CM 1986-02-18 Minutes of February 18, 1986
The City Council of the City of Coppell met in special called session on
Tuesday February 18, 1986 at 7:30 p.m. in the Coppell High School
Administration Building. The following members were present:
Lou Duggan, Mayor
Dale Ware, Councilman
John Bailey, Councilman
Walter PettiJohn, Councilman
Bill Smothermon, Councilman
Mayor Pro Tem Bunny 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 brought to the Council's attention a request for an
expenditure of $1,000.00 from the Mayor and Council budget to buy
medallions with the city logo to be presented to various citizens for
service on boards and commissions. The price of each medallion is
$i0.00 and it is anticipated that 100 would be purchased at this time.
Following discussion Councilman Bailey moved that these medallions be
purchased and be awarded to those individuals who service is effective
April, 1985. Councilman PettiJohn seconded and motion carried 4-0 with
Councilman Ware, Councilman Bailey, Coundilman Smothermon and Councilman
PettiJohn voting in favor of this item. Next, discussion was held
,--- concerning the City Flag and lapel pins for employees. It was the
consensus of the Council that these items be checked into. The last
items under the mayor's report concerned variances to the metal building
ordinance. Questions have been raised concerning which body hears
requests for variances. City Attorney Larry Jackson stated that when
any ordinance other than the zoning ordinance has a variance request,
the Council has to spell out how they want the exceptions handled and
where they want those exceptions to be heard. Our metal building
ordinance does not spell that out, therefore, the council is the body to
hear these variances.
CITIZEN'S APPEARANCES
Item 2: Consider citizens who wish to speak before the City Council.
Mayor Duggan asked if there were any citizens who wished to speak before
the council at this time. There were none.
ORDINANCES AND RESOLUTIONS
Item 3: Consider approval of a resolution supporting the construction
of rail lines under the Dallas Area Rapid Transit (DART)
Program and authorizing the mayor to sign.
Mrs. Carol Dingham, councilmember from the City of Farmers Branch, made
this presentation. She is requesting that we Join the City of Farmers
Branch in requesting DART to continue studying the LBJ Freeway Corridor
for construction of either a High Occupancy Vehicle (HOV) closed lane or
Light Rail Service. Following the presentation, Councilman Smothermon
moved that resolution 021886 be approved and the Mayor be authorized to
sign; Councilman Bailey seconded and motion carried 4-0 with Councilman
Ware, Councilman Bailey, Councilman Smothermon and Councilman Pettijohn
voting in favor of the motion.
REQUESTS AND PRESENTATIONS
Item 4: Discussion and consideration of a request from Mortar Masters
for a concrete crusher and expanded operation to be located near the
southern boundary of the City of Coppell.
Mr. Tom Norton representing Mortar Masters made the presentation to the
Council. He stated that his company has a request before the Texas Air
Control Board for expansion of a concrete crusher and mortar mixing
plant. Mr. Norton addressed those items of concerns previously
expressed by the Council in their request to the Texas Air Control Board
which included the additional traffic on Beltline Road, the effect of
the plant on Coppell's ETJ, the zoning and air pollution. During
discussion with the Council, Mr. Norton stated that he would agree in a
contract with the City of Coppell to move the crusher and mortar plant
by the end of 1988. Mr. Norton stated that sales tax revenue to be
generated from this area should it be annexed by the City would be
approximately one-half to three-quarters of a million dollars. Following
further discussion on this item, Councilman PettiJohn moved that the
request for hearing before the Texas Air Control Board be withdrawn with
the stipulation that the concrete crusher and mortar plant be moved by
the end of 1988. Councilman Smothermon seconded; motion failed 3-2 with
Councilman PettiJohn and Councilman Smothermon voting for the motion and
Mayor Duggan, Councilman Bailey and Councilman Ware voting against the
motion. Councilman Smothermon then moved that the City withdraw the
request for hearing before the Texas Air Control Board with the
stipulation that the concrete crusher and mortar plant be removed by the
end of 1988, and that in the event the property is annexed, a temporary
Specific Use Permit will be requested with the grandfather rights to a
non-conforming use being terminated, and that Mr. Norton give whatever
assistance he can to obtain the property owner's approval in the zoning
change request. Councilman PettiJohn seconded and motion failed 2-3
with Councilman Smothermon and Councilman PettiJohn voting for the
motion and Mayor Duggan, Councilman Bailey and Councilman Ware voting
against the motion. Councilman Bailey then moved that the request for
public hearing before the Texas Air Control Board be withdrawn with the
contingency of Mortar Masters obtaining a letter from the property
owners giving Mortar Masters approval to request a temporary Specific
Use Permit which would terminate at the end of 1988. This permit would
be for the rock crusher and mortar plant should the area be annexed.
Councilman Ware seconded; motion carried 3-1 with Councilman Bailey,
Councilman Ware and Councilman PettiJohn voting for the motion and
Councilman Smothermon voting against. Councilman Smothermon was
appointed by the Mayor to act as Council liason between the City
and Mortar Mssters.
Item 5: Discussion and consideration of changing the designated date of
Coppell Founder's Day on request of the Coppell Rotary Club.
Mr. Pat Murphy made the presentation to the Council. He stated that
there is a conflict with the designated date of the first Saturday in
May and is requesting that Coppell Founders Day be celebrated the last
Saturday in April. Following discussion on this item, Councilman
Pettijohn moved that the City approve the change of Coppell Founders day
to the last Saturday in April. Councilman Bailey seconded; motion
carried 4-0 with Councilman Ware, Councilman Bailey, Councilman
PettiJohn and Councilman Smothermon voting for the motion.
Item 6: Work session, discussion, and consideration of goals and
directions for the Economic Development Board and approval of a budget
amendment to finance a study to determine hotel facility needs for
Coppell (tabled from February 3, 1986).
Economic Development Board Chairman Jim Cowman requested that this item
be withdrawn at this time and be placed on the agenda of February 25,
1986. It was indicated that Council would also like to see the budget
concerning this board.
Item 7: Discussion and consideration of the City*s sign ordinance as it
pertains to special purpose political signs.
This item has been brought to the Council's attention by candidates for
the upcoming city election and deals with the number of signs as well as
the bond that is required to be posted. Following discussion on this
item, Councilman Smothermon moved that the sign ordinance be amended to
permit up to three (3) personal property sales signs and or special
purpose political signs and that this section would take precedence over
the $100.00 bond required to be posted for the installation of these
signs. Councilman Bailey seconded and motion carried unanimously with
Council Ware, Councilman Bailey, Councilman PettiJohn and Councilman
Smothermon voting for the motion. Mayor Duggan stated that those
candidates who have already posted the $100.00 bond could receive a
refund by applying to the Inspections Department.
CONTRACTS AND AGREEMENTS
Item 8: Consider approval of Change Order Number 1 on the Moore Road
Projects which decreases the contract $72,038.48 (the change order is
for the construction of the alternate bridge design) and authorizing the
mayor to sign.
Following discussion on this item~ Councilman Bailey moved that Change
Order Number ! be approved. Councilman Smothermon seconded and motion
carried unanimously with Councilman Ware, Councilman Bailey, Councilman
Pettijohn and Councilman Smothermon voting in favor.
Item 9: Consider approval of a Solid Waste Disposal Agreement with DFW
Airport and authorizing the mayor to sign.
City Manager Frank A. Proctor, Jr. made the presentation to the Council.
He stated that because the City is a tenant on airport property, the
item in the contract concerning an agreement to refrain from dumping
hazardous or special waste into dumpsters located on the airport
premises applies to the City of Coppell. Following discussion on this
item, Councilman Smothermon moved that this contract be approved and
that the Mayor be authorized to sign contingent upon the approval of the
City Attorney. Councilman Bailey seconded; motion carried unanimously
with Councilman Ware, Councilman Bailey, Councilman Pettijohn and
Councilman Smothermon voting for the motion.
OTHER BUSINESS
Item 10: Consider changing the official newspaper from the weekly
edition (Community Close-up) of the Dallas Times Herald to the daily
edition of the Dallas Times Herald.
City Attorney Larry Jackson and City Secretary Dorothy Timmons made the
presentation to the Council. This item is being requested in order to
alleviate the extensive lead time that is required with a daily
publication. Following discussion, Councilman Ware moved that this item
be tabled until the price rates can be obtained from various other
newspapers as well as the number of column inches that the City runs per
week. Councilman Smothermon seconded; motion carried unanimously with
Councilman Ware, Councilman Bailey, Councilman PettiJohn and Councilman
Smothermon voting in favor.
Item 11: Discussion and review of Home Rule Charter procedures.
City Attorney Larry Jackson reviewed the Home Rule Charter with the
Council and pointed out specific sections within the Charter that
pertain directly to the Council. He stated that he is making a list of
required ordinances and procedures that will be needed with the passage
of this Charter.
EXECUTIVE SESSION (Closed to the public)
Item 12: Article 6252-17, Section 2 (e) discussion with City Attorney.
Item 13: Article 6252-17, Section 2 (g) discussion concerning personnel.
Because there were no items to discuss the council did not convene in an
executive session at this time.
PUBLIC SESSION
Item 14: Consider action based on items discussed in the Executive
Session.
There were no items to be considered under this section.
Item 15: Discussion and consideration for approval of easements required
for the construction of MacArthur Boulevard across the St. Louis
Southwestern Railway Company's right-of-way.
Mr. Jay Patterson discussed this item with the Council. He stated that
he is in basic agreements; however he would like to see it amended to
limit the total cost of the improvements to the price quoted, which is
$182,732.00. That he would like to see the station designations on the
map that is attached, that he would like to change the date to read June
17, 1986, which is the date agreed upon by the Council, and to annotate
the document to one crossing. Following further discussion on this
item, Councilman Ware moved that this agreement be approved with the
stipulation that the total cost of the improvements would be limited to
$182,732.00, that the station designations appear upon the document,
that the document be annotated for the one crossing only, and the
effective date for completion be June 17, 1986. Councilman Bailey
seconded and motion carried unanimously with Councilman Ware, Councilman
Bailey, Councilman PettiJohn and Councilman Smothermon voting in favor.
Item 16: Discussion and consideration of status report on:
Phase II - Land acquisition
Phase III - Grant aplication
Phase I - Parking lot
Mrs. Paula Lavelle, Co-Chairman of the Park Board, made the presentation
to the Council. She stated that the items are being requested for
consideratioh because of the deadlines imposed on the City by the Texas
Parks and Wildlife Department Regulations. The City has been authorized
to proceed with the acquisition of land on the Phase II agreement. This
item has to be completed prior to Phase III application being approved.
$368,050.00 will be reimbursed by the State for this purpose with
Univest supplying the remainder in the form of a donation of the land.
Texas State Parks and Wildlife Department has also instructed the Parks
Department to apply for a designation of a historical site in the Phase
II area. The Phase III Grant Application is being proposed and will be
ready in order to make the February 27th deadline for submission to the
state. Mrs. Lavelle stated that the parking lot in Phase I is in
extreme need of being expanded. Total cost for this parking area as
called for in the master park plan is approximately $600,000.00;
however, it is anticipated that the expansion would be of the same type
as is being used now and would be done by volunteer labor and material
which would result in no cost to the city. The city staff was directed
to proceed with these acquisitions and improvements.
Item 17: Clarification of plat for Villages at Cottonwood Creek.
Mr. Larry Bateman and Mr. Ulyess Lane representing SBS Development
appeared before the Council requesting clarification on the plat for the
Villages at Cottonwood Creek. Mr. Bateman stated that when the plat was
presented to the Planning and Zoning Co~ission and the City Council,
they were requesting a variance of 25-feet rather than the required 30
feet. Plats filed with the County indicated the 25 foot building line
while the ordiance approving the zoning change which was adopted
November 21, 1984 indicates a 30-foot building line. City Engineer Ed
Powell info.ed the council that there is another area of tom that the
s~e discrepancy is appearing between the plats and ordiances, and he is
reco~ending that the council allow the plats to stand and amend the
ordinance to be in confo~ance with the building lines as approved~
Following discussion, Counci~an Ware moved that the City accept the
plats on the Cottonwood Creek and Northlake Woodlands Section VI
additions as filed with the county, and that the City ordinances
adopting zoning changes on these two areas be amended to reflect the 25-
foot front yard setbacks. Councilman Bailey seconded and motion carried
unanimously with Councilman Ware, Counci~an Bailey, Councilman
PettiJohn and Councilman Smothe~on voting in favor.
Sere being further business to come before the council the meeting was
adjourned.
ATTEST:
MINITS 021886