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CM 1986-01-21 Minutes of January 21, 1986 The City Council of the City of Coppeil met in a special called session on Tuesday January 21, 1986 at 7:30 p.m. in the Conference Room at the First Security Bank & Trust Company. The following members were present: Lou Duggan, Mayor Bunny Thompson, Mayor Pro Tem Dale Ware, Councilman John Bailey, Councilman Walter PettiJohn, Councilman Bill Smothermon, Councilman 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 Bailey gave the invocation. Following the invocation Mayor Duggan informed the Council of several items of information. 1. He had been contacted by J. Patterson of Terra Properties for a consensus of the Council to move forward on the land fill that will becoming before the Council on February 11, 1986. Consensus of the Council was to proceed on this item. 2. Mayor Duggan informed the Council that he had been recently notified that a amphitheater is being considered for construction in the Northlake Park area. 3. Mayor Duggan also informed the Council that hydro-plane races are anticipated to be held next Labor Day at Northlake and has been asked for the City of Coppell to give the endorcement for this project. 4. Mayor Duggan informed the Council that a special meeting will be held on February 3, 1986 to consider the relocation of Beltline Road. The City of Carrollton is also calling a special session and will also be discussing this item. ORDINANCES AND RESOLUTIONS Item Al: Consider approval of an Ordinance abandoning a portion of Kimbel Kourt. Councilman Ware made this presentation to the Council. He indicated he had met with the developer as requested by the Mayor and Council to work out the construction of the cul-de-sac at the end of Warren Court. Councilman Ware stated that the results of this meeting brought about the following considerations: 1) The City would have a street easement with a reverter clause on the property where the cul-de-sac is to be built. 2) If the road is extended, the cul-de-sac will be taken out and the land will revert to the land owners who have given the easement. 3) The cul-de-sac is to be located on the Triland property. 4) Triland (Lakes of Coppell) will pay eighty-five percent of the construction amount of DeForest Road. 5) Triland will not be required to overlay the remainder of Kimbel Kourt. 6) Because the masonry screening wall along MacArthur Boulevard is not anticipated to be completed by the time some of the homes in the Kenwood Development are complete, a letter of credit would be filed by Triland with the City for the completion in the amount of the construction of the wall so that the certificates of occupancy could be approved when requested by the builders of the Kenwood Develop- ment. This letter of credit would be filed only if the wall is not complete at the time of request for the Certificates of Occupancy. Following Councilman Ware's presentation, the drainage problem on the McInnish property and the right-hand turn at Warren Drive and Parkway Boulevard were also discussed. Mr. Doug Spiker of Triland Company indicated that he did not feel that Triland had adversely impacted the McInnish drainage problem. It was also discussed and felt by the Council that the right hand turn at Warren Drive and Parkway Boulevard had not been resolved. Councilman Ware indicated that Mr. Warren has stated that he wanted utilities available to his property with the gravel road to his house being improved and landscaped. Water is currently available at this location; however, sewer is not. Following further discussion on this item, Councilman Ware moved that an ordinance abandoning that portion of Kimbel Kourt north of MacArthur Boulevard be approved, with the agreement that Triland would pay eighty-five percent of the cost of construction of a twenty-seven foot concrete road on DeForest Road; that the cul-de-sac at the end of Warren Court be constructed entirely on the property of Triland with the exception of the right-of-way that is in existence (this construction would include a reverter clause for the property to revert back to adjoining property owaaers at such time that a through street is built), that a letter of credit for the construction of the wall along MacArthur Boulevard be required at such time as fifty percent of the homes in the Kenwood Development are completed, and that the overlay of Kimbel Kourt north of Village Parkway not be required. Mayor Pro Tem Thompson seconded; motion carried 4-1 with Councilman Pettijohn voting against the motion. This ordinance will be numbered 86-344. Mayor Duggan stated that he felt Councilman Ware had done an excellent Job of working with the developer on this project; however, he was vetoing the ordinance and drafting his objections as follows: 1. An excellent Job has been done on the cul-de-sac 2. McInnish drainage is a problem 3. The wall in Lakes of Coppell are still a problem. 4. The drainage study currently being done for the entire area north of Sandy Lake Road would address all drainage problems 5. That litigation is in progress on this project Following further discussion Councilman Ware re-stated his motion for the Council to approve Ordinance No. 86-344 and authorize the Mayor Pro Tem Thompson to sign. Mayor Pro Tem Thompson seconded; motion carried 4-i with Councilman Pettijohn voting against the motion. Item 1: Consider for ratification by the city council for participation in the Texas Parks and Wildlife Local Park Fund Grant Program - Community Park, Phase 3 and authorizing the mayor to sign resolution. Mr. Larry Hartshorn made the presentation to the Council. He recommended that the City go forward with the application for Phase III and that the Mayor be authorized to sign the Resolution. The deadline for submissions is February I, 1986 with the approval process coming during the month of June and funds being forwarded for release to Cities sometime after that. The City's portion of the Phase III application is $249,000.00. Following discussion on this item Mayor Pro Tem Thompson moved that the City ratify the Council's participation in the Texas Parks & Wildlife Local Fund Grant Program Community Park Phase III and authorize the Mayor to sign. Councilman Smothermon seconded and motion carried 5-0. This Resolution will be numbered 012186.1. Item 2: Consider approval of a Resolution opposing the construction of a concrete batch plant on east Beltline Road. It was the consensus of the Council that opposition to the construction of this batch plant on east Beltline Road be approved. Following discussion Councilman Ware moved that Resolution 012186.2 be approved. Councilman Smothermon seconded; motion carried 5-0. Item 3: Consider acceptance of the parking lot at the municipal complex and approval of estimate to Howard U. Freeman, Inc. City Manager Frank A. Proctor, Jr. made the presentation to the Council. Mr. Jack O'Brien and Mr. Rick Bertani of O'Brien, O'Brien Nyfeler and Callaway were also present to discuss this item with the Council. Problems being experienced at the Municipal Complex as well as those concerning the parking lot were discussed. The problem in the parking lot is not that it may or may not hold up, but that something was built that was not built to City specifications. City Manager Frank A. Proctor, Jr. stated that there should have been a change order indicating the change in construction plans and that there is no indication the City has this change order. Mr. Rick Bertani indicated that there is documentation to indicate that lime stabilization in the parking lot was never recoum~ended or approved. Consulting Engineer Wayne Ginn indicated that it was his understanding that there was to be a lime sub-grade under the parking lot and that the lime may not have been included. Revised estimate No. 9 from the Contractor in the amount of $215,965.00 was presented for Council's approval. Mayor Pro Tem Thompson moved that the estimate be paid upon receipt of a letter of guarantee from the contractors. Councilman Bailey seconded; motion carried 4-1 with Councilman Smothermon voting against the motion. City Engineer Ed Powell recommended that the general contractor on the project pay the $350.00 for the extension of the PVC sleeve on Parkway Boulevard. This was an unforseen circumstance. Following further discussion by the Council, Councilman Pettijohn moved that the City pay the $350.00 for this PVC sleeve extension. Councilman Ware seconded; motion carried 4-1 with Councilman Smothermon voting against the motion. ELECTIONS Item 4: Canvass returns of the January 18, 1986 Home Rule Charter Election. Following discussion on this item Councilman PettiJohn moved that the canvass of the Home Rule Charter Election showing 409 votes in favor Home ~nle Charter with 7 votes against the Home Rule Charter be accepted. Councilman Bailey seconded; motion carried 5-0. ORDINANCES AND RESOLUTIONS Item 5: Consider approval of an ordinance amending Article 1-5 of the Code of Ordinances of the City of Coppell and providing for the appointment of a City Manager as authorized by the Home Rule Charter adopted January 18, 1986. Following discussion on this item Councilman Smothermon moved that Frank A. Proctor, Jr. be appointed as the City Manager for the City of Coppell. Councilman Pettijohn seconded; motion carried 5-0. The ordinance appointing Mr. Frank A. Proctor, Jr. as City Manager will be numbered 86-345. Mayor Duggan then administered the oath of office to Mr. Proctor. The meeting was then adjourned. HOME RULE CHARTER ELECTION CITY OF COPPELL, TEXAS January 18, 1986 CANVASS OF RETURNS AND DECLARATION OF RESULTS OF ELECTION BE IT REMEMBERED that on this the 21st day of January, 1986 at a special meeting of the City