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CM 1986-04-22 Minutes of April 22, 1986 The City Council of the City of Coppell met in regular called session on Tuesday, April 22, 1986 at 7:00 p.m. in the Coppell High School Administration Building. The following members were present: Lou Duggan, Mayor Dale Ware, Mayor Pro Tem ,--~ Dean Wilkerson, Councilman Tom Morton, Councilman Bill Smothermon, Councilman Jim Cowman, Councilman Mark Wolfe, Councilman Dan Stanton, Councilman Also present were City Manager Frank A. Proctor, Jr., City Secretary Dorothy Timmons and City Attorney Larry Jackson. Mayor Duggan called the meeting to order. EXECUTIVE SESSION (Closed to the public) Article 6252-17, Section 2 (e) discussion with City Attorney. Article 6252-17, Section 2 (g) discussion concerning personnel. The meeting was then closed to the public for an Executive Session as allowed under the two above stated articles. Following the Executive Session the meeting was declared open to the public. Mayor Duggan asked everyone to stand while Councilman Morton gave the invocation. MAYOR'S REPORT Item 1: Mayor's Report A. Mayor Duggan presented flowers to the City Secretary in recognition of Secretaries Week. Mayor Duggan also informed the Council that a budget work session would be held on Thursday May 1, 1986. CITIZEN'S APPEARANCES Item 2: Consider citizens who wish to speak before the City Council. There were no citizens who wished to speak at this time. REQUESTS AND PRESENTATIONS Item 3: Discussion and request by General Ho~es for the City to accept responsibilities for maintenance and replacement of a drainage ditch located adjacent to Parkwood II. Mr. Skip Hynek and Mr. Sam Wise made the presentation to the Council. It is their request that the City of Coppell draft a letter to the MUD Municipal Utility District, stating that the City will assume responsibility for the repair of the drainage channel and will do so in a timely matter so as not to delay construction of the Parkwood Phase III Development any longer. During discussion on this item it was determined that the MUD and not the City inspected this drainage channel. The channel was constructed in May of 1984 with completion and acceptance occuring in September, 1984. City Engineer Wayne Gtnn informed the Council that inspectors from Consulting Engineer Wayne Ginn's office indicated that problems had been discussed and made note of prior to the maintenance bond expiring in September of 1985. The question as to who's responsibility for the maintenance and replacement of the drainage ditch is what is being considered by the Council. The drainage ditch adjacent to Section I of the Parkwood Sub-division is an earthen channel with Section II with the drainage ditch adjacent to Section II being concrete with slope protection on approximately half of the channel. Mr. Sam Wise stated that he felt that excavation by other people rather than General Homes has been the cause of the erosion of this channel. He also stated that bids were taken for the Parkwood Phase II Section on February 26, 1986 with construction to begin shortly thereafter. However, permits have been refused to be issued by both the City and the Municipal Utility District until the problem concerning the drainage ditch repair and maintenance can he resolved. City Engineer Ed Powell indicated that from the City's as built plans it appears that the slope protection should have been built the entire length of the drainage ditch. Mr. Wise indicated that this was not the case as he had understood it. Following a lengthy discussion on this item Councilman Wolfe moved that the City allow General Homes to continue with construction of its Phase III property, that the City deny maintenance and responsibility for the drainage ditch as it was concluded that the damage was the result of factors outside the control of the City, that the City Attorney draft a letter to be forwarded to the Municipal Utility District and a study be made to determine the cause of the damage and where responsibility for the correction should be placed. Councilman Morton seconded; motion carried unanimously with Councilman Wilkerson, Mayor Pro Tem Ware, Councilman Morton, Councilman Smothermon, Councilman Cowman, Councilman Wolfe and Councilman Stanton voting in favor of the motion. CONTRACTS Item 4: Presentation and discussion of J.T. Dunkin Associates for the creation of a Master Plan for the City of Coppell, consideration of entering into a contract for a Master Plan and authorizing the Mayor to sign. Mr. J.T. Dunkin made the presentation to the Council. He is proposing an option on a five year capital improvements plan for $22,000.00 or a fifteen year capital improvements plan for an additional $6,000.00. During discussion on this item Mr. Dunkin indicated that he would not be working with any developers during the term that his firm is working on the master plan for the City of Coppell. Financing for this project would come out of the reserve fund. Following discussion on this item Councilman Wilkerson moved that the City approve the contract with J.T. Dunkin & Associates for a five year master plan project for the City of Coppell at a cost of $22,000.00 with the option to pay the entire cost at the completion of the project and authorize the Mayor to sign the contract. Councilman Smothermon seconded; motion carried 6-1 with Councilman Wilkerson, Mayor Pro Tem Ware, Councilman Morton, Councilman Smothermom, Councilman Wolfe and Councilman Stanton voting in favor of the motion and Councilman Cowman voting against the motion. Item 5: Consider approval of a contract with the North Texas Commission and authorizing the Mayor to sign. City Manager Frank A. Proctor, Jr. made the presentation to the Council. He stated that he had worked closely with North Texas Commission in the past and felt that this was a worthwhile project. Following discussion on this item Councilman Stanton moved that Councilman Jim Cowman be appointed as the City's representative to the North Texas Commission and the Mayor be authorized to sign the contract. Councilman Wolfe seconded; motion carried 4-3 with Councilman Morton, Counciman Cowman, Councilman Wolfs and Councilman Stanton voting in favor of the motion and Councilman Wilksrson, Mayor Pro Tem Ware and Councilman Smothermon voting against the motion. PUBLIC HEARINGS Item 6: Public hearing for the purpose of obtaining input from the public, consideration of contract with GTE to implement the E-911 emsrgency telephone servics within the City and authorizing the Mayor to sign. Prior to discussion on th~s item Councilman Cowman questioned the City Attorney as to possible conflict of interest since he is an employee of GTE. City Attorney Larry Jackson stated that there was no conflict of interest in this case. Mayor Duggan informed the Council that several meetings had been held prior to Councilman Cowman becoming a member of the Council and this item had been discussed at length during the past several months. A video slide outlining the aspects of this program was shown to the Councilmembers and citizens present. A fee of $ .92 per month would be added to each individual citizens telephone bill for the first three years with that price dropping to approximately $ .25 per month at the end of that time frame. This project has been completely indorced by the Police Department and Fire Department as well as the City Manager and his staff. Mrs. Barbara Carmen of GTE stated that there are certain clauses in the contract that are standard clauses that pertain to all 911 Contracts. Mayor Duggan declared the public hearing open and asked for those persons who wished to speak for the proposed implementation of Emergency 911 service within the City of Coppell. Those psrsons speaking were Mr. Walter PettiJohn, Mr. John Bailey and Mrs. Ellen Fugett. Mayor Duggan asked for those persons who wished to speak against ths proposed implementation. There wsre none. The public hearing was then declared closed. Following discussion on this item Councilman Smothermon moved that the City authorize the Mayor to sign a Letter of Intent for the implementation of the Emergency 911 services and that the City Attorney work with GTE to work out any concerns or problems with wording in the contract. Councilman Wolfe seconded; motion carried unanimously with Councilman Wilkerson, Mayor Pro Tem Ware, Councilman Morton, Councilman Smothermon, Councilman Cowman, Councilman Wolfe and Councilman Stanton voting in favor of the motion. Item 7: Zoning Application #86-03-24 To consider a Sign Variance request for Univest Development Company from Section 10-5-6 of the City of Coppell Sign Ordinance on properties located at the intersection of Highland Meadow Circle and Sandy Lake Road and the entrance of Park Meadow Addition and Parkway Boulsvard. Date of Planning and Zoning Meeting - April 17, 1986 Recommendation of Planning and Zoning - Approval 5-0 Mr. Chris Chisholm made the presentation to the Council. He indicated that both these sub-divisions have screening walls that have restricted sight and is requesting the placement of three to five flags depending on space availability to be located at the two sntrances to Park Meadow. One at main entrance and one on Parkview Lane and at a third location at Sandy Lake Road and Lodge Road. These flags would be located in the parkway adjacent to the walls and would be placed on flagpoles that are sighteen feet high. The request is for a temporary psrmit for a one year time frame. Mayor Duggan declared the public hearing open and asked for those persons who wished to speak for the proposed variance. There were none. He then asked for those persons who wished to speak against the proposed variance. Thsre were none. The public hearing was then declared closed. Following discussion on this item Mayor Pro Tem Ware moved that the variance be approved with a thirty day termination notice if the flags are not kept in good repair with the variance being allowed for a time frame for one year. Councilman Stanton seconded; motion carried 5-2 with Councilman Wilkerson, Mayor Pro Tem Ware, Councilman Cowman, Councilman Wolfe and Councilman Stanton voting in favor of the motion and Councilman Morton and Councilman Smothermon voting against the motion. Item 8: Zoning Application #86-03-24.5 To consider a Sign Variance request for Univest Development Company from Section 10-5-5 of the City of Coppell Sign Ordinance on properties located at four (4) locations: Denton Tap Road and Parkway Boulevard Sandy Lake Road and Moore Road Moore Road and Parkway Boulevard Park View Lane and Parkway Boulevard Date of Planning and Zoning Meeting - April 17, 1986 Recommendation of Planning and Zoning - Approval 4-1 Mr. Chris Chisholm also made this presentation to the Council. He stated that the City Regulations prohibit any display signs. His request is for a three day time frame on the weekend of May 4, 1986 and is requesting for placement of the signs at four locations on Friday, Saturday and Sunday of that weekend. Mayor Duggan declared the public hearing open and asked for those persons who wished to speak for the proposed variance. There were none. He then asked for those persons wishing to speak against the proposed variance. Those persons speaking were Mrs. Ellen Fugett, Mr. Carlos Palasiano. The public hearing was then declared closed. Following discussion on this item Councilman Smothermon moved that this request be denied. Councilman Morton seconded; motion carried 5-2 with Councilman Wilkerson, Mayor Pro Tem Ware, Councilman Morton, Councilman Smothermon and Councilman Stanton voting in favor of the motion and Councilman Cowman and Councilman Wolfe voting against the motion. Item 9: Zoning Application #86-02-14 To consider approval of a zoning change for Northlake Woodlands East from "SF-12" Single Family - 12 to "R" Retail on property located Northwest of Beltline Road and Mockingbird Lane. Date of Planning and Zoning Meeting - March 20, 1986 Recommendation of Planning and Zoning - Approval 2-1 Mr. A1 Wilkie and Mrs. Judy Parsons made the presentation to the Council. Mr. Wilkie indicated that the applicant will maintain a thirty-foot green space area on the northern boundry of the property in order to separate it from the residential area adjoining the property along the northern boundry. The applicant has changed the request to an office designation. 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. Those persons speaking were Mr. John Bailey, Mrs. Carol Orner, Mr. Carlos Palasiano and Bill Tinct. The public hearing was then declared closed. Following discussion by the Council and the amendment of application to a PD-(R) Councilman Smothermon moved that the application be approved as a PD-(R) Mayor Pro Tem Ware seconded; motion failed 2-5 with Councilman Smothermon and Mayor Pro Tem Ware voting in favor of the motion and Councilman Wilkerson, Councilman Morton, Councilman Cowman, Councilman Wolfe and Councilman Stanton voting against the motion, Following further discussion Councilman Wtlkerson moved that the application be denied without prejudice. Councilman Stanton seconded motion earried 5-2 with Councilman Wilkerson, Councilman Morton, Councilman Cowman, Councilman Wolfe and Councilman Stanton voting in favor of the motion and Mayor Pro Tem Ware and Councilman Smothermon voting against the motion. STAFF REQUESTS AND PRESENTATIONS Item 10: Consideration for approval of the construction plans for the new Coppell Service Center and authorization to advertise for bids. Mr. Dick Calvert made the presentation to the Council. He stated that his firm estimated the project cost at $573~997.00 in January. However, walls to the storage building have been added rather than it being an open storage area as well as including some equipment not previously included for a total estimate of $596,570.00. It is antipicated that the first part of May would be the bid date. During discussion Council directed comments concerning the location of the project as well as the amount of land located in the flood plain. It was indicated that there was less than 2 acres in this flood plain area. Following further discussion on this item Councilman Morton moved that the City advertise for bids for the construction of a service center. That approval for the construction plans as submitted be given with ail equipment being listed as alternates to a base bid. Councilman Smothermon seconded; motion carried 6-1 with Councilman Wilkersou, Mayor Pro Tem Ware, Councilman Morton, Councilman Smothermon, Councilman Wolfe and Councilman Stanton voting in favor of the motion and Councilman Cowman voting against the motion. OTHER BUSINESS Item 11: Discussion and consideration of staff recommendation on the 2.2 acres located at the Coppell Town Center. Due to this item not being ready at this point Councilman Cowman moved that this item be tabled to the May 13, 1986 Council meeting. Councilman Wilkerson seconded; motion carried unanimously with Councilman Wilkerson, Mayor Pro Tem Ware, Councilman Morton, Councilman Smothermon, Councilman Cowman, Councilman Wolfe and Councilman Stanton voting in favor of the motion. Item 12: Discussion with Mayor and City Attorney concerning Council procedures. Mayor Duggan informed the Council that he had set up six special study committees to work on areas of concern and consideration by the City. These include the MUD Absorption Committee to be composed of Mayor Pro Tem Ware, Councilman Wilkerson and Councilman Morton with staff members Paul Phy, Attorney for the MUD District and City Engineer Ed Powell and Finance Director Frank Trando. Second committee is the Private Club Ordinance Committee to be composed of Councilman Wolfe, Councilman Stanton, and Councilman Wilkerson with staff representatives of City Attorney Larry Jackson and representatives of the Ministers Council. The Beltline Road Construction Funding Committee will be composed of Councilman Cowman, Councilman Smothermon and Councilman Morton with staff members City Engineer Ed Powell and Consulting Engineer Wayne Ginn. The Land Annexation Committee to be composed of Councilman Cowman, Councilman Smothermon and Councilman Stanton with staff representatives of Planning and Zoning Chairman Ray Smedul, City Engineer Ed Powell and City Attorney Larry Jackson. The Streets & Transportation Committee to be composed of Mayor Pro Tem Ware, Councilman Wolfe and Councilman Smothermon with staff representatives of Planning and Zoning Chairman Ray Smedul, City Manager Frank A. Proctor, Jr. and City Engineer Ed Powell and the Budget Liaizon Co,maitres to be composed of Councilman Smothermon. It was the consensus of the Council that these committees be appointed to serve as needed. City Attorney Larry Jackson then reviewed the conflict of interest statute with Councilmembers. He informed the Council that this statute prohibits a Councilmember acting on an item when a conflict of interest is present and that an affidavit stating the conflict of interest is required to be filed prior to consideration by the Council of this item to be filed with the City Secretary. ~ Item 13: Consider designation of official NCTCOG voting representative, 1986-87. Following discussion on this item Councilman Wolfe moved that Councilman Morton be appointed as the City's voting representative for the 1986-87 year. Councilman Stanton seconded; motion carried unanimously with Councilman Wilkerson, Mayor Pro Tem Ware, Councilman Morton, Councilman Smothermon, Councilman Cowman, Councilman Wolfe and Councilman Stanton voting in favor of the motion. Item 14: Discussion concerning water system analysis for the City of Coppell. This item was deleted from the Council Agenda at this point. Item 15: Consider action based on items discussed in the Executive Session. There was no business to discuss under this item. Item 16: Consider appointments to fill vacancies on the Economic Development Board. Following discussion Councilman Cowman moved that John Bailey and Peyton _.~ Weaver be appointed to fill the vacancies on this Board. Mayor Pro Tem Ware seconded; motion carried unanimously with Councilman Wilkerson, Mayor Pro Tem Ware, Councilman Morton, Councilman Smothermon, Councilman Cowman, Councilman Wolfe and Councilman Stanton voting in favor of the motion. The meeting was then adjourned. ATTEST: Dorothy Ti~ons~ity Secretary DT/llg MINUTES 042286 MINITS SPECIAL COUNCIL STUDY COMMITTEES MUD ABSORPTION COMMITTEE Council: Dale Ware Dean Wilkerson Tom Morton Staff: Paul Phy Ed Powell Frank Trando PRIVATE CLUB ORDINANCE COMMITTEE Council: Mark Wolfe Dan Stanton Dean Wilkerson Staff: Larry Jackson Minister's Council BELTLINE ROAD CONSTRUCTION FUNDING Council: Jim Cowman Bill Smothermon Tom Morton Staff: Ed Powell Wayne Ginn LAND ANNEXATION COMMITTEE Council: Jim Cowman Bill Smothermon Dan Stanton Ray Smedul (Planning and Zoning Chairman) Staff: Ed Powell Larry Jackson STREETS AND TRANSPORTATION COMMITTEE Council: Dale Ware Mark Wolfe Bill Smothermon Ray Smedul (Planning and Zoning Chairman) Staff: Frank A. Proctor, Jr. Ed Powell BUDGET LIASION Council: Bill Smothermon