CM 1986-08-26 Minutes of August 26, 1986
The City Council of the City of Coppell met in regular called session on
Tuesday, August 26, 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
Dan Stanton, Councilman
Also present were Interim City Manager Frank Trando, City Secretary
Dorothy Timmons and City Attorney Larry Jackson.
The meeting was called to oFder by Mayor Duggan.
EXECUTIVE SESSION (Closed to the public)
Item 1: Article 6252-17, Section 2 (e) discussion with City Attorney.
A. Discussion concerning legal options on Parks Grant
Application.
The meeting immediately went into Executive Session as allowed under the
above stated article. Following the Executive Session the meeting was
declared open to the public. Mayor Duggan asked everyone to stand while
Councilman Smothermon gave the invocation.
MAYOR'S REPORT
Item 2: Mayor's Report
Mayor Duggan advised the Council that Martha Jo Cozby has been selected
as Coppell's representative for Woman of the Year to be represented at
the Metrocrest Chamber luncheon. He also informed the Council that the
Economic Development Tour through the Metrocrest Commerce is coming up
shortly and asked City Attorney Larry Jackson to review the legalities
as to those expenses that are required to be included in the 1% for
advertising purposes. Following discussion on this item Councilman
Stanton and Councilman Cowman were appointed to work with City Attorney
Larry Jackson to draw up a policy regulating travel requirements for
Mayor, Council and Department Heads. It was the consensus of the
Council that the expenditures for the Metrocrest Chamber Tour would be
subject to approval of this travel expenditure policy.
CITIZEN'S APPEARANCES
Item 3: Consider citizens who wish to speak before the City Council.
There were no citizens who wished to speak before the Council at this
time.
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STAFF REPORTS
Item 4: Discussion and consideration of outstanding issues concerning
Park Grant Application.
Councilman Wilkerson gave a review of the status of the Park Grant
application and it's denial for funding by the Texas Parks and Wildlife
Department. He requested that a consultant be retained to make another
effort to try to obtain a reversal on the decision on denial of funding
and requested that the City Attorney Larry Jackson be instructed to work
''" with the staff to determine to what extent that Park Consultant
Schrickel Rollins and Associates may be held liable for a portion of
the expenses to be incurred. Following further discussion Councilman
Morton moved that Councilman Wilkerson meet with representatives of the
Department of Interior to seek a solution to this problem and that the
expenses of any travel incurred by paid from the Mayor and Council
travel expenditure account. Councilman Stanton seconded; motion carried
unanimously with Councilman Wilkerson, Mayor Pro Tem Ware, Councilman
Morton, Councilman Smothermon, Councilman Cowman, Councilman Wolfe and
Councilman Stanton voted in favor of the motion. Councilman Morton then
moved that Councilman Wilkerson be instructed to check into the use of a
consultant in this appeal process. Councilman Wolfe seconded; motion
carried unanimously with Councilman Wilkerson, Mayor Pro Tem Ware,
Councilman Morton, Councilman Smothermon, Councilman Cowman, Councilman
Wolfe and Councilman Stanton voted in favor of the motion. Councilman
Wilkerson then moved that City Attorney Larry Jackson be instructed to
analyze the City's case on the Park Grant application to investigate the
culpibility of Schrickel Rollins and Associates and to work with the
staff to recoupe any monies possible. Councilman Morton seconded;
motion carried unanimously with Councilman Wilkerson, Mayor Pro Tem
Ware, Councilman Morton, Councilman Smothermon, Councilman Cowman,
Councilman Wolfe and Councilman Stanton voted in favor of the motion.
Councilman Morton then moved that the Interim City Manger Frank Trando
begin procedures for obtaining a new Park Consultant. Councilman Wolfe
seconded; motion carried unanimously with Councilman Wilkerson, Mayor
Pro Tem Ware, Councilman Morton, Councilman Smothermon, Councilman
Cowman, Councilman Wolfe and Councilman Stanton voted in favor of the
motion.
Item 5: Consider approval of payment of bills.
Following discussion on this item Councilman Morton moved that the bills
as listed be approved for payment. Councilman Wilkerson seconded;
motion carried unanimously with Councilman Wilkerson, Mayor Pro Tem
Ware, Councilman Morton, Councilman Smothermon, Councilman Cowman,
Councilman Wolfe and Councilman Stanton voted in favor of the motion.
