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ST8505-AG 860610Mayor Duggan then read a letter from Mr. Tim Hogsett of the Texas Parks and Wildlife Department which stated this department's recommendation on the City's Phase II & III funding requests as well as a concern on Phase I requirements, me letter, in essence, stated that the Parks and Wildlife Department has a problem with the stipulation contained in the deed for Phase I, that funding for Phase II is being withdrawn due to the lack of an appraisal being made prior to negotiation being instituted, and that the application for Phase III is being denied for the same reasons. This letter is a result of the City's concerns with the application process and a request for a state audit to insure that the City was in compliance with state requirements. Discussion by the Council on this item followed with the Mayor appointing a sub-committee composed of Councilman Wilkerson, Mayor Pro Tem Ware, Park Board Chairman Larry Hartshorn, and David McCaskell and Hershel Lindley of Schrickel, Rollins to look into the possibilities of obtaining a reversal on the Parks and Wildlife decision. Park Board Chai~an Larry Hartshorn then requested that the above stated items be withdrawn for future consideration by the Council. Discussion and approval of funding for the construction o Beltline Road east-west, Beltline Road south, and Denton Tap from Beltline Road to Sandy Lake Road. Councilman Bill Smothermon made the presentation to the Council. He reviewed several methods of funding for the above stated roadways and the necessary dollars needed by the City to finance the construction of all included construction costs. Following discussion on this item, Councilman Morton moved that the City institute an assessment program for the construction of Beltline Road, east and west, and it's current alignment. On Denton Tap Road, from it's intersection with Beltline, north to Sandy Lake Road, and on Beltline Road, north and south, from I635 to it's intersection with Denton Tap. Councilman Morton seconded. Motion failed 3-4 with Councilman Smothermon, Councilman Morton and Councilman Cowman, Councilman Wolfe and Councilman Stanton voting Councilman Ware voting in favor of the motion and Councilman Wilkerso~ n then moved that thi taken under advisement and that a work session be held wit~J~ly 30th~ against the motion. Councilman Cowma being a deadline for conclusion of this item. Councilman Wo~~ed the motion. Further discussion followed. Councilman Cowman then amended his motion to change the deadline to July ist or the closest Tuesday to that date; Councilman Wolfe amended the second. Motion failed 3-4 with Councilman Cowman, Councilman Wolfe and Councilman Stanton voting in favor of the motion and Councilman Wilkerson~_J Councilman Ware, Councilman JB~rron and Councilman Smo~_~A- against the motion. Co--an Wil~---e~C~e~a work session be scheduled for Tuesday~ June 17, i~~er explore the assessment program. Coun ' man seconded; motion carried 6-1 with Councilman Wilkerson, Councilman Ware, Councilman Morton, Councilm~n Smothermon and Councilman Stanton voting in favor of the motion and Councilman Cowman voting against the motion. ORDINANCES AND RESOLUTIONS Item 19: Consider approval of an ordinance amending the City Code to create the Economic and Business Development Board. This item was tabled for further review by the Economic Development Board Chairman. ~~e~~n_t ODiscussion and consideration of proposed pav~ Ordinance and setting out the procedures for s~.~~ paving projects. City Consultant Engineer Wayne Ginn made the presentation to the Council. He stated that this Ordinance has been changed per Council instructions to allow for assessments for 90% of the cost of con- struction of the street. Any previous monies that have been paid by developers ¥ill be con,~iJgr~separately and credited with that development s tota~-'~st. Fo~wing discussion, Councilman Ware moved that this Ordina~c~ No. 86-353 b~ approved.. Councilman Morton seconded; motion carried un~~_.