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CM 1978-01-24 Minutes of January 24, 1978 The City Council of the City of Coppell met in regular session on January 24, 1978, at 7:30 p.m., in the Coppell High School Cafeteria. The following members were present: John R. Burns, Mayor Roy Brock, Councilman .Stubby Steadman., Councilman ,- .~Andy Grant,.-Councilman ..... Councilman 'Don Carter was..notpresent. Also.present~.were City Administrator James. Elium, City AttorneyLarryJackson, and City Secretary Dorothy Timmons. The meeting was called to order and everyone asked to stand while Councilman ~< Steadman gave the invocation. Mayor Pro Tem Baker then moved that the reading of the minutes be waived; Councilman Steadman seconded and motion carried 3-0 with the mayor showing his approval. A correction was noted that Skip'Wehner had spoken with those who were opposed to the Fox and Jacobs zoning change. Councilman Steadman moved that the minutes be approved as corrected; Councilman Grant seconded and motion carried 3-O-with the mayor showing his approval. The first item to be considered by the Council was a discussion of the Carter resolution passed on January 10, 1978. Councilman Grant stated that he had several questions concerning the resolution. His first one concerned excused or unexcused absences from the Council meetings. He questioned if there were any automatic excused,absences and was told by City Attorney Larry Jackson that there were not.-Councilman Grant then questioned if it was necessary to excuse every absence. City Attorney Larry Jackson stated that it was not unless it reached the point where there would be three absences in a row. The next question was concerning the vacancy of the seat held by Councilman Carter, and was told by the city attorney that the seat was considered vacated only as to voting and when considering a quorum. Councilman Grant then questioned who originated the denand for the resolution. City Attorney Larry Jackson stated that the city administrator had requested an opinion from him on the voting requirements for the Fox and Jacobs zoning. change. This question was asked before the resolution was passed and had nothing to do with the resolution. Mr. Bill Knox asked .to be,recognized from the audience and asked that if a matter was being voted upon by the Council and there were three members present and one member disqualified himself because of a conflict of interest, would the matter pass with two votes. The city attorney answered that it would pass with two votes. Ms. June Chenault asked to be recognized from the audience and questioned why the letter from Councilman Carter was placed on the agenda where it was. Mr. Jack Hannah spoke up and wanted to know if the disqualification letter was placed where it was because there were not enough protests on the Fox and Jacobs zoning change.' City Attorney Larry Jackson stated that the item was placed where it was. becuase there was enough protests and that the ground rules'needed to be set out before any action was taken. . The next item to be considered by the Council was'a discussion on the functions of the Planning and Zoning Commission. Councilman Grant questioned why the Planning and Zoning rulings were turned over and if the Council is not going to take their recommendation, why does the City have a Planning and Zoning Commission. Mr Jack Howe asked to be recognized from the audience and stated..that he.would like for the Council members who voted for the zoning change to state their reasons why they felt the. need to overturn the recommendation of the Planning and Zoning Commission. Councilman Steadman stated that he had received no phone calls and had had only one person visit him who was opposed to the zoning change; whereas, he had had. several contact him who were in favor of the change. Mayor Pro Tem Baker stated that he would like to answer the question of Council- man Grant concerning the function of the Planning and Zoning Commission. He stated that the purpose of 'the Commission was not to make decisions concerning the City, but for review and recommendation purposes only. t A letter and recommendation concerning orderly growth for Coppell presented by Mr. Jack Hannan representing Citizens for Orderly Growth was.read to the City Council. The letter requested that the Council rescind their decision to approved the Fox and Jacobs zoning change and stated that the group had retained the services of an attorney to pursue whatever legal means necessary to reverse the Council's decision. Mayor Pro Tem Baker moved that the letter be introduced into the minutes of the meeting and since the possibility of litigation is involved, that the Council not discuss the matter any further; Councilman Steadman seconded and motion carried 2-1 with Councilman Grant opposed and the mayor abstaining" from showing either approval or disapproval. A copy of the letter is attached as a permanent part of these minutes. An ordinance regulating traffic control devices was the next item to be considered by the Council. City Administrator James Elium advised the Council that this ordinance was required in order for the City to be reimbursed for the money spent in the traffic control program . Councilman Grant moved that the ordinance, No. 179, be approved; Councilman Steadman seconded and motion carried 3-0 with the mayor showing.his approval. Consideration of payment to Crookham & Vessels, Inc. resulting from Change Order No. 3 was the next item on the agenda. The amount of the claim is $7,732.14. Following discussion on this item, Mayor Pro Tem Baker moved that it be tabled until the next Councilmeeting; Councilman Grant seconded and motion carried 3-0 with the mayor showing his approval. Contractors Estimate No. 7 from Crookham & Vessels, Inc. was the next item to be considered. Mayor Pro Tem Baker moved that this item be approved for payment; Councilman' Steadman seconded and motion carried 3-0 with the mayor showing his approval. The amount of the estimate is $12,110.95. .F Mr. Boyd London from First Southwest was present to discuss with the Council the possibility of the sale of $150,000 of Certificates of Obligation to finance the City's portion of the sanitary sewer project grant that was recently received. Mr. London stated that the City was in good shape as far as the tax roll and the tax collections were concerned; however, one weakness was in the area of water and sewer rates. He noted that transfers, had been made in past years from the General Fund to subsidize the operations for the Water Fund. For bond rating purposes, it is important that the City maintain a solvent water supply fund. It was his recommendation that the City have someone from outside the City look at our rates and make a recommendation. It was the consensus of the Council that the city administrator would talk with several firms and have three of them present at the next Council meeting for the Council to interview. Consideration of advertising for bids for the sanitary sewer project C481203-03 on February 7, 1978 with bids to be opened March 7, 1978 at 2:00 p.m. was the next item to be considered by the Council. Mr. Bob Kyle was present and stated that these dates would be easy to meet. March 7 is the Tuesday prior to the Council meeting on March 14 and the bids could be tabulated and a recommendation made on that date. Councilman Grant moved that the Council authorize the advertisement for bids; Councilman Steadman seconded and motion carried 3-0 with the mayor showing his approval. the monthly reports of October, November, and December on the revenues and expenses of the City and stated that the Council would be receiving monthly reports on a regular basis in order for them to review them and have the figures before them for the next budget year. Councilman Steadman moved that the bills be approved for payment; Mayor Pro Tem Baker seconded and motion carried 3-0 with the mayor showing his approval. A report on the MUD was the next item to be considered. City Administrator James Elium reported that a meeting had been held on January 23rd and that he had talked with the directors about the City advertising for bids for the sewer project and that they were in agreement that it be done. The meeting was then closed to the public for an executive session allowed under Article 6252-]7, Section 2(g) discussion concerning personnel. Following the executive session, the meeting was declared open to the public. Mayor Pro Tem Baker moved that Police Officer Johnny Anderson be.moved from Step D on the pay scale with a salary of $941.46 to Step E with a salary of $988.52 per month, effective January 16, 1978. Councilman Steadman seconded the motion which carried 3-0 with the mayor showing his approval. Mayor Pro Tem Baker also moved that Steve Goram be hired to work in the Public Works Department at a salary of $4.15 per hour; Councilman Steadman seconded and motion carried 3-0 with the mayor showing his approval. The meeting was then adjourned. John R. Burns, Mayor ATTEST: Dorothy Timmons, City Secretary 24 January 1978 Mr. Mayor and Membe s of the City Council of Coppell: This letter serves as formal notice that the Citizens for Orderly Growth oppose your decision on the Fox and Jacobs zoning request. We request that you rescind your decision and accept the recommendation of the Planning and. Zoning Committee. That recommendation being to refuse Fox and. Jacobs' request due to the lack of access roads and traffic congestion, high density of people and. deviation from the Master Plan. The Citizens for Orderly Growth have retained the service of Morris Jaffee, Attorney and upon his recommendation, we are prepared to pursue whatever legal means are necessary to. reverse the Council's decision. Sincerely, Jack Hannan Chairman Citizens for Orderly Growth J H :j c