vehicle wrecker service within the City of Coppell and authorizing the mayor to sign the contract. Police Chief, Tom Griffin made the presentation to the Council. It is his recommendation that Graham Wrecker Service of Carrollton be awarded the contract for wrecker services with the City of Coppell. Mr. Graham presently holds contracts with the Cities of Carrollton, Addison and Farmers Branch and is located on Whitlock Road Just outside of Coppell. Following discussion on this item Councilman Smothermon moved that this contract be approved and the Mayor authorized to sign. Motion died for lack of second. Further discussion followed concerning individuals within the City of Coppell who might be interested in providing this service. Police Chief, Tom Griffin stated that the individual interested within the City of Coppell did not have the facilities to store vehicles as needed. Following further discussion Councilman Smothermon again moved that this contract be approved effective January 15, 1986 and to cancel January 15, 1988 and that the Mayor be authorized to sign the contract. Councilman Bailey seconded; motion carried 3-1 with Councilman Pettijohn voting against the motion. Item 24: Consider approval of a contract with Calvert & Company/Architechts, Inc. for schematic design cost for the Municipal service center and authorization for the mayor to sign this contract. (Tabled from December 10, 1985). Mr. Richard Calvert made the presentation to the Council. He stated that the land where the service center is to be located is eighty percent out of the flood plain and that the area in front of the maintenance building that is currently in the flood plain is proposed to be raised and brought out of the flood plain. A masonary screening wall is proposed for the west side of the development with a temporary roadway being built along the western portion of the development which will be abandoned at such time as a permanent roadway on the east side of the property is constructed, and access at that point will be from the east. The Administration building is proposed to be an all brick exterior with composition shingle roof. The proposed budget does not include landscaping. Following discussion on this item Councilman Ware moved that the contract with Calvert & Company Architects Incorporated for schematic design cost for the Municipal Service Center be approved and that the Mayor be authorized to sign. Councilman PettiJohn seconded; motion carried 3-1 with Councilman Bailey voting against the motion. Item 25: Consider approval of an Interlocal Agreement with the City of Carrollton regarding MacArthur Boulevard and authorizing the mayor to sign the agreement. City Attorney Larry Jackson made the presentation to the Council. He stated that this agreement would allow Coppell to pay and maintain that portion of MacArthur Boulevard that is located within the City of Carrollton. Following discussion on this item Councilman Smothermon moved that the contract be approved and that the Mayor be authorized to sign. Councilman Bailey seconded; motion carried 4-0. Item 26: Consider approval of Change Orders 2, 3 and 4 on municipal complex and authorizing the mayor to sign the change orders. Mr. Mike HenJum representing O'Brein, O'Brein, Nyfeler and Calloway made the presentation to the Council. Total cost of Change Orders 2, 3 and 4 is $1,861.00. Following discussion on this item Councilman Bailey moved that these change orders be approved and that the Mayor be authorized to sign. Councilman Ware seconded; motion carried 3-1 with Councilman Smothermon voting against the motion. PLATTING ACTIONS - PRELIMINARY PLATS Item 27: Plat Application #85-10-31 - to consider approval of preliminary plat for Carmel at the Lakes of Coppell. Date of Planning & Zoning - December 19, 1985 Recommendation of Planning & Zoning - Approval Mr. George Michulka of Graton Corporation made the presentation to the Council. He stated that this development is proposed to have two car enclosed garages with two off street parking spaces. The Planning & Zoning Commission as well as staff and City Engineering recommends approval of this plat. Following discussion Councilman Ware moved that this plat be approved. Councilman Smothermon seconded; motion carried 4-0. Item 28: Plat Application #85-11-18 - to consider approval of preliminary plat for Coppell Road Business Park. Date of Planning & Zoning - December 19, 1985 Recommendation of Planning & Zoning - Approval. Mr. Dale Veenker made the presentation to the Council. Planning & Zoning Commission, City Engineers and staff recommend approval of this plat. The screening wall is to be a live screening wall that would be installed behind the houses in the adjoining development. Questions concerning the screening wall and the twenty foot rear set-back were discussed by the Council. Council expressed concern that they would like to see additional trees at this point so as to more distinctly separate the area from the residential development in the rear. Mr. Veenker indicated that he is working with a landscape architect and would be willing to plant the additional trees. Following discussion Councilman Smothermon moved that the plat be approved with the stipulation that the owner plant the extra trees in the rear of the property. Councilman PettiJohn seconded; motion carried 4-0. PLATTING ACTIONS - FINAL Item 29: Plat Application #85-11-19 - to consider approval of replat of final plat for Village of Cottonwood Creek Section III. Date of Planning & Zoning - December 19, 1985 Recommendation of Planning & Zoning - Approval Mr. David MacCarver made the presentation to the Council. He stated that this is a replat on zero lot line homes. Staff and Planning and Zoning as well as the City Engineer are recommending approval of this plat. Following discussion Councilman Bailey moved that the plat be approved. Councilman Smothermon seconded; motion carried 4-0. Item 30: Plat Application #85-11-18.1 - to consider approval of a final plat for Daybridge Learning Center. Date of Planning & Zoning - December 19, 1985 Recommendation of Planning & Zoning - Approval Mr. Larry Frassinelli and Mr. Wilson Tripido made the presentation to the Council. Planning and Zoning Commission, City Engineer and staff recommends approval of this plat. Following discussion Councilman Smothermon moved that the plat be approved. Councilman Bailey seconded; motion carried 4-0. Item 31: Plat Application #85-11-18.2 - to consider approval of a final plat for Towne Creek II Apartments. Date of Planning & Zoning - December 19, 1985 Recommendation of Planning & Zoning - Approval Mr. Robert Shaw and Mr. Kenny Hafner made the presentation to the Council. Mr. Shaw stated that this development consists of twenty-four units per acre and does include covered parking. Planning and Zoning Commission, City Engineer and staff recommend approval of this plat. Following discussion Councilman Bailey moved that this plat be approved. Councilman Smothermon seconded; motion carried 4-0. OTHER BUSINESS Item 32: Consider approval of railroad crossing agreement with the St. Louis Southwestern Railway Company for a 12" waterline crossing ~--~ associated with the Moore Road Project and authorization for the mayor to sign the agreement, (Tabled from December 10, 1985) and approval of a railroad crossing agreement for a 24" waterline crossing associated with the Riverchase development.. City Engineer, Ed Powell made the presentation to the Council. He stated that these two agreements are the standard form of agreements and do include a fee of $260.00 for the filing. Following discussion Councilman Ware moved that these agreements be approved and that the Mayor be authorized to sign. Councilman Smothermon seconded; motion carried 4-0. Item 33: Consider approval of minutes of November 26, 1985 December 4, 1985 December 10, 1985 Councilman PettiJohn moved that the minutes of November 26, 1985, December 4, 1985 and December I0, 1985 be approved. Councilman Ware seconded; motion carried 4-0. Item 34: Consider approval of departmental bills. Following discussion on this item Councilman Smothermon moved that the bills be approved for payment. Councilman Ware seconded; motion carried 4-0. EXECUTIVE SESSION (Closed to the public) Item 35: Article 6252-17, Section 2 (e) discussion with City Attorney. Item 36: Article 6252-17, Section 2 (g) discussion concerning personnel. The meeting was then closed for an executive session as allowed under the two above stated articles, Following the executive session the meeting was declared open. PUBLIC SESSION (Open to the public) Item 37: Consider action based on items discussed in the Executive Session. Councilman Ware moved that Klm Robinson be hired as despatcher in the Police Department. Councilman Smothermon seconded; motion carried 4-0. Councilman Smothermon then moved that John LittleJohn be transferred from the position of despatcher to warrant officer. Councilman Smothermon seconded; motion carried 4-0. Councilman Smothermon moved that temporary help be approved in the Municipal Court due to the maternity leave of one of the permanent employees. Councilman PettiJohn seconded; motion carried 4-0. Item 38: Consider approval of moving the Municipal Court Department to be under the Director of Finance and amendment to the Municipal Court Budget. Following discussion on this item Councilman Smothermon moved that this item be tabled. Councilman Bailey seconded; motion carried 4-0. The meeting was then adjourned. Lou Duggan, Mayor~ ATTEST: MINITS 011486