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CM 1985-09-10 Minutes of September 10, 1985 The City Council of the City of Coppell met in regular called session on Tuesday, September 10, 1985 at 7:30 p.m. in the Coppell High School Administration Building. The following members were present: Lou Duggan, Mayor Dale Ware, Councilman John Bailey, Councilman Walter PettiJohn, Councilman Bill Smotbermon, Councilman Mayor Pro Tem Thompson was not present. Also present were Administrative Secretary Debbie Layton and City Attorney Larry Jackson. The meeting was called to order and everyone asked to stand while Reverend C. A. McBride led the invocation. MAYOR'S REPORT Item 1: Mayor's Report The Mayor's Report included the following items: (1) Mayor Duggan reminded the audience present of the Citizen's appearance regulations and the time frame for those persons wishing to speak; (2) a letter from the long-term credit bank in Tokyo, Japan; (3) informed the citizens present that an ad had appeared in the Dallas Morning News concerning a temporary concrete hatching plan to be located in Coppell and that in actuality this plant was not in the City limits of Coppell; (4) indicated that the Mockingbird railroad crossing had been approved by the Southern Pacific Railroad Company; (5) expressed a concern that the Council needs to look at a drainage study for all of the northern part of the City east of Denton Tap Road and north of Sandy Lake Road. Councilman Pettijohn moved that the Mayor be authorized to bring forward a proposal for this drainage study; Councilman Smothermon seconded and motion carried 4-0; and (6) a status report from Mr. Kevin Peiffer of City Engineer Wayne Ginn's office, who indicated that Mr. Mike Lee, representative of the Woodridge Homeowner's Association, is meeting with Texas Power & Light to resolve this lighting problem. CITIZEN'S APPEARANCES Item 2: Consider citizens who wish to speak before the City Council Mr. A. J. Callahan, 235 Edgewood, spoke to the Council concerning a letter he bad mailed to the City outlining his feelings on the lack of action by the Police Department on the evening of August 25-27, 1985. Mayor Dug§an informed Mr. Callahan that he had not seen the letter, but that he would do so as well as check into the matter. REQUESTS AND PRESENTATIONS Item 3: Consider approval of a request for annexation of property into the City of Coppell Municipal Utility District (MUD). Request made by J. H. Lacy, Trustee on property located on the southeast corner of Thweatt Road and State Road Mr. Frank Funk, representing Lacy, made the presentation to the Council. He stated that two 30-acre tracts are presently. One of the tracts is in the MUD and one is not. It is their intention to develop the property as one tract and therefore, the request is made for inclusion of the entire area into the MUD. Mr. Funk also stated that he had received approval from the MUD in February, 1985 for this annexation and is now seeking approval from the City. There are no immediate plans for development of this area. At this time, Councilman Smothermon 'indicated a possible conflict of interest since Mr. Funk is a client of Councilman Smothermon's office; therefore, Councilman Smothermon indicated his absention from discussion on this item. Discussion was then held on this item. Following discussion, Councilman Ware moved that this item be tabled until the first Council meeting in October in order that the Mayor have an opportunity to discuss this item with the MUD Board; Councilman Pettijohn seconded and motion carried 3-0. Counciman Smothermon rejoined the Council at this point. PUBLIC HEARINGS Item 4: Zoning Application #85-07-21 - to consider approval of a zoning change by Boardwalk Group for three (3) tracts of land: (1) west tracts I and II--zoning change from "SF-t2" (Single Family 12) to "PD-R" (Planned Development-Retail) on properties located at the intersection of Sandy Lake Road and Lodger Road; and (2) east tract - zoning change from "SF-12" (Single Family 12) to "PD-MFi" (Planned Development/Multi-Family 1) on property located at the southwest corner of Sherwood Park Addition, Section II Date of Planning and Zoning Hearing August 22, 1985 Recommendation of Planning and Zoning Approval Mr. Kirk Williams, representing the applicant, made the presentation to the Council. He stated that twen=y (20) acres of the Office/Retail section of this development will have an early Texas them and that the multi-family units have a maximum density of eighteen (18) units per acre. They will be two-story structure, screened, and the applicants is willing to dedicate any additional right-of-way needed on Sandy Lake Road as well as bringing Lodge Road up to current City standards, which would be a sixty (60) foot right-of-way street. Letters in support of this development were presented from Jenco Nursery, Mr. Hitchcock and Mr. Andrews, adjoining property om-nets. Mayor Duggan declared the public hearing open and asked for those persons who wished to speak for the proposed zoning change. Those persons speaking were Mr. Robert Love, Mr. Harry Crow, Mr. Bill Harris, and Reverend C. A. McBride. Mayor Duggan then asked for those persons who wished to speak against the proposed zoning change. Those persons speaking were Mr. Mike Allen and Mr. Jim Jackson. The public hearing was then declared closed. During discussion by the Council, the applicant agreed to escrow fund necessary for paving their half of Sandy Lake Road. Discussion was also held concerning the legality and/or need for a rehearing since all property owners within two hundred (200) feet had not been notified. Following discussion, Councilman Bailey moved that this zoning change be denied. Motion died for lack of a second. Councilman PettiJohn then moved that this zoning change be approved subject to changes noted by the engineers in their letter filed as a permanent part of the City's records, the escrow of funds for the paving of half of the applicant's portion of Sandy Lake Road, and the legality of rehearing due to lack of notification being checked into; Councilman Ware seconded and motion carried 3-1 with Councilman Bailey voting against the motion. Item 5: Consider approval of a sign variance request by General Homes. The applicant is requesting a variance to the City of Coppell Sign Ordinance, Section i0-8-6(C) - (Signs shall be removed as soon as property to which they refer has been sold, or seventy-five (75%) rented or leased; a sign permit is required). Variances are requested at two (2) locations: (1) 304 Phillips Drive in the Sherwood Park Addition and (2) 557 Parkway Boulevard in the Parkwood Addition Date of Planning and Zoning Hearing August 22, 1985 Recommendation of Planning and Zoning Approval w/stipulation No representative was present to make this presentation to the Council. Mayor Duggan opened the public hearing and asked for those persons who wished to speak in favor of the proposed variance. There were none. He then asked for those persons who wished to speak agains~ the proposed variance. Again, there were none. Mayor Duggan declared the public hearing closed. Councilman Ware moved that the request be denied; Councilman Smothermon seconded and motion carried 3-1 with Councilman Pettijohn voting against the motion. Item 6: Consider approval of a sign variance request by Villages at Cottonwood Creek. Applicant is requesting a variance to Sign Ordinance, Section 10-?-2(A-2) - (Outlining minimum setback requirements and minimum square footage requirements for detached monument signs). The property is located at the intersection of Coppell and Thweatt Roads Date of Planning and Zoning Hearing August 22, 1985 Recommendation of Planning and Zoning Approval w/stipulation Mr. Tony Delbazo of SBS made the presentation to the Council. He stated that the applicant is requesting a variance on the size of the sign to be located at the corner of Coppell and Thweatt Roads. The sign is proposed to be an "L" shaped sign with a masonry base. Planning and Zoning stipulations were to require that the sign be set back further from =he intersection to approximately sixty (60) or seventy (70) feet or to the building line. The sign would be in place for two to three years. 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. Following discussion, Councilman Bailey moved that the variance be approved with the stipulation concerning the sign setback; Councilman Smothermon seconded and motion carried 4-0. Item 7: Consider approval of a sign variance request by Shadowridge Estates. Applicant is requesting a variance to the City of Coppell Sign Ordinance, Section 10-?-2(A-2) - (Outlining minimum setback requirements and minimum square footage requirements for detached monument signs). The property is located on the northwest corner of Denton Tap Road and Bethel School Road Date of Planning and Zoning Hearing August 22, 1985 Recommendation of Planning and Zoning Approval w/stipulation Mr. Keith Parker of Metrocrest Designs, representing the builders in Shadowridge Estates, made the presentation to the Council. He stated that the signs will be a gray, brick base. The Planning and Zoning Commission recommended that the variance be approved with the stipulation that the sign comes down after a seventy-five (75~) percent build-out is achieved. 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. Mayor Duggan then declared the public hearing closed. During discussion of this item, concern ~-as expressed as to the exact location of the sign. Mr. Kevin Peiffer, representative of City Engineer Wayne Gtnn's office, was instructed to confirm that this sign is not on City right-of-way and that a letter be written to Mr. J. C. Thweatt, whose property the sign is to be located upon, confirming that he has no objection to the sign being placed on his property. Following discussion, Councilman Bailey moved that the variance be approved subject to the two above stipulations; Councilman Smothermon seconded and motion carried 4-0. PLATTING ACTION Item 8: Plat Application #85-08-15 - to consider approval of a final plat by Coppell Shake & Shingle on property located on Beltline Road, east of Northlake Drive Date of Planning and Zoning Hearing August 22, 1985 Recommendation of Planning and Zoning Approval Ms. Kathy Ingle, owner of the property, made the presentation to the Council. All requirements of the City have been met as well as any recounnendations fro~ the City's engineers. Following discussion, Councilman Smothermon moved that the final plat on this property be approved; Councilman Bailey seconded and motion carried 4-0. Developer Impact Fees as still due on this property. Item 9: Plat Application ~85-07-25 - to consider approval of a final plat by Gulf Oil Corporation on property located on the southeast corner of Beltline Road and Denton Tap Road Date of Planning and Zoning Hearing August 22, 1985 Recommendation of Planning and Zoning Approval w/stipulation Mr. F. D. Munsterman, representating Gulf Oil Corporation, made the presentation to the Council. All requirements of the City have been met. Following discussion, Councilman Bailey moved that the final plat on this property be approved; Councilman Smothermon seconded and motion carried 4-0. ORDINANCES AND RESOLUTIONS Item 10: Consider ratification of a resolution authorizing the mayor to contract for the purchase of (1) 1.0 acres of land on Moore Road to he used for a fire station site; and (2) 3.67 acres of land on Southwestern Boulevard to be used for a fire station site This item has been placed on the agenda to ratify and clarify any legal questions that might he raised concerning these two land purchases. Following discussion, Councilman Ware moved that these Resolution No. 091085 be approved; Councilman PettiJohn seconded and motion carried 4-0. Councilman Bailey then stated that research has been conducted which indicates that there is not a clear title to the property located on Moore Road. The City Attorney will check into this matter. Item 11: Con~ider approval of an ordinance establishing the position of City Secretary Following discussion, Councilman Smothermon moved that Ordinance No. 338 be approved; Councilman Ware seconded and motion carried 4-0. Item ll-A: Consider approval of an ordinance providing for a public hearing on the Municipal Budget for the fiscal year October 1, 1985 through September 30, 1986 Councilman Smothermon moved that Ordinance No. 337 be approved; Councilman PettiJohn seconded and motion carried 4-0. STAFF REQUESTS Item 12: Consider acceptance of a grant from Wells Fargo Bank towards the purchase of fitness equipment for the Coppell Community Park This item represents approval of a grant from the Wells Fargo Bank and St. Paul Hospital for the purchase of equipment for a fitness center to be located in the Coppell Community Park. Total expense to the City will be $1,880 to obtain the equipment. Following discussion, Councilman Ware moved that the grant be accepted; Councilman Bailey seconded and motion carried 4-0. Item 13: Consider awarding of a bid for the City of Coppell Bank Depository Agreement Councilman Smothermon updated the Council on this item. He informed the Council that only one bid had been received and recommended that the City reject all bids and readvertise. Following discussion, Councilman Smothermon moved that the City reject all bids and readvertise; Councilman Bailey seconded and motion carried 4-0. OTHER BUSINESS Item 14: Approval of Departmental Bills Following discussion, Councilman Ware moved that the hills he approved for payment; Councilman Smothermon seconded and motion carried 4-0. Under additional items, Councilman Bailey read the report from Epsey, Huston, and Associates concerning the environmental impact study recently conducted in the area of Denton Creek. He stated that the report will be delivered to the Texas Water Commission the following morning. Discussion was then held concerning the comittee established to meet with Lewisville involving the City's extraterritorial jurisdiction rights. Following discussion on this item, it was decided that Mayor Du§gan and Council members Ware and Bailey would comprise the committee which would meet with Lewisville to work out these extraterritorial jurisdiction rights. 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 (E) discussion concerning personnel The meeting was then closed to the public for an executive session allowed under the two above stated articles. Following the executive session, the meeting was declared open to the public. Item 17: Consider action based on matters discussed in the executive session Councilman Ware moved that the resignations of Planning and Zoning Co-ordinator Caroline Morris, Administrative Secretary Anita Ransom, Water Utility Servicemen, Robert Schamp, Loyd Borthwick, and Aaron Harthcock be accepted; Councilman Smothermon seconded and motion carried 4-0~ Councilman Smothermon moved that Melissa Enders be hired as a Municipal Court Clerk, that an additional secretarial position in the Inspections Department be approved, and that Linda Varonich as hired as a Code Enforcement Officer; Councilman PettiJohn seconded and motion carried 4-0. Councilman Smothermon moved that Marshal Donaldson be reclassified to Utility Billing Co-ordinator, that Kathy Ottinger be reclassified to Utility Clerk, and that Inspections Secretary Juanita Fikes be approved to work as a part-time position; Councilman Bailey seconded and motion carried 4-0. The meeting was then adjourned. ATTEST: Debbie Layton, Sec~r~ ~