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CM 1986-03-25 Minutes of March 25, 1986 The City Council of the City of Coppell met in regular called session on Tuesday, March 25, 1986 at 7:30 p.m. in the Coppell High School Administration 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 Attorney Larry Jackson, City Engineer Ed Powell, Consulting Engineer Wayne Ginn and City Secretary Dorothy Timmons. The meeting was called to order and everyone asked to stand while Councilman Pettijohn gave the invocation. Mayor Duggan informed the Council that there will be schedule change from the published agenda and he wished to make an amendment. He announced that there were representatives from the County and informed Mr. Bryan that as soon as Mayor Pro Tem Thompson arrived that Item 16 would be brought forward. Mayor Duggan then addressed the citizens in attendance that the public hearing, Item No. 2, is limited to fifteen minutes. Individual remarks are limited to one minute and the subject of discussion can not be items on the agenda because it will be discussed as an agenda item. He then asked for anyone wishing to speak at that time, to please sign their name before speaking. MAYOR'S REPORT Item 1: Mayor's Report A. Mayor Duggan addressed the community of the election process currently taking place in Coppell. Mayor Duggan stated that he felt Coppell had the best group of candidates running for election but would like the candidates to respect each other. He has been informed that there were numberous rumors going around in the community about the candidates, and stated that they are wrong, inconsiderate and mostly lies. He stated that if it does not have credibility, if it is not an accurate source or germain to public office, it does not belong in the election process. He encouraged the citizens of the community to evaluate their candidates on their experience, on their record and their sincereity to serve this community, and their ability to serve in public office. B. Mayor Duggan informed the Councilmembers that there will be a special Council meeting on March 31, 1986. It will be the second public hearing on the Lewisville Land and ETJ and tonight is the first. The meeting will be held at the First Coppell Bank Board room. C. Mayor Duggan informed the Council that Ftori's Restaurant new in Coppell has asked for a "Specific Use Permit" for a private club. Under the present ordinance of the City of Coppell under "Specific Use Permit" liquor by the drink is allowed in a private club. Fiori's Restaurant is applying for an application for that purpose. This request' will begin the process through the City process. It will go before the Planning & Zoning Co~nission because of a specific type of zoning and then come before the City Council. Mayor Duggan stated as Mayor he will ask the Planning & Zoning Com~nission and the City Council to deny the request. If this comes forward, it needs to come forward in a format that allows popular public referendum. He stated that the community needs to address this issue in a plannned well organized way to allow the citizens to have free access to that decision, and will ask the Planning & Zoning Commission and the Council to honor that request. D. Mayor Duggan then asked Councilman Smothermon to give an update on the developments of the Economic & Development Board that he and Councilman Pettijohn have been involved in the past week. Councilman Smothermon reported that he and Councilman Pettijohn had the priviledge of giving a tour of Coppell to a representative from a Korean Electronics Firm interested in establishing an assembly plant in the City of Coppetl. The firm was very impressed with Coppell and within the next ninety days their corporate people from Seoul would be here to visit the City of Coppell as Coppell, is a primary consideration for the location of this plant. The plant will occupy approximately twelve acres in the "Light Industrial" area and is projected to employee 800 people. Item 2: Consider citizens who wish to speak before the City Council. Mayor Duggan then asked for those persons wishing to speak before the Council. Mr. Ray Warren expressed his discontent with certain Councilmembers. Mayor Duggan recognized the arrival of Mayor Pro Tem Thompson, therefore, they would address Item No. 16 from the agenda at this time. {See Item 16). ,.~ P~QUESTS AND PRESENTATIONS Item 3: Discussion and consideration of a request for a variance from the Metal Building ordinance for a temporary education facility for the Coppell First United Methodist Church. Mr. Phil Mercer made the presentation to the Council. Mr. Mercer is the Conference Director of Church Growth & Development for the North Texas Conference Methodist Church. Mr. Mercer was asking for a variance for a temporary education' facility for the First Coppell United Methodist Church. Mr. Mercer stated that the temporary building would be divided into two rooms for Sunday School classrooms which would measure 14 X 42 feet for a period of eighteen months. Mr. Mercer stated that this temporary building would not be seen from the road because of six foot fences adjacent to the residential area behind the church where the building will be placed. There also would be landscaping to block the view from the roads. Councilman Pettijohn stated that he had spoken with one of the homeowners directly involved and stated that they had no objection of this temporary building. Randy Gross, Trustee for the First United Methodist Church of Coppell and head of ,the Building Committee, stated that plans are being drawn up for preliminary plans for a permanent structure to replace the temporary building withim eighteen months. Following further discussion Councilman Pettijohn made the ~-~ motion to grant a variance to the First United Methodist Church of Coppell for a period of eighteen months. Councilman Smothermon seconded; motion carried 4-1 with Councilman PettiJohn, Councilman Smothermon, Councilman Ware and Councilman Bailey voting for the motion, and Mayor Pro Tem Thompson voting against the motion. Item 4: Discussion and consideration of a request by General Homes for reimbursement of Developer Fees. Mr. Sam Wise representative of General Homes made the presentation to the Council. Mr. Wise stated that the City staff assessed a schedule of fees upon building of homes in the subdivision. He stated that there were a number of fees assessed that they have paid, which have no official sanction of the City Council and they are seeking credit of those fees to their future homebuilding activites, or in the case of certain developement fees that have been assessed against their subdivision an acknowledgement from City Council that those development fees are not applicable to their subdivision and need not be paid. Following further discussion Councilman Smothermon moved that this item be tabled to April 22, 1986 at which time City Attorney, Larry Jackson will present a review of pertinent information available. Councilman PettiJohn seconded; motion carried unanimously with Mayor Pro Tem Thompson, Councilman Ware, Councilman Bailey, Councilman Pettijohn and Councilman Smothermon voting for the motion. ORDINANCES AND RESOLUTIONS Item 5: Consider approval of an ordinance updating/amending the National Electrical Code. City Engineer Ed Powell made the presentation to the Council. He is recommending that the National Electrical Code 1984 edition as amended be adopted. Following discussion Councilman Ware moved that the recommendation of the City Engineer be approved and that Ordinance No. 86-351 be approved. 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. Item 6: Consider approval of an ordinance regulating child care centers. Police Chief Tom Griffin and Councilman Bailey made the prsentation to the Council. Discussion included questions as to the inclusion of program's typically called "Mother's Day Out" as well as the exclusion of Sunday School Nurseries. Mayor Duggan recognized Mrs. Judy Schnault from the audience who expressed serious concerns with the approval of this ordinance. Following discussion Councilman Ware moved that the ordinance be tabled at this time in order for it to be r~viewed and patterned more closely to state law. Councilman Smothermon seconded; motion carried unanimously- with Mayor Pro Tem Thompson, Councilman Bailey, Councilman Ware, Councilman PettiJohn and Counc~]m-n Smothermon voting in favor of the motion. Item 7: Consider approval of a Park & Recreation Ordinance. Mrs. Powell Vale Co-Chairman of the Park Board and City Attorney Larry Jackson made this presentation to the Council. It is the recommendation of the City Attorney that Section 9113P be changed to designate the hours each particular park is closed to the public as well as requiring the posting of signs in conspicuous places ~o give notice of such closure. City Attorney Larry Jackson also recommnends that Section 9115 be amended to make it clear that neither the director, park attendents, nor the police may physically eject someone from the park. These persons should have the authority to order a person in violation of the ordinance to leave the park, but if the person refuses then a peace officer should make the proper arrest. Finally Section 9116 the City Attorney is