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CM 1978-08-22 Minutes of August~ 22, 1978 The City Council of the City of Coppell met in regular session on August 22, 1978, at 7:30 p.m. in the Coppell High School Cafeteria. The following members were present: John R. Burns, Mayor Andy Brown, Mayor Pro Tem Roy Brock, Councilman (Late Arrival) Glen White, Councilman Andy Grant, Councilman Councilman David Phillips was not present. Also present were City Admini- strator James Elium, City Attorney Larry Jackson, and City Secretary Dorothy Timmons. The meeting was called to order and everyone asked to stand while Council- man White gave the invocation. Councilman White then moved that the reading of the minutes be waived; Mayor Pro Tem Brown seconded and motion carried 3-0 with the mayor showing his approval. Councilman Grant moved that the minutes be approved as submitted; Mayor Pro Tem Brown seconded and motion carried 3-0 with the mayor showing his approval. The first item for consideration by the Council was presentation and approval of the tax roll for the 1978 tax year. City Administrator James Elium present- ed a tax roll which amounts to approximately $65,000,000 in evaluation. Councilman White moved that the tax roll for 1978 be approved; Mayor Pro Tem Brown seconded and motion carried 3-0 with the mayor showing his approval. The next item on the agenda was a public hearing on the proposed Municipal and Revenue Sharing Budget for the 1978-79 fiscal year and consideration of an ordinance approving this budget. Mayor Burns declared the public hearing open and asked for comments from persons in the audience. Mrs. Jane Grant asked to be recognized and questioned how much money the City would be re- ceiving in Revenue Sharing Funds. City Administrator James Elium stated that approximately $35,000 would be received for the 78-79 fiscal year. Mr. Elium then read the Mayor and City Administrator's message to the Council concerning the proposed budget. Councilman Brock arrived during the reading of this message. Mr. Foy Layton requested to be recognized from the audience and stated that he would like to see the Revenue sharing money spent on additional office space, property, or other municipal buildings. Mr. Frank Pope was recognized and stated that he would also like to see the money spent on munici- pal buildings. Du~ing Council discussion on this item, Councilman Grant ex- pressed his feelings that sufficient opportunity had not been provided for citizen input on the proposed budget. He also read an article from the Dallas Morning News concerning Revenue Sharing and CETA funds and stated that he felt these would not be available in the future. He felt that a tax increase is necessary. Mayor Pro Tem Brown stated that he felt the budget was a good, workable budget and that it is not anticipated that the City will be bank- rupt by this time next year. The proposed 78-79 budget can provide for pay- ment of expenses without having a tax increase. The only written comment handed in to the Council concerning Revenue Sharing funds was one from Mrs. June Chenault who requested that the money be spent for capital equipment rather than consumable items. Mayor Burns declared the public hearing on the budget closed. City Attorney Larry Jackson read the proposed ordinance approving the budget. There were no amendments. Councilman Grant moved that the budget be adopted; Councilman Brock seconded and motion carried 4-0 with the mayor abstaining from showing approval or disapproval. A copy of the budget ordinance no. 187 is attached as a permanent part of these minutes. An ordinance setting the tax rate for the 1978 tax year was the next item to be considered. City Attorney Larry Jackson read a copy of this ordinance which proposes to set the tax rate at $.95 per $100 based upon 32% evaluation. The maintenance rate would be .9177 and the interest and sinking rate .0323. Councilman Brock moved that this ordinance be approved; Councilman Grant seconded and motion carried 4-0 with the mayor showing his approval. Mayor Pro Tem Brown stated that he woUl~'~'publicly express his thanks for all the hours spent typing and working on the budget to City staff mem- bers Pat Belvin and Debbie Layton, and to City Secretary Dorothy Tin, nons. The next item to be considered was a public hearing-for a zoning change request by Mr. Bert Meadows from "PD-119" and "SF-12" to Single Family and Retail on the property located at the northeast corner of Sandy Lake Road and De- Forest Road in the City of Coppell, Texas. Mayor Burns declared the public hearing open and recognized Mr. Bert Meadows who made the presentation for the zoning change request. Mr. Meadows stated that they are proposing to change the zoning in the Planned Development which calls for Multi-Family Dwellings to "SF-9" wi th a small area to be Retail and to change the "SF-12" zoning to "SF-9". There w~ll be a total of 421 homes with the houses be- ing deed restricted to 1600 square feet. Mrs. Jane Grant asked to be rec- ognized from the audience and stated that she would like to see the property that is presently zoned "SF-12" left as is and that some "MF-I" be left so that the land would not be so monotonous. Mr. Glen Hinckley representing Bert Meadows responded to this question and stated that continuity of the area around the proposed development was considered when this change was requested. Mrs. June Chenault asked to be recognized and requested the total number of houses that would be built and when the first phase would be finished. She also questioned how many children it would put in the schools for the 1979~80 school year. Mr~ Hinckley responded that 421 houses would be built with approximately ll5 being built in the first year to start some time in December with the houses being finished around the middle of the summer of 1979. The total number of children for the full development would be approximately 547 with an average of 120 in the first phase. Mr. Foy Layton, Chairman of the Planning and Zoning ¢on~nission, asked to be recognized and stated that this Commission has discussed with the School Board and the School Superintendent their ability to handle the increased number of school children and was told that the school is planning a bond issue to increase the size of the schools, and they felt that it would not present too great a demand on the present school system. Mr. Mickey Stroud asked to be rec- ognized and questioned the price range of the housing as well as the Revenues that it would bring to the City. Mr. Bert Meadows stated that the price range of the houses would be the middle 60's. City Administrator James Elium stated that approximately SlO0,O00 per year in Revenues would be brought into the City. Mr. Lee Hall asked to be recognized and stated that a previous development, Fox and Jacobs, had said that they were told the schools could handle the increased number of children and now taxes were being raised in the proposed school budget. He questioned whether or not there would be anothe¥ increase because of this proposed development. Mr. Geren Burton asked to be recognized from the audience to respond to this question and stated that the school is proposing to call a bond issue probably in October and that the proceeds of this issue would be used to build new schools and to make improvements to the existing ~chools. Mrs. Lillian Checkley asked to be recognized and questioned whether this proposed development would either build any school rooms or contribute any money for the development of the rooms. Mayor Pro Tem Brown stated that this would be discussed in the next item. Councilman Brock questioned the decrease in the density of the population if the area is rezoned from the Multi-Family to SF-9. Mr. Glen Hinckley stated that the density of population would be four times less in the SF-9 zoning than it would be in the Multi-Family zoning. Mr. Randy Rayley asked to be recognized from the audience and questioned what the figures "SF-9" and "SF-12" stand for. Councilman White stated that they .referred to the size of the lots for the houses. Mayor Burns then declared the public hearing closed and asked for con~nents from Councilme~bers. Councilman Grant stated that he likes the change from the Multi-Family to Single Family; however, he dislikes the Retail at the corner of Sandy Lake and DeForest Road because of the traffic problems he feels that it would create. Following discussion on this item, Councilman Brock moved that the zoning application be approved; Mayor Pro Tem Brown seconded and motion carried 3-1 with Councilman Grant against and the mayor showing his approval. The next item considered by the Council was approval of the preliminary plat on the above zoning case. Mr. Bert Meadows stated that the application has been approved by the Planning and Zoning Commission with three conditions. Two of those conditions have been incorporated into the plat that is presented tonight. The first of those is the elimination of alleys along Sandy Lake Rd. being replaced with berms in this area. The second is the elimination of the alley on DeForest Road. The third ~onJl{lon that $25 per lot plus pocket parks~which would take up six lots, has not been incorporated into the pre- liminary plat for Council's consideration. Mr. Meadows stated that he would be willing to donate $25 per lot but felt that the six lots for the parks would be economically unfeasible. Mayor Burns asked first for comments from the City Council on the preliminary plat. There followed a period of discussion from the Council members concerning the traffic hazard at the intersection, the use of greenbelts in the area, and the donation of land for pocket parks, or the $25 per lot. Following a lengthy discussion on this item, Councilman White moved that this item be tabled until the next Council meeting. Council- man Grant seconded and motion carried 3-0-1 with Councilman Brock abstaining and the mayor showing his approval. City Attorney Larry Jackson stated that it had been brought to the City's attention that the contract for this land is contingent upon approval of the preliminary plat as well as the zoning. He stated that he has informed the applicant that the zoning is not final until an~ordinance is passed. Mayor Burns declared a short recess. Following the recess, Councilman White moved that this item be removed from the :able for consideration by the Council; Mayor Pro Tem Brown seconded and motion failed to pass by a vote of 1-2-1 with Mayor Pro Tem Brown for the motion and Councilman Grant and Brock against the motion. Councilman White abstained from voting and the mayor showed his approval of the motion. Mr. Bert Meadows at this time asked to be recognized and stated that he would like to have his zoning request and the preliminary plat approval request withdrawn. Mayor Pro Tem Brown moved that the Council accept Mr. Meadow's request to withdraw the zoning application and the preliminary plat; Councilman Brock seconded and motion carried 4-0 with the mayor abstaining from showing either approval or disapproval. The next item to be considered by the Council was approval of Invoices No. 410 in the amount of $2,568.60 and No. 411 in the amount of S16,906.55 to Ky'le and Associates for engineering work done on the EPA Project - Step 3. Also submitted was a bill for $1,000 for engineering work done on increasing the size of a sewer line to serve the Joseph Driscoll property. Councilman Grant moved that these items be approved for payment; Councilman Brock seconded and motion carted 4-0 with the mayor showing his approval. Next, the Council discussed prohibiting thru truck traffic on Moore Road from Beltline Road to Sandy Lake Road. Mayor Pro Tem Brown requested that this item be placed on the agenda because of the numerous complaints he has re- ceived from citizens in that area concerning the traffic on Moore Road. Mr. Geren Burton, Planning and Zoning Commission member, asked to be recognized from the audience and stated that he had originally requested the three-way stop sign to be placed at Moore and Bethel Roads. His reasons for requesting this sign was the safety reasons for the other drivers as well as the persons who would be walking along this road, and also because of the deterioration of the road. Following discussion on this item, Councilman White moved that Moore Road from Sandy Lake Road to Beltline Road prohibit thru truck traffic for trucks of two ton or greater capacity; Mayor Pro Tem Brown seconded the motion which carried 4-0 with the mayor abstaining from showing approval or disapproval. Next, the Council heard a report from City Attorney Larry Jackson on the litigation expense on the citizen's law suit. City Attorney Jackson stated that presently the City has incurred expenses of approximately $2,200. He estimates that the bill will run around S3,000 to carry the case through the district courts. At this time, the Court date is set for October 20. No other action was taken on this item. Next, the Council considered approval of a contract with Henningson, Durham & Richardson, Inc. for services to evaluate the systems on the controls for the water storage tower. Mr. Bob Hogan, Executive Vice President of HDR, was present to discuss this contract and stated that it calls for an amount of money not to exceed $1,500 to be paid for these services. Following dis- cussion on this item, Councilman Brock moved that the contract be approved; Councilman White seconded and motion carried 3-0-1 with Councilman Grant abstaining and the mayor showing his approval. City Administrator's Report was the next item on the agenda. City Administra- tor Elium stated that the contractor on the EPA Project has been doing a better job as far as clean-up is concerned. He also stated that he has in- directly received word that the IPA Grant has been approved, and we should be receiving word officially in the coming week. He stated that he is still working on the 701 Program and on the reimbursement on a sign replacements program. Councilman White stated that he would like to make a statement concerning the open house held at the Library and felt that Jo Jackson should be recognized for an outstanding job. The next item was approval of the bills. Councilman White moved that the bills be approved for payment; Councilman Grant seconded and motion carried 4-0 with the mayor showing his approval. Mayor Burns then declared a short recess. Following the recess, City Administrator James Elium informed the Council that Mr. Bert Meadows had reconsidered his decision to withdraw the preliminary plat and requested that the Council disregard or defer their motion to approve withdrawal of the plat. Following discussion on this item, Council- man White moved that the motion to accept the withdrawal of the zoning ap- plication and the preliminary plat for Mr. Bert Meadows be deferred until the next Council meeting. Mayor Pro Tem Brown seconded and motion carried 2-1-1 with Councilman White and Mayor Pro Tem Brown for the motion, Council- man Grant against the motion, Councilman Brock abstaining from the motion and the mayor showing his approval of the motion. City Administrator James Elium is to inform the newspaper people of the Council's decision in this matter. The next item on the agenda was an Executive Session allewed under Article 6252-17, Section 2(g), discussion concerning personnel and Article 6252-17, Section 2(c), discussion with City Attorney. Councilman Grant stated that he would like to withdraw his request for the Executive Session concerning personnel. Following the Executive Session, the meeting was adjourned. John R. Burns, Mayor ATTEST: Dorothy Timmoys, ~ Secretary -