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CM 1985-07-16 Minutes of July 16, 1985 The City Council of the City of Coppell met in special called session on Tuesday, July 16, 1985,at 6:30 p.m.for Executive Session in the Coppell High School Administration Building and at 7:00 p.m. for Open Session. The following members were present: Lou Duggan, Hayor Bunny Thompson, Mayor Pro Tem Dale Ware, Councilman John Bailey, Councilman Bill Smotbermon, Councilman Councilman Walter PettiJohn was not present. Also present were City Secretary Dorothy Tim~ons,'City Water Superintendent Steve Goram, and City Attorney Larry Jackson. The meeting was called to order by Mayor Lou Duggan and immediately went into Executive Session as allowed under Article 6252-17, Section 2 (e) discussion with City Attorney and Article 6252-17, Section 2 (g) discussion concerning personnel. Following the Executive Session, the meeting was declared open to the public. Mayor Pro Tem Thompson moved that John Trunzler be suspended without pay, effective July 15, 1985. Councilman Bailey seconded and motion carried 3-0. Mayor Pro Tem Thompson then moved that Robert Campos be transferred from a Street and Park Laborer to the position of Animal Warden. Councilman Bailey seconded. Motion carried 3-0. Mayor Pro Tem Thompson moved that Chuck Dyer and Rudy Cassias be hired as Street and Parks Department Laborers effective July 17, 1985. Councilman Bailey seconded . Motion carried 3-0. Councilman Smothermon was not in the Council Chambers during the previous motions. Mayor Pro Tem Thompson then moved that Caroline Morris be transferred to the position of Planning and Zoning Co-ordinator, effective July 16, 1985. Councilman Smo=hermon seconded and motion carried 4-0. Mayor Duggan then noted the appointment of Councilman Smothermon, Councilman Bailey, and Water Superintendent Steve Goram to a co--,ittee to screen the applications received for the position of City Administrator. ITEM 3: A Work Session on the Developer Impact Fees was then held by the Council and members of the Development Community. Those persons from the Development Council speaking were Mr. Mike Allen of Univest Corporation, Mr. David Leininger of Triland Corporation, Mr. Sam Wyse of General Homes, and Mr. Tony DelBalzo of SBS Development. Their presentation to the Council indicated that they had been informed by previous City Staff that the difference between the higher sub-division fees adopted in 1984 and the lower fees recently adopted would be refunded to them. Council members requested information of City Engineer ~ayne Ginn, and Financial Consultant Lewis McLain concerning meetings held with the developers and committments to repay the difference between the two fees. Following discussion with the Developer's Council, questions and concerns were expressed by Council members as to the legality of refunding those fees paid under protest by the developers as well as a determination of the effective date that the most current fees would be based upon. Following discussions by the Council, Councilman Bailey moved that the City consider a refund on the Impact Fees and that any refunds paid will not exceed 50% of the difference between those fees paid under the old structure adopted in 1984 and the new fees adopted in 1985, and that the date of record be the filinE date of the plat with the City. Councilman Ware seconded and motion carried 3-1, with Councilman Smothermon voting asainst the motion. It was determined by the Council that those developers wishing to request a refund would have 30 days from July 16, 1985 to submit a letter wi~h supporting documentation requesting these refunds. Mike Allen, President of the Developers Council will assist in sending out letters to those people on the Developer's Council. Following further discussion, Councilman Smothermon moved that those final plats submitted prior to June 25, 1985be required to pay the fees in effect prior to that date and that upon receipt of those fees, 50Z of the fee for water and sewer impact fees as well as construction fees be i~ediately refunded to those developers. Mayor Pro Tem Thompson seconded. Motion carried 4-0. ITEM 4: Yr. Larry Martin, President of the MUD Board introduced himself as well other members connected with the MUD. Those persons introduced were Mr. Dick Pierce and Mr. Jeff Hawkins, Engineers for the District, Paul Phy, Attorney for the District and Board Members Terry Long , Charlie Wade, Bob Rehm, and Mark Bruener. Mr. Dick Pierce made · a short presentation to the Council. He indicated on a City map the boundary lines of the Utility District as well as three areas that have requested annexation to the District. Mr. Paul Phy spoke on those areas that were requesting annexation and informed the Council that the MUD District cannot annex additional areas without approval from the City nor can they annex any area that would Jeopardize service to those already within the MUD District. It was a request of the MUD that a committee from the City be appointed to work with the MUD Board on a regular basis and that the City consider the applications that have been submitted for annexation and indicate either approval or disapproval for those areas into the MUD. No action was required on this item at this time. The meeting was then adjourned. ATTEST: