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Oakbend-AG 900522k~-RTI~G !~ 22r 1990 I'rFA~ Consideration of approval of a resolution for annexation of property into the City of Coppell Utility District {M.U.D.) requested by Ceutex Realty Corp. on property located on the southeast corner of Thweatt Road and State Road. SUBMITTED BY: (Director's Signature) STAFF REP.: Frank Trando ~ Deputy C.M. / Finance Director OTHER REP.: ~UATION_O_EJTEM: DATE: Centex Realty Corp. has petitioned the Municipal Utility District to allow them to be annexed into the Municipal Utility District #1. The directors of the Municipal Utillty District have tentatively approved this request, subject to the approval of the Council. This is for 20.8165 acres. As some Councilmembers may remember, in October of I985 the City Council did approve a tract of land to be almexed into the Municipal Utility District, which consisted of 29.96 acres. That tract of land uwned by J.H. Lacey was never officially annexed into the Municipal Utility District. BUDGET AMT. AMT +/- BUDGET AMT. E~TRD ,_ FINANCIAL REVIEW BY REVIEWED BY CM: ~ . ..., COPPELL MUNICIPAL UTILITY DISTRICT NO. 1 8300 DOUGLAS, SUITE 800 DALLAS, TEXAS 75225 (214) 691-9448 May 4, 1990 Mr. Alan Ratliff City Manager P.O. Box 478 Coppell, TX 75019 Dear Mr. Ratliff: Centex Realty Corporation has petitioned the District to annex its 20.8165 acres within the proposed Oakbend Subdivision which is outside the District's boundaries. After due consideration, the District has approved annexation of said property subject to the approval and consent thereof by the City of Coppell. Accordingly, the District hereby requests that the Coppell City Council consider and grant its approval and consent for the District to annex the 20.8165 acres more particularly described in Exhibit A attached hereto and made a part hereof for all purposes. If the City should determine to grant said request, please provide us with five (5) executed or certified copies of the Resolution or Ordinance of the City Council taking such action. If you should need additional information, please advise in due course. JLM:pwp/bs CC: Mr. Steve Stolte Centex Realty Corp Yours very truly, President EXHIBIT FIELD NOTES AREA OF PROPOSED ANNEXATION BEING a tract of land situated in the Jesse Moore Survey, Abstract No. 968, in the City of Coppell, Dallas County, Texas, and being a portion of a tract of land conveyed to Ervin W. Beale by deed recorded in Volume 3294, page 470, of the Deed Records of Dallas County, Texas (DRDC'F); BEGINNING at a point lying on the east line of said Beale Tract and being on the south line of Thweatt road (a 50-foot right-of-way); 'THENCE, South 00 ° 16' 10' East, 1283.99 feet along the east line of the Beale Tract to its southeast comer;, THENCE, South 89' 09' 10" West, 1015.22 feet along the south line of the Beale Tract to a point on the east line of State Road; THENCE, North 00 ° 34' 35" West, along the east line of State Road, 505.06 feet to a point; THENCE, North 89' 11' 38" East, 473.27 feet to the beginning of a curve to the left having a central angle of 89' 27' 48", a radius of 40.00 feet, and a tangent length of 39.63 feet; THENCE, along said curve, an arc distance of 62.46 feet to its point of tangency; THENCE, North 00 ° 16' 10" West, 738.69 feet to a point on the south line of Thweatt Road; THENCE, North 89 ° 02' 33" East, 505.04 feet along said South line of Thweatt Road to the POINT OF BEGINNING and containing 20.8165 acres or 909,768 square feet of land. II. III. IV. TJhe City With A Beautiful'Future CITY OF COPPELL City Council Agenda Request AGENDA DATE REQUESTED: P. O. Box 478 Coppell, Texas 75019 214 - 462 - OO22 RECOMMENDED ITEM CAPTION: Consider Approval of a request for znnexatlon of prop.r*y {.*n *h~ C~i+y ~¢ Coppell Municipal Utility District (MUD). Request made by J.H. Lacy on property located on the Southeast corner of Thweatt Road SUMMARY DESCRIPTION OF THE ITEM: STAFF REPRESENTATIVE(S) TO ATTEND COUNCIL MEETING: VI. RECOMMENDED TO BE DISCUSSED AT PRE-COUNCIL BRIEFING: YES[]NO[] SUPPORT MATERIAL: SUBMITTED~ DUE[] DATE SUBMITTED TO CITY ATTORNEY'S OFFICE FOR PREPARATION OF ANY LEGAL DOCUMENT, ORDINANCE, RESOLUTION, ETC: VIII. FINANCIAL REVIEW: BUDGETED ITEM [ ] NON-BUDGETED ITEM [ ] ORIGINAL ESTIMATE OR BUDGET $ CURRENT ESTIMATE $ AMOUNT UNDER OR OVER BUDGET $ IX. SUBMITTED BY: APPROVAL OF CITY MANAGER'S OFFICE: Xe SOURCE OF FUNDING: BOND F~DS [ OPERATING BUDGET [ OTHER ACCT. NO. HOLD[ ] The City Witl~!'~A Beautiful Future P. O. Box 478 Col~pell. Texas 75019 214 - 462 - 002:2 CITY OF COPPELL City Council Agenda Request AGENDA DATE REQUESTED: October 8~ 1985 II--- RECOMMENDED ITEM CAPTION: Consider Approval of a request for annexation of into the City of Coppell Municipal Utility District Request made by J.H. Lacy, Trustee on property ]ncRePR nn the Southeast corner.of Thweatt Road and ~ate Rnad- III. SUMMARY DESCRIPTION OF'THE ITEM: STAFF. ~R~RESENTATIVE(S) TO ATTEND COUNCIL MEETING: VI. VII. RECOMMENDED TO BE DISCUSSED AT PRE-COUNCIL BRIEFING: YES[ ]NO[ ] ]:)~TE SOBM.[TTED TO CI~ ~TTORI~-'~'S O~FI(:3~.FOP. PRF.~TION OF ~ LEGAL DOCUMENT, ORDINANCE, RESOLUTION, ETC: VIII. FINANCIAL REVIEW: BUDGETED ZTE~ [ ] NON-BUDGETED ITEM [ ] ORIGINAL: ESTIMATE OK BUDGET $ CURRENT ESTIMATE -. $ ~om~ UNOz~ Oa OvZ~ ~UD~ZT $ SUBMITTED BY: Dorothy Timmons, City Secretary APPROVAL OF CITY MANAGER'S OFFICE: SOURCE OF FUNDING: -- so~m ~DS [ ] 0~~ ~o~s~ [ ] ~.-:,.~.-..., ...... ~ ..... .~ . [ ] ACCTi; NO. -OLZ) [ ] J. H. LACY, TRUSTEE September 5, 1985 Honorable Mayor and City Council City of Coppell, Texas Re: Beal Tract, Approx. 29.960 acres located at SE corner of Thweatt and State Roads Gentlemen: We request your consideration of our application to annex the above-referenced property into the Municipal Utility District #1. Please note that prior approval has been granted by the District. It is most likely that this property will develop with our 29.802 acre tract immediately to the south which is already in the District. We believe that your favorable action on this request will be mutually beneficial. Respectfully, dr. H. Lac~, Trustee JHL/sk EXHIBIT "A" Being a tract of land situated in the Jesse Moore Su:-vey, Abstract No. 968, Dallas County, Texas, and-being all of a tract of land conveyed to Ervin W. Beal by Harry V. Lehman, et ux, as described in deed recorded in Volume 3294, Page 470, Deed Records, Dallas County, Texas, and being more particularly described as follows: BEGIE~ING at an iron rod set at the intersection of the South line of Thweztt Road (a 50' R.O.W.) and the East line of State Road No. 108; ! TF.~NCE N 89° &5' 55" E, 1022.35 feet along the said South line of Thwea~t Road, and along a fence line to a.n iron pipe found; THENCE S 0° 25' &8" W, 1283.30 feet, along a fence line, and along a called 2.95 acre tract of land.conveyed to Thomas J. McHale, to an iron pipe found; ,-HENCE S 89° 50' 05" W, 1012.65 feet, algng a fence line to an iron pipe found in the aforementioned East line of State Road No. 108; THENCE N 0° 00' 10" W, 1281.99 feet, along the said East line of State Road No. 108, to the place of beginning and containing 29.960 acres of land, more or less. :1 O0 ,~ ,OC 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 Smothermon, 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 batching plan to be locater 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 had 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 Duggan informed Mr. Callahan that he had not seen the letter, but that he would do so as well as check into the matter. REQUESTS A~ 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, Ccuncilman 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-i2" (Single Family 12) to "PD-R~' (Planned Development-Retail) on properties located at the intersection of Sandy Lake Road and Lodget Road; and (2) east tract - zoning change from "SF-12" (Single Family 12) to "PD-MFi" (Planned Development/Multi-Family I) on property located at the southwest corner of Sherwood Park Addition, Section II Date of Planning and Zoning 5earing Recommendation of Planning and Zoning August 22, t985 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 kave 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 o~-ners. 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 kearing 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-i 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 10-8-6(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 Recommendation of Planning and Zoning August 22, 1985 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 against the proposed variance. Again, there were none. Mayor Duggan declared the public hearimg 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 Cottomwood Creek. Applicant is requesting a variance to Sign Ordinance, Section 10-7-2(A-2) - (Outlining minimum setback requirements and minimum square footage requirements for detached monument signs). The property is located at the intersection of Coppeli and Thweatt Roads Date of Planning and Zoning Hearing Recommendation of Planning and Zoning August 22, 1985 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 the 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 Mr. F. D. Munsterman, representating Gulf Oil Corporation, made the presentation to the Council. Ail 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 be 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 be 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 i1: 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 Il-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 bills be 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 committee established to meet with Lewisville involving the City's extraterritorial jurisdiction rights. Following discussion on this item, it was decided that Mayor Duggan 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 (g) 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 reclassifie4 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: Lou Duggan, Mayor Debbie Layton, Secretary Minutes of October 8, 1985 The City Council of the City of Coppell met in regular called session