CM 1987-10-27 Minutes of October 27, 1987
The City Council of the City of Coppell met in regular called session on
Tuesday, October 27, 1987 at 7:30 p.m. in the Council Chambers of the
Coppell Town Center. The following members were present:
Lou Duggan, Mayor
Dan Stanton, Mayor Pro Tem
Dean Wilkerson, Councilman
Walter Pettijohn, Councilman
Tom Morton, Councilman
Bill Smothermon, Councilman
Jim Cowman, Councilman
Mark Wolfe, Councilman
Also present were City Manager Alan D. Ratliff, City Secretary Dorothy
Timmons, and City Attorney Larry Jackson.
Mayor Duggan requested that Dorothy Wells, principal of Pinkerton
Elementary come forward to receive a Resolution declaring October 27,
1987 as "Students in Government Day in Coppell". Also recognized were
Superintendent David Stanfield, School Board Trustee and CISD liaison to
the City Council Foy Layton, 5th grade teacher Mrs. Betty Nash, and all
the members of her class. Mayor Duggan then requested that those
students elected to the City Council and City Manager's position through
the election held in Mrs. Nash's 5th grade classroom come forward to
take their respective places. As a part of their study of local
government, the students will participate in the decision-making process
of tonight's meeting either until 8:30 p.m. or through Item No. 11,
whichever comes first. Those students and their Council counterparts
ars as follows:
Jessica Winters, Mayor (Lou Duggan)
John Luppold, Mayor Pro Tem (Jim Cowman)
Jose Hernandez, Councilman (Dean Wilkerson)
MariaElena Murillo, Councilwoman (Walter Pettijohn)
Mitch Parrlsh, Councilman (Tom Morton)
Cindy Brenza, Councilwoman (Bill Smothermon)
Sam Jones, Councilman (Mark Wolfe)
Kati McCurdy, Councilwoman (Dan Stanton)
Michael Drozd, City Manager (Alan D. Ratliff)
Mayor Winters (Duggan) then called the meeting to order and asked
everyone to stand while Councilwoman McCurdy (Stanton) gave the
invocation. Following the invocation, Mayor Winters (Duggan) led those
present in the pledge of allegiance.
MAYOR'S REPORT
Item 1: Mayor's Report
Mayor Winters with the assistance of Mayor Duggan gave the following
report:
A. Mayor Winters informed those present of~the recent study of local
government that had been conducted by Mayor Duggan at their class. She
outlined the format used by the class for campaigning and electing of
the students participating in the Council meeting.
B. Mayor Duggan instructed any bidders Who were present to submit bids
to be considered for the sale of Certificates of Obligation later in the
Council meeting to proceed to the Council Conference Room directly
adjoining Council Chambers to submit their bids.
C. Mayor Duggan stated that the golf course planned in the Riverchase
Development was in the beginning stages of construction.
CITIZEN'S APPEARANCES
Item 2: Consider citizens who wish to speak before the City Council.
Mayor Winters (Duggan) asked if there were any citizens present who
wished to speak before the Council. Those citizens speaking were:
A. Mr. Don Jones of 632 Bethel School Road raised questions concerning
the issuance of a building permit for garages that overlook his home.
He stated that he had been informed that this would not happen. Mr.
Jones also stated that he had requested the City to check a drainage
problem behind his home where the flow of water through the drainage
ditch had created a hazardous situation. Mayor Duggan informed Mr.
Jones that the City staff would chsck into his concerns.
B. Mr. Ray Warren of 2215 Lakeland in Carrollton commented on the
proposed sale of Certificates of Obligation to be discussed later in the
agenda. Mayor Duggan informed Mr. Warren that he would be allowed to
speak on this item at the appropriate time, and that this portion of the
agenda is intended for citizens to speak on items that are not listed on
the agenda.
ORDINANCES, RESOLUTIONS AND PROCLAMATIONS
Item 3: Discussion, consideration and approval of a Resolution
declaring October 27, 1987 as "Students in Government Day in Coppell"
and authorizing the Mayor to sign.
Councilwoman Brenza (Smothermon) moved that Resolution No, 102787.1 be
approved; Councilman Parrish (Morton) seconded; motion carried
unanimously with Councilmembers McCurdy (Stanton), Hernandez
(Wilkerson), Murillo (PettiJohn), Pettish (Morton), Brenza (Smothermon),
Luppold (Cowman), and Jones (Wolfe) voting in favor of the motion.
Item 4: Discussion, consideration and approval of a Resolution adopting
a Floodplain Management Ordinance providing for comprehensive management
of the floodplains in the City of Coppell and authorizing tbs Mayor to
sign.
