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CM 1978-01-10 Minutes of January 10, 1978 The City Council of the City of Coppell met in regular' session on January 10, 1978, at 7:30 p.m., in the Coppell High School Cafeteria. The following members were present: John R. Burns, Mayor --~ Fred Baker, Mayor Pro Tem Roy Brock, Councilman Stubby Steadman, Councilman Andy Grant, Councilman Councilman Don Carter was not present. Also present were City Administrator James Elium, City Attorney Larry Jackson, and City Secretary Dorothy Timmons. The meeting was called to order and everyone asked to stand while Councilman Brock gave the invocation. Councilman Steadman moved that the reading of the minutes be waived; Councilman Brock seconded and motion carried 4-0 with the mayor showing his approval. A correction was noted on the motion for retaining the firm of R. E. Harrington to keep the books for unemployment compensation. It was noted that Councilman Grant made the motion and Councilman Carter seconded. Councilman Grant then moved that the minutes be approved as corrected; Mayor Pro Tem Baker seconded and motion carried 4-0 with the mayor showing his approval. A request for a temporary mobile home permit on the property of Mrs. Martha E. Thompson was presented by Reverend C. A. McBride. He presented a petition to the Council requesting this permit. The petition was signed by the surrounding neighbors and stated that they had no objection to the permit being granted. The petition also stated that the mobile home will be removed upon the death of Mrs. Thompson. Councilman Grant moved that the permit be granted; Councilman Steadman seconded and motion carried 4-0 with the mayor showing his approval. The next item to be considered was a request to waive the penalty and interest due on taxes on Abstract 145, BBB & CRR Survey, Tract 4. This tract of land is situated in the Northwest corner of the City and lies in the controversial Dallas-Denton County area. When the taxes were re-evaluated in 1972, this tract was picked up and put on the City records under an incorrect name. When the error was discovered this year, the correct owner paid the taxes, but requested that the penalty and interest be waived since he had not received a tax statement. City Attorney Larry Jackson advised the Council that this could be done in certain cases, and that this case would come under the provisions of the law that allow the penalty and interest to be waived. Councilman Brock moved that this be done; Councilman Grant seconded and motion carried 4-0 with the mayor showing his approval. Next Mayor John Burns read a letter from Councilman Don Carter concerning his recent injury, his absence from future Council meetings, and his disqualification pertaining to the Fox and.jacobs hearings. Mayor Pro Tem Baker moved that the letter be made a part of the minutes and that the following resolution which he would read be adopted. The resolution was then read in its entirety. Councilman Brock seconded the motion. Councilman Grant raised a question concerning the legality of adopting the resolution and was answered by City Attorney Larry Jackson that the adoption would be legal. Following discussion on this matter, the motion carried 3-1 with Councilman Grant against and the mayor showing his approval. A copy of both the letter and the resolution are attached as a permanent part of these minutes. Mayor John Burns then read a petition signed by approximately forty persons requesting that the City reconsider their vote on financing the recently received EPA Sewer Grant Project. The petition requested that the project be financed as a complete project Father than being put in piecemeal. City Administrator James Elium advised the Council that he had talked with Boyd London of First Southwest who are the City's financial advisors and that Mr. London assured him that the City could issue Certificates of Obligation and still be in sound financial shape. Following discussion on this matter, Councilman Grant moved that the City finance the construction of the sewer facilities as a complete project and revoke their vote of December 13, 1977; Councilman Steadman seconded the motion which carried 3-1 with Councilman Brock against and the mayor showing his approval. 26 The next item to be considered was a public hearing on the zone change request of Fox and Jacobs. Inc. for a change in residential zoning from SF-12 to SF-7. Mr. Walter Damon of Fox and Jacobs made the presentatton,. The proposed plans call for the Flair and Accent homes to be build which will range from 1,400 to 2,200 square feet of air conditioned space. The price range is expected' to be from-S37,000 to $50,000 with approximately 440 homes expected to be built on the 120 acres of land.. The plans call for concrete streets and concrete curb and gutter. The alleys will be paved and the utilities will be underground. The average size lot will be 63 x 112 with an exception on the thernside of the development. The lots here will be a minimum of 70 feet wide and attempt will be made to sell them to custom builders for development. If this is not possible within a years time, then Fox and Jacobs will develop them. The Accent homes will be on the north side of the development and the Flair homes will be on the south side and they will meet in the middle where the market determines. , The hearing was then declared open and those persons wishing to speak in favor of the proposed zone change were.asked to speak. Those persons in favor of the zone were as follows: Barbara Austin, who presented petitions signed by approximately 216 persons who favor the change; Billy Houston,. who feels it is time for Coppell to start growing; Jerry Brusard, representing, Burgess industries,who stated their company is looking for a place for aworld-wide headquarters; Reverend C. A. McBride, who feels Coppell needs the housing so that the children will not graduate and move away; Reverend Foy Layton, who feels that with more people in the system that things will improve; David Phillips, who would like to see some housing available that is not so high priced; Joe Fykes, who is presently putting in a retail nursery; and Jim Gilchrist, who wants the zone change so that the teachers of the school-. "' system will be able to buy homes to live in Coppell. Those persons opposed to the zone change were as follows: Twenty-five petition presented by individuals; Mickey Stroud, who is against the change; Bobby Jefferson, who feels things should be left as they are; Richard Thompson, who is for the zoning as it is. but is opposed to the density of the development; Johnny Dobecka, who presented a petition signed by nine adjoining property owners; Raymond Mitchell, who is opposed because he feels that the density of the development would create a need for City services that would outstrip the tax base; Bill Worley, who is opposed because of the size of the lots and the density of people, the traffic congestion, and the feels that"1,250 square feet houses will be built because that is what is allowed; June Chenault, who is opposed because of the density of the people; Frank Fitzgerald, who stated that the Planning & Zoning Commission opposed it because of the density of the people and because of the traffic congestion; Geren Burton, who wants the Council to have an open mind and the safety factor because of the number of cars that will be on the road; Lee Hall. against because of the crime element and taxes being raised;- Dub Wilhite, who presented one of the above twenty-five petitions; .-- Hazel Beal, who is not against Fox & Jacobs but wishes they were in a different ~ location. Skip Wehner public hearing was then closed and a short recess taken before the Council began consideration on the matter. Following the recess Councilman Grant made a statement concerning his feelings on the request and the reasons why he would be voting as he would. Mayor Pro Tem Baker then stated that he felt a little uncomfortable changing the master plan that had been adopted for the City, but feels that there will have to be some changes made over the next twenty to thirty years for which the plan was adapted. He then moved that the zone change request from Fox and Jacobs be approved from SF-12 to SF-7; Councilman Steadman seconded and motion carried 3-1 with Councilman Grant against and the mayor showing his disapproval. Mayor Pro Tem Baker then moved that Ordinance No. 129-A-7 granting the zone change be adopted; Councilman Brock seconded the motion. Mayor Burns read the caption of the proposed ordinance. The motion passed 3-1 with Councilman Grant against and the mayor showing his disapproval. The next item was consideration of Change Order No. 4 from Crookham & Vessels, Inc. This change order would decrease the contract amount by $600 due to revisions in the control system. Mayor Pro Tem Baker moved that the change order be approved; Councilman Brock seconded and motion carried 4-0 with the mayor showing his approval. ~Contractor's Estimate No. 6 from Crookham & Vessels, Inc. was the next item to be considered. The amount to be considered is $4,592.76. Councilman Steadman moved that this amount be approved for payment; Councilman Brock seconded and motion carried 4-0 with the mayor showing his approval. Consideration of participation in Emergency Medical Service System Grant was the next item brought before the Council. The cost to the City would be $862.50 which is a matching grant from the COG. The system would link our ambulance to the emergency room of participating hospitals so that the hospitals would be better able to provide the emergency care required on arrival. It would not allow the EMT's to administor drugs. Following discussion on this item, Mayor Pro Tem Baker moved that the City participate in this grant; Councilman Steadman seconded and motion carried 4-0 with the mayor showing his approval. Next, Mr. Mike Arrington made a presentation for Texas Power & Light for a proposed rate increase. The request was filed December 21, 1977 and asked for an increase of 18.4 per cent. He stated that the cost of fuel and the cost of construction has increased to the point of the company requiring a rate increase in order to meet their demands. Mr. Geren Burton asked to be recognized from the audience and requested that the Council study this request very carefully before the increase is granted. Following the presentation, Councilman Brock moved that the effects of the proposed rate increase be delayed for 120 days; Mayor Pro Tem Baker seconded and motion carried --~ 4-0 with the mayor showing his approval. .' ontract with Texas Appraisal for assessment of 1978 taxes was the next item to 'be considered by the Council. Mr. Richard Cope has indicated that he would work for the same terms as he has had in prior years which is $100 per day to pick up any new property improvements in the City. Councilman Steadman moved that this contract be approved; Councilman Brock seconded and motion carried 4-0 with the mayor showing his approval. A report from the City Administrator was the next item on the agenda. Mr. Elium included in his report that the fence to be erected around the water tank is now complete and that the markings on the tank can now be repainted. It was also noted that the new police car has arrived and has been placed into service. Since the new car does require unleaded fuel, the most economical method of obtaining gas would be to purchase a 550 gallon above ground tank. This will be placed behind the police station. Mr. Elium also informed the Council that there had been no response from Mr.. Pointer concerning his appearance on a future agenda for preliminary plat approval. Councilman Steadman moved that the bills be approved for payments; Councilman Grant seconded and motion carried 4-0 with the mayor showing his approval. The meeting was then closed to the public for an executive session allowed under Article 6252-17, Sectfon 2(c} discussion with City Attorney and Article 6252-17, Section 2{g) discussion concerning personnel. Frillowing the executive session, a report was made from Chief of Police Tom Griffin Concerning property recently lost from the police property room. A copy of that report was attached as a permanent part of these minutes. The meeting was then adjourned. , John R. Burns, Mayor Dorothy Timmons, City Secretary TO THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS. Gentlemen: I was injured in a recent plane crash and am confined to the hospital. This will prevent me from attending future council meetings until after I have recovered from these injuries. As you know, I announced at a prior council meeting that I was disqualified from voting on the matter of the Fox & Jacobs zoning ordinance because I have an interest in the real property involved. Since I will be unable to attend the meeting at which this matter will be considered, please have the record of the public hearing reflect my disclosure of interest in this matter. Donald J. Carter Date: 1-9-78 RESOLUTION WHEREAS, Councilmember Don Carter was recently injured in a plane crash; and WHEREAS, he is presently confined to the hospital and will be disabled and prevented from attending future council meet- ings for some period of time; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That because of Councilman Carter's disability and the fact that he will be unable to attend future council meetings for sometime, his absence from such future meetings shall be considered as excused absences; however, for the purpose of voting and determination of quorum, his office shall be considered vacant until such time as his physical condition will permit him to return to his duties as City Councilman. SECTION 2. The City Council further finds that Councilman Carter has heretofore publicly announced to the City Council at regular session that he is disqualified be- cause of interest in any vote which might be taken upon the Fox & Jacobs' zoning change application which is presently pending before the City Council. DULY PASSED by the City Council of the City of Coppell, Texas, this the 10th day of January, 1978. APPROVED: John R. Burns, Mayor ATTEST: Dorothy Timmons, City Secretary A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION N0. 1978-1 WHEREAS, City Councilman, Don Carter, was recently injured in an airplane crash and is presently confined to the hospital; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That this resolution express oO Councilman Carter and his family, the Council's deep concern for his well- being. SECTION 2. That the Council, joined herein by all . members of the City's staff and its employees, wish Councilman Carter a speedy recovery. SECTION 3. That this resolution be made a part of the minutes of this meeting and that the City Secretary be directed to deliver a copy hereof to Councilman Carter and his family. DULY PASSED by the City Council of the City of Coppell, Texas, this the 10th day of January, 1978. APPROVED: John R. Burns ATTEST: MAYOR Dorothy Timmons, City Secretary Coppell, Texas 75019 214 - 462 - 0022 January 10, 1978 TO: City Council and Mayor FROM: Tom Griffin - Chief of Police SUBJECT: Missing Property This is a report to you that on December 7, 1977, property was found to be missing from the property locker in the police building. An investigation is underway at this time by myself and Dallas Sheriff Office was asked to help. Jim Elium is kept up to date by me on the investigation at all steps. The steps in the investigation have only eliminated persons checked so far. The property was taken some time between September 11, 1977 and December 7, 1977, and all persons that were in contact will have to be investigated, and this will take time. As soon as the investigation reveals the person or persons involved, you will be contacted and advised of the outcome with a full report of the investigation. Tom Griffin Chief of Police