Item 6: Review of proposal to be sent to the Planning and Zoning
Commission for consideration of an amendment to the zoning
ordinance regulating private clubs.
Following review of this item it was the concensus of the Council that
the amendment be sent to the Planning and Zoning Commission to begin the
Public Hearing process for amendment to the zoning ordinance. No other
action was required on this item.
Item 7: Discussion and consideration of hosting of the XI World Games
of Pelota in the City of Coppell in 1987.
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Mr. W. T. Bill Troth made the presentation to the Council. He informed
the Council that he has received an invitation to host the 1990 World
Games of Pelota. In order to accept this invitation it would be
necessary to construct an additional frontennis court at the present
site on Mockingbird Lane. Temporary bleachers and lighting would need
to be erected. Additional traffic assistance would be required from the
Coppell police department. The third court would be constructed on the
south wall of the existing building, approximately 1500 people are
anticipated to be present over the 10 day period with the games running
no later than I0:00 p.m. each evening. Discussion concerning security,
c~owded traffic control and the association of additional expenses were
then held by the City Council. Following further discussion on this
item Councilman Wilkerson moved that this item be tabled until the
October 14, 1986 Council meeting with the issues of the landscaping, the
zoning, including the apartment and the third court being discussed.
Councilman Wolfe seconded; motion carried unanimously with Councilman
Wilkerson, Mayor Pro Tem Ware, Councilman Morton, Councilman Smothermon,
Councilman Cowman, Councilman Wolfe and Councilman Stanton voted in
favor of the motion.
Item 8: Presentation SVB Real Property Services on progress on the
street assessment program Project Number 1 (Beltliue Road
north-south).
Mr. Bill Vandivort made the presentation to the Council. He reviewed
the procedures for assessing for street improvements and stated that he
felt a work session should be held to discuss the procedures to be
followed by the Council and requested approval to be a notification of
the property o~rners and advertisement procedures. Following discussion
on this item Councilman Wolfe moved that SVB Real Property Services be
instructed to proceed with the notification of property owners on the
street assessment program and to begin advertising requirements for the
Public Hearing process. Councilman Morton seconded; motion carried
unanimously with Councilman Wilkerson, Mayor Pro Tem Ware, Councilman
Morton, Councilman Smothermon, Councilman Cowman, Councilman Wolfe and
Councilman Stanton voted in favor of the motion.
Item SA: Consider appointment of a City Judge.
Following discussion on this item Mayor Pro Tem Ware moved that Don
Stevenson be appointed as the City Judge for a 2 year period beginning
October 1, 1986. Councilman Wolfe seconded; motion carried unanimously
with Councilman Wilkerson, Mayor Pro Tem Ware, Councilman Morton,
Councilman Smothermon, Councilman Cowman, Councilman Wolfe and
Councilman Stanton voted in favor of the motion.
Item 8B: Consider approval of compensation for Acting City Manager.
Following discussion on this item Councilman Wolfe moved that the
Interim City Manager Frank Trando be paid $1000.00 per month on a
perdiem basis effective August 13, 1986 and that with the hiring of a
new City Manager the additional salary would be dropped. Councilman
Morton seconded; motion carried unanimously with Councilman Wilkerson,
Mayor Pro Tem Ware, Councilman Morton, Councilman Smothermon, Councilman
Cowman, Councilman Wolfe and Councilman Stanton voted in favor of the
motion.
Item 8C: Consider setting a date and time for a Public Hearing on
proposed tax rate.
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Following discussion on this item Councilman Morton moved that a Public
Hearing be called for ?:00 p.m. on Tuesday, September 9, 1986 for a
Public Hearing on the proposed 12% increase in tax revenues. Councilman
itanton seconded; motion carried unanimously with Councilman Wilkerson,
Mayor Pro Tem Ware, Councilman Morton, Councilman Smothermon, Councilman
Cowman, Councilman Wolfe and Councilman $tanton voted in favor of the
motion.
ORDINANCES AND RESOLUTIONS
Item 9: Consider approval of a Resolution adopting an approval
statement, approving preliminary plans, and agreeing to accept
conveyance of facilities and responsibilities of maintenance
and authorizing the Mayor to sign.
Mr. Phil Daton and Mr. Tim Lahey made the presentation to the Council.
