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CM 1986-05-27 Minutes of May 27, 1986 The City Council of the City of Coppell met in regular called session on Tuesday, May 27, 1986 at 7:00 p.m. for Executive Session and 7:30 p.m. for regular called session in the Coppell High School Administration Building. The following members were present: Dale Ware, Mayor Pro Tem Dean Wilkerson, Councilman (late arrival) Tom Morton, Councilman Bill Smothermon, Councilman Jim Cowman, Councilman Mark Wolfe, Councilman Dan Stanton, Councilman Mayor Lou Duggan was not present. Also present were City Manager Frank A. Proctor, Jr., City Secretary Dorothy Timmons and City Attorney Larry Jackson. Mayor Pro Tem Ware 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 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 Pro Tem Ware asked everyone to stand while Mr. John Weinberg representative from Texas Power and Light Company gave the invocation. MAYOR'S REPORT Item 1: Mayor's Report Mayor Pro Tem Ware reminded the Councilmembers of the Taste of Entertainment to be held on Saturday, May 31, 1986. He also reminded Council of a special called Council meeting for June 3, 1986 with the Executive Session to begin at 6:30 p.m. and the regular meeting beginning at 7:30 p.m. Councilman Smothermon then informed the Council that he had recently toured the City Hall and noticed that the noise created by the workers was very distracting in the Council Chambers. It is his feeling that some kind of enclosure such as glass should be used to seal off this area in order to cut down on this noise factor. If it is done at this point of construction the approximate cost would be $6,000.00. If it is done at a later date the cost is considerably more. Following discussion it was the consensus of the Council to enclose the Council Chambers. Councilman Wilkerson arrived during this discussion. CITIZEN'S APPEARANCES Item 2: Consider citizens who wish to speak before the City Council. Mr. Jerry John Crawford, Attorney representing the home owners who would be effected by Item. 4 asked to be recognized and questioned if citizens would be allowed to speak on Item 4. He was informed that they would. REQUESTS AND PRESENTATIONS Item 3: Presentation by Mr. John Weinberg of T.P.& L. on annual update for electrical services in Coppell. Mr. John Weinberg, representing TP&L, and Mr. Fred Garza, District Engineer for TP&L, gave the presentation to the Council. Mr. Weinberg gave a brief history of improvements in Coppel since 1981. He stated that in 1987 it is planned for 2 major circuits to be constructed to serve both the east and west sides of town. This will be done so that the entire City would not be out of electricity in the event of a power failure. No action was required on this item. PLATTING ACTIONS - PRELIMINARY Item 4: Plat Application #86-02-24 To consider approval of a preliminary plat of Connell-Skaggs Addition on property located on the northwest corner of Sandy Lake Road and Denton Tap Road. Date of Planning & Zoning - April 17, 1986 Recommendation of Planning & Zoning - Approval with stipulation (See staff report) Mr. Kevin White and Mr. Jim Koch made the presentation to the Council. City Engineer, Ed Powell, stated that there is a drainage problem in this development concerning the existing 20 (twenty) foot drainage easement on the west property line. The developer is proposing to construct a concrete open channel rather than an underground closed channel. Mr. Powell stated that he would give his approval for the construction of this open channel, if the down stream property owners would sign an "Easements and Hold Harmless Agreement". Several persons were present in the audience who asked to be recognized. Mrs. Pat Boorhem, who is a down street property owner, stated she is in favor of the open channel and would signe the required "Easement and Hold Harmless Agreement" for a 4 (four) foot channel. Several property owners were strongly opposed to the open channel, those persons included Mr. Jerry John Crawford, Attorney representing property owners on the west, Mr. James Dunn, Mr. Ben Weehunt, Mr. Bill Burgess. Mr. White stated that because of the initial cost, the developer is not receptive to install an enclosed drainage easement and feels that his company has a right to use the open drainage that is existing. He stated that this channel only accommodates the drainage through their property and does not drain their property. And he feels that they should not be required to install a closed drainage channel. Mr. White stated that they would re-install any fences taken down but that some of the trees would be affected and required to be removed. Mrs. Boorhem again spoke and stated she would be willing to sign a hold harmless agreement for the construction of a temporary sixty (60) foot open drainage easement with it reverting back to a twenty-four (24) foot easement in the future when her property is developed. Following considerable discussion on this item, Councilman Morton moved that the plat be approved subject to the drainage being worked out for construction as a closed drainage easement and that the City Engineer give his approval of this easement. Councilman Wolfe seconded. Following further discussion concerning the affect on the damage of the trees in this area Councilman Morton withdrew his motion, Councilman Wolfe withdrew the second. It was stated that no matter which type of drainage was constructed, trees on the western property line of the Connell/Skagg$ Addition would be affected. Following further discussion Councilman Smothermon moved that the plat be approved with the stipulation that the drainage be a box culvert that the City Engineer and the down stream and adjacent property owners work out an arrangement that the existing drainage easement be available for use as needed and that a hold harmless agreement signed by property owners and approved by the City Attorney be signed. Councilman Wilkerson seconded, and motion carried 6-1 with Councilman Wilkerson, Mayor Pro Tem Ware, Councilman Smothermon, Councilman Cowman, Councilman Wolfe and Councilman Stanton voting in favor of the motion and Councilman Morton voting against the motion. Item 4A: Plat Application ~86-05-15 To consider approval of a preliminary and final plat for Moore Road Elementary School on property located on the west side of Moore Road .2 of mile south of Sandy Lake Road. Date of Planning & Zoning - May 22, 1986 Recommendation of Planning & Zoning - Approval with stipulation (See staff report) Mr. Gary Keep made the presentation to the Council. He stated that the Planning and Zoning Commission recommended that a wall be constructed between the school property and the Fire Station on the east side of the school property. He also stated that the school would like a variance to eliminate the construction of a perimeter fence around the property. Following discussion on this item Councilman Smothermon moved that the plat be approved with the stipulation that a screening wall be constructed between the school and Fire Station at the school's expense. Councilman Morton seconded; motion failed 3-4 with Councilman Morton, Mayor Pro Tem Ware and Councilman Smothermon voting for the motion and Councilman Wilkerson, Councilman Cowman, Councilman Wolfe and Councilman Stanton voting against the motion. Councilman Wilkerson then moved that the plat be approved with the stipulation that the fence be constructed between the school property and the Fire Station with the City and the School sharing the expense of the wall. Councilman Stanton seconded; motion carried 4-3 with Councilman Wilkerson, Councilman Cowman, Councilman Wolfe and Councilman Stanton voting in favor of the motion and Mayor Pro Tem Ware, Councilman Smothermon and Councilman Morton voting against the motion. This approval is for both preliminary and final plat approval. PLATTING ACTIONS - FINAL Item 5: Plat Application #86-02-20.5 To consider approval of a final plat for Corners of Coppell on property located on the southeast corner of MacArthur Boulevard and Sandy Lake Road. Date of Planning & Zoning - April 17, 1986 Recommendation of Planning & Zoning - Approval with stipulation (See staff report) Mr. Bill Thompson and Mr. Jay Regland made the presentation to the Council. Planning and Zoning Commission recommended approval with the stipulation that the developer participate in the signalization of Sandy Lake Road and MacArthur Boulevard; that the bridges be widened to forty feet and that varification of the alignment and that the alignment of the intersection of Kimbel Kourt and Sandy Lake Road be verified. Mr. Thompson stated that in answer to the alignment the distance between the two (2) intersections is one-hundred and forty feet (140 feet). Additionally Mr. Thompson stated that the participation of the signalization would have a substantial negative impact on this development as this is the first indication of any participation that has been made to the developer. Mr. Thompson additionally stated that concerning the widening of the bridges the original proposal was thirty feet (30 feet) with the City approving a thirty-seven foot (37 foot) wide bridge. Mr. John Regland who is a Traffic Engineer with the development stated that he felt the thirty foot (30 foot) bridge would provide for adequate turn lanes and would be safer than the wider bridges. Following discussion on this item Councilman Wolfe moved that the plat be approved with the stipulation that the public access bridges ~-~ be thirty feet (30 feet) with curbs and sidewalks on both sides and that no sidewalk be required for the service truck entrance on the east end of this development. Councilman Cowman seconded the motion which carried unanimously with Councilman Wilkerson, Councilman Morton, Mayor Pro Tem Ware, Councilman Smothermon, Councilman Cowman, Councilman Wolfe and Councilman Stanton voting in favor of the motion. PUBLIC HEARINGS: Item 6: Public hearing to consider annexation of 46.592 acres of land located north of Denton Creek and east of Denton Tap Road. Mr. Jeff Hurt and Mrs. Stefanie Fess made the presentation to the Council on this item. Mr. Hurt stated that the property has been deed restricted to exclude undesirable buildings. Mayor Pro Tem Ware declared the public hearing open and asked for those persons wishing to speak for the proposed change. Those persons speaking were Mr. Walter PettiJohn and Mr. Larry Elliott. Mayor Pro Tem Ware then asked for those persons wishing to speak against the proposed annexation. There were none. The public hearing was then declared closed. No action is required on this item. A second public hearing is scheduled for Tuesday June 3, 1986. Item 7: Public hearing to consider annexation of 231.697 acres of land located at: 1) the southwest intersection of Freeport Parkway and Cotton Road 2) the northwest corner of I635 and Beltline Road 3) the northeast corner of Beltline Road and Hackberry Road, 4) approximately 590 feet of right-of-way of Hackberry Road. This annexation is a City instituted annexation on the above stated properties. Mayor Pro Tem Ware declared the public hearing open and asked for those persons who wished to speak for the proposed annexation. Those persons speaking were Mr. Larry Elliott. He then asked for those persons who wished to speak against the proposed annexation. There were none. The public hearing was then declared closed. No action is required on this item. A second public hearing is scheduled for Tuesday June 3, 1986. OTHER BUSINESS Item 8:' Consider approval of tax refund payments. Finance Director Frank Trando made the presentation to the Council. He stated that the refund is for $806.40 to Mr. Mark Teresi and to Sunbelt Savings in the amount of $596.92. The refund for Sunbelt Savings is for a duplicate payment of account and the refund for Mr. Teresi is due to the fact that the Appraisal District lowered the property values. Council action is required by State law for refunds excseding $500.00. Following discussion on this item Councilman Morton moved that the refunds be approved. Councilman Wolfe seconded; motion carried unanimously with Councilman Wilkerson, Councilman Morton, Mayor Pro Tem Ware, Councilman Smothermon, Councilman Cowman, Councilman Wolfe and Councilman Stanton voting in favor of the motion. PERSONNEL Item 9: Consider appointment of member to fill vacancy on the Industrial Development Corporation. Following discussion on this item Councilman Smothermon moved that Mr. Larry Elliott be appointed to fill the vacancy on the Industrial Development Corporation. Councilman Morton seconded; motion carried unanimously with Councilman Wilkerson, Councilman Morton, Mayor Pro Tem Ware, Councilman Smothermon, Councilman Cowman, Councilman Wolfe and Councilman Stanton voting in favor of the motion. The meeting was then adjourned. Lou Duggan, Mayo~ ATTEST: Dorothy Timmo~, %~T'ty Secretary MINUTES 052786 MINITS