CM 1988-09-27 ~inutes o£ September 27, i088
The City Council of the City of Coppell met in a rngular called
session on Tuesday, September 27, 1988 at 7:30 p.m. in the Council
Chambers of the Town Center, 255 Parkway Boulevard, Coppe11, Texas.
The following member8 were present:
Lou Duggan, lfayor
l~alter Pettilohn, Councilm~
Ton Horton, Councilman
Bill Smothermon, Councilman
Jim Cowman, Counctlmu (late arrival)
liark Wolfe, Councilman
John A. Nelson, Councilman
Nayor Pro Ten Dean l~ilkerson wes not in attendance. Al8, present were
City Nenegar Alan D. Ratlif£, City Attorney Larry Jackson, Assistant
City Nanager/Persounel Vivyou V. Bowmen, and Assistant City Secretary
Linde Grau.
liayor Duggen called the meeting to order and everyone was asked to
stand while Councilman l~olfe gave the invocation. Nayor DuSSan then
led those present in the Pledge of Allegiance.
Item 3: Approval of l~inutes - September 13, 1988
Councilman Horton moved to approve the minutes of September 13, 1988
as submitted. Councilman Smothermon seconded the motion; motion
carried 5-0 with Councilmen PettiJohn, Horton, Smothermon, ~olfe and
l~elson voting in favor of the motion.
Item /~: liayor~a Report
~ A. llayor Duggan in. formed the Council that the "Community
Appreciation Dinner" has been re-scheduled to OctOber 15,
~ 1988 at "The Hut" (Sneaky Pete's) in Grapevine. A press
' -' release will he in the newspapers this week and invitations
Fill be mailed at the end of the week. Dan Stent,n, former
Councilmau~Nayor Pro Ten, Ray Smedul, former ~heirmsn of the
Planning and Zoning Commission, and T~oy ~illt~uo, former
Chairmen of the Library Board are among the citizens to be
honored. Council~ Smothermon informed the Hayor that both
Councilman Horton and himself will he iu the United l~ingdou
at that time and Fill be unable to attend.
B. Hayor Duggau stated that 'Prolect Plato" is still alive and
well end he viii be discussion options with the development
firm in Austin on Thursday, September 29, 1988.
C. Hayor Duo, ma thanked City lianage~ Alan D. Ratliff, end City
staff f6r the preparation taken during the hurricane ~;arning
of harricene Gilbert. He stated that the preparation by the
City stiff was above and beyond requirements to protect the
residents of the community against fl,,dins if the City had
hea~y rein.
D. Mayor DuSSan informed the Council that he had attended a
public hearing on Thursday, Soptembar 23, 1988 for tho
lqorthveat Dallas ~ouuty Flood Gourds1 District on
their tax rate for the Rivarchnse pro_~ect~ at $9.30 par
.hundred. The public hearing hen been closed and a meeting
has been scheduled for Thursday, September 29, 1988 to set
the tax rate, Nayor Dugsan also informed the Council that
based on their action at the September 29th meeting he wiii
be reviewing this situation with Council for possible audits
for the district.
Counciluan Cowman arrived during this report.
Item 5: City Council LiaisonVs Report
A. DART - Councilman Norton informed the Council that a meeting
is scheduled for September 29, 1988. He also stated that he
Fill be unable to attend and requested that either
Councilman Smothernon or Councilsmn Nelson attend, l
meeting is also scheduled for October let which will be a
public hearing.
B. FINANCE ~ no report
LIBRARY - no report
D. ~UD ABSORPTION - Councilman Smothermon informed the Council
that hs had attended a meetins on Tuesday~ September 20th
and referred to info~mati~n sub~itted to Council in their
~ "For Your Information" packets. Ne also stated that the
Committee is r~VieFing the process to make an evaluation of
when it Fill be financially feasible for the City to take
over the ~fllD.
~:: E. PAP~ - no report
F. SCHOOL - Councilman WoIfe informed the Council that he had
met with the School Board at their scheduled meeting of
September 26, 1988. Councilman Wolfe requested that an item
be placed on the Park Board agenda to discuss suggestions
they may have on the Joint cooperation batsmen the
city/School for lighttn8 of the tennis courts. Councilman
Wolfe also stated that the school Board has had trenendous
growth and the Board will be announcin~ that with the
planned openln8 of the new High School in 1989, children
kindergarten through the third grade will be housed in the
present elementary schools, with a possible ney elementary
~chool planned in the near future.
Go COG - no report
Item 6: CitizouVs Appearances
Iiayor Duggan then asked for those persons wishing to speak before the
City Council. There were none.
Item 7: Discussion and consideration of approval of a ProclAu~qtion
proclaiming the -finch of October, 1988 as "National Quality
HonCh" and authorizing the ltayor co sign.
~Council~an PetCiJohn moved to approved a proclamation proclaining the
month of October, 1988 as "National Quality Honth" and autherisins the
Hayer to sign. Council~an Ko~tou seconded the metionl motion carried
6-0 with Council~on PettiJohn, Norton, S~othe~aon, Cov~an, Volfe and
Nelson voting in favor of the motion.
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Item 8: Conduction of · PUBLIC HEARING to receive citizen input and
cobb-uts related to services ~rendered by Paragon Cable.
Mayor Dug~en opened the public hearing, ]~m~ted to a maximum of one
(1) hour, end asked for those persons wlahin8 to speak concerning the
above item. Speaking were Brian Firth, 237 Glenwood, Jim Conrad,
Cooper Lane, Hitch lteitman, 752 Robin Lane, Larry Lloyd, 300 Woodhurst
Place, and Greg Edwards, 463 Cambria. Hr. Firth made a presentation
to the Council end subwitted a video tape for viewing by the Council
shoving the unacceptable reception of cmbla channels received at his
home on Saturday, ' September 3, 1988 at 12:23 p.m. All citizens
speaking informed the Council of their problems with Paragon Cable
concerning reception received, attitude of personnel at Paragon Cable,
blaming reception p~oblems on in house wiring, billing, and down time.
Following a lengthy discussion by Council and citizens present it was
the consensus of Council to extend the public hearin$ for an
additional ~wenty (20) minutes. At this time Jim Yellhauer, V.P.
Marketing and General ManaSer with Paragon Cable and Buzz
representing Paragon Cable, made a presentation to the Council. Hr.
Nesbitt explained the past conditions end future improvements planned
for Para$on Cable. He also stated that 80Z of the citizens in the
City that were contacted by Paragon Cable were satisfied with service,
and submitted the contact cards to the City Council. These contact
cards are on file in the City Secretary Department. Following further
discussion by Council, Mayor Dussan requested Paragon Cable to analyze
problems of rudeness to citizens, billing, deterioration of service,
legal monopoly, and blame for poor reception being put on the
homeowner. He also stated that some improvements have been noted, and
requested the City Council to review the present franchise agreement
before renewal. Councilman Wolfe requested City llanaser Alan D.
Ratliff to place on item on the agenda the first scheduled meeting in
November, 1988 to address the appointment of a Cable Advisory
Committee. Mayor Dussan declared the public hearing closed. No
action by Council was required.
EXECUTIVE SESSION (Closed to the public)
Item 9: A~ticle 6252-17, Section 2 (S) discussion concerning
personnel.
1. Discussion concernin$ appoint~aents to:
a. Board of Adjustments
b. Economic & Development Board
c. Library Board
d. Park Board
e. Planning and Zoning Co~ission
f. Animal Control Appeal Board
g. Red Cross Co--mnity Chairperson
Mayor Duggan declared the public session closed on Tuesday, SepCm-her
27, 1988 for an Executive Session as allowed under the above recited
article. The Council convened into Executive Session aC 9:29 p.m.
Mayor Dussan adjourned the Executive Session at 9:38 p.m. and opened
the public session at 9:40 p.m.
BOARD APPOIhT~HTS (Open to the public)
Item 10: Discussion and consideration of appointing t~o (2)
applicants end one (I) alternate to the Board of Adjustments
as 8tared in the City Charter of the City of Coppell for a
term of t~o (2) years which will expire on 0ctob, er 1, 1990.
Councilman Hor$on moved to re-appoint Natty Walah, Carl Thompson, and
Alternate Hichelle Laurie, to the Boa~d of .Adjustments as stated in the
City Charter of the City of CoPpel! fo~ a' ~erm of t~o (2) years which
~r~ll expire on October 1, 1990. Council~an S~otherm)n seconded the
~otion; motion carried 6-0 ~r~th Council~mn Patti John, Morton,
Snothermon, Co~nan, Wolfs and Nelson voting tn favor of the motion.
Ite~ 11: Discussion and consideration of appoint/ns two (2)
applicants to .the Econo~ic & Development Board as stated ~n
the City Charter of the City of Coppell for a term of
(2) years which vill expire on October 1, 1990.
Councilnmn S~othernon ~ovad ~?.~ rsgappoint David Greet and Regina
Johnson to the ~cono~ic & Develolment Board as stated in the City
Charter of the City of Coppell for a term of t~o (2) years which will
expire on October 1, 1990. Counci~nau Wolfs seconded the notion;
motion carried 6-0 ~r~th Councilmen PettiJohn, Norton, Smothsr~on,
Cowman, Wolfe and Nelson votinS in favor of the motion°
Item 12: Discussion and consideration of appointing three (3)
applicants to the Library Board as stated in the City
Charter of the City of Coppell for a ten of two (2) years
which will expire on October 1, 1990.
Councilman Wolfe moved to rs-appoint Joy Quirk, and appoint Erin
French am/ Donna I/archant to the I~brary Board as stated in the City
Charter o£.,. the City of' Coppel! for a tarn of t~o (2) ye~ars which will
expire on October 1, 1990. Councilnan Smotharnon seconded the notion;
notion carried 6-0 ~ith Councilmen PettiJohn, Morton, Smothsr~on,
Co~an, Wolfs and Nelson votinS in favor of the notion.
Item 13: Discussion and consideration of appointing three (3)
applicants to the Park Board as stated in the City Charter
of the City of Coppell for a term of two (2) years which
viii expire on October 1, 1990.
Council~n PettiJohn hayed to re-appoint Ednund Reeve, Jay Shirley,
and Michael Cooper to the Park Board as stated in the City Charter of
the City of Coppell for a ten of tva (2) years which will expire on
October 1, 1990. Councilnmn Morton seconded the motion~ motion
carried 6-0 w~th Council~en PettiJohn, Morton, Snothermon, Co, man,
Wolfe and Nelson voting in favor of the motion.
Item Ii: Discussion and consideration of appointing three (3)
applicants to the Planning and Zoning Co-mission as stated
in the City Charter of the City of Coppell for a term of
(2) years which vi11 expire on October 1, 1990.
Counct~-~ C~wnan novnd to ra~appoint Joe Munsch and Veyton Weaver,
and appoint George Redford to the Planning and Zoning C~..-4ealon as
statnd i~ the City Charter of the city of Coppell for a tex~ of two
(2) years vhich ~11 expire on October I, 1990. Conncil~an Smother~on
seconded the motion; motion carried 6-0 ~r~th Councilmen PettiJohn,
Morton, S~other~on, Co,man, Wolfe and Nelson voting in favor of the
Iteu 15: Di~uo~ ~deratiou of creates 8nd a~oinC~g a
thrne~er;~ ~ntrol ~ard as p~!d~ in Section
9-1-5 ~ tb ~1 ~ntrol ~d~ce, pr~id~ for
mthod by~ch the ~er8 of 8uchboard shll se~e
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staggered two-year terms coumencing the first of October
1988 and every year thereaf~er~ by, City Council appointment
during the month of Sspteabil ~ ';~cordance with Article 8,
"Hoards and C~mulasions" ia the Home Rule Charter for the
Cit'y of Coppell.
Councilm~ Nelson moved to appoint citizen representative Catherine D.
Hooney, Veterinarian Thomas C. Sherrill, and City Health Officer Dr.
Jay Story to a three-member Animal Control Board as provided in
Section 9-1-5 of the ~imal Control Ordinance, providing for a method
by which the members of such board shall serve staggered two-year
terms com~encin8 the first of October 1988, and avery year thereafter
by City Council appointment during the month of September ~n
accordance with Article 8, "Boards and Coumisaions' in the Nome Rule
Charter for the City of Coppell. Councilman Wolfe seconded the
mariani motion carried 6-0. ~r~th Councilmen PettiJohn, Norton,
Smothe~m, Cowus~, Wolfe and Nelson votin~ in favor of the'motion.
Item 16: Discussion and consideration of appointment to the position
of American Red Cross Co~unity Chairperson for the City of
Coppell to serve a one-year term and act as liaison between
the Cnppell City government and the Dallas Area Chapter of
the American Red Cross.
Councilman Wolfe moved to appoint LeeAnn NcLaughlin to the position
of American Red Cross Community; Chairperson for the City of Coppell to
serve a one-year term and act as liaison between the Coppsll City
governu~nt and the Dallas Area Chapter of the American Red Cross.
Councilman Norton seconded the motion; motion carried 6-0 with
Councilmen PettiJohn, Norton, Smothe~mon, Cowman, Wolfe and Nelson
vot/ng in favor of the motion.
Item 17: Consider apProval of an Ordinance adoptinA · Budget for
Fiscal Year 1988-89 and authorizing the ~hlyor to sign.
Councilman Norton moved to approve Ordinance 88-415 adoptinS a Budget
for Fiscal Year 1988-89 and authorizing the Nayor to sign. Councilman
Wolfe seconded the motion; motion carried 6-0 with Councilmen
PettiJohn, Norton, Smothermon, Cayman, Wolfe and Nelson voting in
favor of the motion.
Item 18: Consider approval of an Ordinance setting the tax rate for
the year 1988 at $0.56 per $I00.00 and authorizing the Hayor
to si~n.
Councilman Norton moved to approve Ordinance 88-116 setting the tax
rate for the year 1988 at $0.56 per $100.00 and authorizing the Nayor
to sip. Council-s~ Smothermon seconded the motion; mo~ion carried
6-0 ~th Councilmen PettiJohn, Norton, Smothermon, Cayman, Wolfe and
Nelson voting in favor of the motion,
Item 19: Consider approval of an Ordinance setting the water rates at
$2.30 per 1,000 gallons, and the sewer rates at $1.01 per
1,000 gallons and authorizing the I/ayor to sign.
Councilman Cowman ~oved to approve Ordinance 88-417 8ett/~ the water
rates et $2.30 per 1,000 ssllons, and the saver rates at $1.01 per
1,000 gallons and authoriz~ the Mayor to alan. Counctlu~ee Wolfe
seconded the motion; mot~ou carried 5-1 with Councilmen ~/orton,
Smothermon, Covuan, Wolfe and Helm vat/ms ~n favor of the motion and
Counci~ VattiJohnvotinS against the motion.
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EXECUTIVE SESSION (Closed to the public)
item 20: Article 6252-17, Section (f) discussion concerning the purchase, exchange, lease or value of real property.
1. Discussion of HinyardVs agreement.
Item 29: Article 6252-17, Section 2 (e) discussion w~th City Attorney.
1. Discussion concerning possible litigation and/or
pending litigation concerninS annexation procedures
surround~ JoBa~y Thompson property - requested by
Hayor Duggan and Counci~nan PsttiJohn.
~ayor Dussan declared the public session closed on Tuesday, September
27, 1988 for an Executive Session a8 allowed under the above recited
articles. The Council convened into Executive Session at 9:46 p.m.
Hayer Duigan adjourned the Executive Session at 10:57 p.m. and opened
the public session.
Open to the public
Item 21: Discussion and consideration of approval of a contract in
Respect of Grant of Easements and Escrow Deposit bet~e~lu the
City of Coppsll/Hinyard Pood Stores, Inc./Ninyard
Properties, Inc., includin~ makin~ any requested revision~
proposed by any par~y n~s herein, for ~he
~rove~n~s on Bethel Road fr~ Postal Sics to Fr~por~
Par~ay pro, acc and au~rizins ~he ~yor ~o s~.
Follo~ns discussion Counci~n ~ol[e m~ed ~o appr~e ~he con~ract in
respec~ to sran~ of easements and escrov deposit be~veen ~he City of
Coppell ~d N~yard F~d S~ores, Hinyard Properties, Inc. ~clud~n8
~kin~ requested:: revisio~ as proposed, except for ~
right-of-ray dedica~ion paragraph ~h~ch reads ri h~-of-va
ra~~~ ~~ C~ enc~bEances e~c~, add~K
ch~~co~ /' Ail
o~her req~ed rev n C~n
seconded the ~on; ~Cion carried ~-1 vich Councilmen
Hor~on, Co~n, ~olffe and Nelson vo~nS in favor of ~he ~Cion and
C~nc~l~n S~che~on voCi~ asa[ns~ ~he mo~on.
ICom 22: Discussion and considera~ion of a con~rac~ a~ard co Buc~l~
Cons~c~on C~y, Inc. in ~he ~n~ of $673,929.~0 for
the DraYage I~r~emenCs on Bethel Road fr~ Postal S~Ce
Freepor~ Par~ay proJec~ and au~horiz~ns ~he hyor to sign.
Counc~n ~olfe m~ed ~o approve a conCrac~ avard ~o
Cons~c~on ~any, Inc., in ~he ~un~ of $673,929.~0 for ~he
Drai~se Improv~C8 on Bethel R~d fr~ Postal SiCs ~o Freeport
Par~ay project, 8ubJec~ ~o con,race approval, and authorizing ~he
hyor ~o sign. Counci~n C~n seconded ~he ~ion; ~ion carried
~-0 ~h C~ncil~ Pe~ohn, Hor~on, SmoChe~n, C~n, ~o~ffe and
Nelson yoginS in favor of
Item 23: Discussion, consideration and approval of an engineering
contract w~th DeShazo, Starek and Tang Consultiu$ Engineers
for the contract adminis~ra~ion of drainale ~prnveuonte
alon8 H~nyard's properties and au~horizins the Hayer to
sign. (PROJECT T~TLE: Drainnse Improvements along Bethel
Road from Poatal Site to Freeport Parkvay.)
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Councilman S~othemon moved to approve an engineering contract Pith
DeShazo, Starek and Tang Engineers for contract
adm/nintration of drainage i~provements along Ninyard~s properties,
subject to ultimate approval of Ninyard contract, and authorizing the
Nayor to sign. (PROJECT TITLE: Drainage I~provements along Bethel
Road from Postal Site to Freeport Parkway.) Councilman Norton
seconded the motion; motion carried 6-0 with Councilman PattiJohn,
Horton, Smothermon, Cov~an, Wolfe and Nelson voting in favor of ths
motion.
Item 26: Discussion and consideration for approval of a variance to
the Subdivision Ordinance, App. A, Page 2, for construction
of a half-street connecting the existing Royal Lane
Extension to Thwsatt Road.
Hark Connell, Connell Development, made the presentation to the
Council. Following discussion Councilman Wolfe moved to approve a
variance to the Subdivision Ordinance, App. A, Page 2, for
construction of a half-street connecting the existing Royal Lane
Extension to Thweatt Road. Councilumu Cowman seconded the motion;
motion carried 6-0 with Councilman PettiJohn, Norton, Smothermon,
Cowman, Wolfe and Nelson voting in favor of the motion.
Item 25: Discussion and consideration of approval of proposal and
contract for the reviev and update of City of Coppell
Cc~peneation Classification Plan and authorizing the Hayor
to sign.
City Hanager Alan D. Ratliff, and Vivyon V. Bm, Assistant City
Hanager/Personnel made the presentation to the Council. ~. Bowman
stated that all bids received were over the budgeted amount. After
consulting vith the t~o lweest bidders a revised figure has been
submitted to meet the budgeted amount for the proposal. Hr. Bommn
reco~nended the firm of Waters, Trego & Davis, Inc. and introduced the
members of the firm to the Council. Following discussion Councilman
Norton moved to approve staffs recommendation for approval of proposed
contract for review and update of City of Coppell Compensation
Classification Plan hiring the consulting firm of Waters, Trego &
Davis, Inc., for a total not to exceed $10,200.00 including all
travel, training mater/al, printing, freight expenses, and
professional fees, for any follow-up services beyond the scope of the
project. Council~u Nelson seconded the motion; with Counciinen
Harton, Cowman, and Nelson voting in favor of the motion, and
Councilmen PettiJohn, Smothermon, and Wolfe voting against the motion.
Hayor Duggan broke the tie vote casting his vote in favor of the above
proposal; motion carried 4-3.
Item 26: Consideration of rescheduling October 11, 1988 City Council
meeting - requested by Councilman Smother~on.
Councilman Smothermon infor~d the Council that Councilman Tom Norton
and himself will ba out of the country and unable to attend the above
scheduled meeting. Folloving discussion Councilman Norton moved to
cancel the regular scheduled moating of October 11, 1988, with agenda
items scheduled for that meting being moved to the next ,City Council
meeting of October 25, 1988. Council~an S~other~on seconded the
motionl motion carried 6-0 Pith Cooncihnsn Patti John, Norton,
Smothetmon, Co.an, Wolfe and Nelson voting in favor of the motion.
Item 27: Revinv, discussion and approval of adjustment to City
Nonager'e co~peneation - requested by Hayor Duggnn.
Following discussion Counctla~n Co.an ~oved to award City llanagnr
Alan Do R~tliff a $5,000°00 salary raise effective October 1, 1988.
Councilmm Wolfs stated he felt City NonaSer Alan D, Ratliff has ~ore
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chart rewarded the City with his services. Councilman Morton seconded
the motion; motion carried 5-1 with COuncilmen Morton, Smothermon,
Cowman, Wolfe and Nelson voting in favor of the motion and Councilman
PettiJohn voting against the motion.
CONSENT A~A
Item 28A: Discussion and consideration of approval of Dallas County
Health Services Agreement FY 88-89 in the amount of $1600.00
for delivery of certain health services for the residents of
the City of Coppe11 and authorisin$ the Mayor to si~n.
Item 28C: Discussion and Recoa~aendation for Award of Proposal 0027, Pager Purchase/Rental and Services.
Councilmen Morton requested Ite~ 28B be taken off the consent agenda
for discussion. Councilman Smothernon moved to approve consent agenda
28A and 28C as submitted. Councilman Morton seconded the motion;
motion carried 6-0 with Councilmen PettiJohn, Morton, Smothermon,
Cowman, Wolfe and Nelson voting in favor of the motion.
Item 28B: Discussion and Reco~mendation for Award of Proposal 0024,
Hobile Telephone Service.
Following discussion of this item, Councilman Morton moved to approve
the award of Proposal 0021, mobile telephone service. Councilman
Wolfe seconded the motion; motion carried 6-0 with Councilmen
PettiJohn, Herren, Smothermon, Cowman, Wolfe and Nelson voting in
favor of the motion.
EXECUTIVE SESSION: (Closed to the public)
Item 29: Article 6252-17, Section 2 (e) discussion with City
Attorney.
1. Consultation concerning Revillo condemnation case.
Item 30: Article 6252-17, Section (g) discussion concerning personnel - requested by Mayor Dusgan.
1. Discussion of legal assistance.
Item 31: Article 6252-17, Senate 'Concurrent Resolution Number 83.
1. Discussion with City Attorney concernin~ matter
involving privileged
com,~unica=ions between Attorney and client.
a. Discussion of Bonherd's Nursery se~tlemnnt offer.
~ayor Du~sa~ declared the public session closed on Tuesday, September
27, 1988 for un EXecutive Session as allowed under the above recited
articles. The Council convened into Executive Session at -11:~7 p.m.
Mayor Duncan adjourned Cite Executive Session on September 28, 1988 ac
12:20 a.u, and opened the public session at 12:23 p.m.
~en to the Public
Item 32: Discussion and consideration of asreement with Bonhard
Nursery to credit their account for sewer charses on t~o (2)
water meters where there was no return to sever and
authorisins the credit in exchange for proper releexe
approved by City Attorney.
Councilman Horton moved to approve the asreement with Bonhard Nursery
to credit their account for sewer charses on two (2) water meters
where there was no return to sewer and anthorizin$ the credit ia
exchanse for proper release approvedby City Attorney for a maximum of
$5,100.00, Counciln~n Wolfe seconded the motionl motion carried
With Councilmen PettiJohn, Horton, Smothermon, Cowman, Wolfe and
Nelson votin$ in favor of the motion.
There beins no further business to discuss the meetinS was adjourned.
ATTEST:
Llnda Grau, A~s~stant City Secretary
MINFrE~ 092788
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