This agreement gives the City preliminary approval to all road plans and
the City agrees to accept the road when it is completed along with the
maintenance of the road. Mr. Lahey informed the Council that State
requirements are such that the City has to give preliminary approval
before a road district can be formed. City Engineer Ed Powell and
Consulting Engineer John Karlsruher made comments concerning the
proposed road district. Mr. Lahey stated that this does not create any
indebtedness for the City. The bonds for the improvements for the roads
would be financed by tax payments of tbs property owners within the road
district. A small portion which is in the City of Coppell. It is
anticipated that the completion date of this road would be late summer
of 1987. It is anticipated that 3 lanes of the ultimate 6 lane divided
thoroughfare would be built in the beginning. The 3 lanes would have 1
lane of traffic each direction and a turning lane. The City is to
provide the right-of-way on the MacArthur extension from Denton Creek
south to the existing road with the developer paying the construction of
the street. City Engineer Ed Powell stated that he could not recommend
approval of this road district at this time due to several factors which
included the construction of roads using bonds issued by the district,
the delivery of roads that would be free and clear of indebtedness and
the fact that property owners in the district would be assessed a tax to
retire the bonds. Following lengthy discussion on this item Councilman
Wolfe moved that this request be denied. Councilman Cowman seconded;
motion carried unanimously with Councilman Wilkerson, Mayor Pro Tem
Ware, Councilman Morton, Councilman Smothermon, Councilman Cowman,
Councilman Wolfe and Councilman Stanton voted in favor of the motion.
Item 9A: Consider approval of a Resolution authorizing publication of
Notice of Intent to issue Certificates of Obligation and
authorizing the Mayor to sign.
Mr. Bob Dransfield of Hutchinson, Price, Boyle and Brooks made the
presentation to the Council. He is requesting authorization to begin
publication requirements for the issuance of anticipated Certificates
of Obligation. Following discussion on this item Councilman Wilkerson
moved that the bond attorneys be given approval to begin publication of
"Notice of Intent" to issue Certificates of Obligation and that the
Mayor be authorized to sign the Resolution No. 082686.1. Councilman
Morton seconded; motion carried unanimously with Councilman Wilkerson,
Mayor Pro Tem Ware, Councilman Morton, Councilman Smothermon, Councilman
Cowman, Councilman Wolfe and Councilman Stanton voted in favor of the
motion.
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PUBLIC HEARINGS
Item I0: Sign Variance Application ~86-06-05 - PUBLIC HEARING
Consider approval of a sign variance for W~ndance Townhomes
from Section 10-5-18 of the City of Coppell Sign Ordinance on
property located on the southwest corner of Bethel School Road
and Denton Tap Road.
Date of Planning and Zoning Commission - July 24, 1986
Decision of Planning and Zoning - Approved for a
period of six
months (5-0)
There was no applicant present to make this presentation to the Council.
Mayor Duggan delcared the Public Hearing open and asked for those
persons who wished to speak for the proposed zoning change, there were
none. He then asked for those persons who wished to speak against the
proposed zoning change, again there were none. The Public Hearing was
left open at this point and Councilman Morton moved that this item be
tabled to the September 9, 1986 Council meeting. Councilman Cowman
seconded; motion carried unanimously with Councilman Wilkerson, Mayor
Pro Tem Ware, Councilman Morton, Councilman Smothermon, Councilman
Cowman, Councilman Wolfe and Councilman Stanton voted in favor of the
motion.
Item 11: Sign Variance Application #86-05-19 - PUBLIC HEARING
Consider approval of a sign variance for Riverchase
Subdivision from Sections 10-8-6(C) and (E) of the City of
Coppell Sign Ordinance on property located on the south side
of Sandy Lake Road, west of the Elm Fork of the Trinity River
and north of Beltline Road.
Date of Planning and Zoning Com~ission - July 24, 1986
Decision of Planning and Zoning - Approved (5-0)
Mr. Jay Patterson made the presentation to the Council. He stated that
his firm is asking for a variance from the sign ordinance, as well as
approval on the insulation of certain signs that are not spoken to in
the ordinance. Current ordinances would allow approximately
thirty-three hundred (3300) to thirty-six hundred (3600) square feet of
signs to be constructed. The signa§e to be constructed is for temporary
purposes only and would be used to help market the property. 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, again there were none. The Public Hearing was then declared
closed. Mayor Dug§an commended Mr. Patterson on the detail of
application and informed him that it was much more helpful to the
Council in making their determination when details Just as been
presented is included in the application. Following discussion on this
item Councilman Stanton moved that the variance be approved. Councilman
Smothermon seconded; motion carried unanimously with Councilman
Wilkerson, Mayor Pro Tem Ware, Councilman Morton, Councilman Smothermon,
Councilman Cowman, Councilman Wolfe and Councilman Stanton voted in
favor of the motion.
