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CM 1986-03-11 Minutes of March 11, 1986 The City Council of the City of Coppell mst in regular session on Tuesday, March 11, 1986 at 7:30 p.m. in the Coppell High School Adminis- tration Building. The following members were present: Lou Duggan, Mayor Bunny Thompson, Mayor Pro Tem (late arrival) 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 Smothermon gave the invocation. MAYOR'S REPORT Item 1: Mayor's Report Mayor Duggan called upon Councilman Smothermon to give a report on the recent Japanese delegate tour of Coppell. Councilman Smothermon in- dicated that on Tuesday March 4, 1986, himself, Councilman Ware, Econom- ic & Development Board Members Jim Cowman, Jay Turner and Jim Brown visited with the Japanese Firm and toured the City. This firm is looking for an area of approximately twenty acres to employ about twelve-hundred people of which three-hundred will be scientists and white collar workers. Councilman Smothermon has been informed that Coppell is in the final two site locations with decision to be made within the next two weeks. Mayor Duggan then asked Councilman Smothermon to report on the opening of a new restaurant in Coppell. Councilman Smothermon indicated that the Pizza Hut Company has informed him that one of their franchise businesses will be opening sometime early this fall. Mayor Duggan then informed the Council of the Coppell Child Safety Day which is being sponsored by Congressman Martin Frost and is to be held this Saturday. This effort is being sponsored to assist public safety officials in their efforts to find and locate missing children when the need arises. CITIZEN'S APPEARANCES Item 2: Consider citizens who wish to speak before the City Council. Mr. A.J. Callahan of 235 Edgewood Drive was recognized and stated that he would like to speak concerning the Public Safety Departments. He indicated he was appalled at the outcome of the recent fire on Oakcrest Drive. The response time of the Fire Department and his feeling of non-profess~onalism in this department. The Mayor directed the City Manager Frank A. Prcotor, Jr. to assess the reaction time, along with the Fire Chief and respond to this gentleman. Mr. Rich Pilone of 801 Howell was recognized and indicated he had a problem with getting the back of Bullock and Howell Street mowed. Mayor Duggan indicated that he was aware of this problem and it was being handled through channels. REQUESTS AND PRESENTATIONS Item 3: Discussion and action on Northlake Hydro-Plane boat races to be held Labor Day weekend at North Lake. Mr. Scott Smith made the presentation to the Council. Mr. Smith stated that hydro-plane races began around 1904 and have increased in popularity since that time. He also indicated as far as the Northlake location, it is their intention to bring participants off of Beltline onto Hackberry, and into the park rather than bring participants and spectators through the City of Coppell. They will control access and egress to this project as well as traffic. It is anticipated that twenty-four to twenty-nine thousand people are expected over the three day time period. They will provid their own medical and safety people as needed. Additional restroom facilities are scheduled to be installed throughout the park. The hours of operation are 10 o'clock to 5 o'clock on Friday, 10 o'clock to 5 o'clock on Saturday and 12 o'clock to 5:10 p.m. on Sunday. Discussion was held concerning the mechanics working on the boats and starting the engines up during the night-time hours. Mr. Smith indicated that they would allow the mechanics to work on the boats but would be willing to curtail the starting of the boats so as not to disturb the surrounding residents. Mr. Smith also indicated that they have received verbal approval from the City of Dallas but have not yet received a written document for this permit. They are asking for an endorcement from the City of Coppell and are attempting to make it a positive event. Mayor Pro Tem Thompson arrived during this discussion. Following further discussion Mayor Pro Tem Thompson moved that the City of Coppell protest the holding of the race in the form of a letter to the City of Dallas, and that the City Attorney be instructed to prepare this letter for the Mayor's signature. Councilman Ware seconded; motion carried unanimously with Mayor Pro Tem Thompson, Councilman Ware, Councilman Bailey, Councilman Pettijohn and Councilman Smothermon voting in favor of the motion. Item 4: Discussion and consideration of a request for a Land Use Classification as required by Section 37 of the City of Coppell Comprehensive Zoning Ordinance. Administrative Assistant Vivyon Bowman made the presentation to the Council. He stated that the current ordinance stipulates that when there is any use that is not classified within our ordinances the Council is required to make a determination on the particular zoning that use falls within. Mr. Jerry Malzahn has requested a landscaping contractors yard to be allowed within the "Light Industrial" zoning classification. Following discussion on this item Mayor Pro Tem Thompson moved that the classification of contractors landscaping yard be incorporated into the "Light Industrial" zoning. Councilman Smothermon seconded; motion carried unanimously with Mayor Pro Tem Thompson, Councilman Ware, Councilman Bailey, Councilman Pettijohn and Councilman Smothermon voting in favor of the motion. Item 5: Discussion and consideration of a request by NWC Sandy Lake/MacArthur Joint Venture for a time extension of a Specific Use Permit for a grocery store on property located on the northwest corner of Sandy Lake Road and MacArthur Boulevard. Mr. Doug Grant of Henry S. Miller made the presentation to the Council. He stated that their plans are being held up at this point because of the fact that they have not received a definite commitment from the Kroger Company, and as a result they are asking for a six month extension on the "Specific Use Permit". Following discussion on this item Councilman Ware moved the the "Specific Use Permit" be extended for six month time frame. Councilman Pettijohn seconded; motion carried unanimously with Mayor Pro Tem Thompson, Council Ware, Councilman Bailey, Councilman PettiJohn and Councilman Smothermon voting in favor of the motion. Item 6: Discussion and consideration of a request by Auburn Development to delay construction of a screening fence along DeForest Road until street improvements (DeForest Road) are complete and accepted by the City. Mr. Roland Wright made the presentation to the Council. He stated that they are asking for a delay on construction of the masonry screening wall on the north side of their development which is the south side of DeForest Road. The reason for this request is the elevation differences between their property and DeForest Road and the anticipated con- struction and improvements to this road within the near future. Follow- ing discussion on this item Mayor Pro Tem Thompson moved that the delay in the construction of the masonry wall be approved with the stipulation that construction on the wall would begin within sixty days of City notification to Auburn Development Company and to be completed within one-hundred-eighty days after City notification has been received, and that an irrevocable letter of credit in the amount of the cost of the construction of the wall be escrowed with the City. Councilman Bailey seconded; motion carried unanimously with Mayor Pro Tem Thompson, Councilman Ware, Councilman Bailey, Councilman PettiJohn and Councilman Smothermon voting in favor of the motion. CONTRACTS AND AGREEMENTS Item 7: Consider approval of an agreement with Dallas County for maintenance/improvement of City streets by the County and authorizing the mayor to sign. City Manager Frank A. Proctor, Jr. made the presentation to the Council. He stated that this is an on-going contract and is one that is renewed annually in order for the County to assist the City in mainte- nance/improvement of City streets. Councilman Pettijohn moved that this agreement be approved and that the Mayor be authorized to sign. Councilman Smothermon seconded; motion carried unanimously with Mayor Pro Tem Thompson, Councilman Ware, Councilman Bailey, Councilman PettiJohn and Councilman Smothermon voting in favor of the motion. BIDS Item 8: Consider awarding of a contract for bids taken for the installation of signalization at the intersection of Sandy Lake Road and Denton Tap Road and authorizing the mayor to sign. City Consultant Engineer, Wayne Ginn made the presentation to the Council. He stated that bids were opened on February 20, 1986 with the low bidder being Billy Ray Newsom's Company, Inc. in the amount of $83,766.85. It is his recommendation that this bid be approved by the Council. The average anticipated cost of each intersection included in the bond program was $75,000.00, therefore, this amount represents an overrun of $8,766.85 for this one project. Following discussion on this item Councilman Smothermon moved that the recommendation of the Consult- ing Engineer be approved with the bid being awarded to Billy Ray Newsom Company, Inc. in the amount of $83,766.85 and that the Mayor be au- thorized to sign the contract. Councilman Bailey seconded; motion carried unanimously with Mayor Pro Tem Thompson, Councilman Ware, Councilman Bailey, Councilman PettiJohn and Councilman Smothermon voting in favor of the motion. Item 9: Consider awarding of a contract for bids received for the materials and labor for the Pump Station improvement and authorizing the mayor to sign. Consulting Engineer, Wayne Ginn also made this presentation to the council. Again bids were opened on February 20, 1986 with the low bid being Onyx Construction Company in the amount of $45,960.00 which does represent a lower amount than was anticipated in the bond project. Following discussion Councilman Smothermon moved that the bid be awarded as recommended to Onyx Construction Company in the amount of $45,960.00. Councilman PettiJohn seconded; motion carried unanimously withMayor Pro Tem Thompson, Councilman Ware, Councilman Bailey, Councilman PettiJohn and Councilman Smothermon voting in favor of the motion. ORDINANCES AND RESOLUTIONS Item i0: Consider approval of a resolutiont~upporting an anti-crime package to be presented to the 70 Session of the Texas Legislature which will convene in January, 1987 and authorizing the mayor to sign. City Manager Frank A. Proctor, Jr. made the presentation to the Council. He stated that this resolution is to get the attention of legislatures to inform them of the concern of the growing crime rate all over the Country. Following discussion Councilman Bailey moved that this Resolu- tion No. 031186.1 be approved and that the Mayor be authorized to sign. Councilman Smothermon seconded; motion carried unanimously with Mayor Pro Tem Thompson, Councilman Ware, Councilman Bailey, Councilman PettiJohn and Councilman Smothermon voting in favor of the motion. Item I1: Consider approval of a resolution declaring Saturday, March 15, 1986 as "Coppell Child Safety Day" and authorizing the mayor to sign. Mayor Duggan made this presentation to the Council. He indicated that this is a positive event for the City of Coppell and encouraged parents to participate. Following discussion Councilman Ware moved that this Resolution No. 031186.2 be approved and that the Mayor be authorized to sign. Councilman Pettijohu seconded; motion carried unanimously with Mayor Pro Tem Thompson, Councilman Ware, Councilman Bailey, Councilman PettiJohn and Councilman Smothermon voting in favor of the motion. Item llA: Consider approval of a resolution to exercise the option to purchase the property on Phase II for the City Park, authorizing the Mayor to sign the resolution, and execute any documents or contracts on behalf of the City. -'~ Mr Larry Hartshorn made the presentation to the Council. He stated that this is one of the last steps in the acquisition of the Phase II pur- chase of property for the City Park. Following discussion on this item Councilman Bailey moved that this Resolution No. 031186.3 be approved and that the Mayor be authorized to sign. Mayor Pro Tem Thompson seconded; motion carried unanimously with Mayor Pro Tem Thompson, Councilman Ware, Councilman Bailey, Councilman PettiJohn and Councilman Smothermon voting in favor of the motion. PUBLIC HEARINGS Item 12: Consideration of revisions to amendments to the City of Coppell Comprehensive Zoning Ordinance. Administrative Assistant Vivyon Bowman and City Attorney Larry Jackson made the presentation to the Council. It was stated that this item is being considered to re-define and clarify Section 29 concerning changing the terms of "Specific Use Permit" to "Special Use Permit" and to require that only a "Temporary Specific Use Permit" come back before the Council for a time extension. 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. Again there were none. The public hearing was declared closed. Following discussion Councilman Bailey moved that these amendments be approved. Mayor Pro Tem Thompson seconded, motion carried unanimously with Mayor Pro Tem Thompson, Councilman Ware, Councilman Bailey, Councilman PettiJohn and Councilman Smothermon voting in favor of the motion. Item'13: Zoning Application #85-10-21.5 to consider approval of a zoning change request for Boardwalk Croup from "SF-12" Single Family-12 to "PD-R" Planned Development - Retail on property described as the western tract located at the northwest corner of Sandy Lake Road and Lodge Road. Date of Planning & Zoning - January 16, 1986 Reco~anendation of Planning & Zoning - Denial by a vote of 3-2 Mr. Mark Johns representing Boardwalk Group was recognized by the Mayor and requested that this item be withdrawn at this time. He stated that they will be resubmitting with some changes in the proposal. Mayor Duggan indicated this item was withdrawn from consideration. Item 14: Zoning Application #85-12-13 to consider approval of a zoning change request by Connell/Skaggs Addition from "C" Commercial to "C"- S.U.P. Commercial with a Specific Uss Permit for a grocery store on property located at the northwest corner of Sandy Lake Road and Denton Tap Road. Date of Planning & Zoning - January 16, 1986 Recommendation of Planning & Zoning - Approval Mr. Jim Koch made the presentation to the Council. He stated that the entire development is for a Skaggs grocery store with an Exxon service station and car wash to be located on this property. This item pertains strictly to the request for a zoning change for the grocery store. Mayor Dnggan 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. Again there were none. ~he public hearing was then declared closed. Questions by the Council were discussed concerning the drainage on the property to the north. City Engineer Ed Powell stated that this problem would be worked out at the platting stage and that the plat would not be brought before the Council prior to resolution of this item. Following discussion on this item Councilman Bailey moved that the zoning application be approved with the stipulation that there be no outside storage which is to include grocery carts that the dumpsters be screened and that the loading and unloading docks be screened from major streets. Councilman Ware seconded; motion carried unanimously with Mayor Pro Tem Thompson, Councilman Ware, Councilman Bailey, Council Pettijohn and Councilman Smothermon voting in favor of the motion. Item 15: Zoning Application #85-12-13.1 to consider approval of a zoning change request from Connell/Skaggs Addition from "C" Commercial to "C"-S.U.P. Commercial with Specific Use Permit for a gasoline station on property generally located at the northwest corner of Sandy Lake Road and Denton Tap Road. Date of Planning & Zoning - January 16, 1986 Recommendation of Planning & Zoning - Approval Mr. Jim Koch again made the presentation to the Council. This request is for the Exxon service station to be located at the south-east corner of the overall Connell/Skaggs Development. Mayor Duggan declared the public hearing open and asked for those persons who wished to speak for the proposed change. There were none. He then asked for those persons who wished to speak against the proposed change. Again there were none. The public hearing was declared closed. Following discussion on this item Mayor Pro Tem Thompson moved that this zoning application be approved. Councilman Bailey seconded; motion carried 3-2 with Mayor Pro Tem Thompson, Councilman Bailey, Councilman PettiJohn voting in favor of the motion and Councilman Ware and Councilman Smothermon voting against. Item 16: Zoning Application #86-01-24 to consider approval of a zoning change of Connell Skaggs Addition from "C" Commercial to "C" - S.U.P. Commercial with a Specific Use Permit for a car wash on property located at the northwest corner of Sandy Lake Road and Denton Tap Road. Date of Planning & Zoning - February 20, 1986 Recommendation of Planning & Zoning - Approval Mr. Jim Koch also made this presentation to the Council. This would be a fully automated car wash to be located adjacent to the Exxon station at the south-east corner of the Connell/Skaggs Development. Mayor Duggan declared the public hearing open and asked for those persons who wished to speak against the proposed change. Those persons speaking were Mr. Larry Hartshorn who indicated concern with the drainage of the water from the car wash. Mr. Dean Wilkerson who indicated he did not feel the need for another car wash within the City. Mayor Duggan then asked for those persons who wished to speak for the proposed change. There were none. The public hearing was then declared closed. Follow- ing discussion on this item Councilman Ware moved that this item be approved with the stipulation that the car wash be a fully automatic operation to be located at the service station site, and that the water from the car wash be routed into the storm sewer that is to be con- structed at Denton Tap/Sandy Lake Road intersection and approval be given by the City Engineer. Councilman Smothermon seconded; motion carried unanimously with Mayor Pro Tem Thompson, Councilman Ware, Councilman Bailey, Councilman Pettijohn and Councilman Smothermon voting in favor of the motion. PLATTING ACTIONS - PRELIMINARY Item 17: Plat Application ~86-01-13 to consider approval of a preliminary plat for DTC Business Center on property located on the west side of Denton Tap Road, south of Sandy Lake Road and north of Bethel School Road. Date of Planning & Zoning - February 20, 1986 Recommendation of Planning & Zoning - Approval with stipulation that some consideration be given to making Commerce Street a through street. Mr. John Levitt made the presentation to the Council. He indicated that his firm had responded to all engineer's comments and made corrections as needed. City Engineer, Ed Powell indicated that they are requesting that the developer give the right-of-way at the northern edge of this property to the City in fee simple with reverter clause for the property to revert back to the adjoining property owners as such time as the road is constructed as a through street. Following discussion on this item Mayor Pro Tem Thompson moved that this plat be approved with the rec- ommendation of the City Engineer, Councilman Bailey seconded; motion carried unanimously with Mayor Pro Tem Thompson, Councilman Ware, Councilman Bailey, Councilman PettiJohn and Councilman Smothermon voting in favor of the motion. PLATTING ACTIONS - FINAL Item 18: Plat Application #86-01-20.2 to consider approval of a final plat for Villages of Coppell, Phase II on property located north of proposed MacArthur Boulevard, east of Raintree Village Subdivision and west of proposed Allen Road in the Lakes of Coppell Subdivision. Date of Planning & Zoning - February 20, 1986 Recommendation of Planning & Zoning - Approval Mr. Nathan Maier made the presentation to the Council. He indicated this plat is the same as had been brought previously before the Council but with the addition of alleys behind all of the lots. Following dis- cussion Councilman Ware moved that this plat be approved. Councilman Bailey seconded; motion carried 4-1 with Mayor Pro Tem Thompson, Councilman Ware, Councilman Bailey and Councilman Smothermon voting in favor of the motion and Councilman PettiJohn voting against the motion. Item 19: Plat Application ~85-11-20 to consider approval of a final plat ,_, for Riverview Plaza on property located on the north side of Coppell Road, 850 ft. east of State Highway 121. Date of Planning & Zoning - December 19, 1985 Recommendation of Planning & Zoning - Approval Mr. Gary Sanford made the presentation to the Council. He stated that this plat complies in all aspects with City Ordinances. Following discussion Councilman Bailey moved that this plat be approved with the stipulation of fees being paid. Councilman PettiJohn seconded; motion carried unanimously with Mayor Pro Tem Thompson, Councilman Ware, Councilman Bailey, Councilman PettiJohn and Councilman Smothermon voting in favor of the motion. STAFF REQUESTS Item 20: Consider approval for the purchase of Coppell City Flags (cloth) and Coppell lapel pins. City Manager, Frank A. Proctor, Jr. made the presentation to the Coun- cil. He stated the City has received a quote from Century Associates to purchase 1,000 lapel pins at $ .95 each for a total cost of $950.00. A pre-production sample charge of $40.00 will be charged which would be rebated with the placement of the first order. These pins would be paid for from the Mayor and Council budget and are anticipated to be sold for $2.00 each to the general public but would be furnished to all City employees, as well as those visitors such as the Japanese delegation that visit the City. Following discussion on this item Councilman Bailey moved that the City purchase 1,000 lapel pins, that they be sold to the general public at $2.00 each, and that they be given to all City employees, and that they be kept on hand as souvenirs to visitors, such as the Japanese delegation to the City of Coppell. Mayor Pro Tem Thompson seconded; motion carried unanimously with Mayor Pro Tem Thompson, Councilman Ware, Councilman Bailey, Councilman Pettijohn and Councilman Smothermon voting in favor of the motion. City Manager Frank A. Proctor, Jr. then presented to the Council a request for the purchase of twenty 4 X 6 foot flags at a cost of $47.50 each from the ABC Flag Company of Fort Worth. There is no setup charge on this quote. Following discussion on this item Mayor Pro Tem Thompson moved that the 20 flags be purchased for a total cost of $950.00. Councilman Smothermon seconded; motion carried unanimously with Mayor Pro Tem Thompson, Councilman Ware, Councilman Bailey, Councilman Pettijohn and Councilman Smothermon voting in favor of the motion. OTHER BUSINESS Item 21: Consider approval of minutes: January 7, 1986 February 3, 1986 February 11, 1986 February 18, 1986 Councilman Smothermon moved that the minutes of the previous meetings as stated above be approved. Councilman Bailey seconded; motion carried unanimously with Mayor Pro Tem Thompson, Councilman Ware, Councilman Bailey, Councilman PettiJohn and Councilman Smothermon voting in favor of the motion. EXECUTIVE SESSION Item 22: Article 6252-17, Section 2 (e) discussion with City Attorney. Item 23: Article 6252-17, Section 2 (g) discussion concerning personnel. Se meeting was then closed for an executive session allowed under the ~-~ two above stated articles. Following the execut~e session the meeting was declared open to the p~lic. PUBLIC SESSION (Open to the public) Item 24: Consider action based on items discussed in the Executive Session. There was no action to be tarn on this item at this time. ne meeting was then adjourned. ATTEST: MINITS 031186