CM 1983-12-13 Minutes of December 13, 1983
The City Council of the City of Coppell met in regular session on Tuesday,
December 13, 1983, at 7:30 p.m. in the Coppell High School Administration
Building.
The following members were present:
Andrew Brown, Jr., Mayor
Orville Mayo, Mayor Pro Tem (Late Arrival
Glen White, Councilman (Late Arrival)
Dale Ware, Councilman
Bunny Thompson, Councilman
Lou Duggan, Councilman
Also present were City Manager Ron Ragland, City Secretary Dorothy Timmons and
City Attorney Larry Jackson.
The meeting was called to order and everyone asked to stand while City Manager
Ron Ragland gave the invocation. Following the invocation, Councilman Thompson
moved that the minutes be approved as submitted; Councilman Duggan seconded and
motion carried 3-0.
ITEM NO. 4: Approval of Bills
Councilman Thompson moved that the bills be approved for payment as submitted;
Councilman Duggan seconded and motion carried 3-0.
Mayor Brown stated that he would like to recognize Mrs. Ioma Harris who has
furnished the Council with a box of homemade candy and who has been a loyal
and faithful subject of the City of Coppell over many years.
ITEM NO. 5: Consider approval of a resolution designating those areas posted
and published as "Economically Depressed Areas" for the purposes and under
the provisions of the Development Corporation Act of 1979
Mr. Dick Covington made the presentation and Mr. Rick Yahr also made the presentation
to the Council. This item was considered at the previous meeting and a public
hearing was held at that time. Approval of this resolution would allow Industrial
and Commercial development to obtain low interest bond financing for development
within the Cit~ on industrial and commercial tracts of land. Following discussion,
Councilman Ware moved that the resolution No. 121383.1 be approved; Councilman
Thompson seconded and motion carried 3-0.
Mayor Pro Tem Mayo and Councilman Glen White arrived at this time.
ITEM NO. 6: Public hearing to consider a zoning change request of Pat Musgrave
for a zoning change from "2F-l" Two Family Dwelling to "C" Commercial on 512,
516, 520 and 524 S. Coppell Road.
Mayor Brown then excused himself from the Council due to a possible conflict of
interest. Mayor Pro Tem Mayo chaired the meeting at this point. Mr. Pat Musgrave
made the presentation to the Council and stated that they are requesting the
change to Commercial on these four tracts of land which would be compatable with
the land fronting along Coppell Road from this point south to Bethel Road which
is currently zoned under the Commercial District. Mr. Musgrave also stated that
in their opinion this was the highest and best use of the property. Mayor Pro
Tem Mayo declared the public hearing open and asked for those persons who wished
to speak against the proposed change. Those persons speaking were Mr. Tom
Morton who stated that he felt that the change would disturb the peace and
tranquility of the neighborhood. He felt that the proper representative had not
been designated to represent the property owners, and that certain members of
the Council had violated the misuse of information of office statutes. Mayor
Pro Tem Mayo then asked for those persons who wished to speak for the proposed
change. There were none. The public hearing was then declared closed. As a
point of clarification, Councilman Thompson requested of Mr. Jackie White who
was present in the audience when the representative change for the property
owners was made. Mr. White indicated that the change was made during the
original presentation to the Planning and Zoning Commission when Mr. White was
away on vacation. Following discussion on this item, Councilman Ware moved
that this zoning change be approved to Commercial; Councilman Thompson seconded
and motion carried 5-0.
Mayor Brown then made a statement in answer to Mr. Morton's accusations and
read an opinion from City Attorney Larry Jackson (a copy of which is attached
as a permanent part of these minutes) concerning the violations of misuse of
official information and public disclosure by a public servant.
ITEM NO. 7: Consider approval of a replat of Blocks F and G of The Meadows,
Phase II
Mayor Brown then rejoined the Council at this point and chaired the meeting.
Councilman Duggan excused himself from the Council due to conflict of interest
on Item NO. 7. Mr. Bert Elsey made the presentation to the Council and stated
that the inclusion of the alley would service all those lots on the eastern
portion of the development. He stated that they are requesting a variance on
2 lots that do not meet the 9,000 square feet requirement. Following discussion
on this item, Councilman Ware moved that this replat be approved; Councilman
Thompson seconded and motion carried 4-0. Councilman Duggan then rejoined the
Council at this point.
ITEM NO. 8: Consider approval of accepting a bid for the purchase of two
3/4 ton pickups
Public Works Director Ross Orenduff recommended to the Council that the two
bids from Friendly Chevrolet Co. in the amount of $10,199 and $10,499 be accepted.
Following discussion by the Council, Councilman Ware moved that the recommendation
of the Public Works Director be approved; Councilman White seconded and motion
carried 5-0.
ITEM NO. 9: Consider approval of ordinances amending the Comprehensive Zoning
Ordinance as requested by Univest Development Corp. and approved at the Council
meeting of November 22, 1983
Councilman Ware moved that these two ordinances No. 297-A-1 and 297-A-2 be
approved; Mayor Pro Tem Mayo seconded and motion carried 5-0.
~ ITEM NO. 10: Consider approval of an ordinance amending the Comprehensive Zoning
Ordinance as requested by Troth Enterprises and approved at the Council meeting
of November 22, 1983
Councilman Duggan moved that this ordinance No. 297-A-3 be approved; Councilman
Ware seconded and motion carried 5-0.
ITEM NO. ll: Discussion and consideration of requesting the City Attorney to
prepare an ordinance increasing fees allowed under Ordinance No. 209 (Vehicle
Pound Storage)
Following discussion by the Council, it was the consensus of the Council that
an ordinance be prepared for consideration at the January Council meeting with
the storage fees being raised to $6 per day and the charges the City receive
being raised to $3.50 per car.
ITEM NO. 12: Approval of a resolution changing the name of Johnson Street which
is located in Northlake Woodlands East, Phase I
Following discussion by the Council on this item, Resolution No. 121383.2 was
approved to change this street name to Mockingbird with the name of Johnson
Street being used in another development within the City.
ITEM NO. 13: Consideration of advertising for bids and authorization for the
City to sign a Letter of Intent to enter into an agreement with the Burroughs
Corporation to upgrade the existing Computer System.
Mr. Chip Collins of L.W.F.W. and Mr. Lewis McLain, City Finance Director, made
the presentation to the Council. Following discusssion on this item, Mayor Pro
Tem Mayo moved that the City advertise for bids and authorize the signing of
a Letter of Intent to enter into an agreement with the Burroughs Corporation to
upgrade the existing Computer system; Councilman Thompson seconded and motion
carried 5-0.
ITEM NO. 14: Consider approval to sell the International Fire Truck to Dallas
County
Fire Chief Richard Lee made the presentation to the Council. He stated that
Dallas County wished to purchased the Fire Truck for use of their Volunteer
Fire Dept. in the southern part of Dallas County. He also made note of the
fact that the City received thei~ first 1935 Chevrolet from'the Couhty as a
gift. Following discussion, Councilman Ware moved that the International Fire
Truck be sold to Dallas County; Councilman White seconded and motion carried
5-0.
ITEM NO. 15: City Manager's Report
City Manager Ron Ragland stated that he would be presenting the Council with am
information memo concerning the number of housing permits along with their values
during future Council meetings. He stated that 46 permits had been issued with
a little over $4,000,000 value on these permits. Two permits for Commercial deve-
lopment had been submitted for a Kindercare and Stop n Go which result in excess
of $500,000. Next, the City Manager informed the Council that an ordinance reg-
ulating garage sales is being drafted and will be presented to the Council for
consideration at a later date.
ITEM NO. 16: The meeting was then closed for an Executive Session allowed under
Article 6252-17, Section 2 (e) discussion with City Attorney and Section 2 (g)
discussion concerning personnel.
Following the Executive Session, the meeting was declared open to the public.
Councilman Duggan moved that the City accept the resignation of Police Dispatcher
Mike Layne, Street Department workers James Krause and Dan Krause, and that
the application of Sherry Dame as Police Dispatcher be approved and that the City
Manager proceed with the personnel reco~endations as discussed in the Executive
Session; Councilman Ware seconded the motion which carried 5-0.
The meeting was then adjourned.
Andrew Brown, Jr., Mayor V
ATTEST:
Dorothy Tim~(~ns,~'~ity Secretary
5ANI:"R,.,JACK, S, ALLING£R ~-- NICHOLS
.,:~-,~,,o.,, .... December 13, 1983
Mayor Andrew Brown
City of Coppell, Texas
Re: Misuse of Official Information and
Public Disclosure by a Public Servant
Dear Mayor Brown:
You have asked me to give you an opinion concerning the state law involving
the above mentioned subject matter.
Section 39.03 of the Penal Code of the State of Texas is entitled Misuse of
Official Infoemation. This section makes it unlawful for a public offieial to profit from
confidential information acquired by virtue of his position. Speeifieally, the law states
that a public servant eommits an offense if in reliance on information to which he has
access in his offieial capacity and which has not been made publie, he: (1) acquires or
aids someone else to acquire a pecuniary interest in property that may be affected by
this eonfidantial information that he has acquired as a result of his official eapaeity; or
(2) he speeulates or aids someone to speeulate on the basis of sueh information.
This section does not apply to investment or speculation based upon information
available to the public, even though the information is not generally known.
Section 39.04 of the Penal Code entitled Public Disc. lo, ute by a Public Servant
makes it unlawful for a public servant to fail to make a publie disclosure of any legal
or equitable interest he may have in property which is being ACQUIRED wl'r~i PUBLIC
I~UI~DS when such publie servant has aetual notice that the property is to be purchased
with public funds. This law is applicable only where property is being aequired with
public funds.
It is my opinion that a City Council member having an interest in property which
is before the City Council on a zoning change request, need only excuse himself from
voting on the issue to avoid a conflict of interest. The statute concernin~ misuse of
official information would not be applicable unless the property was purchased from
the seller based upon confidential information, aequired by the purchaser as a result of
his official position, and which was not available to the public. Such a situation would
require the seller to be the complainant.
I hope that this answers your questions in regard to this matter.
Very truly yours,
SAN£R, JACK, SALLI~GER & NICHOLS