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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. ~/ ~