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CM 1986-08-12 Minutes of August 12, 1986 The City Council of the City of Coppell met in regular session on Tuesday, August 12, 1986 at 7:00 p.m. at the Coppell Town Center. 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 Councilman Dan Stanton was not present. Also present were City Manager Frank A. Proctor, Jr., City Secretary Dorothy Timmons, City Attorney Larry Jackson. Mayor Duggan called the meeting to order. EXECUTIVE SESSION (Closed to the Public) 7:00 p.m. 1. Article 6252-17, Section 2 (f) discussion with respect to the purchase of real property A. Discussion concerning City right-of-way acquisition and contractual com~ittments regarding real estate for the southern extension of Royal Lane B. Discussion of land purchase for a pump station/ground storage tank Article 6252-17, Section 2 (e) discussion with City Attorney concerning possible litigation C. Discussion concerning resolution of the drainage ditch adjoining Parkwood II and Parkwood III Item 1: The meeting was then closed for an Executive Session as allowed under the above stated article. Following the Executive Session the meeting was then declared open to the public. Mayor Duggan then asked everyone to stand while Councilman Morton gave the invocation. MAYOR'S REPORT Item 2: Mayor's Report The Mayor's report included the following items: A. The lamps for the City Hall and the flag poles have been donated. This consists of 2 globes with 5 cluster lamps and 2 park benches, 3 flag poles for the United States, the State and the City flag have also been donated. B. Bonhards Nursery in Coppell has donated shrubs and plants for landscaping in front of City Hall. Page 1 081286 C. Tara Development has donated the 2 large trees that are at the entrance to the City Hall. D. The Metrocrest Chamber Tour which is slated for the end of September has a deadline of August 15, 1986 for reservations. Councilmembers were instructed to notify the City Secretary's office if they had planned to attend. E. The Appreciation Dinner for those citizens who have donated time for various committees in the City will be held on August 23, 1986 with Martin Frost being the key note speaker. F. Mayor Duggan presented the Council with a packet from Councilman Morton on his recent meeting with the Texas Economic Development Commission. G. The Water Conservation Program is in force. Letters have been sent to all citizens within the City, Mayor Duggan stressed that this is a positive thing and does not indicate a lack of water but rather a lack of water pressure. The Conservation Program calls for odd-even watering. H. A Special Council Meeting has been called for Wednesday August 13, 1986 at 7:30 p.m. I. The amendment to the zoning ordinance regulating private clubs and sale of liquor is scheduled for review on August 26, 1986 and then will be sent to the Planning and Zoning Commission for action and final endorsement by the City Council. J. The construction of the MacArthur Railroad Crossing is under construction at this time. K. The construction of the Mockingbird and Beltltne Road Crossing is nearing completion. L. Mayor Dnggan then showed a slide presentation on various drainage problems that had been experienced recently within the City of Coppell. Following the slide presentation the Consulting Engineer, Wayne Ginn was instructed to procede with correcting these problems. CITIZEN'S APPEARANCES Item 3: Mr. Walter PettiJohn was recognized and stated that he felt the City should hold the Budget Retreat closer to home. Mrs. Linda Barnett of 845 Leslie was recognized and stated that she had a drainage problem that she would like to see corrected. Mrs. Martha Day of 109 Meadowglen was recognized and stated she had problems in communicating with the street department. RESOLUTIONS AND ORDINANCES 4. Discussion and approval of a resolution in support of the southern extension of Royal Lane Item 4: Following discussion on this item Councilman Wilkerson moved that Resolution No. 081286.1 be approved and the Mayor authorized to sign subject to the City not to be responsible for any condemnation or moving of the railroad switching facilities. Councilman Morton seconded; motion carried unanimously with Councilman Wilkerson, Mayor Pro Tem Ware, Councilman Morton, Councilman Smothermon, Councilman Cowman and Councilman Wolfe voted in favor of the motion. OTHER BUSINESS 5. Consider appointment of a Council sub-committee to pursue and encourage development of a hospital within the City of Coppell Page 2 O81286 Item 5: Following discussion on this item Councilman Smothermon moved that Councilman Morton be appointed as chairman of this committee. Additionally, Councilman Smothermon and Councilman Wilkerson would be on the com~ittee. The committee would also include City Attorney Larry Jackson, Jay Turner and Steve Fondray. Councilman Wolfe seconded the motion which carried unanimously with Councilman Wilkerson, Mayor Pro Tem Ware, Councilman Morton, Councilman Smothermon, Councilman Cowman and Councilman Wolfe voted in favor of the motion. STAFF REPORTS 6. Discussion and consideration of designation of "No Smoking" areas within the town center Item 6: City Manager Frank Proctor stated that Councilman Morton has requested that this item be brought forward in order to designate the Council Chambers as a "No Smoking" area. Following discussion on this item Councilman Morton moved that smoking be limited to those areas designated and smoking not be allowed in Council Chambers. Councilman Wolfe seconded; motion carried 4-2 with Councilman Wilkerson, Councilman Morton, Councilman Smothermon and Councilman Wolfe voted in favor of the motion and Mayor Pro Tem Ware and Councilman Cowman voted against the motion. 7. Discussion and authorization for bond counsel to pursue the issuance of Certificates of Obligation for the construction of Beltline Road east-west, Beltline Road north-south and Denton Tap Road Item 7: Mr. Boyd London made the presentation to the Council. He stated that the CO's could be callable at any time and recommended that a short term financing be contracted at this time and later transfer to a long term debt. All of the proposed 2 million would be refunded from Street Assessment Program. Following discussion on this item Councilman Wilkerson moved that the City procede with the long term Certificates of Obligation through advertising bid process. Councilman Wolfe seconded; motion carried unanimously with Councilman Wilkerson, Mayor Pro Tem Ware, Councilman Morton, Councilman Smothermon, Councilman Cowman and Councilman Wolfe voted in favor of the motion. 8. Discussion and authorization for Ginn, Inc. to begin engineering plans for Denton Tap Road and Beltline Road east-west Item 8: Consulting Engineer Wayne Ginn made the presentation to the Council. He stated his request is to be in engineering plans for Denton Tap and Beltline Road, east and west construction. Following discussion Mayor Pro Tem Ware moved that the Consulting Engineer be instructed to procede with the engineering plans for the 2 above stated roads. Councilman Smothermon seconded; motion carried unanimously with Councilman Wilkerson, Mayor Pro Tem Ware, Councilman Morton, Councilman Smothermon, Councilman Cowman and Councilman Wolfe voted in favor of the motion. BIDS 9. Consider awarding bids received for the construction of the New Municipal Service Center Page 3 081286 Item 9: Mr. Dick Calvert made the presentation to the Council. He stated that bids were opened on July 31, 1986. Estimated cost was approximately $486,000.00. Low bid was $489,984.00 and was submitted by Trencon, Inc. The second low bid of $542,500.00 was submitted by MDI Inc. It is the recommendation of Mr. Calvert that the second low bid be accepted due to the fact that a complaint has been received concerning the bid bond submitted by the low bidder. Discussion was then held as to the necessity of keeping the bid within the budget amount. Following discussion on this item Mayor Pro Tem Ware moved that the bid be awarded to MDI Inc. in the amount of $542,500.00 with the stipulation that the bid be kept within the budgeted amount as approved in the Bond Election. Councilman Morton seconded; motion carried 5-1 with Councilman Wilkerson, Mayor Pro Tem Ware, Councilman Morton, Councilman Smothermon and Councilman Cowman voted in favor of the motion and Councilman Wolfe voted against the motion. REQUESTS AND PRESENTATIONS 10. Discussion and consideration of use of Council chambers fur meetings by clubs and organizations within the City Item 10: City Secretary Dorothy Timmons informed the Council that the City has been receiving requests from organizations in town for the use of Council Chambers as a meeting place. Discussion was held as to deposits required and liability as well as whether the City's insurance would cover any damages. This item was tabled for further study. 11. Discussion and action based on drainage ditch resolution among the City of Coppell, Coppell Municipal Utility District (CMUD), General Homes and Wiseco Development (adjoining Parkwood II and III subdivision) Item 11: Mayor Duggan stated that this item has been discussed and agreed upon by the Municipal Utility District, by General Homes, by Univest and the City to participate in the repair of the drainage in the Parkwood Subdivision. Approximately $60,000.00 would be needed to correct the problems. Additional engineering fees would be split between the Municipal Utility District and the City with the City and the MUDD providing inspection services. Approximately two-hundred and fifty (250) linear feet of the concrete spillway would be repaired. Following discussion on this item Mayor Pro Tem Ware moved that this agreement be approved and that General Homes be responsible for the construction of the repair work itself. Councilman Wolfe seconded; motion carried unanimously with Councilman Wilkerson, Mayor Pro Tem Ware, Councilman Morton, Councilman Smothermon, Councilman Cowman and Councilman Wolfe voted in favor of the motion. RESOLUTIONS AND ORDINANCES 12. Consider approval of a Resolution adopting an approval statement, approving preliminary plans, and agreeing to accept conveyance of facilities and responsibilities of maintenance Item 12: Mr. Tim Lahey and Mr. Phil Daton made the presentation to the Council. These plans are for the improvements to MacArthur Boulevard and Denton Tap Road north of Denton Creek. Approval from the City is required in order for the Road District to receive approval from the state. Following discussion on this item Councilman Morton moved that this item be tabled until construction plans can be submitted to the City. Councilman Wolfe seconded; motion carried unanimously with Councilman Wilkerson, Mayor Pro Tem Ware, Councilman Morton, Councilman Page 4 081286 Smothermon, Councilman Cowman and Councilman Wolfe voted in favor of the motion. OTHER BUSINESS 13. Discussion and action by the City Council based on land purchase for a pump station/ground storage tank Item 13: Following discussion on this item Councilman Smothermon moved that Mayor Pro Tem Ware and Councilman Wolfe be appointed to a committee to bring back a proposal' to the Council for consideration. Councilman Cowman seconded; motion carried unanimously with Councilman Wilkerson, Mayor Pro Tom Ware, Councilman Morton, Councilman Smothermon, Councilman Cowman and Councilman Wolfe voted in favor of the motion. REQUESTS AND PRESENTATIONS 14. Consider request from General Homes for resolution of homebuilding fee refunds Item 14: Mr. Sam Wise made the presentation to the Council. He stated that he is requesting that the refund be accredited over a 3 year time period with no direct reimbursement being made by the City. This request has been previously considered by the Council. Following discussion on this item Councilman Wilkerson moved that the request be denied. Councilman Cowman seconded; motion carried unanimously with Councilman Wilkerson, Mayor Pro Tom Ware, Councilman Morton, Councilman Smothermon, Councilman Cowman and Councilman Wolfe voted in favor of the motion. STAFF REPORTS 15. Report from the Mayor's Sub-committee on the park grant investigation and consideration of action to be taken concerning the park funding Item 15: Councilman Wflkerson made the presentation to the Council. He gave a report on the status of the Park Grant and stated that both Phase II and Phase III has been denied and deed restrictions on Phase I need to be removed. Councilman Wolfe stated that an appraisal type document was determined to have been used by the City as the required appraisal however, the Federal government does not agree with the use of this document and is therefore denied request for funding of these 2 phases. Two things could be done at this point; one is to seek legislative remedy to change the Parks and Wildlife code, Councilman Wilkerson does not recommend this action at this time, secondly the City could seek legal settlement with Park Consultants Schrickel, Rollins and Associates. This course of action will be explored. Councilman Wilkerson informed the Council that the deed restriction needed to be removed from Phase I construction and informed the Council that he would contact Univest and come back with a proposal. The outstanding payment on Phase II should be paid off in order to avoid additional interest charges. Request for payment of a bill in the amount $18,000.00 has been received from Shrickel, Rollins and Associates. Following discussion on this item Councilman Wilkerson moved that this bill not be paid until a resolution can be made to this item. Mayor Pro Tem Ware seconded; motion carried unanimously with Councilman Wilkerson, Mayor Pro Tom Ware, Councilman Morton, Councilman Smothermon, Councilman Cowman and Councilman Wolfe voted in favor of the motion. Page 5 081286 16. Consider approval of adoption of Personnel Policies and Procedures Manual Item 16: Mayor Duggan stated that he had reviewed this policy manual slightly, however, in order to allow the Council and the department heads further time for review this item would be tabled until the second meeting in September. PLATS 17. Plat Application #86-05-19 - Consider approval of a preliminary plat for Sandy Lake Road/Moore Road Joint Venture on property located on the northwest corner of Sandy Lake Road and Moore Road Item 17: Mr. Tom Wise made the presentation to the Council. He stated at this time that only Lot 3 and Lot 4 on the plat is being requested for approval. Planning and Zoning Commission has approved the entire plat. Following discussion on this item Councilman Wolfe moved that approval be given for Lots 3 and 4. Councilman Cowman seconded; motion carried unanimously with Councilman Wilkerson, Mayor Pro Tem Ware, Councilman Morton, Councilman Smothermon, Councilman Cowman and Councilman Wolfe voted in favor of the motion. CONTRACTS 18. Consider approval of a contract with SVB Real Property Services for consulting services on street assessment program and authorizing the mayor to sign Item 18: Following discussion on this item Councilman Morton moved that the contract with SVB Real Property Services be approved and the Mayor be authorized to sign. Mayor Pro Tem Ware seconded; motion carried unanimously with Councilman Wilkerson, Mayor Pro Tem Ware, Councilman Morton, Councilman Smothermon, Councilman Cowman and Councilman Wolfe voted in favor of the motion. The meeting was then adjourned. ~ Dug~ah, l~a~or ATTEST: Dorothy Ti~s,~y Secretary Page 6 MINUTES 081286 MINITS