Council of the City of CopDell, Texas, a quorum being present, the meeting was called to order and the following business was transacted. Upon motion of ~xk ) ; , and seconded by ~ it was unanimously ordered that the City C eil consider the o ial returns of the Home Rule Charter electioh held in the City of Coppell, Texas on the 18th day of January, 1986. WHEREUPON, said official returns were opened, examined, canvassed and the results declared as follows: CANVASS OF RETURNS AND DECLARATION OF RESULTS WHEREAS, heretofore, the City Council of the City of Coppell, Texas, called an election to be held on the 18th day of January, 1986, for the purpose of submitting to the qualified voters of the City the question of whether or not a proposed Home Rule Charter should be adopted by the City of Coppell, Texas, as recommended by the Home Rule Charter Commission; and WHEREAS, immediately after said election the presiding judge and other officials holding said election made their returns and results thereof as follows, and said returns being made according to law, and duly authenticated, and it being shown that notice of said election was given in the manner provided by law, and that all other proceedings portaining to said election having been shown to have been done and performed at and within the time and in the manner provided by law, and all papers pertaining thereto having been returned and filed as provided by law and no protest or object/on being made to or regarding any matter pertaining to said election; NOW, THEREFORE, be it resolved by the City Council of the City of Coppell, Texas, after examining said returns and opening and canvassing the votes of said election, that the results of said election are as follows: that the following number of votes were cast on the proposition "For Adoption of the Charter" or "Against Adoption of the Charter," to-wit: Proposition Number of Votes For Adoption of the Charter Against Adoption of the Charter It appearing that the proposition "For Adoption of the Charter" received ~ ~ votes and the proposition "Against Adoption of the Charter" received ~ votes, it is hereby declared that a majority of the qualified voters, voting at said election, voted "For Adoption of the Charter", and it is hereby declared and ORDERED that said Charter is adopted as proposed. IT IS FURTHER ORDERED that a copy of said proposed Charter be attached hereto as Exhibit "A" and made a part hereof for all purposes and that pursuant to Article 1169, Vernon's Annotated Civil Statutes of the State of Texas, this official order be entered upon the records of the City of Coppell, Texas, declaring said Charter to be adopted as the Home Rule Charter of the City of Coppell, Texas, and henceforth it shall be the Charter of the City until amended or repealed. IT IS FURTHER ORDERED that the Mayor, as soon as practical, shall certify to the Secretary of State an authenticated copy of such Charter under the seal of the City showing approval of said Charter by the qualified voters of the City which said copy shall be filed and recorded by the Secretary of State in a separate book kept for that purpose. IT IS FURTHER ORDERED that the City Secretary shall record at length upon the records of the City of Coppell, in a separate book to be kept in the office of the City Secretary for such purpose, the Home Rule Charter as adopted. Upon recording of the Charter by the City Secretary, it shall be deemed a public act and all courts shall take judicial notice of the same and no proof shall be required of it in any court. This order declaring the result of said election, canvassing the returns and ordering the same entered upon the records of the City shall become effective immediately after its passage. DULY PASSED by the City Council of the City of Coppell, Texas, on the 21st day of January, 1986. APPROVED; ATTEST; APPROVED AS TO FORM; M EXHIBIT CITY OF COPPF. LL, TEXAS CERTIFICATE OF MAYOR STATE OF TEXAS § COUNTY OF DALLAS § CITY OF COPPELL I, the undersigned, LOU DUGGAN, Mayor of the City of Coppell, Texas, a municipal corporation, in the performance of the ftinetions of my office, and pursuant to Article 1173, Vernon's Annotated Civil Statutes of the State of Texas, hereby certify to the Secretary of the State of Texas, that the attached "Canvass of Returns and Declaration of Results of Election" is a full, true and correct copy of said order as the same appears of record in the official papers of the City, showing adoption of the Charter attached to said order as Exhibit "A" by the qualified voters of the City and declaring said Home Rule Charter to be the Charter of the City until amended or repealed. WITNESS MY HAND AND SEAL OF THE CITY OF COPPELL, TEXAS, at my office in the City of Coppell, Texas, on this the 21st day of January, 1986. City of Coppell, Texas ATTEST; ATTEST: Dorothy Timmon ,~ity~e cr e t ary MINITS 012186