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3600
Item 12: Zoning Application #86-06-17 - PUBLIC HEARING
Consider approval of a zoning change request for Southland
Corporation from "PD-R/S.U.P." Planned Development-Retail with
a Special Use Permit for a grocery and convenience store on
property located on the southeast corner of Sandy Lake Road
and MacArthur Boulevard in the Corners of Coppell Retail
Center.
Date of Planning and Zoning Commission - July 24, 1986
Decision of Planning and Zoning - Approved (5-0)
Mrs. Andrea Foreman and Mr. Daryl Lake made the presentation to the
Council. Previous questions raised by the Council concerning the
location of adjoining building were answered in that the property line
on the far west would not have a building located within twenty (20)
feet of the building on the middle tract. Additionally, the developer
is anticipating saving the 3 large trees that are close to the corner of
this development. 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 declared closed. During discussion by the Council it was determined
that the total number of square feet on the 7-Eleven store would be two
thousand nine hundred and eight-five (2,985). Following further
discussion Councilman Morton moved that this zoning change be approved.
Councilman Wolfe seconded; motion carried unanimously with Councilman
Wilkerson, Mayor Pro Tem Ware, Councilman Morton, Councilman Smothermon,
Councilman Cowman, Councilman Wolfe and Councilman Stanton voted in
favor of the motion.
Item 13: Zoning Application #86-06-17.1 - PUBLIC HEARING
Consider approval of a zoning change request for Southland
Corporation from "PD-R" Planned Development-Retail to
"PD-R/S.U.P." Planned Development Retail with a Special Use
Permit for a gasoline-service station on property located on
the southeast corner of Sandy Lake Road and MacArthur
Boulevard in the Corners of Coppell Retail Center.
Date of Planning and Zoning Commission - July 24, 1986
Decision of Planning and Zoning - Approval (5-0)
Again Mrs. Andrea Foreman and Mr. Daryl Lake made the presentation to
the Council. This request is for a gasoline service station on the same
tract of land as in Item Number 12. Mr. Lake stated that the fuel
filler caps have been relocated as requested by the Planning and Zoning
Commission. The canopy above the gas tanks will be made of panoflex
material. The columns will be brick and no signage will be on the
canopy. Mayor Duggan declared the Public Hearing open and asked for
those persons who wished to speak for the proposed zoning change, there
were none. He then asked for those persons who wished to speak against
the proposed zoning change, again there were none. The Public Hearing
was declared closed. Following discussion on this item Councilman Wolfe
moved that the zoning change be approved as requested. Counclman Morton
seconded; motion carried unanimously with Councilman Wilkerson, Mayor
Pro Tem Ware, Councilman Morton, Councilman Smothermon, Councilman
Cowman, Councilman Wolfe and Councilman Stanton voted in favor of the
motion.
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Item 14: Zoning Application #86-06-17.3 - PUBLIC HEARING
Consider approval of a zoning change request for Southland
Corporation from "PD-R" Planned Development-Retail to
"PD-R/S.U.P." Planned Development Retail with a Special Use
Permit for a deli-food service restaurant on property located
on the southeast corner of Sandy Lake Road and MacArthur
Boulevard in the corners of Coppell Retail Center.
Date of Planning and Zoning Commission - July 24, 1986
Decision of Planning and Zoning - Approved (5-0)
Mrs. Andrea Foreman and Mr. Daryl Lake also made this presentation to
the Council. This request is for a deli food service restaurant on the
same tract as in the 2 previous items. Mr. Lake stated that this deli
food service restaurant would be typical of the one located in Valley
Ranch. It is designed for a take out service rather than sit down
service. Mayor Duggan declared the Public Hearing open and asked for
those persons who wished to speak for proposed zoning change, there were
none. He then asked for those persons who wished to speak against the
proposed zoning change, again there were none. The Public Hearing was
declared closed. Following discussion Councilman Stanton moved that
this zoning change for a deli food restaurant be approved. Councilman
Morton seconded; motion carried unanimously with Councilman Wilkerson,
Mayor Pro Tem Ware, Councilman Morton, Councilman Smothermon,
Councilman Cowman, Councilman Wolfe and Councilman Stanton voted in
favor of the motion.
