CM 1985-04-09 Minutes of April 9, 1985
The City Council of the City of Coppell met in regular session on
Tuesday, April 9, 1985 in the Coppell High School Administration
Building. The following members were present:
Andrew Brown, Jr., Mayor
Bunny Thompson, Mayor Pro Tem
Dale Ware, Councilman
Lou Duggan, Councilman
John Bailey, Councilman
Walter PettiJohn, Councilman
Also present were City Manager Ron Ragland, City Secretary Dorothy
Timmons, City Attorney Larry Jackson, and Administrative Assistant Mark
Sweeney.
The meeting was called to order and everyone asked to stand while
Councilman Bailey gave the invocation.
ELECTION
1. Canvass of the returns of the April 6, 1985 Municipal Officers
Election and swearing in of elected officials
Mayor Brown instructed City Attorney Larry Jackson to read the canvass
of the returns, a copy of which is attached as a permanent part of these
minutes. Those persons receiving the highest number of votes are for
mayor - Lou Duggan and for council member - William C. Smothermon, Jr.
and Dale Ware. City Attorney Larry Jackson then gave the oath of office
to each elected official.
2. Consider appointment of Mayor Pro Tem
Following discussion on this item, Councilman Ware m~ved that Bunny
Thompson be reappointed to the position of Mayor Pro Tem; Councilman
Bailey seconded and motion carried 4-1 with Councilman Pettijohn voting
against the motion.
The Council at this point consisted of the following members: Lou Duggan, Mayor
Bunny Thompson, Mayor Pro Tem
Dale Ware, Councilman
John Bailey, Councilman
Walter PettiJohn, Councilman
William C. Smothermon,Jr., Councilman
REQUESTS AND PRESENTATIONS
3. A presentation by Mr. Ernest Vanbebber of Lone Star Gas Company to
consider a rate increase request (Tabled from January 1, 1985 at the
request of Lone Star Gas Company)
Mr. Vanbebber made this presentation to the Council. Following the
presentation, City Manager Ron Ragland stated that it is the
recommendation of Finance Director LeWis McLain that the City grant
a 1.9% increase as opposed to the 3.19% original request (60%).
Following discussion on this item, Mayor Pro Tem Thompson moved that the
recommendation of the Finance Director be accepted and that the City
grant the 1.9% increase ($15,339.00) in the form of Ordinance Number
329; Councilman Bailey seconded and motion carried 5-0.
BIDS
4. Bid award for Renovation/Rehabilitation of Central Fire Station
Mr. David Dillard of David Dillard Architects, Inc. made the
presentation. He stated that the Iow bid received was from Corporate
Constructors, Inc. in the amount of $108,000.00, which is in the
budgeted bond amount of $165,000.00. The complete renovation, including
drainage, is expected to total between $145,000 and $150,000. Following
discussion on this item, Mayor Pro Tem Thompson moved that the bid be
awarded to the above stated low bidder in the amount of $108,000 as
recommended by the architects; Councilman Bailey seconded and motion
carried 4-1 with Councilman Ware voting against the motion.
PUBLIC HEARINGS
5. Request for approval of a variance to Ordinance Number 296, which
would allow the use of a metal roof for Coppell Fire Station Number 2.
The architectural firm of David A. Dillard is making the request on
behalf of the City of Coppell
Mr. David Dillard again made the presentation to the Council. He stated
that the City had essentially two choices of roofing materials in order
to continue the authenticity of the old world theme as planned for the
Town Center. It is his reco~endation that a baked on enamel finish be
used. It was brought to the Council's attention by Councilman Ware that
'this type of roofing was allowed under current City code and would not
require a variance to the ordinances. Following discussion on this
item, Mayor Pro Tem Thompson moved that, since this item did not require
a public hearing, that the City show approval for the use of the
proposed roofing for the Fire Station Number 2; Councilman Bailey
seconded and motion carried 5-0.
ORDINANCES AND RESOLUTIONS
6. Approval of an Ordinance annexing approximately 72.022 acres on
request of Mr. Johnny Weger
City Attorney Larry Jackson informed the Council that this approval
involves two tracts of land and would require the passage of two
separate ordinances. Following discussion, Mayor Pro Tem Thompson moved
that Ordinance Number 326, annexing Tract 1 (12.998 acres) be approved;
Councilman Bailey seconded and motion carried 5-0. Councilman Bailey
then moved that Ordinance Number 327, annexing Tract 2 (59.024 acres) be
approved; Mayor Pro Tem Thompson seconded and motion carried 5-0.
PUBLIC HEARINGS
7. Zoning application #85-08-03'ite consider a request of Mr. Johnny
Weger on the following classifications:
A. 59.024 acres of "LI", Light Industrial to "LI", Light
Industrial
B. 12,998 acres of "A", Agriculture to "LI", Light Industrial
Mr. Johnny Weger made the presentation to the Council. Following the
presentation, Mayor Duggan declared the public hearing open and asked
for those persons who wished to speak for the proposed zoning change.
There were none. He then asked for those persons who wished to speak
against the proposed zoning change. Agin, there were none. The public
hearing was then declared closed. Following discussion by the Council,
Mayor Pro Tom Thompson moved that the zoning change be approved;
Councilman Smothermon seconded and motion carried 5-0.
8. Zoning Application#85-02-26 - to consider a request of Lincoln
Property Company on the following classifications:
A. 0.98 acres of "MF-2", Multi-Family-2 to "0", Office
B. 22.52 acres of "2F-9", Two Family-9 to "0", Office
C. 12.02 acres of "2F-9", Two Family-9 to "R", Retail
D. 7.97 acres of "2F-9", Two Family-9 to "MF-2", Multi-Family-2
E. 2.86 acres of "R", Retail to "MF-2", Multi-Family-2
F. 0.51 acres of "MF-2", Multi-Family-2 to "R", Retail
Mr. Mike Little made the presentation to the Council. He stated that
the development would have a lighted jogging trail, picnic areas, and a
pedestrian bridge to the existing City park that is directly south
across Denton Creek. Lincoln Properties anticipated spending
approximately $250,000-300,000 for the cost of these improvements. Mr.
Littl~ stated that his firm would like to amend their request to change
the park area to "PD-Flood Plain" to restrict any building in the
greenbelt areas. Additionally, the Highway Department has informed
Lincoln Properties that a total of four hundred (400) feet of
right-of-way would possibly be required for the Highway 121 by-pass;
therefore, the request is also amended to move the Retail zoning one
hundred fifty (150) feet to the north and to reduce the Office zoning
by the same amount to accommodate the additional right-of-way that would
be required. Mayor Duggan then declared the public hearing open and
asked for those persons who wished to speak for the proposed change.
There were none. He then asked for those persons who wished to speak
against the proposed change. Again, there were none. The public
hearing was then declared closed. During discussion by the Council, Mr.
Little indicated that their firm would use the same specifications and
the same building materials on their side of the park as would be used
by the City on the park on the south side of the creek. Don Morris,
park board chairman, informed the Council that the Park Board has
previously met with Lincoln Properties and that Lincoln Properties has
agreed to maintain this area for a period of five years. During further
discussion with the Council, the applicant agreed that Item No. D (7.97
acres from "2F-9" Two Family-9 to "MF-2", Multi-Family-2) would be
changed to request "MF-i", Multi-Family-1 and that the units would be
restricted to twenty-two (22) units per acre. Following discussion,
Mayor Pro Tem Thompson moved that this item be tabled until the April
23, 1985 Council meeting; Councilman Bailey seconded and motion carried
5-0. Mayor Duggan declared that the public hearing would be left open
on this item.
PLATTING ACTIONS
9. Plat Application #84-12-19 - to consider approval of a preliminary
plat for Lakeside Village located at the northwest corner of Sandy Lake
Road and MacArthur Boulevard
Mr. Larry Cares made the presentation to the Council. This plat
complies with all requirements of the City. Following discussion,
Councilman Ware moved that the preliminary plat be approved; Councilman
Bailey seconded and motion carried 5-0.
10. Plat Application #85-14-01 - to consider approval of a preliminary
plat for Windance located on the west side of Harris Street north of
Bethel School Road
Mr. Duane McClurg made the presentation to the Council. This plat
complies with all requirements of the City. Following discussion, Mayor
Pro Tem Thompson moved that this preliminary plat be approved;
Councilman Bailey seconded and motion carried 5-0.
11. Plat Application #85-02-25 - to consider approval of a preliminary
plat for Northlake Woodlands East, Phase 9 located on Moore Road between
Sandy Lake Road and Beltline Road
Mr. David Goss made the presentation. Following discussion, Councilman
PettiJohn moved that this prelilminary plat be approved; Councilman Ware
seconded and motion carried 5-0.
12. Plat Application #85-03-01 - to consider approval of a final plat
for Shadowridge Estates - Phase II located on the west side of Coppell
Road at the Ruby Road intersection
Mr. Dino Ferralli made the presentation to the Council. He stated that
the final plat is the same as the preliminary plat previously submitted
and approved by Council and meets all City requirements. Following
discussion, Councilman PettiJohn moved that this final plat be approved;
Councilman Bailey seconded and motion carried 5-0.
PUBLIC HEARINGS
13. Variance Application #85-02-21.1 - to consider a variance request
to Sign Ordinance Number 297, Section 10-5-2: No sign shall be erected
closer than ten (10) feet from the existing public right-of-way or be
constructed so as to project over such right-of-way on request of
Univest Real Estate Investments
Mr. Chris Chisolm made the presentation to the Council. 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 aginst the proposed change. Again,
there were none. The public hearing was then declared closed.
Following discussion, Mayor Pro Tem Thompson moved that the variance be
approved; Councilman Bailey seconded and motion carried 5-0.
14. Variance Application #85-03-07 - to consider a variance request to
Sign Ordinance Number 297, Section 10-5-3 (A): An occupant may erect
special purpose and/or temporary signs, other than political signs, at
any occupancy for a maximum of six (6) times in each calendar year, for
a maximum total of thirty (30) days per calendar year. Permits are
required to be thirty (30) days apart. This sign is to be located on
Moore Road north of Sandy Lake Road and is being requested by The
Staubach Company for the Town Creek Apartments
There was no one present in the audience to speak on this item. 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. Mayor Pro Tem Thompson moved that this application be denied;
Councilman Bailey seconded and motion carried 5-0.
RESOLUTIONS AND ORDINANCES
15. Consider approval of an Arson Reward Ordinance and an amendment to
the Fire Department Budget
Fire Chief Jackie Mayfield made the presentation to the Council.
Following the presentation, Mayor Pro Tem Thompson moved that
Ordinance Number 328, and the budget amendment in the amount of $250.00
be approved; Councilman Smothermon seconded and motion carried 5-0.
STAFF REQUESTS AND CITY MANAGER'S REPORT
16. City Manager's Report
City Manager Rom Ragland presented the Council with a profile of Randy
Corbin, a former City employee; he also informed the Council that the
Lincoln Properties has made application to the MUD, which should be
coming before the City shortly; the Council was also informed that First
Southwest has been rated as the Number One financial counsel; amd
finally, he requested the consensus of the Council for the Lion's Club
to park their trailer at the City's maintenance center. Following
discussion by the Council, it was the consensus of the Council that this
would be allowed.
CONSENT AGENDA
17. Approval of the Minutes of March 26, 1985 - Regular City Council
meeting
Counci~an Bailey moved that the minutes be approved as submitted; Mayor
Pro Tem Thompson seconded and motion carried 5-0.
18. ~pr~al of Departmental Bills
Following discussion on this item, Mayor Pro Tem Thompson moved that the
bills be approved for pa~ent; Counci~an Bailey seconded and motion
carried 5-0.
EXECUTIVE SESSION (Closed to the Public)
19. Article 6252-17, Section 2 (e) discussion with City Attorney
20. Article 6252-17, Section 2 (g) discussion concerning personnel
The meeting was then closed to the public for an execut~e session
allowed under the two above stated articles. Following the execut~e
session, the meeting was declared open to the public. Mayor Pro Tem
Thompson moved that the resignation of Utility Se~iceman Mike Taylor be
accepted; Councilman Bailey seconded and motion carried 5-0.
The meeting was then adjourned.
ATTEST:
ELECTION OF MUNICIPAL OFFICERS
Coppell, Texas
April 7, 1985
CANVASS OF RETURNS AND DECLARATION OF
RESULTS OF ELECTION
BE IT REMEMBERED THAT on this the ~'--day of April, 1985, at a meeting of
the City Council of the City of Coppell, Texas, a quorum being present, the meeting
was called to order and the following business was transacted.
Upon motion of Couneilmember ~/~J~/_~4 ~
and seconded by Councilmember ^ , it was
unanimously ordered that the City Council co~/sider the official returns of an election
held in the City on the above mentioned date, for the election of City Officers.
WHEREUPON said official returns were opened, examined, canvassed and the
results declared as follows:
CANV.~SS OF RETURNS AND DECLARATION OF RESULTS
WHEREAS, heretofore, the City Council of the City of Coppell, Texas, called
an election to be held in the City on April 7, 1985, for the following purpose:
To elect a Mayor for a two year term, two Councilmembers for two year terms.
AND, WHEREAS, immediately after said election the Presiding Judge and other
officials holding said election made their returns of the results thereof to the City
Council as follows, and said returns being made according to law, and duly authenticated,
and it being shown that written notice of said election was posted for the time and in
the manner provided by law, and all other proceedings pertaining to said election having
been shown to have been done and performed at and within the time and in the manner
provided by law, and all papers pertaining thereto having been returned and filed with
the City Council and no protest or objection being made to or regarding any matter
pertaining to said election;
NOW, THEREFORE, be it resolved by the City Council of the City of Coppell,
Texas, after examining said returns and opening and canvassing the votes of said election,
that the results of said election are as follows:
That the following number of votes were cast for the following named candidates
for the office of Mayor, to-wit:
NAME NUMBER OF VOTES
Andy Brown 770
Lou Duggan 1063
That the following number of votes were cast for the following named candidates
for the office of Couneilmember for a two year term, to-wit:
NAME NUMBER OF VOTES
David H. Emanuel 369
Troy Williams 664
Dale Ware 766
William C. Smothermon, Jr. 798
Terrence W. Middle 565
Bill G. Gibson 265
It appearing that Lou Duggan received the highest number of votes for the office
of MAYOR and is hereby declared to be elected to the office to serve after qualifying
for said term commencing April 1985.
It appearing that William C. Smothermon, Jr. and Dale Ware received the highest
number of votes for the office of COUNCILMEMBER (for a two year term) and they
are hereby declared to be elected to the office to serve after qualifying for said term
commencing April, 1985.
IT IS FURTHER ORDERED that this canvass and declaration of results of said
election be entered in the Minutes of the City Council and that said officers, after
they have qualified and taken their oaths, shall serve during the term commencing Apr!l,
1985, and thereafter until their successors are duly elected and qualified.
This Resolution, declaring the results of the election shall become effective
immediately after its passage.
MAWR, City of ~oppell, Tex~ /~
ATTEST:
CITY SECRE~RY, G~ell, Texas
APPROVED AS TO FORM:
CITY ATTORNEY ~
OATI~ OF MAYOR
THE STATE OF TEXAS
COUNTY OF DALLAS
CITY OF COPPELL
I, I,OU DUGGAN , do solemnly swear (or affirm) that I will faithfully
execute the duties of the office of Mayor of the City of Coppell, Texas, and will to
the best of my ability preserve, protect and defend the Constitution and the laws of
the United States and of this State; and I do further more solemnly swear (or affirm) that
I have not directly or indirectly paid, offered, or promised to pay, eontribu{ced, nor
promised to contribute, any money, or valuable thing, or promised a public office or
employment, as a reward for the giving or withholding of a vote at the election at which
I was elected. I further solemnly swear that I will not be directly or indirectly
interested in any contract with or claim against the City of Coppell, Texas, in which
I reside, except such warrants as may be issued to me as fees of office. SO HELP
ME GOD.
SWORN TO AND SUBSCRIBED BEFORE ME by the said IX)II DIIGGAN, this
the ~dayof ~4~ ,1985, to eertifywhich WITNESS MY HAND ANDSEAL
OF OFFICE. ~~
~g)TARY PUBLI~ATE--O~ TEXAS
OATH OF COUNClLMEMBER
THE STATE OF TEXAS
COUNTY OF DALLAS
CITY OF COPPELL
I, DALE WARE , do solemnly swear (or affirm) that I will faithfully
execute the duties of the office of Councilmember of the City of Coppell, Texas, and
will to the best of my ability preserve, protect and defend the Constitution and the
laws of the United States and of this State; and I do further more solemnly swear (or
affirm) that I have not directly or indirectly paid, offered, or promised to pay,
contributed, nor promised to contribute, any money, or valuable thing, or promised a
public office or employment, as a reward for the giving or withholding of a vote at
the election at which I was elected. I further solemnly swear that I will not be directly
or indirectly interested in any contract with or claim against the City of Coppell,
Texas, in which I reside, except such warrants as may be issued to me as fees of office.
SO HELP ME GOD.
SWORN TO AND SUBSCRIBED BEFORE ME by the said DALE WARE, this the
_.~_~-~day of ~, 1985, to certify which WITNESS MY HAND AND SEAL
OF OFFICE. ~Z~ C~~/
S
OATR OF COUI~CII,MEMBEI~
THE STATE OF TEXAS
COUNTY OF DALLAS
CITY OF COPPELL
I, WILLIAM C. SMOTHERMON, JR. , do solemnly swear (or affirm) that
I will faithfully execute the dutie~ of the office of Councilmember of the City of
Coppell, Texas, and will to the best of my ability preserve, protect and defend the
Constitution and the laws of the United States and of this State; and I do further more
solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or
promised to pay, contributed, nor promised to contribute, any money, or valuable thing,
or promised a public office or employment, es a reward for the giving or withholding of
a vote at the election at which I wes elected. I further solemnly swear that I will not
be directly or indirectly interested in any contract with or claim against the City of
Coppell, Texas, in which I reside, except such warrants as may be issued to me as fees
of office. SO HELP ME GOD.
WILLIAM C. SMOTHERMO~/JR.
SWORN TO AND SUBSCRIBED BEFORE ME by the said WILLIAM C.
SMOTHERMON, JR., this the ~'/~ day of ~_~ , 1985, to certify which
OFFICE. ~/ ~