on Tuesday, October 8, 1985 at 7:00 p.m. for executive session and 7:30 p.m. for regular session in the Coppell High School Administration Building. The following members were present: Lou Duggan, Mayor Bunny Thompson, Mayor Pro Tem Dale Ware, Councilman John Bailey, Councilman Walter Pettijohn, Councilman Bill Smothermon, Councilman Also present were City Secretary Dorothy Timmons, and City Attorney Larry Jackson. Mayor Duggan called the meeting to order. EXECUTIVE SESSION: (Closed to Public) Item i: Article 6252-17, Section 2 (e) discussion with City Attorney. Item 2: Article 6252-17, Section 2 (g) discussion concerning personnel. The meeting was then closed to the public for an executive session as allowed under the above stated articles. Following the executive session the meeting was declared open to the public. The invocation was given by Councilman Bill Smothermon. MAYOR'S REPORT Item 3: Mayor's Report Mayor Duggan reminded those citizens present who wish to speak before the Council of the rules and regulations governing that particular item. CITIZEN'S APPEA~CES Item 4: Consider citizens who wish to speak before the City Council Mayor Duggan recognized Mr. Steve Truex of 516 Bethel School Road stated he would like information on engineering improvements to Bethel School Road. Mayor Duggan also recognized Mrs. Ellen Fugett of 345 Lakewood Court who wished to address the Council concerning the no~se ordinance and problems experienced in her neighborhood with speeding and questioned how many citations had been issued for violations to tb~s ordinance. PERSONNEL Item 5: Consider hiring of a City Administrator. Councilman Smothermon moved that Mr. Frank Proctor be hired as City Manager effective November 1, 1985 under the terms and conditions negotiated by Mayor Duggan; Councilman Pettijohn seconded motion carried 5-0. The City will provide Health, Life and Dental Insurance for both Mr. Proctor and his spouse. The City will provide a vehicle with a three year drive out period. Retirement benefits will be paid to Mr. Proctor rather than to TMRS fund. The salary for Mr. Proctor is $48,000.00 with a review in six months. Gas, oil and expenses for moving will be paid with Mr. Proctor furnishing his own vehicle for the move. The City will not require Mr. Proctor to move to Coppell, but will allow him to live in his own home in North Richland Hills but will require a metro phone line to be installed for easier contact. REQUESTS AN~ PRESENTATIONS Item 6: Mr. John Kidd representing Univest Corporation made the presentation to the Council, also present were Mr. Mike Allen, Mr. Glen Hinckley and Mr. Mike Baggett attorney for Univest. Mr. Kidd stated that the original proposal of August 4, 1982 that was entered into between Univest Corporation and City and subsequently amended as of December 30, 1982 provided for the City to purchase 165 acreas at one-half the appraised value. The contract allows 915 thousand cnbic yards of dirt to be removed from the area that is located east of Denton Tap Road and north Parkway Boulevard. The City has approximately $500,055.00 in escrow funds which Mr. Kidd stated he would give back to the City, wait for 5 years and if the City wished to buy the property at half the value of the land at that time he would agree to that purchase. Approximately six feet of dirt has been removed and put on the site where the municipal complex is located. Mayor Duggan informed Mr. Kidd that the issue was not whether to purchase a park or not to purchase a park but the lack of information and communication concerning the removal of the dirt had brought about this item being placed on the agenda. A lengthy discussion then followed between principals of Univest and the City Council of which a tape detailing the entire discussion is filed as a permanent part of the City records. Following discussion on this item Councilman Ware moved that the City authorize a meeting between Schrickel Rollins, city park consultants, Wayne Ginn, City Engineer and Threadgill-Dowdy engineer for Univest Corporation the following Wednesday at the office of Threadgill-Dowdy to decide if the grating of the plan is a workable plan. Motion also included that the work would be stopped until after Monday night October 14, 1985 when a special meeting would be called to further discuss this subject. Councilman Bailey seconded the motion which carried 5-0. Item 6A: Mr. Glen Hinckley made this presentation to the Council; his request and ruling from the City on the certificates of occupancy in the Town Oak Center. He stated that these CO's have been denied because of landscaping requirements. Discussion was held concerning the issuance of these CO's and it was determined that Mr. Hinckley would visit with the Director of Public Works to work out a final solution to this problem. No action was required by the City. Item 7: Mr. Paul Beeler and Mr. Dale Gardner representing the Carrollton Farmer's Branch Independent School District made the presentation to the Council; he stated that the mobile home is contained on a forty-two acre farm that is