Item 15: Zoning Application #86-07-09 - PUBLIC HEARING
Consider approvel of a zoning change request for Pizza Rut 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 in the
Corners of Coppell Retail Center.
Date of Planning and Zoning Commission - July 24, 1986
Decision of Planning and Zoning - Approved (5-0)
Mr. Steven C. Hundley made the presentation to the Council. He
presented plans revised from the previous requests and showed that the
changes reflected a location site of the building away from the west
property line. He also stated that this plan offers the advantage of
the east side of the building be next to a fire lane and additional fire
hydrant will be located on the southeast corner and five additional
existing trees would be saved. Mayor Duggan declared the Public Hearing
open and asked for those persons who wished to speak against the
proposed zoning change. Those persons speaking were Mr. Salerno who
questioned it because he had to comply with all City codes. He wanted
this development to also have to comply. Mayor Duggan then asked for
those person who wished to speak for the proposed change, there were
none. The Public Hearing was declared closed. The anticipated size of
the Pizza Hut is two thousand seven hundred and five (2,705) square
feet, however, this does not include the additional patio garden area
that would be constructed at a later date. This area is anticipated to
be approximately three hundred (300) square feet. Mr. Hundley that his
company has been working on a overall design of this tract with an
effort to save as many trees as possible but that there is no guarantee. --~
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One of the trees located on the property line would be able to be saved.
Following discussion on this item Councilman Morton moved that this
zoning change be approved. Councilman Wolfe seconded; motion carried
unanimously with Councilman Wilkerson, Mayor Pro Tem Ware, Councilman
Morton, Counclman Smothermon, Councilman Cowman, Councilman Wolfe and
Councilman Stanton voted in favor of the motion.
FINAL PLAT
Item 16: Final Plat Application ~86-06-16
Consider approval of a final plat for Fairway Drive in the
Riverchase Subdivision on property located north of existing
Beltlfne Road, east of MacArthur Boulevard, south of
Riverchase Drive, and west of the Golf Course.
Date of Planning and Zoning Commission - July 24, 1986
Decison of Planning and Zoning - Approved (5-0)
Mr. Jay Patterson made the presentation to the Council. He stated that
this street is approximately seven hundred (700) feet long with the
right-of-way being sixty (60) feet with a forty-five (45) foot wide
pavement of four undivided lanes. Tara Property is paying for the
street, railroad crossing and bringing the pavement up to the existing
Beltline Road right-of-way. This includes the tie-in to the existing
Beltline Road. Brickpavers that are in the Beltline Road right-of-way
but are a part of the Fairway Drive would also be included. The City
would pay for all curbs in the Beltline Road intersection. The
connection of these streets would be at such time as Beltline Road is
constructed. This request is to start the process of requesting
approval for the railroad crossing. Following discussion on this item
Councilman Wilkerson moved that this plat be approved. Councilman
Stanton seconded; motion carried unanimously with Councilman Wilkerson,
Mayor Pro Tem Ware, Councilman Morton, Councilman Smothermon, Councilman
,--- Cowman, Councilman Wolfe and Councilman Stanton voted in favor of the
motion.
Item 17: Consider approval of an agreement between the City of Coppell
General Telephone Company of the Southwest for Enchanced 911
services and authorizing the mayor to sign
Mr. John C. Medaille made the presentation to the Council. This
agreement would allow the implementation of the Enhanced 911 services
for the City of Coppell. Following discussion on this item Mayor Pro
Tem Ware moved that this agreement be approved and that the Mayor be
authorized to sign. Councilman Stanton seconded; motion carried
unanimously with Councilman Wilkerson, Mayor Pro Tem Ware, Councilman
Morton, Councilman Smothermon, Councilman Cowman, Councilman Wolfe and
Councilman Stanton voted in favor of the motion.
The meeting was adjourned.
Lou Duggan, Mayor
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ATTEST:
Dorothy Tt~ns~o~'ty Secretary
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