recommending that this section be amended to eliminate all provisions except the one concerning liability for physical damage to park property. The othr matters in this paragraph would be covered by the standard penalty provision. Following discussion on this item Mayor Pro Tem Thompson moved that this Ordinance No. 86-352 be approved as amended by the City Attorney with the exception of Section 9113P which shall remain as originally presented. Councilman Bailey seconded; motion carried unanimously with Mayor Pro Tem Thompson, Councilman Bailey, Councilman Ware, Councilman Pettijohn and Councilman Smothermon voting in favor of the motion. PROCLAMATION Item 8: Discussion and consideration of a proclamation declaring April 1986 as "W.T. Cozby Public Library Awareness Month". Following discussion on this item Councilman Ware moved that this proclamation by approved. Councilman Bailey seconded; motion carried unanimously with Mayor Pro Tem Thompson, Councilman Bailey, Councilman Ware, Councilman Pettijohn and Councilman Smothermon voting in favor of the motion. PUBLIC HEARINGS Item 9: Public hearing to consider annexation of 46.592 acres of land located north of Denton Creek and east of Denton Tap Road. Mayor Duggan declared the public hearing open and asked for those persons who wished to speak for the proposed annexation. There were none. He then asked for those persons who wished to speak against the proposed annexation. Again there were none. The public hearing was then declared closed. A second hearing has been scheduled for Monday, March 31, I986 at 7:30 p.m. in the First Coppell Bank Conference Room. Item 10: Zoning Application #86-02-07 - to consider a zoning change request for Independent Hamburger Shop from "C" Commercial to "C-S.U.P." Commercial with a Special Use Permit for a restaurant use on property located on the northeast corner of Denton Tap and Braewood Drive in Braewood Retail Center. Date of Planning & Zoning Meeting - February 20, 1986 Recommendation of Planning & Zoning - Approval Mr. Leslie Wood made the presentation to the Council. This applicant ia requesting a zoning change for a "Specific Use Permit" for a restaurant. Mayor Duggan then 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 against the proposed change. Again there were none. The public hearing was then declared closed. Following discussion Councilman Smothermon moved that this zoning change request be approved for the zoning classification that exists to date with "Specific Use Permit" for the restaurant. Councilman Bailey seconded; motion carried unanimously with Mayor Pro Tem Thompson, Councilman Bailey, Councilman Ware, Councilman Pettijohn and Councilman Smothermon voting in favor of the motion. Item 11: Zoning Application #86-02-04 - to consider approval of zoning change at the request of Fiori's Restaurant from "C" Commercial to "C-S.U.P." Commercial with a Special Use Permit for a restaurant use on property located at the southeast corner of Denton Tap Road and Sandy Lake Road in Towne Oak Center. Date of Planning & Zoning Meeting - February 20, 1986 Recommendation of Planning & Zoning - Approval Mr. Norm Kruger made the presentation to the Council. He is requesting a "Specific Use Permit" for a restaurant in the Towne Oaks Shopping Center. 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 then declared closed. Following discussion Councilman PettiJohn moved that this zoning change be approved for the zoning classification that exists to date with a "Specific Use Permit" for a restaurant. Councilman Bailey seconded; motion carried unanimously with Mayor Pro Tem Thompson, Councilman Bailey, Councilman Ware, Councilman PettiJohn and Councilman Smothermon voting in favor of the motion. PLATTING ACTIONS - FINAL Item 12: Plat Application #86-01-20 - to consider approval of a final plat for Coppell Road Business Park on property located on the east side of Coppell Road, 500 feet north of Bethel Road. Date of Planning & Zoning Meeting - February 20, 1986 Reco~mmendation of Planning & Zoning - Approval Following discussion on this item Councilman Ware moved that this plat be approved subject to the payment of fees. Conncilman Bailey seconded; motion carried unanimously with Mayor Pro Tem Thompson, Councilman Bailey, Councilman Ware, Councilman PettiJohn and Councilman Smothermon voting in favor of the motion. STAFF REPORTS AND REQUESTS Item 13: Discussion and consideration of staff recommendation on the 2.2 acres located at the Coppell Town Center. City Manager Frank A. Proctor, Jr. made the presentation to the Council. Following discussion on this item it was the consensus of the Council that a work session would be scheduled to further discuss this item. Item 14: Discussion and consideration of approval of plans for the realignment to the Beltline/Denton Tap/Southwestern Boulevard intersection. City Consulting Engineer Wayne Ginn made the presentation to the Council. Mr. Ginn stated that in reviewing plans for this intersecton they have found that no dedication of right-of-way from the railroad exists at this point. Mr. Jerry Baumback of St. Louis Southwestern Railway Company was present in the mudience and indicated that he felt the railroad could not agree to the dedication of right-of-way needed for a six-lane road. Mr. Jim Necce representing the Dairy Queen located at the northwest corner of this intersection was present as well as Mr. A1 Rodgers representing Mobile Oil Company at the northeast corner, Mr. J.W. Whitehead and Mr. Frank Mustermann also property o~rners at this intersection were present for the hearing on this item. Following discussion Councilman Smothermon moved that a 90 degree intersection be approved for construction. Councilman B~]ey seconded; motion carried unanimously with Mayor Pro Tem Thompson, Councilman Bailey, Councilman Ware, Councilman Pettijohn and Councilman Smothermon voting in favor of the motion. Item 15: Discussion and consideration of status report on the construction of the cul-de-sac at Warren Drive. City Engineer Ed Powetl made the presentation on this item. He indicated that Triland has stated that they are progressing on the construction of this cul-de-sac and are anticipating that construction should begin by the end of April, 1986. No action was required on this item. Item 16: Presentation by Dallas County, discussion, and consideration of cost estimates on the proposed relocation of Beltline Road Mr. J.W. Bryan made the presentation to the Council. He stated that at the February 3rd Council meeting he presented a recommendation to the Council that the Council authorize the Dallas County Public Works ~'~ Department to proceed with preliminary engineering to ascertain the alignment process an alternate alignment between Moore Road and what is called the west overflow swell of the flood plain. The Comsnissioners Court authorized on March 10, 1986 Wayne Ginn, Inc. to study this alignment from east of Moore Road to the overflow swell. In addition, Mr. Ginn has prepared cost estimates for two alternative alignments and the existing alignment of Beltline Road in that particular stretch. The cost estimates were indicated on each one of the alignments. Atlernate alignment No. 1 is an alignment deviating to the south starting at Moore Road and swinging south through the D.P. & L. property to the City of Dallas property and generally the alignment previously shown with the exception that it comes in east of Moore Road. The cost indicates a six lane divided thoroughfare at 3.4 million with a four-lane divided thoroughfare at 2.925 million dollars. The second alternate is an alignment from Mockingbird to the south to MacArthur and continuing on to the east. The cost estimate alignment utilizing some of the existing alignment is 3,750,000.00 for a six-lane divided thoroughfare and 3,380,000.00 for a four-lane. Along the exsiting alignment Ginn, Inc. estimated the cost for a six-lane thoroughfare at 4,380,000.00 and four-lane thoroughfare would be 3,760,000.00. To get the cost for the City of Coppell, including a bridge over the overflow on the first alternative alignment, six lanes would be 4,200,000.00 and four lanes would be 3,700,000.00. On the alternative alignment No. 2, six lanes would be 4,580,000.00, four lanes 4,060,000.00. On the existing ---~ alignment six lanes would be 5,930,000.00, four lanes would be 5,200,000.00. The cost differential between the existing alignment and alternative No. 1 is approximately 1,500,000.00 from Moore Road to the east City limits. For the overall project, from Moore Road to Interstate 35 in Carrollton, the estimated cost on the existing alignment is $11,072,000.00. for four-lane divided thoroughfare and six-lane bridges. On the alternative alignment in Coppell and Carrollton, the southern alignment the cost is $9,225,000.00 a total cost reduction on the project of $1,847,000.00 with 1.5 million of the cost reduction being in the City of Coppell. Mayor Duggan then asked for those persons wishing to speak in favor of the motion. There were none. He then asked for those persons wishing to speak against the motion. Mr. Phil Glasco of Terra Development Co. stated that he would like to see Beltline Road built as quickly and efficiently as possible~ He felt that with the realignment that would not be possible. Following a lengthy discussion Mr. Glasco stated that they felt the realignment would cost more and would not be safe. He felt that there were many safety hazards with the realignment of Beltline Road and it would be safer and less expensive to leave it in its present alignment. Mr. Johnny Thompson also addressed the Coxmcil and spoke against the realignment of Beltline Road. Mr. Doug , Spiker from Triland International also addressed the Council speaking in favor of the relocation of Beltline Road. Mr. Kirk ~all, addressing the Council, spoke against the realignment of Beltline. Speaking for the relocation was Mr. Blackwood. Being there were no additional landowners or developers who wished to speak, Mayor Duggan then read the motion that was made at the February 3, 1986 Council Meeting stating the following: The Coppe!l City Council moved to support the preliminary report for realignment of Beltline Road with the stipulations as follows: 1. The property on the north side of the railroad be brought out of the flood plain; 2. With the approval of the City of Dallas, D.P.& L. and Dallas County, the land on the north side of the D.P.& L. plant would be annexed into the City of Coppell; 3. The City of Irving would dis-annex land on the north side of the new Beltline Road, so it could be annexed into the City of Coppell; 4. Coppell would have control of the road as it would become our southern City Limit line in some areas; 5. The extension of the streets of Mockingbird, MacArthur, Ledbetter, Fairway, Moore and residential access roads to the new realigned road would be paid for by the developers involved and these roads would be raised out of the flood plain, and 6. Dallas County would be the catalyst to make those stipulations happen. Mayor Duggan then closed the public hearing. Following another lengthy discussion Mayor Pro Tem Thompson moved that the City accept the engineering and cost estimates for the realignment of Beltline Road with the consideration that the City and the County in joint participation; I. Meet with D.P.& L.; 2. Meet with the City of Irving; and 3. Meet with developers, considering developer participation and give the Council some sort of an answer within 90 days. Motion died for lack of a second. Councilman Smothermon then moved that the City of Coppell direct the County that the City of Coppell would like Beltline Road built in its present alignment and that the City of Coppell take Mr. Glasco's offer to be assessed for his participation on Beltline Road. Councilman Pettijohn seconded; motion carried 3-2 with Councilman Ware, Councilman Pettijohn and Councilman Smothermon voting for the motion and Mayor Pro Tem Thompson and Councilman Bailey voting against the motion. After a short break Mayor Duggan informed the Council that the vote of the Council had been contested because of the way it appeared on the agenda. The agenda read "Discussion of Cost Estimates on the proposed relocation of Beltline Road." As a result, the Council has scheduled a meeting for March 31, 1986 in Special Session. The item will be placed on the agenda for that night with the correct language drafted by City Attorney Larry Jackson, and the Council will vote again but will not go through the hearing process. The vote was contested by Mr. Blackwood who was in favor of moving of the road. Item 17: Consider changing the official newspaper from the weekly edition (Community Close-Up) of the Dallas Times Herald to the daily edition of a legal newspaper. Those newspapers making presentations for Council consideration were Mr. Carl Spatz of the Times Chronicle with a cost of $ .40 per line and publication dates of Wednesday, Friday and Sunday. Next, Mr. Doug Gaines of the Dallas Morning News with rates ranging from $43.99 to $63.65 and daily publications. Mrs. Jean Murph of the Citizen's Advocate with a cost $3.35 per column inch and weekly Friday publications. Mrs. Murph indicated that they only need one days time for publications. Information received by Wednesday nigh could be published for the Friday publication. Following discussion on this item Councilman Smothermon moved that the Citizen's Advocate be authorized as the officicial City newspaper for Coppell. Councilman PettiJohn seconded; motion carried 4-2 with Councilman Ware, Councilman Eailey, Councilman Pettijohn and Councilman Smothermon voting in favor of the motion and Mayor Pro Tem Thompson voting against the motion. OTHER BUSINESS Item 18: Consider approval of minutes: January 14, 1986 January 21, 1986 January 28, 1986 February 25, 1986 March 11, 1986 Councilman Smothermon moved that the minutes as stated above be approved. Councilman Bailey seconded; motion carried unanimously with Mayor Pro Tem Thompson, Councilman Bailey, Councilman Ware, Councilman Pettijohn and Councilman Smothermon voting in favor of the motion. Item 19: Approval of departmental bills. Councilman Ware moved that the bill to Maxium Engineers Incorporated in the amount of $9,353.50 be approved. Mayor Pro Tem Thompson seconded; motion carried 4-1 with Mayor Pro Tem Thomspson, Councilman Ware, Councilman Bailey and Councilman Smothermon voting in favor of the motion. Councilman Pettijohn voting against the motion. CONTRACTS Item 20: Discussion and consideration of awarding Change Order No. 1 for the miscellaneous water mains project to include the -'~ addition of twenty-eight 3/4" long water services and twenty-four 3/4" short water services at a total cost of $16,680.00 and authorizing the Mayor to sign. City Engineer Ed Powell made the presentation to the Council. He stated that this change order is for a cost of $16,680.00 for stubbing of the water lines into the individuals homes. Following discussion Councilman Pettijohn moved that this change order be approved and the Mayor be authorized to sign. Councilman Smothermon seconded and motion carried unanimously with Mayor Pro Tem Thompson, Councilman Bailey, Councilman Ware, Councilman Pettijohn and Council Smothermon voting in favor of' the motion. Item 2I: Review and consideration of contract comments by St. Louis Southwestern Railway on the MacArthur Boulevard Railroad Crossing. Mr. Dave Andrews of St. Louis Southwestern Railway has indicated three changes in the street crossing easement at MacArthur Boulevard. These changes include adding twenty percent to the $182,732~00 cost of installing the crossing as indicated in Item 12, Item 15 shall include the wording "Railroad shall use it's best efforts to complete its work herein described, by 3une 17, 1986." Item No. i6 The closing of both milepost 606.28 and the stable crossing at milepost 606.49 must be included. Following discussion on these changes Councilman Smothermon moved that this easement be approved with the changes as recou=aended by the railraod and the Mayor be authorized to sign. Mayor Pro Tem Thompson seconded; motion carried 4-1 with Mayor Pro Tem Thompson~ Councilman Bailey, Councilman Pettijohn and Councilman Smothermon voting in favor of the motion and Councilman Ware voting against the motion. Item 22: Discussion and consideration of contract with St. Paul Hospital on the paramedic program and authorizing the Mayor to sign. City Attorney Larry Jackson made the presentation to the Council. He stated that the contract is in legal form and includes all stipulations to protect the City. Following discussion Councilman Pettijohn moved that this contract be approved and the Mayor be authorized to sign. Councilman Smothermon seconded; motion carried 4-1 with Councilman Ware, Councilman Bailey, Councilman PettiJohn and Councilman Smothermon voting in favor of the motion and Mayor Pro Tem Thompson voting against the motion. ORDINANCES AND RESOLUTIONS Item 23: Discussion and consideration of a resolution calling for a public hearing on the Enhanced 911 funding and authorizing the Mayor to sign. City Attorney, Larry Jackson also made this presentation to the Council. Discussion was held concerning the fact that the City of Coppell presently has 911 service. Following discussion on this Resolution Mayor Pro Tem Thompson moved that Resolution No. 032586 be approved with the paragraph referring to the 911 service be stricken and a public hearing scheduled for April 22, 1986 and authorizing the Mayor to sign. Councilman Bailey seconded; motion carried unanimously with Mayor Pro Tem Thompson, Councilman Bailey, Councilman Ware, Councilman Pettijohn and Councilman Smothermon voting in favor of the motion. EXECL~IVE SESSION Item 24: Article 6252-17, Section 2 (e) discussion with City Attorney. Item 25: Article 6252-17, Section 2 (g) discussion concerning personnel. The meeting was then closed to the public for an executive session allowed under the two above stated articles. Following the executive session, the meeting was declared open to the public. PUBLIC SESSION Item 26: Consideration of six-month evaluation of City Manager and any other personnel action based on discussions held during the executive session. The item previously scheduled to be considered during the executive session has been tabled until March 31, 1986 special called Council meeting. There were no items to consider at this point. The meeting was then adjourned. ~-~L-~u ~Du g~ an', May6~'~ ATTEST: Dorothy Timmo~, Ci~ty Secretary MINITS 032585