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CM 1986-06-24 Minutes of June 24, 1986 The City Council of the City of Coppell met in regular call session on Tuesday, June 24, 1986 at 7:30 p.m. in the Coppell High School Adminis- tration Building. The following members were present: Lou Duggan, Mayor Dale Ware, Mayor Pro Tem Dean Wilkerson, Councilman Tom Morton, Councilman Bill Smothermon, Councilman Mark Wolfe, Councilman Dan Stanton, Councilman Councilman Jim Cowman and City Manager Frank A. Proctor, Jr. were not present. Also present was City Secretary Dorothy Timmons, Finance Director and Alternate City Manager Frank Trando, and City Attorney Larry Jackson. The meeting was called to order and everyone asked to stand while Councilman Morton gave the invocation. MAYOR'S REPORT Item 1: Mayor's Report Mayor Duggan informed the Council of the following information: 1. He requested that any Councilmembers having questions concerning their Council packets to contact the City Manager or the appropriate department head before meeting in order to get answers to those questions. 2. The first annual Metrocrest Cities Big Ball Tournament will be held on Saturday, July 19, 1986 at 4:00 p.m. Teams will consist of Mayors, Councils, City Managers and Department Heads of the four area cities. Coppell will provide the site for the game, Farmers Branch will provide the umpires, Carrollton will provide the trophies and Addison will provide the food and drinks. 3. Mayor Duggan read a letter from City Staff opposing the mandatory consolidation of tax collections and encouraged testimony at a July 8, 1986 hearing on this proposal. 4. Mayor Duggan requested a consensus from the Council on Budget Retreat locations. It was the consensus of the Council that the City go out of town for a Budget Retreat, but that the financing be watched closely to lower all expenses. 5. Mayor Dug§an then read a letter from City Attorney Larry Jackson informing the Council of a recent Supreme Court decision concerning posting of notice for Executive Sessions. This letter stated that a more detailed explanation is needed to be used when posting Executive Sessions and those items to be discussed. Page 1 MINUTES 062486 6. The employees picnic will be held on Sunday, June 29, 1986 from 10:00 a.m. until dark. Ail Council members and city employees are encouraged to attend. CITIZEN'S APPEARANCES Item 2: Consider citizens who wish to speak before the City Council. Mr. David Greer of 641Briarglen requested to be recognized and submit- ted a request for payment to the Council in the amount of $2,843.62. This request is to cover damages done to his house and interior from drainage and run-off problems as a result of the recent rains. Mr. Trando informed the Council that this claim would be turned over to the insurance company for consideration. ORDINANCE Item 3: Consider approval of two (2) ordinances annexing 23.589 acre tract of land out of the G.C. Woolsey Survey Abstract 1402 Denton County, Texas and the Clarinda Squires Survey Abstract 1327 Dallas County, Texas (Tract A) and the adoption of an ordinance annexing 23.003 acre tract of land situated in the G.C. Woolsey Survey Abstract 1402 Denton County, Texas and the William Trimble Survey Abstract 1268 Denton County, Texas (Tract E) both tracts of land on application of J. Stephen Crim of Lomas and Nettleton and authorizing the Mayor to sign. Following discussion on these two ordinances, Councilman Smothermon moved that Ordinance No. 86-354 annexing Tract A and Ordinance No. 86-355 annexing Tract E be approved. Mayor Pro Tem Ware seconded; motion carried unanimously with Councilman Wilkerson, Mayor Pro Tem Ware, Councilman Morton, Councilman Smothermon, Councilman Wolfe and Councilman Stanton voting in favor of the motion. PUBLIC HEARINGS JOINT PUBLIC HEARING WITH THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL OF THE CITY OF COPPELL Item 4: Zoning Application ~86-01-16 To consider approval of zoning change request of J. Stephen Crim of Lomas and Nettleton and adoption of an ordinance granting a zoning change on same two (2) tracts of property as stated in Item 3 above from "A"-Agricultural to "LI"-Light Industrial. Mr. Steven Crim, Mr. Jeff Hurt and Mrs. Stephanie Fess made the presentation to the Council. Mr. Hurt stated that Tract "~' which is located directly adjacent to Denton Tap Road has been further subdivided into two separate tracts to accommodate the zoning as requested by the City. These subdivided tracts are now called Tract "A" on the north and Tract "F" on the south. Tract A has a request of Light Industrial zoning and Tract "F" is being requested for a Commercial zoning with a height restriction. Commercial zoning is also being requested on the two "island" tracts with a fifty (50) foot height restriction. There will be a buffer zone of one hundred-fifty (150) feet on the north side of Denton Creek that will restrict the building site from the view of the residences on the south side of the creek. This is an addition to the Page 2 MINUTES 062486 trees and the vegetation that is present on the south side of the creek. Concerns expressed by the Council were the Light Industrial zoning on Tract "A". Mayor Duggan then declared the Public Hearing open and asked for those persons who wished to speak for the proposed changes. There were none. He then asked for those persons who wished to speak against the proposed changes. Again there were none. The Public Hearing was then declared closed. Further discussion and questions by both the Planning and Zoning Commission and City Council indicated a desire to see the height restrictions placed on the Light Industrial zoning tract. That those uses that would allow noise, fumes, smoke, noxious odors be excluded from this tract and no outside storage be allowed. City Attorney Larry Jackson informed the Council that the City could not put additional conditions on a straight Light Industrial zoning but that the property could be deed restricted by the owner to include those re- strictions. This would be a voluntary deed restriction and could not be required by the Council. Mr. Heartz at this point informed the Council that it was the desire of his company to include any deed restrictions to prohibit the construction of any facilities that would include noise, fumes, smoke, or noxious odors. At this point the City Council ad- Journed. The City Council recessed while the Planning and Zoning Commission convened for deliberation and consideration of this item. Following the recess Mayor Duggan called the meeting back to order and asked for the recommendation of the Planning and Zoning Commission on this zoning change. Chairman Smedul informed the Council that the Planning and Zoning Commission recommended approval of the zoning change request as well as the acceptance of the deed restrictions as offered by the applicant. Following further discussion and consideration by the Council, Councilman Smothermon moved that the zoning application be approved with Tract "A" as Light Industrial including the acceptance of the deed restrictions volunteered by the property owners with Commercial zoning on Tract "E" and "F" that will include a variance from the thirty-five (35) foot height restrictions to a fifty (50) foot height restriction. Tract "A" would be limited to twelve (12) stories and that the Mayor be authorized to sign the ordinance only after the deed restrictions are in place and any changes in the deed restrictions have to receive prior approval of the Coppell City Council. Councilman Morton seconded; the motion carried 4-2 with Mayor Pro Tem Ware, Councilman Morton, Councilman Smothermon and Councilman Stanton voting in favor of the motion and Councilman Wilkerson and Councilman Wolfe voting against the motion. Item 5: Zoning Application #86-05-23 - PUBLIC HEARING To consider approval of a zoning change request of Fil Skepi from "C"-Commercial to "C-S.U.P."-Commercial with a Special Use Permit for a restaurant. Date of Planning & Zoning Meeting - June 19, 1986 Recommendation of Planning & Zoning Mrs. Fil Skepi made the presentation to the Council. Her request is for an ice cream parlor to be located adjacent to Plaza Cleaners in the Braewood Shopping Center. 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 to speak against the proposed change. Again there were none. The Public Hearing was declared closed. Following discussion by the Council, Councilman Morton moved that the zoning change request be approved. Councilman Smothermon seconded; motion carried unanimously with Councilman Wilkerson, Mayor Pro Tem Ware, Councilman Morton, Councilman Smothermon, Councilman Wolfe and Councilman Stanton voting in favor of the motion. Page 3 MINUTES 062486 Item 6: Zoning Application ~86-04-14 - PUBLIC HEARING To consider approval of a zoning change request for Pizza Hut of America, Inc., from "PD-R" Planned Development Retail to "PD-R/S.U.P." Planned Development Retail with a special use permit for a restaurant on property located on the southeast corner of Sandy Lake Road and MacArthur Boulevard. (Tabled from June 10, 1986). Date of Planning and Zoning - May 15, 1986 Recommendation of Planning and Zoning - Approval 4-0 Mr. Steven C. Hunley again made the presentation to the Council. The Public Hearing on this item was left open from the previous meeting of June I0, 1986. Mr. Hunley discussed the previously mentioned problems with the flume and the drainage into the open drainage ditch. The design of the building has been approved by the City Engineer. Mr. Hunley stated that if the City would waive the requirements of a two-way traffic lane and allow them to make a twenty-two (22) foot rather than a twenty-four (24) foot traffic lane their company would be able to save one additional tree. Cut-back requirements were discussed by the Council and the fact that this development sits only two and half (2 1/2) feet off of the property line; Mayor Duggan then asked for those persons who wished to speak for the proposed change. There were none. He 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 Ware moved that this zoning change be denied. Councilman Morton seconded; motion carried 4-3 with Mayor Duggan, Councilman Wilkerson, Mayor Pro Tem Ware, Councilman Morton voting in favor of denial and Councilman Smothermon, Councilman Wolfe and Councilman Stanton voting against denial. REQUESTS AND PRESENTATIONS Item 7: Consider request from Lincoln Properties for annexation of approximately 129.43 acres of land into the Coppell Municipal Utility District (CMUD). ~-~ Mr. Charlie Wade represented the Coppell Municipal Utility District made the presentation to the Council. Mr. Terry Long also of the MUD Board was present to discuss this item. Mr. Wade stated that Lincoln Prop- erties have offered $375,000.00 for approval for annexation into the MUD District and they have agreed not to ask for reimbursement. It was the consensus of the MUD Board that this is an acceptable agreement and that they would have no problem in serving this tract. Following discussion by the Council on this item, Councilman Wolfe moved that the annexation of this property into the MUD District be approved subject to an agree- ment between Lincoln Properties and the MUD District stating that Lincoln Properties will not request a reimbursement and that an agree- ment on the initiation fee be reached between Lincoln Properties and the MUD District. Mayor Pro Tem Ware seconded; motion carried unanimously with Councilman Wilkerson, Mayor Pro Tem Ware, Councilman Morton, Councilman Smothermon, Councilman Wolfe and Councilman Stanton voting in favor of the motion. ORDINANCES AND RESOLUTIONS Item 8: Consider approval of an ordinance amending the City Code that creates the Economic and Business Development Board and authorizing the Mayor to sign. Page 4 Minutes 062486 This ordinance does meet the approval of the Economic and Business Development Board Chairman. Following discussion on this item Councilman Wilkerson moved that this Ordinance 86-356 be approved and authorizing the Mayor to sign. Councilman Stanton seconded; motion carried unanimously with Councilman Wilkerson, Mayor Pro Tem Ware, Councilman Morton, Councilman Smothermon, Councilman Wolfe and Councilman Stanton voting in favor of the motion. Item 9: Consider approval of an amendment to the Fire Code by adopting a Fire Lane Ordinance and authorizing the Mayor to sign. Fire Chief Jackie Mayfield made the presentation to the Council. He stated that this ordinance does meet the requirements as they requested. Following discussion on this item Councilman Morton moved that this Ordinance 86-357 be approved and authorizing the Mayor to sign. Councilman Wolfe seconded; motion carried unanimously with Councilman Wilkerson, Mayor Pro Tem Ware, Councilman Morton, Councilman Smothermon, Councilman Wolfe and Councilman Stanton voting in favor of the motion. Item 10: Consider approval of three (3) ordinances annexing 231.697 acres of land located at: 1. Southwest intersection of Freeport Parkway and Cotton Road 2. Northwest corner of I635 and Beltline Road 3. Northeast corner of Beltline Road and Rackberry Road and including approximately 590 feet of right-of-way of Hackberry Road and authorizing the Mayor to sign. Following discussion on this item Councilman Smothermon moved that the following ordinance be approved and authorizing the Mayor to sign: 1. Ordinance 86-358 - annexing the southwest intersection of Freeport Parkway and Cotton Road. 2. Ordinance 86-359 - annexing the northwest corner of I635 and Beltline Road. 3. Ordinance 86-360 - annexing the northeast corner of Beltline Road and Hackberry Road and including approximately five hundred ninety (590) feet of right-of-way of Hackberry Road and authorizing the Mayor to sign. Councilman Morton seconded; motion carried unanimously with Councilman Wilkerson, Mayor Pro Tem Ware, Councilman Morton, Councilman Smothermon, Councilman Wolfe and Councilman Stanton voting in favor of the motion. PROCLAMATION Item 11: Consider approval of a proclamation declaring Saturday June 28, 1986 as "Coppell Sesquicentennial Day" and authorizing the Mayor to sign. Following discussion on this item Councilman Morton moved that this proclamation be approved and authorizing the Mayor to sign. Councilman Smothermon seconded; motion carried unanimously with Councilman Wflkerson, Mayor Pro Tem Ware, Councilman Morton, Councilman Smothermon, Councilman Wolfe and Councilman Stanton voting in favor of the motion. Page 5 Minutes 062486 BIDS Item 12: Consider awarding of a bid for the purchase of three (3) half-ton pick-ups for the Engineering and Inspection Department. City Engineer Ed Powell made the presentation to the Council. It is his recommendation that the three (3) vehicles be purchased from Courtesy Nissan at a price of $7,285.25 each for a total bid of $21,855.75. This total bid represents approximately $2,144.75 under the total budgeted amount of $24,000.00. Following discussion on this item Mayor Pro Tem Ware moved that the bid be awarded as recommended by the City Engineer with the stipulation that Courtesy Nissan can produce the trucks manuf- actured in the United States in order for it to meet the admission requirements of the United States. Councilman Morton seconded; motion carried unanimously with Councilman Wilkerson, Mayor Pro Tem Ware, Councilman Morton, Councilman Smothermon, Councilman Wolfe and Councilman Stanton voting in favor of the motion. Item 12A: Consider approval of directing the City Attorney to draft a contract between the City of Coppell and S.V.B. Real Property Services, Inc. for the preparation of an assessment roll for street improvements. Councilman Smothermon introduced Mr. William B. Vandivort, II, who presented to the Council a proposal for a turn-key assessment program and policies. Monies to finance this project would be paid for out of the bond funds with a maximum of $8,000.00 being spent. The proposal is to include the following work: 1. Assure listing on tax roll 2. Verify correctness of mailing address 3. Assure accuracy of description of property 4. Assess the validity of classification of property for valuation for taxes 5. Analyze valuation by Appraisal District 6. Establish assessment formula 7. Create assessment roll 8. Create collection procedures 9. Present assessment statements to property owners for payment This project for Beltline Road (north-south only) includes 27 tracts with 17 owners. At this time, 3 erroneous assessments have already been noted. Following discussion on this item Councilman Wolfe moved that the City Attorney be instructed to draft a contract for the performance of these duties with a maximum cab of $8,000.00 being spent. Councilman Morton seconded; motion carried 5-1, with Councilman Wilkerson, Councilman Morton, Councilman Smothermon and Councilman Wolfe voting in favor of the motion and Mayor Pro Tem voting against the motion. Page 6 Minutes 062486 STAFF REQUESTS Item 13: Consider request for approval to proceed with development of plans for concession stand/restroom at Brown Park. Mr. Larry Hartshorn, Park Board Chairman made the presentation to the Council. He stated the proposal is a two part package with the conces- sion stand and lighting of the single field. At this time the request is for the construction of the concession stand only. Councilman Wilkerson stated that he would make a report on the finding on the park grant at the last Council meeting in July. Chairman Hartshorn indicated that there have been some problems and concerns that have arisen about the $300,000 comitted by S.B.S. for development of the concession stand and lighting of the ball fields. It is the consensus of the Council that Mayor Duggan, Mayor Pro Tem Ware and Park Board Chairman Larry Hartshorn would meet with S.B.S. on this to see if a conclusion could be worked out. Chairman Hartshorn at this time stated that he would like to withdraw this request and present it at a later meeting. Item 14: Discussion and consideration of interpretation and definition of "public use" as listed in the Coppell Subdivision Ordinance No. 341, Appendix A, Subsection J; page 21. City Engineer Ed Powell made the presentation to the Council. He is asking for the City's interpretation of the term "Public Use" as applied to parking lots. Discussion included the consensus that if a parking lot is closed to the public and if only people that park in it are the employees or residence of the property then the parking lot would not be open to the public. Following further discussion it was the consensus of the Council that this item be tabled and brought back to Council with a recommendation from the staff. EXECUTIVE SESSION (Closed to the public) Item 15: Article 6252-17, Section 2 (e) discussion with City Attorney. Item 16: Article 6252-17, Section 2 (f) discussion concerning personnel. The meeting was then closed for executive session as allowed under the two above stated articles. Following executive session the meeting was declared open to the public. PUBLIC SESSION (Open to the public) Item 17: Consider action based on items discussed in the Executive Session. There were no items to consider at this time. The meeting was ad- Journed. Lou~uggan, Mayor Page 7 MINUTES 062486 ATTEST: MINUTES 062486 MINITS