~Councilman Wilkerson, Councilman Ware, Councilman Morton, Councilman Smothermon, Councilman Cowman, Councilman Wolfe and Councilman Stanton voting in favor of the motion. BIDS Item 20A: Discussion and consideration of awarding a bid for the construction for the Service Center. Mr. Dick Calvert made the presentation to the Council. He stated that ail bids came in higher than anticipated with the low bid being $730,000. Budgeted bond money was $500,000. In an effort to reduce the cost of construction, several items were deleted and a total bid of $499,212.00 was maintained; however, this allows only for the construction of the warehouse area which would also be used for an office space. It is Mr. Calvert's recommendation that all bids be rejected, that the project be redesigned and re-bid. Following discussion on this item, Councilman Ware moved that all bids be rejected, that the City authorize Calvert and Associates to re-design plans for the construction of a Service Center, and that the City re-advertise. Councilman Morton seconded; motion carried unanimously with Councilman Wilkerson, Councilman Ware, Councilman Morton, Councilman Smothermon, Councilman Cowman, Councilman Wolfe and Councilman Stanton voting in favor of the motion. Item 21: Consider approval of specifications for furniture at the new City Hall. City Finance Director Frank Trando made the presentation to the Council. It is his recommendation that the City advertise for bids for furniture and library shelving for the new City Hall. Following discussion, Councilman Morton moved that the bids be advertised in order to determine actual cost and that prior to awarding of the bid this item come back before the Council. Councilman Stanton seconded; motion carried 5-2 with Councilman Wilkerson, Councilman Morton, Councilman Smothermon, Councilman Cowman and Councilman Stanton voting in favor of the motion and Councilman Ware and Councilman Wolfe voting against the motion. The meeting was then adjourned. Lou Duggan, Mayor ATTEST: Dorothy Timmons, City Secretary MINUTES 061086 MINITS M.y ~ ~ ~ .... ~fv wouldJbe engineered, approved by the CONTRACTS Item 5: Consider approval of a contract for the construction of the intersection of MacArthur Boulevard and Beltline Road and authorizing the Mayor to sign. This item was originally deferred to a later point on the Council agenda due to the lateness of Councilman Bill Smothermon. Prior to discussion on this item, Mayor Duggan requested City Attorney Larry Jackson to make a determination if a conflict of interest existed concerning Councilman Morton and his possible litigation with Triland Development Corporation. City Attorney Larry Jackson stated that Councilman Morton should be allowed to take part in the discussion concerning this contract and his participation would not at this point constitute a conflict of interest. City Attorney Larry Jackson then informed the Council that half the cost of the construction of this intersection would be born by Terra Properties with the remaining one-half to be applied against any assessm~~im~l~ts on d east and west. With the approval of this contract: ~~Cr°ss~leted' Mr. Jay Patterson stated that Terra Properties will be pay for the entire cost of signalization of this intersection. The cost of the intersection is include pavers, paver bonds,~8-inch reinforced concrete, 6-inch to integral curb, lti~te head walls and any additional items normally used in the construction of a intersection. A decision on this contract was deferred until after discussion and consideration on Item No. 18. Following discussion on Item No. 18, it was the consensus of the Council to hold up on the construction of the permanent intersection of MacArthur Boulevard and to build the temporary c~ at Allen Road. PUBLIC HEARINGS Item 6: Zoning Application #86-03-17 To consider approval of a zoning change request for Judy Troth Parsons from "PD-SF-9" Planned Development Single Family - 9 to "PD-SF-9/S.U.P. Planned Development Single Family - 9 with a Special Use Permit for stucco construction on property located on Swan Lane, Block G, Lot #5 of Phase 6 of Northlake Woodlands East. Date of Planning & Zoning - May 15, 1986 Recommendation of Planning & Zoning - Approval 4-0 Mrs. Judy Troth Parsons and Mr. David Schrum made the presentation to the Council. Mr. stated that the construction is not really a stucco type construction but a three part wire mesh with a scratch and finish coat and is really a plaster type material as opposed to a stucco. The roof will be a slate roof. Mayor Duggan declared the Public Hearing open and asked for those persons who wished to speak for the proposed zoning change. There was none. He then asked for those persons who wished to speak against the