Mr. Carl Anderson of Anderson Engineering, Mr. John Karlsruber of Ginn,
Inc. and City Attorney Larry Jackson answered questions from Council.
Mr. Jackson stated that the City's legal position would be improved with
the passage of this ordinance. Following discussion, Councilman Pettish
(Morton) moved that Ordinance No. 87390 be approved and the Mayor be
authorized to sign; Councilwoman Brenza (Smothermon) seconded and motion
carried unanimously with Councilmembers McCurdy (Stanton), Hernandez
(Wilkerson), Murillo (PettiJohn), Parrish (Morton), Brenza (Smotbermon),
Luppold (Cowman), and Jones (Wolfe) voting in favor of the motion.
Item 5: Discussion, consideration and approval of a Resolution
authorizing the appointment of a member to the DART Board of Directors
and authorizing the Mayor to sign.
Mr. Barry Grubbs, who is requesting that the City cast their vote to
appoint him to this position, was present to answer questions from the
Council. He stated that his objective is to meet quarterly with the
Council's that he represents as well as publish a monthly report on the
DART activities. Following discussion, Councilwoman McCurdy (Stanton)
moved that Resolution No. 102787.2 be approved and the Mayor authorized
to sign; Councilman Jones (Wolfe) seconded and motion carried
unanimously with Councilmsmbers McCurdy (Stanton), Hernandez
(Wilkerson), Murillo (Pettijohn), Parrish (Morton), Brenza (Smothermon),
Luppold (Cowman), and Jones (Wolfe) voting in favor of the motion.
Item 6: Discussion, consideration and approval of a Resolution
authorizing the City's vote for the appointment of a member for the
Board of Directors of the Dallas Central Appraisal District and
authorizing the Mayor to sign.
Mr. Thomas Landrum is the City's current representative, and is
requesting the City's vote in his bid for re-appointment to this Board.
Following discussion by the Council, Councilman Jones (Wolfe) moved that
Resolution No. 102787.3 casting the City's vote for the appointment of
Thomas Landrum as a Dallas Central Appraisal District Board member be
approved; Councilwoman Murillo (Pettijohn) seconded and motion carried
unanimously with Councilmembers McCurdy (Stanton), Hernandez
(Wilkerson), Murillo (Pettijohn), Parrish (Morton), Brenza (Smothermon),
Luppold (Cowman), and Jones (Wolfe) voting in favor of the motion.
Item 7: Discussion, consideration and approval of a Proclamation
declaring October 10, 1987 as "Republic of China Day in Coppell" and
authorizing the Mayor to sign.
Although the date for this proclamation has passed, the representative
of this item is requesting that the City approve the proclamation for
posterity. Following discussion, Councilman Hernandez (Wilkerson) moved
that the above stated Proclamation be approved and the Mayor authorized
to sign; Councilman Parrish (Morton) seconded and motion carried
unanimously with Councilmembers McCurdy (Stanton), Hernandez
(Wilkerson), Murillo (PettiJohn), Parrish (Morton), Brenza (Smothermon),
Luppold (Cowman), and Jones (Wolfe) voting in favor of the motion.
BOARD RESIGNATIONS
Item 8: Consider accepting resignation of Walter Kirkpatrick from the
Board of Adjustments.
Councilwoman Murillo (PettiJohn) moved that the above stated resignation
be accepted; Councilman Luppold (Cowman) seconded and motion carried
unanimously with Councilmembers McCurdy (Stanton), Hernandez
(Wilkerson), Murillo (Pettijohn), Parrish (Morton), Brenza (Smothermon),
Luppold (Cowman), and Jones (Wolfe) voting in favor of the motion.
Item 9: Consider accepting resignation of Chairman Troy Williams from
the Library Board.
Councilman Luppold (Cowman) moved that the above stated resignation be
accepted; Councilwoman McCurdy (Stanton) seconded and motion carried
unanimously with Councilmembers (McCurdy (Stanton), Hernandez
(Wilkerson), Murillo (Pettijohn), Parrish (Morton), Brenza (Smothermon),
Luppold (Cowman), and Jones (Wolfe) voting in favor of the motion.
Mayor Duggan and members of the Council applauded Chairman Williams on
his ten years of service to this board.
VARIANCES
Item 10: Discussion, consideration and approval of a request for a
variance from Section 10-7-5 A 2 and Section 10-7-5 A 4 of the Sign
Ordinance concerning the maximum height and size of real estate signs.
Mr. David Sarowitz, representing the applicant, made the presentation to
the Council. Discussion was held by the Council concerning the numerous
requests being received for variances and the possible need to update
this ordinance. Mayor Duggan stated that the sub-committee, composed of
Councilmen Wolfe and Morton, previously appointed to study this
ordinance be reactivated to determine the need for update of the
requirements of this ordinance. Following further discussion by the
Council, Councilman Jones (Wolfe) moved that this application be denied
without prejudice and the payment of any additional fees upon
reapplication of this permit be waived; Councilman Parrish (Morton)
seconded and motion carried 6-1 with Councilmembers (McCurdy (Stanton),
Hernandez (Wilkerson), Parrish (Morton), Brenza (Smothermon), Luppold
(Cowman), and Jones (Wolfe) voting in favor of the motion and
Councilwoman Murillo (Pettijohn) voting against the motion.
Mayor Duggan stated that the time was 8:30 p.m., thanked the students
for their participation, and excused them from the remainder of the
meeting.
CONTRACTS
Item 11: Discussion and consideration of a contract with the City of
Dallas Water Utilities and authorizing the Mayor to sign.
Following discussion on this item, Councilman Wolfe moved that the above
stated contract be approved and the Mayor authorized to sign; Councilman
Cowman seconded and motion carried unanimously with Mayor Pro Tem
Stanton and Councilmen Wilkerson, Pettijohn, Morton, Smothermon, Cowman,
and Wolfe voting in favor of the motion.
ORDINANCE
Item 12: Discussion and consideration to adopt an Ordinance providing
for the issuance of City of Coppell, Texas, Combination Tax and Revenue
Certificates of Obligation, Series 1987, in the aggregate principal
amount of $4,900,000.00 and enacting other provisions related thereto.
Prior to discussion on this item, Councilman Smothermon moved that the
Mayor read into the minutes Sections 1-10-10.1, 1-10-10.2, and 1-10-10.3
of Ordinance No. 87377 which regulates procedures for the conduct of
Council meetings. Those sections are as follows:
Ordinance Number 87377
Section 1-10-10 ENFORCEMENT OF DECORUM
1-10-10.1 Warning. All persons (other than members of the
Council) shall, at the request of the Chairman, be
silent. If after receiving a warning from the
Chairman, a person or group of persons, persists in
disturbing the meeting, the Chairman or the person
acting as Chairman may order that person or group of
persons to remove himself or themselves from the
meeting. If they do not remove himself or
themselves from the meeting, the Chairman or the
person acting as Chairman may order the
Sergeant-at-Arms to remove him or them.
1-10-10.2 Removal From a Meeting. The Chief of Police, or
such member or members of the Police Department as
the Chairman or the person acting as or for the
Chairman may designate, shall be Sergeant-at-Arms of
the Council meetings. He or they shall carry out
all orders and instructions given by the Chairman
for the purpose of maintaining order and decorum at
the meetings of the Council. Upon instruction of
the Chairman, it shall be the duty of the
Sergeant-at-Arms to remove from the meeting any
person or persons who intentionally disturb or
disturbs the proceedings of the Council.
1-10-10.3 Resistin~ Removal From a Meeting. Any person or
persons who resist removal by the Sergeant-at-Arms
shall be charges with violating Section 42.05 of
Vernon's Annotated Penal Code.
Mayor Duggan then stated that, although this item is not listed as a
public hearing, he was opening the meeting up to any citizen present who
wished to speak on this item. He then asked if there were any persons
present who wished to speak against the proposed sale of the
Certificates of Obligation. Those persons speaking were Mrs. Debra
Dezendorf of 468 Shadowcrest, who challenged a Council statement that
the sale of these Certificates would not raise citizen's taxes. There
being no other persons who wished to speak in opposition to this item,
/,,,5'7
Mayor Duggan asked if there were persons present who wished to speak in
favor of the proposed sale of Certificates of Obligation. Those persons
speaking were Mr. David Greet of 641Briarglen, Mr. Paul Adams of Argyle
and representing the ist Coppell Bank, and Mr. Howard Herrington of 618
Meadowview Drive. There being no other persons who wished to speak on
this item, Mayor Duggan stated that the public session for comment would
be closed. Discussion was then held by the Council who stated their
objections and recommendations for the proposed sale of the
Certificates. Following discussion, Councilman Wolfe moved that
Ordinance No. 87391 be approved with the low bid for the sale of the
Certificates of Obligation being awarded to MBank Capital Markets with a
gross interest cost of $5,546,121.80, a premium of $122,500.00, a net
interest cost of $5,668,621.80, and an effective interest rate of
8.06321%; Councilman Cowman seconded and motion carried 4-3 with Mayor
Pro Tem Stanton and Councilmen Wilkerson, Cowman, and Wolfe voting in
favor of the motion and Councilmen PettiJohn, Morton, and Smothermon
voting against the motion.
PLATTING - FINAL PLAT
Item 13: Consider approval of a final plat for Creekview Addition at
the request of Thompson Properties located on property east of Denton
Tap Road, south of Grapevine Creek, and north of the St. Louis and
Southwestern Railway.
City Engineer Wayne Ginn made the presentation to the Council on behalf
of City staff. Mr. Ginn stated that it his recommendation that this
plat be denied without prejudice and that payment for any additional
fees when the plat is brought forward again be waived; Following
discussion, Councilman Smothermon moved that the plat be denied without
prejudice and the the requirement for payment of additional fees be
waived; Councilman Morton seconded and motion carried unanimously with
Mayor Pro Tem Stanton and Councilmen Wilkerson, Pettijohn, Morton,
Smothermon, Cowman and Wolfe voting in favor of the motion.
REQUESTS
Item 14: Consider approval of charges to the Mayor's mobile phone bill.
Councilman Wolfe moved that this request be approved; Councilman Cowman
seconded and motion carried unanimously with Mayor Pro Tem Stanton and
Councilmen Wilkerson, PettiJohn, Morton, Smothermon, Cowman and Wolfe
voting in favor of the motion.
EXECUTIVE SESSION (Closed to the Public)
Item 15C: Article 6252-17, Section 2 (g) discussion concerning
personnel.
1) Board and Commission appointments.
Mayor Duggan then declared the meeting closed on October 27, 1987 at
9:40 p.m. for au executive session as allowed under the above recited
article. Following the executive session, Mayor Duggan adjourned this
portion of the executive session on October 27, 1987 at 10:55 p.m. and
declared the meeting open to the public.
BOARD APPOINTMENTS (Open to the Public)
Mayor Duggan applauded the City Manager on the organization and planning
of the reception held prior to this Council meeting in order for Council
members to meet the approximately sixty-one (61) board applicants.
Item 16: Discussion and consideration of appointing three (3)
applicants to the Economic and Development Board as stated in the City
Charter of the City of Coppell for a term of two (2) years which will
expire on October 1, 1989.
Councilman Cowman moved that Don C. Hodges, Lee Richardson, and Angelo
Jo Vaccaro be appointed to the above stated board subject to
verification of qualifications; Councilman Smothermon seconded and
motion carried unanimously with Mayor Pro Tem Stanton and Councilmen
Wilkerson, PettiJohn, Morton, Smothermon, Cowman and Wolfe voting in
favor of the motion.
Item 17: Discussion and consideration of appointing four (4) applicants
to the Park Board as stated in the City Charter of the City of Coppell
for a term of one (1) year which will expire on October 1, 1988 and
terms of two (2) years which will expire on October 1, 1989.
Councilman Stanton moved that John A. Nelson, Ron Robertson, Larry M.
Wheeler, and Charlene Winegarner be appointed to two-year terms and
Glenn E. Nichols be appointed to a one-year term on the above stated
board subject to verification of qualifications; Councilman Wilkerson
seconded and motion carried unanimously with Mayor Pro Tem Stanton and
Councilmen Wilkerson, Pettijohn, Morton, Smothermon, Cowman and Wolfe
voting in favor of the motion.
Item 18: Discussion and consideration of appointing four (4) applicants
to the Library Board as stated in the City Charter of the City of
Coppell for a term of two (2) years which will expire on October 1,
1989.
Councilman Wolfe moved that Laurie S. Bailey, John Hill, Jim Shannon,
and Edward W. Sircy be appointed to the above stated board subject to
verification of qualifications; Councilman Smothermon seconded and
motion carried unanimously with Mayor Pro Tem Stanton and Councilmen
Wilkerson, Pettijohn, Morton, Smothermon, Cowman and Wolfe voting in
favor of the motion.
Item 19: Discussion and consideration of appointing four (4) applicants
to the Planning and Zoning Commission as stated in the City Charter of ~_~
the City of Coppell for a term of two (2) years which will expire on
October 1, 1989.
Councilman Pettijohn moved that Robert E. (Bud) Green, Jr., William B.
Johnson, David M. Thomas, and Marsha Tunnell be appointed to the above
stated board subject to verification of qualifications; Councilman
Morton seconded and motion carried unanimously with Mayor Pro Tem
Stanton and Councilmen Wilkerson, Pettijohn, Morton, Smothermon, Cowman
and Wolfe voting in favor of the motion.
Item 20: Discussion and consideration of appointing four (4) applicants
and one (1) alternate to the Board of Adjustments as stated in the City
Charter of the City of Coppell for a term of one (1) year which will
expire on October 1, 1988 and terms of two (2) years which will expire
ow October 1, 1989.
Councilman Smothermon moved that Ellen Fugett, Charles Lambert, and
Lanny Mayo be appointed to the regular positions for two-year terms,
that Carl Thompson be appointed to the regular position for a one-year
term, and that Bill Hays be appointed to the alternate position for a
two-year term on the above stated board subject to verification of
qualifications; Councilman Stanton seconded and motion carried
unanimously with Mayor Pro Tem Stanton and Councilmen Wilkerson,
PettiJohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the
motion.
EXECUTIVE SESSION (Closed to the Public)
Item 15A: Article 6252-17, Section 2 (f) discussion concerning the purchase, exchange, lease or value of real property.
1) Discussion concerning the purchase of land for the ground
storage tank.
B: Article 6252-17, Section 2 (e) discussion with City Attorney.
1) Update on lawsuits
2) Boundary Lines
Mayor Duggan then declared the meeting closed on October 27, 1987 at
11:08 p.m. for an executive session as allowed under the above recited
articles. Following the executive session, Mayor Duggan adjourned the
executive session on October 28, 1987 at 12:05 a.m..
PUBLIC HEARINGS
Item 21: To consider the North Annexation described as 190 acres -
Tract 1.
Mayor Duggan declared the public hearing open and asked for those
persons present who wished to speak for the proposed annexation. There
were none. He then asked for those persons present who wished to speak
against the proposed annexation. There were none. No objections to
this proposed annexation have been received by the City Secretary's
office. The public hearing was then declared closed.
Item 22: To consider ths North Annexation described as 63.454 acres -
Tract 2.
Mayor Duggan declared the public hearing open and asked for those
persons present who wished to speak for the proposed annexation. There
were none. He then asked for those persons present who wished to speak
against the proposed annexation. There were none. No objections to
this proposed annexation have been received by the City Secretary's
office. The public hearing was then declared closed.
Item 23: To consider the North Annexation described as 39.427 acres -
Tract 3.
Mayor Duggan declared the public hearing open and asked for those
persons present who wished to speak for the proposed annexation. There
were none. He then asked for those persons present who wished to speak
against the proposed annexation. There were none. No objections to
this proposed annexation have been received by the City Secretary's
office. The public hearing was then declared closed.
Item 24: To consider the North Annexation described as 3.4 acres -
Tract 4.
Mayor Duggan declared the public hearing open and asked for those
persons present who wished to speak for the proposed annexation. There
were none. He then asked for those persons present who wished to speak
against the proposed annexation. There were none. No objections to
this proposed annexation have been received by the City Secretary's
office. The public hearing was then declared closed.
Item 25: To consider the North Annexation described as 195 acres -
Tract 5.
Mayor Duggan declared the public hearing open and asked for those
persons present who wished to speak for the proposed annexation. There
were none. He then asked for those persons present who wished to speak
against the proposed annexation. There were none. No objections to
this proposed annexation have been received by the City Secretary's
office. The public hearing was then declared closed.
Item 26: To consider the North Annexation described at 4.4 acres -
Tract 6.
Mayor Duggan declared the public hsaring open and asked for those
persons present who wished to speak for the proposed annexation. There
were none. He then asked for those persons present who wished to speak
against the proposed annexation. There were none. No objections to
this proposed annexation have been received by the City Secretary's
office. The public hearing was then declared closed.
Item 27: To consider the North Annexation described as 8.4 acres -
Tract 7.
Mayor Duggan declared the public hearing open and asked for those
persons present who wished to speak for the proposed annexation. There
were none. He then asked for those persons present who wished to speak
against the proposed annexation. There were none. No objections to
this proposed annexation have been received by the City Secretary's
office. The public hearing was then declared closed.
Item 28: To consider the North Annexation described as 145 acres -
Tract 8.
Mayor Duggan declared the public hearing open and asked for those
persons present who wished to speak for the proposed annexation. There
were none. He then asked for those persons present who wished to speak
against the proposed annexation. There were none. No objections to
this proposed annexation have been received by the City Secretary's
office. The public hearing was then declared closed.
There being no further business to come ~efore the City Council, the
meeting was adjourned.
ATTEST:
MINUTES 102787
MNITSI