used for school purposes and that it was installed to discourage vandalism and theft. Following discussion on this item Councilman Pettijohn moved that this temporary mobile home permit be approved for an additional year. Councilman Smothermon seconded motion carried 5-0. Item 8: Councilman Smothermon withdrew from Council at this point due to a possible conflict of interest. Mr. Frank Funk made the presentation to the Council. Following presentation Mayor Duggan stated that he has received a response from the MUD Board concerning this project and that at this point it is up to the City to determine approval or disapproval for annexation into the MUD district. Discussion was held between the applicant and Council concerning the rebate of the annexation fees. Following discussion Councilman Ware moved that this appliaation be denied motion died for lack of second. Following further discussion Councilman Ware again moved that this application for annexation into the MUD be denied, Councilman Pettijohn seconded motion failed 2-3 with Councilman Ware and Pettijohn voting for motion Mayor Pro-Tem Thompson and Councilman Bailey voting against motion and the Mayor breaking the tie to fail the motion. Again discussion followed after which Mayor Pro Tem Thompson moved that this application for annexation into the ~ district be approved. Councilman Bailey seconded motion carried 3-2 with Councilman Ware and Pettijohn voting against the motion and the Mayor breaking the tie to vote for the motion; Councilman Smothermon rejoined the Council at this point. Item 8A: Following discussion on this item Councilman Ware moved that resolution No. 100885.1 be approved. Councilman Smothermon seconded motion carried 5-0. A copy of this resolution will be sent to the Vice-Premiere of the Republic of China. PUBLIC HEARINGS Item 9: Mr. Mark John was present and informed the Council that at this point they are withdrawing their request for zoning on all tracts of land. PLATTING ACTIONS - PRELIMINARY Item 10: Councilman Ware moved that this item be tabled to the October 22, 1985 Council Meeting, Councilman Smothermon seconded motion carried 5-0. CONTRACTS Item 11: Mr. David McCaskill representing Schrickel Rollins was present in the audience and stated that this item has been worked out between the contractor and no longer requires Council action. BIDS Item 12: Councilman Smothermon made the presentation to the Council; he stated that the low bid to Municipal Software Corporation for the required system in the amount of $96,632.00 represents the low bid. Following discussion on this item Councilman Ware moved that the bid be awarded to Municipal Software Corporation in the amount of $96,632.00 which represents the required system without any optional bids. Councilman Bailey seconded motion 4-0-1 with Councilman Smothermon abstaining from voting. Item 13: Mayor Duggan withdrew from the Council due to a possible conflict of interest on this item. Following discussion on this item Councilman Bailey moved that Independent Bank Coppell be accepted as the Bank's official depository for the next two years beginning October 8, 1985; Councilman Pettijohn seconded motion carried 5-0. Item 14: Fire Chief Jackie Mayfield made the presentation to the Council; he stated that United Technology Communications is the low bidder in the amount of $4,490.00. It is his reco~endation that this bid for the installation of the Telephone/Paging Intercom System be awarded to United Technology Communications. Following discussion Mayor Pro Tem Thompson moved that this item be tabled pending confirmation of the maintenance of this company. Councilman Ware seconded motion carried 5-0. Item 15: Fire Chief Jackie Mayfield recommended that this bid be awarded to Casco Industries in the amount of $11,200.00. Following discussion Councilman Bailey moved that the recommendatio~ of the Fire Chief be accepted; Mayor Pro Tem Thompson seconded motion carried 5-0. OTHER BUSINESS Item 16: Approval of minutes There being no minutes to consider for approval at this time no action was required on this item. Item 17: Approval of Departmental Bills Councilman Smothermon moved that the bills be approved for payment, Councilman Pettijohn seconded motion carried 5-0. EXECUTIVE SESSION (closed to the public) Item 18: Article 6252-17, Section 2 (e) discussion with City Attorney. Item 19: Article 6252-17, Section 2 (g) discussion regarding personnel. The meeting was then closed for executive session as allowed under the two above stated articles. Following the executive session the meeting was declared open to the public. PERSONNEL Item 20: Councilman Smothermon moved that Mr. Jim King, Mr. Jim Nordstrom, and Mr. Ray Smedul be appointed to serve as two year terms on the Board of Adjustments with Mr. Jim Sowards being appointed as an alternate to fill the unexpired one year term and Mr. Tom Chapman being appointed as a fourth alternate to fill a two year term. Councilman Ware then moved that Mr. Ray Smedul, Mr. Perry Jasiecki and Mr. Steve Eberhardt be appointed to the Planning and Zoning Commission. Councilman Smothermon seconded motion carried 5-0. Councilman Ware then moved Mrs. Laura Edwards and Mrs. Joy Quirk be appointed to fill the two unexpired one year terms on the Library Board and that Mr. John Hill, Mrs. Cecelia Jensen and Mrs. Leslie Seymour be appointed for the two year terms. Councilman Pettijohn seconded motion carried 5-0. Councilman Ware moved that Mr. David Emanuel, Mr. Don Ballard and Mr. Lee Richardson be appointed to fill the two year terms on the Park Board.. Councilman PettiJohn seconded motion carried 3-2 with Mayor Pro Tem Thompson and Councilman Bailey voting against the motion. The minutes reflect that Mayor Pro Tem Thompson and Councilman Bailey are not opposed to the appointment of the Board Members but to the removal of the previous Chairman Don Morris. Item 21: Councilman Pettijohn moved that the position of Secretary in the Inspections Department be filled by Juanita Fikes be approved as a full time position. The position of Utility Serviceman be up-graded to Meter Reader Coordinator from Class I to Class 6; that the hiring of David Pearce effective October 9, 1985 as Utility Serviceman be approved; that the hiring of Nathan Jacobs effective October 23, 1985 as Utilities Serviceman be approved; that the hiring of Robert L. McNeally effective October 9, 1985 as Parks Department employee be approved and that the hiring of Larry J. Beuchert effective October 9, 1985 as Street Department employee be approved. Councilman Smothermon seconded motion carried 5-0. Item 2lA: Following vote on this item Mayor Pro Tem Thompson stated that she wished the records to reflect that she was vehemently opposed to this agreement. Councilman Bailey stated that he would like the records to reflect that he also was opposed to this resolution. Councilman Ware then moved that Resolution No. 100885.2 be approved; Councilman Smothermon seconded motion carried 3-2 with Mayor Pro Tem Thompson and Councilman Bailey voting against the motion. The meeting was then adjourned. Adjournment Lou Duggan, Mayor ATTEST Dorothy Timmons, City Secretary MINUTES 100885 ALFRED SALLINGER LAWRENCE W JACKSON TIM KIRK ROBERT L DILLARD Ill ROBERT L DILLARD JR H. LOUIS NICHOLS OF' COUNSEL SALLINGER, NICHOLS, JACKSON, KIRK & DILLARD (Formerly Saner, Jack, Sallinger & Nichols) Attorneys & Counselors at Law 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 (214) 954-3333 Facsimile (214) 954-3334 May 17, 1990 RO~3ERT D HEMPHILL ROBERT E HAGER PETER G SMITH JOHN PIERCE GRIFFIN DAVID M BERMAN JOHN F. ROEHM Ill BRUCE A STOCKARD VIA FACSIMILE AND U.S. MAIL Mr. Frank Trando Director of Finance City of Coppell P. O. Box 478 Coppell, Texas 75019 Re: CMUD Annexation Resolution Centex Realty Our File No. 520 Dear Frank: Enclosed you will find a proposed resolution concerning the above mentioned matter. Since this is a resolution, the Council could impose additional conditions which could be added to the final draft of the resolution before it is signed by the Mayor. There was some discussion at staff meeting concerning the possibility of an additional condition limiting the usual pay back provision in the contract between CMUD and an applicant. If you have any question, please give me a call. Very truly yours, SALLINGER, NICHOLS, JACKSON, KIRK & DILLARD L WJ/sb By Lawrence W~Skson Enclosure A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF COPPELL, TEXAS, GRANTING CONSENT TO COPPELL MUNICIPAL UTILITY DISTRICT NO. 1 TO ANNEX INTO SAID DISTRICT A 20.8165 ACRE TRACT OF LAND LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF COPPELL, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in the month of November, 1973, the City of Coppell received a petition requesting that the City authorize the creation of Coppell Municipal Utility District No. 1; and WHEREAS, the City of Coppell's consent for the creation of the District was granted subject to certain terms and conditions one of which requires City's consent to the annexation of any property to said District; and WHEREAS, Centex Realty Corporation has requested that the City of Coppell grant consent for the Coppell Municipal Utility District No. 1 to annex a tract of its land containing 20.8165 acres, more or less, which is situated wholly within the City of Coppell; and WHEREAS, the City Council of the City of Coppell did on the 22nd day of May, 1990, grant such consent by motion duly adopted, which is hereby reduced to written resolution as follows: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That subject to the conditions set forth herein, the City Council of the City of Coppell, Texas, for and on behalf of the City of Coppell, Texas, grants its consent to Coppeil Municipal Utility District No. 1 to annex that certain tract of land containing 20.8165 acres, more or less, described in Exhibit "A" which is attached hereto and made a part hereof for all purposes. SECTION 2. That the consent granted herein is subject to the following conditions: a. That the Annexation Agreement between Centex Realty Corporation ("Centex") and Coppell Municipal Utility District No. 1 ("CMUD") contain a provision stating that Centex understands that the City of Coppell ("City") has authority from CMUD and does regulate development and construction within the District in the same manner as City regulates development and construction in areas that are within the City, but not within the District and that in this regard City will inspect and regulate all construction within the property being annexed into the CMUD and will charge and collect from developers and builders therein the same fees now in place or hereafter adopted by the City that are charged and collected from developers and builders in areas of the City that are not within the District. b. That said Annexation Agreement between Centex and CMUD shall also contain a provision stating that the funds paid to CMUD by Centex pursuant to its annexation into the District do not include the above mentioned fees and charges which will or shall be due the City, and should there be any duplication or conflict with the ehar~es imposed by CMUD and that imposed by City, Centex will look solely to CMUD for any refund. SECTION 3. This resolution shall become effective immediately upon its passage as the law in such cases provides, and certified copies of this resolution shall be provided to CoppeIl Municipal Utility District No. 1. DULY PA~RD by the City Council of the City of Coppell, Texas, on this the 22nd day of May, 1990. APPROVED: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: CR90-0517 XIBIT A FIELD NOTES AREA OF PROPOSED ANNEXATION BEING a tract of land situated in the Jesse Moore Survey, Abstract No. 968, In the City of Coppell, Dallas County, Texas, and being a portion of a tract of land conveyed to Ewin W. Beale by deed recorded in Volume 3294, page 470, of the Deed Records of Dallas County, Texas (DRDCT}; BEGINNING at a point lying on the east line of said Beale Tract and being on the south line of Thweatt road (a 50-foot right-of-way); THENCE, South 00' 16' 10" East, 1283.99 feet along the east line of the Beale Tract to its southeast comer;, THENCE, South 89' 09' 10" West, 1015.22 feet along the south line of the Beale Tract to a point on the east line of State Road; THENCE, North 00' 34' 35" West, along the east llne of State Road, 505.06 feet to · point; THENCE, North 89' 11' 38" East, 473.27 feet to the beginning of a curve to the left having a central angle of 89' 27' 48", a radius of 40.00 feet, and a tangent length of 39.63 feet; THENCE, along said curve, an arc distance of 62.46 feet to its point of tangency; THENCE, North 00' 16' 10" West, 738.69 feet to a point on the south line of Thweatt Road; THENCE, North 89' 02' 33' East, 505.04 feet along said South line of Thweatt Road to the POINT OF BEGINNING and containing 20.8165 acres or 909,768 square feet of land. maintenance of medians, electricity to both sides of the bridge located in the Lakes of Coppell area and assistance for payment of water bills for the Association. Mayor Wolfe provided information to the Homeowners Association in the form of a letter from Paragon Cable Television that service would be available to this area during the first or second week of July. Following discussion on this item, Mayor Wolfe informed Mr. Stafford and Ms. George, as well as other residents present, that Council would take a close look at these requests during next years budget presentation, city Attorney Larry Jackson cautioned the Council as to possible legal problems in providing some of the requested services. No action was required on this item at this time. Item 12 Consideration and denial of an Ordinance approving increased rate schedules to be charged by Texas Utilities Electric Company. This item was withdrawn from the agenda as it was considered the previous evening at a special called city Council meeting. Item 13 Consideration of approval of a variance from Section 10- 5-3 B 1 of the City's Sign Ordinance which concerns the maximum size for attached signs. The request is made by Mr. Peter Balis for the Custom Cleaners, Inc., located at 820 S. MacArthur #104 Chief Building Official Dale Jackson and applicant Peter Balis were present to discuss this item with the Council. Mr. Jackson informed the Council that the requested sign variance exceeds the requirements by 27 square feet. Following discussion on this item, Councilman Nelson moved that the variance be denied. Councilman Morton seconded the motion; motion carried 7-0 with Mayor Pro Tem Bill Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 14 Consideration of a request from Don Beverlin, President of Christ Our savior Lutheran Church, located at 140 Heartz Road, to waive the landscape escrow requirement as required by Section 33.3 1 of the city's Zoning ordinance. Mr. Beverlin is requesting the City waive the escrow requirement for a period of 60 days. Chief Building official Dale Jackson was present to present this item to the Council. Following discussion on this item, Councilman Morton moved that the escrow fee be waived for a period of 60 days. Councilman Thomas seconded the motion; motion carried 7-0 with Mayor Pro Tem Bill Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 15 Consideration of approval of a resolution for annexation of property into the city of Coppell Utility District (M.U.D.) requested by Centex Realty Corp. on property located on the southeast corner of Thweatt Road and State Road. Deputy City Manager/Finance Director Frank Trando and Mr. Steve Stolte representing Centex Realty Corporation were present to discuss this item with the Council. Prior to a vote on this item, Councilman Cowman had to leave the meeting. Following discussion, Mayor Pro Tem Smothermon moved that Resolution 052290.1 be approved with the condition being included that annexation into the MUD is contingent upon no rebate fees being approved. Councilman Morton seconded the motion; motion carried 5-1 with Mayor Pro Tem Smothermon and Councilmen Thomas, Morton, Robertson and Nelson voting in favor of the motion and Councilman Weaver voting against the motion. Item 16 Consideration of approval of a request from Norman Wilkins, Mr. BBQ Express, to direct that charges pending against him in Dallas County Court of Appeal #1 be dropped. This item was withdrawn at the request of the applicant. Item 17 Consideration and approval of staff request for authorization to utilize City equipment in Fourth of July Parade and sponsor decorations. Following discussion, Councilman Morton moved that City staff be authorized to utilize City equipment for the Fourth of July Parade and funds be approved in the amount of $87.50 from Account #01- 10-00-0424 to provide materials for the float. Mayor Pro Tem Smothermon seconded the motion; motion carried 6-0 with Mayor Pro Tem Bill Smothermon and Councilmen Weaver, Thomas, Morton, Robertson and Nelson voting in favor of the motion. Item 18 Consideration of "Animal Control Mutual Aid" with other cities adjacent to Coppell to enhance service in emergency situations. Environmental Health officer Linda Varonich was present to discuss this item with the Council. Ms. Varonich stated that with only one full-time animal control officer, meeting the City's expectations of service is difficult to deliver after hours and on weekends. By endorsing a mutual aid agreement specific to animal control improvements to the level of service can be realized. Following discussion on this item, Councilman Morton moved that the mutual aid agreement between the cities of Coppell, Flower Mound and Highland Village be approved and the City Manager authorized to execute. Councilman Thomas seconded the motion; motion carried 6- 0 with Mayor Pro Tem Bill Smothermon and Councilmen Weaver, Thomas, Morton, Robertson and Nelson voting in favor of the motion. Item 19 Consider approval of an ordinance designating a Records Manager for the City of Coppell, defining City Records, declaring City records as public property, designating duties and responsibilities of the Records Manager and Department Directors for the purpose of developing a A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. d~_~-~Zo~-~)o / A RESOLUTION OF THE CITY OF COPPELL, TEXAS, GRANTING CONSENT TO COPPELL MUNICIPAL UTILITY DISTRICT NO. 1 TO ANNEX INTO SAID DISTRICT A 20.8165 ACRE TRACT OF LAND LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF COPPELL, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in the month of November, 1973, the City of Coppell received a petition requesting that the City authorize the creation of Coppell Municipal Utility District No. 1; and WHEREAS, the City of Coppell's consent for the creation of the District was granted subject to certain terms and conditions one of which requires City's consent to the annexation of any property to said District; and WHEREAS, Centex Realty CorporaLion has requested that the City of Coppell grant consent for the Coppell Municipal Utility District No. 1 to annex a tract of its land containing 20.8165 acres, more or less, which is situated wholly within the City of Coppell; and WHEREAS, the City Council of the City of Coppell did on the 22nd day of May, 1990, grant such consent by motion duly adopted, which is hereby reduced to written resolution as follows: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That subject to the conditions set forth herein, the City Council of the City of Coppell, Texas, for and on behalf of the City of Coppell, Texas, grants its consent to Coppell Municipal Utility District No. I to annex that certain tract of land containing 20.8165 acres, more or less, described in Exhibit "A" which is attached hereto and made a part hereof for all purposes. SECTION 2. That the consent granted herein is subject to the following conditions: a. That the Annexation Agreement between Centex Realty Corporation ("Centex") and Coppell Municipal Utility District No. 1 ("CMUD") contain a provision stating that Centex understands that the City of Coppell ("City") has authority from CMUD and does regulate development and construction within the District in the same manner as City regulates development and construction in areas that are within the City, but not within the District and that in this regard City will inspect and regulate all construction within the property being annexed into the CMUD and will charge and collect from developers and builders therein the same fees now in place or hereafter adopted by the City that are charged and collected from developers and builders in areas of the City that are not within the District. b. That said Annexation Agreement between Centex and CMUD shall also contain a provision stating that the funds paid to CMUD by Centex pursuant to its annexation into the District do not include the above mentioned fees and charges which will or shall be due the City, and should there be any duplication or conflict with the charges impose(] by CMUD an(] that imposed by City, Centex will look solely to CMUD for any refund. c. That the Annexation Agreement between Centex and CMUD will not provide for recovery by Centex of any portion of the annexation fees paid by Centex to CMUD. SECTION 3. This resolution shall become effective immediately upon its passage as the law in such cases provides, and certified copies of this resolution shall be provided to Coppel! Municipal Utility District No. 1. DULY PASSED by the City Council of the City of Coppell, Texas, on this the 22nd day of May, 1990. APPROVED: ATTEST: APPROVED AS TO FORM: 0_0517_A1~ t5~// ~__ HRY-15-'90 TUE 12:26 ID:CITY Oh 3PPELL TX TEL ~609 POJ EXHIBIT A FIELD NOTES AREA OF PROPOSED ANNEXATION BEING a tract of land situated in the Jesse Moore 8uwe¥, Abstract No. 968, In the Oity of Oeppell, Dallss County, Texas, and being a portion of a tract of land conveyed to Ervln W, Beale by deed reoorded In Volume 3294, page 4?0, of the Deed Reoorda of DAllas Oounty, Texu BEGINNIN(~ at a point h/lng on the east line of said BeAle Tra~ and being on the south line of Thweatt road (e ~;I-~t dght.of-way); THENOE, ~outh 00' 10' 10" Ea~, t283,09 feet along the east fine of the Beale Tract to ~ Aoutheaat oome~ THENCE, South 09' 0g' 10' west, 1015.22 feet along tho south line o! the Beale Trac~ to · point on the i~t line of 8tats Road; THENCE, North 00' 34' 35" West, along the east line of State RoAd, ,505.08 feet to a polnti THENOE~ North 89° 11' 38" East, 473.27 feet to the beglnnlng of a curve to the left having a central angle of Bg' 27' 48", a radius of 40.00 feet, and a tangent length of 39.~ feet~ THENCE~ along said curve~ an arc distance of 82.48 feet to Its point of tangency; THENCE, North 00' 16' 10" We~t, 738.89 feet to A point on the south line of Thweat[ Roed~ THENCE, North EI9' 02° 33' East, 505.04 feet along said South line of Thweatt Road to the POINT OF BEGINNING and containing 20.B188 acres or 90g,788 aqua~ feet of land. CC.2tB-EASEMENT THE STATE OF TEXAS, COUNTY OF Dallas KNOW ALL MEN BY THESE PRESENTS: THAT Beal Property, a Texas Partnership of Dallas County, Texas , in consideration of the ~qlm of Ten Dollars ( $10.00 ) and other good and valuab~ consideration in hand paid by The City of Coppell, receipt of which is hereby ackno.wledged, ~o by A municipal corporation of Dallas County, Texas. ~.hefree these presents grant, bargain, sell and convey unto to The City of Coppell and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, (see Exhibits #A" and "B" attached) owned by Beal Property , Situated in Dallas County, Texas, in the jesse Moore A Texas Partnership Survey, Abstract No. And it is further agreed that the said City of Coppell ' in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of Temporary Draninage ( To remain in effect until such time as ease- ment area is platted} ~, along, upon and across said premises, with the right and privilege at all times of the Brantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along upon and across said premises for the purpose of making additions to, improvement~ on and repairs to the said any part thereof. TO HAVE AND TO HOLD unto the said City of Coppell the purposes aforesaid the premises above de~ribed. Witne~--~ my hand on , this the / Tru,t'. J.H. Lacy, ' as aforesaid for day of ~ A.D. 19 90 20 FOOT TEMPORARY [~RAINAGE I~ASEMENT BEING a tract of land situated in the Jesse Moore Survey, Abstract No. 968, in the City of Coppell, Dallas County, Texas; and being a part of that certain tract conveyed to Ervin W. Beal by Harry V. Lehman, et ux, by deed recorded tn Volume 3294, Page 470, Deed Records of Dallas County, Texas, and being more particularly described ss follows: BEGINNING at a point in the south line of Thweat Road (50-foot right-of-way), said point being NoAh 89' 02' 33" East, a distance of 497.07 feet from the intersection of said south line with the east line of State Road no. 108 (40-foot right-of-way), said point also being on the north line of said Beal tract; THENCE, NoAh 89' 02' 33" East, 20.00 feet continuing along the south line of Thweat Road and the noah line of the Beal tract to · point; THENCE, South 00' 16' 10" East, 520.00 feet to a point; THENCE, South 89' 43' 50" West, 20.00 feet to a point; THENCE, NoAh 00' 16' 10" West, 519.76 feet to the POINT OF BEGINNING, and containing 0.2387 acres or 10,396 square feet of land. Exh~ "A" 0.!