proposed change. Again there was none. The Public Hearing was then declared closed. Following discussion, Councilman Ware moved that the zoning change be approved. Councilman Stanton seconded, motion carried unanimously with Councilman Wilkerson, Councilman Ware, Councilman Morton, Councilman Cowman, Councilman Wolfe and Councilman Stanton voting in favor of the motion. AN OimUA"CS OF THS C~TY OP coPPm, L, TSXAS AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, PRESCRIBING A POLICY OF STREET PAVING A88E88MKNT8 FOR THE CITY O~ COPPELL, TEXA8, CONT~NG CKRT~N DEFlaTIONS; PRO~NG FOR THE C~T TO BE INCLUD~ IN 8UCH . A~MKNT; PRO~DING POR A MA~MUM INTEREST RATE ON A~M~N~ WHICH ARR PAID 8EMI-ANNUALLY AND THE NUMBER OP [NNTALLMK8~ MOT TO KXCKRD ~GHT (8); REPKA~NG ANY PART OF ANY ORDINANCE 18 CONF~CT WITH ORDINANCE; PRO~DING A SEVERA~TY CLA~E; A~ ~TAB~S~NO [FFBC~VK DATE. W~RB~ ~ Artiolo 1176 (18)and Arttele l105b, Vtrn~'l ~otated Ci~I Statute, t~ hws of the State of Te~o ~ovide t~t t~ City ~ C~U may ~l t~ strum to ~ im~ov~ a~ may lo~ m~menM for otroet Im~owmen~ ~ foUowo: A. T~ City ~uneil may, pum~nt to Article tl05b, Vern~ Annotated Civil Statutes. ~termlne t~ ~eeaslty f~, a~ order, t~ lm~ovement of any street or ~rt thereof wit~n the City or lyi~ outMde t~ City as permitt~ by Mid s~tute, a~ may e~traet f~ t~ e~tr~tl~ of I~h im~ovem~ in t~ ~me of t~ City and provide f~ ~yment of t~ e~t of such im~ovemefl~ by the City. or ~rtly by the City n~ ~tly by a~e~men~ ~ ~rei~fter provi~d. B. T~ City may, ~ ordt~nee, aaMe~ all oF the ~t or mush e~truetl~. reeo~truetlng, repairi~ n~ realigm~ of e~, gutto~, a~ sidewalks, a~ may make an mmment not ex~i~ mn~t~tM of t~ estimated e~t of lm~ovemen~ exelmive of e~. gutte~, n~ Mdewalks. agai~t t~ ~o~rty ~n the street or ~rti~ ther~r ~r~ to be lm~ov~, a~ agal~t t~ owner of sueh pro~rty. C. T~ City may provi~ the time, terms, a~ e~lti~ of ~yment defaulM of such a~ment., a~ preseri~ t~ rate or Inter~t t~reon. ~t to exee~ t~ ma~m~ inter~t ~t forth in Article 1105~. Vern~'s Annotat~ Civil Statute. D. Such aaa.-..ment &gainat abutting property ,hall be a first and prtor lien thereon from the date Improvements are ordered and ~mll be a personal ti&billt¥ and charge against the true owner or owners of such property at ·ald date. whether named or not. The City Council may .~-uae to be Issued in the name of the City. aaslgnable certificates in evidenee of aueh aaneaement~ an provided for in said statute. E. Before such improvements are actually constructed, and before any hearing provided by law is held. the govermng body shall prepare an estimate of rent of such Improvements. end in no event shall more than all the eoet of eormtrueting, reconstructing, repairing and realigning em'be, gutters, and sidewalks, and nine=tenths of the remaining coat of suoh improvements as shown on such eutimate be &aaeaaed against &ueh abutting property owners thereof. F. The part of the eo~t of improvements on each portion of sueh street ordered improved which may be 8a~essed against abutting property end the owners thereof shall bo apportioned along the pareelJ~ of abutting property and owners thereof, in accordance with the Front Foot plan or rule unleu5 the City CouneU, in partleular eases, determines that sueh would result in an injustice or an inequity and, therefore, provide foe a~aeasment of said emt in such proportion as may be equitable, having in view the special benefits in enhanced value to be received by such petrels of property and · , ~-~ the owners thereof. The City Council shall not fix a lien against any ,. J~,.?~ tnterest in property which ia exempt at the time the improvement i.~ --'/" ~' '" "~ u u ~th--e--o~~ " - ' r~ ordered, of such property Ihall nevertheless be personally liable for any such a~essment. G. No assessment shall be made against any abutting proi}erty owner or owner~ until after notice and opportunity for hearing aa provided for in Article 1105b. Vernon'a Annotated Civil Statutes. and no Maea~ment shall he made agalrmt any abutting property or owners thereof in egee,~ of the speel,I benefits of such property, and its owners in the enhanced value thereor by mear~ of aueh improvement~ a~ determined at such hearing. Pursuant to Artiele 1105b (9). Vernon's Annotated Civil Statutes. notice shall be by advertisement inserted at least three (3) times in some newspaper published in t~ City where such special e~m~t t~ b to ~ im~Md; t~ fl~t p~il~tiofl of such notice of hearing to ~ M~ at leant twenty- ~e (21) ~ys ~f~e t~ date of t~ ~i~; a~, nddltlo~! written notice of he~i~ s~li ~ ~ven ~ de~tti~ iff t~ UNt~ 8titm mail, it le~t re.teen (t4) .~s ~f~o the date of t~ ~J~. written notice of the ~i~, ~tage r~etlve pr~rtim mbutti~ such street ~ ~ti~ ~ ~tlo~ thereof to ~ import, ~ t~ ~mm of suoh owners arm m~wn ~ the then ourreflt render~ tax ro~ of 8ueh City and at t~ addr~ ~ n~wn, ~ if the ~m~ of such owners ~ not spear off such re~ tax rolls, then addr~ to eueh owne~ as their ~m~ are a~wn ~ t~ current unrender~ ro~ o~ t~ City at the a~re~ shown t~re~. T~ ~me notl~ provi~i~ a~U slid ~ appil~ to uny railway, ~ street railway mi~, ~eu~yi~ ~ er~i~ any street, porti~ ~ ~tio~ t~reot to be tm~ove~ street railway tot such im~ovemen~. T~ ~b~ehment of t~ st~et aaa~ent ~n~ ~ ~ pu~nt to t~ ~o~o~ not lnte~ to reduce or enlarge upon such rights, dutl~, a~ requiremen~ M ~e eatablimh~ ~ ~id statute or any a~a~nt mmm~men~ thereto, a~ any eontliet statute. W~R~, t~ ~ity ~uneil ot t~ ~ity o~ Cop~ii, Tee, ~i~ ~o em~wered ~w. ~m hereby prom~gate a~ t~a ~nem ~il herml~rter ~ known ~ t~ Street ~ent Ordl~nee City Of ~il, Te~a. NOW, THEREPORE, BE IT ORDAINED BY THE CITY ~OUN~IL DP THE ~ITY COPPELL, TEXAS: SECTION ~. 8TRRRT ~MRNT POM~Y T~ ~ f~ street ~vi~ a~en~ in the ~ity of C~U e~ll ~ as follows: &. Improvements. Streets shell oonteln a plved surfeoe, phi two (2) feet of curb ~nd gutter se=tion ~ each .I~, i m~nimum o~ ~our (4) f~t wide II~wllkl Off each iJde, or wider where needed, p~d ~lvew~ ~ nee~. · he ~ved ~ur~Aee sh~l ~ ~nerete, ~ requir~ b~ the CIt~ o~ Cop~ll. B. ~e~ment Pol~. Pro~rty ow~e~ Bbu[tl~ ~ Iloh Ii~ o~ the air.et Ihlll ~ maned ~ the front ~oot ~d ~ fo~ows: 1. Ninety ~reent (9OS) of the ~st of the lm~ovement, relating to ~vement for ~lf of the width of the atP,et abuttlni the ~o~rty. lm~ovementa shall include exeavAti~, lime stabilization ~e. ~nerete. eniineerin~ ~t. and ail other ~ of all incidents and a~urten~e~ thereto. ~he e~Ts for street lights. ~n~o~pinl. ~d traffic ,i~lllzlti~ will not ~ inelu4~ ~ ~men~. One h~ed ~reent OOO~) o~ one-haLt ot t~ ~t of eo~truetlon of eur~ ~d iutte~, storm sewe~, and ~elitK ~lineie taeilltie,. 3. One h~ed ~reent (~0~) of ~e-hait of t~ ~ of ~onatruetion or aid,walks. ~he ~t ~ed aEainst said owner~ ~d their ~o~rt~ shi~ ~ ~able ~n semF~nu~ lnsta~men~ not to exceed eight (a) in numar, the lint of which sha~ ~ ~y~le with~ thirt~ (30) ~, from ~te of ~mpletion of ~l*d ~ovement, ~d their aooept~ by the Cit~ of Cop~ll, ~d ~e (~) in~tat~ment eaeh Nml=~ul~y thereafter ~tll ~id, together with ~ter~t there~ at the rate of the ~eater of the followin8 two fmt~: Right ~re~t (8~) ~r ~num, or 3. T~ rate ~y~le by the City ~ it~ m~t recently ~d ~et~ obiJsatl~ ~n~, determined ~ of the date of the notice to ~o~ety owne~, with the ~ovision that ~y said inetaliment may ~ ~0 at ~y time ~fore maturity by ~ym~t of ~Jnel~ and aeeru~ interest thereon. Any ~o~rty owner asatn~t w~ ~d ~ai~t wh~e ~o~rty ~ ~e~ment h~ been levl~ may ~y the whole ~ment eharSe~le to him without inter~t withm thirty {36) ~ya after the aeeept~ ~d ~m~eti~ of said im~ovementL SECTION 3. RatP"~Al, illO CLAVIER AU ordinances, or p~rtl of ordinances, inooniiltent or tn oontliot with the provision~ of thio ordinance are hereby repeated. Iiowever, the repeal of exlutlng ordtnmn(~es by this ordtnmnee shell not al*feet or preveflt the prole(~ution or punishment of any person for any eot done or committed prior to the effective d~te of this ordinanoe tn violation of any ordinance hereby repeated; and prosecution for lueh offenses may be instituted and eases presently pending proceeded with in ail respect" as if such prior ordinance or ordinances had not been repealed. iS£CTIO# 4. BEVstitABIL,rrY CLAI,~R if amy article, paragraph or subdivision, clause or provision of this ordtnanee shall be adjudged invalid or held unconstitutional, the same shall not affe(:t the validity of tala ordinanoe as a whole or any part or provision thereof, other than the &)art so daoided to be invalid or unoonstttutional. SECTION 5, stl*l~RC'l'lVi~ DAT"t This ordinanoe shall take effect imme(iietely from and &tier the publication of it. o&ption, as the Saw in such eases provides. DULY PA~A) by the City Counoil of the City of C, oppllJ, Taxes, this the ]'~)'~- d~y of (~~ , 1966. APPROVED: APPROVED A~ TO FORM: fl¸ ATTF~T: