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CC approval of ORD 12/11/90 CONSENT AGENDA ~-~~.~ A G E N D Q U E O R M December . CITY COUNCIL MRETING 1 ITEM ITEM CAPTION: Consideration and approv_al of an ordmanc.e f_or Case ~ZC~SZ.8~. to.c,h__a~_g~e_ ~th_e~z _On~o~dx~e~g~Roata~naf~r°~mxi- (Z-Fg) Two-family-9,_,,,. _,, . ~,-~ ~.-..~ . ~~(~F-?) Singl_e_~-famity-~, on a parcel ox reno ~ocat~. ,~-~ ,--,-,t,l~ · ~-r- - mate. 1/4 mile sou~ of Stndy La~ t~°~ a~. ~uth°rizing the May°r t° mgn' - SUBMITTED BY: ~ STAFF l i OTHER REP.: !~n-y Jackson, City Attorney VA U ON F ' DATE: Date of Planning & Zoning Commission Meeting: September 13. 1990 Derision of planning & Zoning Commission: Approved (4-0) Date of City Coondl Meeting: October 9, 1990 Decision of City Council: Approved BUDGET AMT. AMT +/- BUDGET COMMENTS: N/A AMT. ESTIMATED FINANCIAL REVIEW BY LEGAL REVIEW BY: AGENDA P~QUEST FORM 5/90 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. _.-~q?'/~ -~ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICATION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Zoning Commission and the Governing Body of the City of Coppell, Texas, in compliance with the laws of the State of Texas with reference to the granting of zoning changes, and pursuant to the zoning ordinance and zoning map of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the said Governing Body is of the opinion that said change of zoning, which is on application of Gee Development Company, No. ZC-528, should be granted and the Comprehensive Zoning Ordinance of the City of Coppell should be amended in the exercise of its legislative discretion. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Coppell, Texas, be and the same is hereby amended by amending the Zoning Map of the City of Coppell, to give the property hereinafter described, a new zoning district classification, to wit: "SF-7" Single Family Residential District Classification. Said property being described as follows: BEING a parcel of land containing 28.49 acres, more or less, and desctibed by netes and bounds in Exhibit "1" attached hereto and made a part hereof and shown on the zoning exhibit attached hereto as Exhibit "2" and made a part hereof. SECTION 2. That all parts of any ordinance of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances or parts of ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as amended herein by the granting of this zoning classification. SECTION 4. That should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City, as heretofore amended, and upon conviction shall be punished by fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 6. It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare of the City. Therefore, this ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provides. DULY PASSED by the City ~ouncil of the City of Coppell, Texas, APPROVED AS TO FORM: APPROVED: MAYOR ATTEST: blETES AND B()UNDS DESCRIPTION 2~.49 ACRES JAMES .KNDERSON SURVE'¥, ABSTRACT 18 DALLAS COUNTY. TEXAS BE1N(; a '_.R.49 acre tract ~f land shuatcd in thc James Anderson Survey. Abs~.ract 1~. Dallas Coumy. Texas and being more particularly described as follows: C(3MNIENCING at a railroad spike at ~hc intersection of thc ccntcrline of Sandy Lake R~}ad and thc ccntcrlinc of Coppcll Road: THENCE South t~~ tX,' 55" East along thc ccn~crtinc of Coppcll R~ad for a point: THENCE South 89~ 56' fXT' East f{~r a dislancc of ~q.~ feet lo thc POI~ OF BEGINNIN(;: THENCE N~r~h ~¥? (~' 35" We~t for a distance of 729.'~) feet to a point for a corner: THENCE South 89~ 5fi' (X3" East for a distance of 1.~].(~) fcct to a p~int for a corner: THENCE Soulh t~l~ 06' 3? East for a distance (~[ 729.~A3 fccl lo a point for a corner: THENCE North 89~ 5,' (~)" West for a distance containing ~S.49 acres of land. more ~r EXHIBIT I N EX HIBIT 2 ~ t attorney and client. The City Council convened in Executive Session at 10:09 p.m. on Tuesday, December 11, 1990. Mayor Wolfe adjourned the Executive Session and reconvened the Regular Session (Open to the Public) at 10:45 p.m. Following further discussion by Council, Mayor Pro Tem Smothermon moved that this item be postponed to the January $, 1991 Council meeting for further consideration. Councilman Cowman seconded the motion. The motion carried 5-1, with Mayor Pro Tern Smothermon and Councilmen Thomas, Cowman, Robertson and Nelson voting in favor of the motion and Councilman Weaver voting against the motion. Item 25 Mayor's Report Mayor Wolfe presented the following items: A) The Spring Students in Government programs will be held on February 26, 1991 with the eight grade students and on April 9, 1991 with the 12th grade students. B) Concerned citizens have been contacting the Mayor regarding the one way traffic on Rocky Branch and traffic problems associated with people viewing the lights in this area. c) Council consensus was requested and given for City Manager Alan D. Ratliff, Mayor Wolfe and Councilman Weaver to draft a proposed letter to Dallas/Fort Worth International Airport concerning the expansion of the property. Item 26 Liaison Report There were no Liaison Reports at this time. CONSENT AGENDA Item 27A Consideration for awarding of bid for purchase of Utility Trailer to Cargo Trailer Sales of Dallas, Texas for $7,520.00. 27B Consideration for awarding of bid for purchase of manhole rain pans to A & P Water and Sewer Supplies of Arlington, Texas for $11,800.00 27C Consideration and approval of an ordinance for Case #ZC-528, to change the zoning designation from (2-F9) Two-family-9, to (SF-7) Single-family-7, on a parcel of land located along Coppell Road, approximately 1/4 mile south of Sandy Lake Road, and authorizing the Mayor to sign. 271) Consideration and approval of an ordinance for Case #S-1049, to change the zoning designation from (C) Commercial to (C.SUP) Commercial Special Use Permit, on a parcel of land located along Sandy Lake Road, approximately 488 feet west of Samuel Boulevard, and authorizing the Mayor to sign. 27E Consideration and approval of a final plat of the Four Seasons Addition, located at the southeast corner of Thweatt Road and Royal Lane, at the request of Pacheco Koch Engineers. the mount of $10,932.92 for the Parkway Boulevard Improvements from Alex Drive to Heartz Road. 27G Discu,sion, consideration and formal acceptance of the Village Parkway Pump S_m__6on Project and public notification of the Final Payment m Cajun Con~, Inc. in the amount of $133,702.63 including the release of all retainage. Councilman Weaver requested that items 27C and 27D be held for separate consideration. Mayor Pro Tem Smothermon then moved that the remaining consent agenda be approved. Councilman Weaver seconded the motion. The motion carried 6-0 with Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Cowman, Robertson and Nelson voting in favor of the motion. Item 27C Following discussion, Councilman Weaver moved that Ordinance 297-A-86 be approved. Councilman Nelson seconded the motion. The motion carried 6-0 with Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Cowman, Robertson and Nelson voting in favor of the motion. Item 27D Following discussion, Councilman Robertson moved that Ordinance 297-A-87 be approved. Councilman Cowman seconded the motion. The motion carried 4-2 with Mayor Pro Tern Smothermon and Councilmen Cowman, Robertson and Nelson voting in favor of the motion and Councilmen Weaver and Thomas voting against the motion. EXECUTIVE SESSION (Closed to the Public) Item 28-ES A. Article 6252-17, Section 2(e) and Senate Concurrent Resolution Number 83, discussion with City Attorney concerning matter involving privileged communication between attorney and client. 1. Johnny Thompson annexation question 2. Minyard Agreement 3. Hattie Mae Leslie Article 6252-17, Section 2 (f), discussion with respect to the purchase, exchange, lease of real property and City liability 1. Connell Skaggs Drainage The Council convened into Executive Session at 11:00 p.m. on Tuesday, December 11, 1990 as allowed under the above stated articles. Mayor Wolfe adjourned the Executive Session and open the Public Session at 11:22 p.m. REGULAR SESSION (Open to the Public) There being no further business to come before the Council, the meeting was adjourned. Mark Wolfe, Mayor ATrEST: Dorothy Timmons, City Secrelaty