CM 1985-08-13 Minutes of August 13, 1985
The City Council of the City of Coppell met in regular session on
Tuesday, August 13, 1985, at 7:00 p.m. in the Coppell High School
Administration Building. The following members were present: Lou Duggan, Mayor
Bunny Thompson, Mayor Pro Tem (late arrival)
Dale Ware, Councilman
John Bailey, Councilman
Walter PettiJohn, Councilman
Bill Smothermon, Councilman
Also present were City Secretary Dorothy Timz~ons, City Water Superin-
tendent Steve Goram, and City Attorney Larry Jackson.
The meeting was called to order by Mayor Lou Duggan.
EXECUTIVE SESSION: (Closed to the Public)
Item No. 1: Article 6252-17, Section 2 (e) discussion with City
Attorney
Item No. 2: Article 6252-17, Section 2 (g) discussion concerning
personnel
The meeting was then closed to the public for an executive session as
allowed under the above stated articles.
OPEN SESSION
Item No. 3: Consider action based on matters discussed in the executive
session
Mayor Duggan instructed the City staff to implement the department head
raises as discussed during the executive session.
CITIZENS APPEARANCES
Item No. 4: Consideration of citizens who wish to speak to the City
Council
Mayor Duggan asked if there were citizens present who wished to address
the City Council on items that were not listed on the agenda. There
were none.
REQUESTS AND PRESENTATIONS
Item No. $: Presentation and consideration of an ordinance authorizing
the issuance of $11,325,000 General Obligation Bonds and discussion of
other related matters
Mr. Boyd London of First Southwest made the presentation to the Council.
Bids were received, opened and presented to the Council. Of the four
that were received, Sheerson-American Express with a quote of 9.149744%
was the lowest bid. Following verification of the bid, Mr. London
recommended that the Council accept this bid. Councilman Smothermon
moved that the City accept the lowest bid as recommended by Financial
Consultant Boyd London; Councilman PettiJohn seconded and motion carried
4-0. Mr. London then recommended approval of an ordinance, No. 335,
approving the sale of the bonds. Following discussion, Councilman
Smothermon moved that the above stated ordinance be approved; Councilman
Bailey seconded and motion carried 4-0.
Item No. 6: Consider request for approval to waive the penalty and
interest charges on delinquent taxes of V. C. Jenkins
Tax Assessor Debbie Layton made the presentation to the Council. She
stated that this case is an extreme hardship case in that Mr. Jenkins is
totally disabled and receives a fixed income from Social Security. An
effort has been made to pay the taxes; however, the penalty and interest
has in some cases been larger than the tax amount and because of the
fixed income, it has been impossible for Mr. Jenkins to pay off the
entire bill. Discussion was held concerning the waiving of the 15%
attorney fees as this fee is forwarded to the delinquent tax attorney
firm. Following discussion, Councilman Pettijohn moved that the penalty
and interest be waived, excluding delinquent tax attorney fees;
Councilman Smothermon seconded and motion carried 4-0.
Item No. 7: Consider request from Mr. Jim Jenne for approval for
annexation of 15.44 scres of land into the Coppell Municipal Utility
District No. 1
Mr. Jim Jenne and Mr. Jerry Hackler made the presentation to the
Council. Mr. Jenne stated that he was originally informed that this
acreage was included in the MUD and that it was impossible to provide
sanitary sewer to ths property without using the MUD lines; therefore,
in order to develop the property to its highest and best use, it would
require admission to the MUD to provide this service. Following
discussion, Councilman PettiJohn moved that the annexation of the 15.44
acres of land into the MUD be approved; Councilman Bailey seconded and
motion carried 3-1 with Councilman Ware voting against the motion.
PUBLIC HEARINGS
Item No. 8: Zoning Application #85-04-30 - request of Michael T. Curtis
for a zoning change from "C", Commercial to "C-SUP (Auto Repair
Garage)", Commercial with a Specific Use Permit for an Automobile Repair
Garage on property located at 932 South Beltline Road
Date of Planning and Zoning Hearing July 18, 1985
Recommendation of Planning and Zoning Approval
Mr. Michael T. Curtis made the presentation to the Council. He stated
that the zoning would allow for office space and renovation of two
existing car wash bays to quick lube change bays. Two of the front car
wash bays and the drying area would be deleted to allow for additional
landscaping and parking. 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. Again, there were none.
Mayor Duggan then declared the public hearing closed. Following
discussion by the Council, Councilman Bailey moved that the zoning
change be approved with the revisions as recommended by the Planning and
Zoning Commission; Councilman PettiJohn seconded and motion carried 4-0.
Item No. 9: Sign Variance #85-07-26 - request of Minyards Food Store
for a variance to Section 10-6-2(E) of the sign ordinance
Date of Planning and Zoning Hearing August 8, 1985
Recommendation of Planning and Zoning Approval
Mr. Bobby Minyard made the presentation to the Council. He stated that
the cumulative area of the proposed signs are approximately 52 square
feet over what the ordinances allow; therefore, he is requesting a
variance in order to install the signs as planned. 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. Mayor Duggan then declared the public hearing closed.
Following discussion, Councilman PettiJohn moved that the variance be
approved; Councilman Smothermon seconded and motion carried 4-0.
PLATTING ACTIONS
Item No. 10: Plat Application #85-05-23 - request of Nikor Commerce
Center for preliminary plat approval on property located on Crestside
Drive in the Connell Northlake 635 project (Tabled from 7-23-85)
Date of Planning and Zoning Hearing June 20, 1985
Recommendation of Planning and Zoning Approval with stipulations
Mr. Russell Grimes made the presentation to the Council. He stated that
he will deed restrict his property so that the property owner would have
to upkeep the screening wall that is proposed at the rear of the
property. A 32" parapet wall will hide the air conditioning system on
the roof. Following discussion, Councilman Smothermon moved that this
plat be approved subject to the filing of the appropriate deed
restrictions; Councilman PettiJohn seconded and motion carried 4-0.
Item No. 11: Plat Application #85-06-28 - request of Terra Land
Development Company for preliminary plat approval of the right-of-way
for Riverchase Drive
Date of Planning and Zoning Hearing July 18, 1985
Recommendation of Planning and Zoning Approval
Mr. Jay Patterson of Terra Land Development Company made the
presentation to the Council. Concerns were voiced by the Council
concerning the crossing of golf carts on Riverchase Drive. Mr.
Patterson stated that heavy automobile traffic is not expected in this
area, but if a problem arises, a request will be made to the City for
installation, at the developer's expense, of a traffic light at this
point. Following discussion, Councilman Pettijohn moved that this plat
be approved; Councilman Bailey seconded and motion carried 4-0.
Item No. 12: Plat Application #85-06-24 - request of SBS Venture for
final plat approval on Villages at Cottonwood Creek, Section III located
at the northeast corner of Coppell Road and Thweatt Road
Date of Planning and Zoning Hearing July 18, 1985 ~-~
Recommendation of Planning and Zoning Approval
Mr. Tony Delbalzo made the presentation to the Council. He stated that
this development consists of sixty-four (64) lots on sixteen acres of
land and that the development is included in the MUD. Mayor Pro Tem
Thompson arrived during discussion on this item. Following discussion,
Councilman Bailey moved that this plat be approved subject to payment of
fees; Councilman PettiJohn seconded and motion carried 5-0.
ORDINANCES AND RESOLUTIONS
Item No. 13: Consider approval of an ordinance designating the Coppell
Public Library as a Community Library
Librarian Judi Biggerstaff made the presentation to the Council. She
stated that one of the benefits of this proposal is that if the City is
designated as a Community Library, for a cost of $50.00, the City would
he able to obtain $5,300 worth of benefits. This designation would in
no way conflict with the City's current contract with Dallas County for
library services. Following discussion, Councilman PettiJohn moved that
Ordinance No. 333 be approved; Councilman Smothermon seconded and motion
carried 5-0.
Item No. 14: Consider approval of a resolution reconfirming the
appointment of Robert E. Thomas as the City's representative to the -'%
Dallas Area Rapid Transit (DART) Board I
Following discussion on this item, Councilman Smothermon moved that
Resolution No. 081385 be approved; Mayor Pro Tem Thompson seconded and
motion carried 5-0.
Item No. 15: Consider approval of an ordinance adopting updated service
credits under the Texas Municipal Retirement (TMRS) Act
Tax Assessor Debbie Layton made the presentation to the Council. She
stated that approval of this ordinance would allow retirees and benefi-
ciaries of retirees of the City to keep pace with inflation. Following
discussion on this item, Councilman Bailey moved that Ordinance No. 334
be approved; Councilman Pettijohn seconded and motion carried 5-0.
Item No. 16: Consider approval of an amendment to Ordinance No. 314
regulating the installation of traffic control devices
Discussion was held by the Council on this item. Because an ordinance
was not prepared at this time, it was the consensus of the Council that
this item be placed on a future agenda.
OTHER BUSINESS
Item No. 17: Discussion on amending the Comprehensive Zoning Ordinance
for resolution of mat~ers similiar to problems experienced on Bullock
and Howell Streets
Mayor Duggan addressed this item and informed those persons present in
the audience that this item was not listed as a public hearing; however,
following Council discussion, one representative for each side would be
allowed to speak. City Attorney Larry Jackson then addressed the
Council and presented alternative ways to attempt to solve problems of
this nature. Following discussion by the Council, Mr. Tim Mayrath of
832 Howell spoke for those citizens who wished the area to remain under
the Commercial zoning classification. Mr. Ron Peters of 804 Howell
spoke for those citizens who wished to see the area remain residential
and be changed to a Residential zoning classification. Following a
lengthy discussion, it was the consensus of the Council that a work
session would need to be scheduled in the future to resolve this
problem.
Item No. 18: Approval of Minutes - July 23, 1985
Councilman Smothermon moved that the minutes be approved as submitted;
Councilman Ware seconded and motion carried 5-0.
Item No. 19: Approval of Departmental Bills
Councilman Smothermon moved that the departmental bills be approved for
payment; Mayor Pro Tem Thompson seconded and motion carried 5-0.
Item No. 20: Discussion concerning the City's Sign Ordinance
Mr. Mark Wolfe of ReMax Realtors spoke to the Council. He stated that
there were five main areas of concern from the development community.
They are (1) "Open House" signs; (2) "Sold" signs; (3) only two signs
per yard being allowed and a clarification as to what is allowed under
this category; (4) the posting requirement of signs 15 feet off the
roadway or behind sidewalks; and (5) permit fees for the "Open House"
and "For Sale" signs. Discussion by the Council provided the following
directive for the City staff: The definition of "Sold" for purposes
stated in the Sign Ordinance is to mean "at closing" and not when a
"contract for sale" has been signed. Additionally, an amendment to the
ordinance is to be prepared that would allow three (3) signs (total) per
yard and to remove the permit fees required for "Open House" and?For
Sale" signs. The two additional areas of concern, the time regulations
and placement of "Open House" signs would be addressed in a meeting to
be held with Mayor Pro Tem Thompson and representatives of the realtor
and developer community.
Councilman Ware then moved that Ordinance No. 287-A-9, extending the
City's regulations on signs to its extraterritorial Jurisdiction, be
approved; Councilman Smothermon seconded and motion carried 5-0.
STAFF REQUESTS AND MAYOR'S REPORT
Item No. 21: Request from Fire Chief Jackie Mayfield for a budget
amendment and approval to purchase an auxilary power generator for the
Central Fire Station
Fire Chief Jackie Mayfield made the presentation to the Council. He '-~
stated that a generator of the type that is needed can be purchased from
Sam's Wholesale Warehouse for $579.99 and it is his recommendation that
approval for this purchase and amendment to the Fire Department Budget,
Account #506 be given. Following discussion, Councilman Ware moved that
the recommendation of the fire chief be approved; Councilman Smothermon
seconded and motion carried 5-0.
Item No. 22: Request from Fire Chief Jackie Mayfield for a budget
amendment and approval to purchase an encoder for the paging system at
the Central Fire Station
Fire Chief Jackie Mayfield also made this presentation to the Council.
His recommendation is that the encoder be purchased from Motorola at a
cost of $924.40 and that a budget amendment to the Fire Department
Budget, Account #506 be given. Following discussion, Mayor Pro Tem
Thompson moved that the recommendation of the fire chief be approved;
Councilman Smothermon seconded and motion carried 4-0. Councilman Ware
was not present in Council chambers during discussion and vote on this
item.
Item No. 23: Request from Fire Chief Jackie Mayfield to restructure the
Emergency Medical Service fees
Fire Chief Jackie Mayfield stated that his recommendation for this item
is to charge a fee of $100 to non-residents of Coppell and provide the ~-~
service free to those citizens in Coppell. Following discussion,
Councilman Smothermon moved that the recommendation of the fire chief be
approved; Councilman PettiJohn seconded and motion carried 5-0.
Item No. 24: Request from Fire Chief Jackie Mayfield to develop
specifications and advertise for bids for an ambulance as approved in
the 1984 Bond Election
Following discussion on this item, Councilman Ware moved that the
request of Fire Chief Jackie Mayfield to develop specifications and
advertise for bids for an ambulance be approved; Councilman Smothermon
seconded and motion carried 5-0.
Item No. 25: Mayor's Report
Mayor Duggan informed the Council of the following items: (1)
information on the City's upcoming budget retreat; (2) the progress of
the city administrator selection committee; (3) a statue report on the
Home Rule Charter Cor~aittee; (4) information on a levy district meeting
for those persons interested concerning the land north of DeForest Road;
(5) plans for the city secretary to take accrued vacation time; (6) a
town forum meeting by Representative Martin Frost on Monday, August
19th; (7) information on complimentary letters to personnel in the
Police Department; (8) a report from Councilman Bailey on the status of
the'proposed meetings with Lewisville on the Lomas & Nettleton project;
(9) an update on the reimbursement of developer impact fees; (10) a
request for the establishment of an ordinance governing the placement of
satellite dishes; (11) a request for the establishment of an ordinance
regulating the operation of child care centers; and (13) the status of
the City's purchase of a ten-acre tract for a municipal service center.
The meeting was then closed to the public for continuation of the
executive session as allowed under the two previously stated articles.
Following the executive session, the meeting was declared open to the
public. Councilman PettiJohn moved that the following items be
approved: (1) the termination of Police Dispatcher Nina Scrima ( a pre-
termination hearing was held by the City and Ms. Scrima did not appear);
(2) the hiring of Police Dispatcher Donna Lynn Pendleton; (3) the
approval of the position for an additional court clerk; (4) the
termination of Street Laborer John Trunzler (a pre-termination hearing
was held by the City and Mr. Trunzler did not appear); (5) the hiring of
Street Laborer Marten Edward Dowdy; (6) the resignation of Utility
Serviceman Keith Smith; (7) the hiring of Utility Serviceman Theodore
(Ted) Dutt; (8) the hiring of Utility Serviceman Aaron F. Harthcock; (9)
the resignation of Street and Parks Superintendent C. B. Rogers; (10)
the resignation of Building Official Dean Youngblood; (11) the
reclassification of Inspector Dale Jackson to Chief Field Inspector;
(12) the reclassification of Street Laborer Per Birdsall to Street
Foreman; (13) the reclassification of Water Laborer Carl Bass to Water
Foreman; (14) the hiring of Parks Foreman Richard Diano; (15) the
approval for hiring of temporary help in City Hall; (16) the approval
for implementation of an Administrative Assistant Program; and (17) the
hiring of Dub Layton for janitorial services. Councilman Smothermon
seconded the motion, which carried 5-0.
The meeting was then adjourned.
ATTEST: