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CM 1989-09-26 Miuute. of saptember 26, 1989 CITY MANAGER The City Council of the City of Coppell met iu regular called session on Tuesday, September 26, 1989, at 6:30 p.m. for Executive Session in the Executive Conference Room and 7:00 p.m. for regular session in Council Chambers. The following members were present: Mark Wolfe, Mayor Dean Wilkerson, Mayor Pro Tem David Thomas, Councilman Tom Morton, Councilman Bill Smothermon, Councilman (late arrival) Jim Cowman, Councilman Ron Robertson, Councilman John A. Nelson, Councilman A/so present were City Manager Alan D. Ratliff, City Sscretary Dorothy Ttmmons and City Attorney Lawrence W. Jackson. Mayor Wolfe called the meeting to order. EXECUTIVE SESSION (Closed to the public) ESl Article 6252-17, Section 2 (g) concerning personnel: a) Appointment of Capital Improvement Committee Chairperson and sub-chairpersons. b) Consultants. c) City Manager Comp. d) Appointment of Personnel: Red Cross Committee Mayor Wolfe then declared the public session closed for an Executive Session on Tuesday, September 26, 1989 at 6:31 p.m. as allowed under the above recited articles. Councilman Smothermon arrived during the Executive Session. Mayor Wolfe adjourned the Executive Session at 7:00 p.m. on Tuesday, September 26, 1989, and opened the public session. OPEN SESSION (Open to the public) Mayor Wolfe asked everyone present to stand while Councilman Smothermon gave the invocation. Following the invocation, Mayor Wolfe led those present in the Pledge of Allegiance. Item 3: Approval of Minutes - September 11, 12, 1989. Councilman Robertson moved that the minutes be approved with spelling corrections as noted. Councilman Morton seconded the motion; motion carried 7-0 with Mayor Pro-Tem Wilkerson and Councilmen Thomas, Morton, Smothermou, Cowman, Robertson and Nelson voting in favor of the motion. Item 4: Mayor's Report. Mayor Wolfe gave the following report: A. Airport issue. Mayor Wolfe met with Vernell Sturnes and Jeff Fegan from D/FW Airport September 26, 1989. The Master Plan is now complete and will be going to the citizens in Coppell the first- of October. They have scheduled their Public Information Meeting for the metro area October 10, 1989, and they have todays projected noise cone, 1997 projected noise cone and the year 2010 projected noise cone. They expect to go to individual communities (the five communities surrounding Page 1 of 9 the airport Southlake ie now included) for their public hearings in October. I asked them if they would be willing to come to Councll either October 10 or October 24, 1989. They were concerned about October 10th as they may be tied up all day in their Public Information Meetings. The October 24th meeting would be too late as they would already be in public hearings at that point. They had asked about the October 17th Town Meeting to come to Council and show the Master Plan so that the Council could be aware of what is being talked about at this point. The E.I.S. will not be out until the Thanksgiving time zone. If Mr. Starnes and Mr. Feagan could not be here October 10th would October 17th be a suitable date? B. Commercial Development. Mayor Wolfe discussed the amount of commercial development in the City. He noted the significant increase in the number of permits for commercial development. The Tom Thumb Center could add an additional $300,000.00 in taxes to our community. Even greater than that is the Prenties-Copley development that is taking place now in the Park West Commerce Center, a 336 acre development across from let Coppell Bank, The news release talks about a 6 million square foot industrial development. Based on this industrial/retail development, $.56/$100 valuation plus sales tax on what they are talking about in retail, that would add over $1 million dollars in tax revenue to our community. This would increase about 22 per cent our tax base. C. Students in Government. Mayor Wolfe reminded Council that the Students in Government program will be held at the next regular City Council meeting on October I0, 1989. This year there will be no lunch with the school students; however, Council is requested to be present for a meeting at about 6:45 p.m., in order to meet with their respective student counterparts. D. Questions concerning the accident at Bethel School and Moore Road have been solved temporarily. Citizens have indicated they are satisfied with the City's response and will be going to the School Board with a request for further assistance. E. Councilman Robertson informed those present of the third annual "Shop Coppell First" which is scheduled for initiation on October 23, 1989. Aa in past years, an auction will be held Sunday, December 3, 1989, and is scheduled to be held in City Hall. The use of the Council Chambers and the sound system are needed. It was the consensus of the Council to approve the installation of a sign, and waiving of the fees, for use in advertising this campaign. F. Mayor Pro Tem Wilkerson requested that the information concerning the Women's Charity Organization and representatives from each of the four (4) Cities be displayed in the atrium area of the Council Chambers. It was the consensus of the Council for this information to be displayed temporarily. G. Councilman Morton complimented Park Maintenance Personnel for upkeep at the pocket park adjacent to his home. He did note that the birm in this area does need additional maintenance. H. The possibility of a special City Council meeting for October 17, 1989 was discussed. Page 2 of 9 Item 5: City Council Liaison's Report. A. ARCHITECTURAL REVIEW COMMITTEE - There was no report at this time. Councilman Nelson indicated that the next meeting will be next Tuesday evening. B. COPPELL HISTORIC DISTRICT COMMITTEE - There was no report at this time. C. DCA]) - Councilman Nelson indicated an item would he dfscusssd later in the agenda. D. FINANCE COMMITTEE - There was no report at this time. E. LIBRARY BOARD - There was no report at this time. F. MUD ABSORPTION - No report. G. NCTCOG - No report. H. PARK BOARD - Councilman Thomas indicated there was no report at this time; however, an item will be discussed later in the agenda concerning parks. I. SCHOOL BOARD - Councilman Nelson reported that the City and School Liaisons traveled to Duncanville earlier today to look at their natatorium, and have turned information over to architects today. A report to the Council will be forthcoming in mid October. J. CHAMBER OF COMMERCE - Councilman Cowman stated that this committee has met and will be making a formal report by the end of October. Item 6: Citizen's Appearances Mayor Wolfe outlined City requirements and regulations concerning presentations during citizen's appearances, and then asked if there were any citizens present who wished to speak. Those persons speaking were: A. Mr. John Ruckriegel, 416 Plantation Drive, presented written information to the City and spoke concerning Police procedures regarding the questioning of minor children. B, Ms. Christy Ann Bombs, 817 Bullock Drive, spoke to the City requesting that the City provide transportation for handicapped persons. Ms. Rombs indicated that she has spoken with MEDCOACH who indicated to her that their services are available only to the Lewisville, Coppell and Farmers Branch area, and not to the downtown Dallas areas. C. Dr. Melvin Gross, 152 Cottonwood, spoke to the Council concerning opposition to airport expansion and noise levels. D. Mr. Rick Barrett, 133 Oak Trail, was recognized. Mr. Barrett indicated he would like to voice support for an item later in the agenda. It was indicated to him that he would be allowed to speak at that time. Item 7: Swearing in of new members of Boards and Comissions and American Red Cross Community Chairperson. Page 3 of 9 0 , 941 Mayor Wolfe directed comments to Board and Commissions members present as well as citizens to thank everyone who applied for positions for the upcoming year. Mayor Wolfe indicated a total of 115 applications had been received, He then asked the following members to come forward and be sworn in. Those members and their perspective boards are as follows: American Red Cross - Lee Ann McLaughlin Animal Control Appeal Board - Catherine D. Mooney Boerd of Adjustment - Lanny V. Mayo Arthur H. Kwast Don B. Featherston Walter W. Root Keith J. Roberson Gary Michael Selvy Code Advisory and Appeal Board - Albert E. Godwin Daniel J. Rensel, Jr. Dale Ware James Doss William Dean Hood Economic & Development Board - Lee Richardson Angelo J. Vaccaro Richard J. Johnson Library Board - John J. Hill Ken Hevron Park Board - Michael L. Cogburn Gerry Strom Larry M. Wheeler Karl E. Guderian Planning & Zoning Commission - Robert E. Green Robert M. Scott Melvin Gross Board of Adjustment applicant Charles T. Lambert, Library Board applicant Valsrie Jarvie and Cynthia Towell, and Planning & Zoning Commission applicant Marsha Tunnell were not present at this time to be sworn in. They will be sworn in either at their respective board meetings or at a later City Council meeting. Item 8: Presentation, discussion, consideration of petition against a horse racing track - Jimmy Hensel. Mr. Jimmy Hensel was recognized by the Mayor, and presented the Council with two additional pages to be added to a petition that was previously presented to the City on September 25, 1989 at 4:23 p.m. Mr. Hensel indicated that the persons signing the petition are opposed to a race track located in Coppell. Mayor Wolfe recognized Councilman Smothermon and requested e report on the recent activities of the Committee formed to determine the viability of a race track within the City of Coppe11. Councilman Smothermon indicated that the Committee has not at this point received any information or return calls from the applicant. The landowner has indicated that he has not been contacted, and that the City Manager has not been contacted by the applicant. Therefore, it is the Committee's recommendation that it (the Committee) be disbanded with no further action. Following further discussion, Councilman Nelson moved that the Race Track Committee be disbanded and that any efforts to study the issue be discontinued. Councilman Roberteon seconded the motion; motion carried 7~0 with Mayor Pro Tem Wilkerson and Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion. Page 4 of 9 Following the vote, Mayor Wolfe commended those members of the Committee, Councilmen Bill Smothermon, Tom Morton and David M. Thomas on their efforts. Mayor Wolfe indicated that this Committee has taken undue and unjust criticism; however, they have maintained an unbiased view in attempting to bring forward a report to the Council on this item. Item 9: Discussion, consideration of approving a resolution nominating Councilman John Nelson as representative of Suburban Cities to Dallas Central Appraisal District (DCAD) Board of Directors, and authorizing the Mayor to sign. Following discussion on this item, Councilman Morton moved that Resolution No. 092689.1 be approved nominating Councilman John Nelson as a representative to the Dallas Central Appraisal District Board of Directors and authorizing the Mayor to sign. Councilman Robertson seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson and Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion. Item 10: Discussion and consideration of approval of an ordinance creating the Community Red Cross Committee for the purpose of providing information and classes for the citizens of Coppell in CPR, water safety and other related areas of interest and authorizing the Mayor to sign. Following discussion on this item, Councilman Morton moved that Ordinance No. 89-450 be approved and authorize the Mayor to sign. Councilman Nelson seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson and Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion. It was noted that this ordinance is approving the Committee only, and that the specific appointments will be presented at a later date. Item 11: Consideration of approval of an ordinance adopting the budget for fiscal year 1989-90 and authorizing the Mayor to sign. Following discussion on this item, Councilman Smothermon moved that Ordinance No. 89-451 be approved and authorize the Mayor to sign. Councilman Morton seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson and Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion. Item 12: Consideration of approval of an ordinance setting the tax rate for 1990 at $.056 per $100.00 and authorizing the Mayor to sign. Following discussion of this item, Mayor Pro Tem Wilkerson moved that Ordinance No. 89-452 be approved and authorize the Mayor to sign. Councilman Morton seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson and Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion. Mayor Wolfe stated that he would like it noted for the record, that this is the fifth year that no tax increase has been presented by the City. Item 13: Consideration of authorizing the City Manager to proceed with work on Capital Improvements Projects funded from the balance of Capital Funds previously allocated for asphalt overlays by the City Council on December 15, 1988, for Engineering Services to investigate and design a solution to reduce Page 5 of 9 residential property flooding in the back yards of 129, 133 and 141 Oak Trail with Phase A and Phase B Enginsering not to exceed $?,400.00. Following discussion by the Council of this item, Mayor Wolfe recognized Hr. Rick Barrett, 133 Oak Treil, who voiced support of this project as well as suggesting a possible solution. The solution was to level the back yards with fill rather than doing any engineering studies. Mayor Wolfe informed those present that this study was the first step only to determine what needs to be done as well as preparing a design for any recommended improvements. Following further discussion, Councilman Morton moved that this item be approved as stated in the caption. Councilman Smothermon seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson and Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion. Item 14: Discussion, consideration of authorizing the City Manager to request proposals from competent and qualified consulting firms to provide technical professional engineering services for individual master plans for the City of Coppell's; 1) Water Distribution System, 2) Sanitary Sewage Collection System and 3) Flood Plain and local drainage areas including any mapping updates required. City Engineer Russell Doyle made a presentation to the Council and stated that this request is for the staff to seek proposals and bring back a recommendation to the Council prior to approval of a contract. Following discussion of this item, Councilman Smothermon moved to approve the City seeking proposals for technical professional engineering services as indicated in the caption, with the understanding that prior to a recommendation being brought forward to City Council for approval of a contract, the future Urban Planner provide input into the process of selecting and recommending the firm for approval by the City Council. Councilman Robertson seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson and Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion. Item 15: Discussion, consideration of final payment and release of retainage on the Beltline Road Project. Consulting Engineer Representative John Karlsruher made the presentation to the Council, indicating that the Beltline Road North/South project is complete and release of the retainage in the amount of $55,604.13 is being requested. Should Council approve the release of the retainage this would constitutet final acceptance by the City Council on the Beltline Road North/South project. At this time the assessment program would be ia effect. Following discussion on this item, Councilman Smothermon moved that the retainage in the amount of $55,604.13 be released and the City approve the final acceptance of the Bsltline Road North/South project. Councilman Cowman seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson and Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion. Item 16: Consideration or approval of an agreement with SBS Joint Venture for construction of a concession stand in Andrew Brown Park. Pollowing discussion on this item, Councilman Morton moved that the agreement with SBS Joint Venture, for construction of a concession stand at Andrew Brown Park, be approved with the stipulation that the City Manager and City Attorney be allowed to review and make minor changes to the agreement that do not effect the substantive intent of the contract. Page 6 of 9 Councilman Robertson seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson and Councilmen Thomas, Morton, Smothermon, Co~man, Robertson and Nelson voting in favor of the motion. Item 17: Status report on various City projects; a) Ground Storage Tank ~-- b) 24" Water Line c) 121 Ramp and Interchange Study South of Denton Creek d) Street Overlay Projects e) Pelican & Bethel Drainage Improvements f) Beltl~e & Denton Tap g) Parkway Boulevard h) Funding Methods for Streets and Drainage i) Dart Petition a) Ground Storage Tank - Consulting Engineer John Karlsruher made the presentation to the Council stating that the Ground Storage Tank is approximately 96 per cent complete as of August 31, 1989. The tank is anticipated to be in service by January 1990. b) 24" Water Line - Consulting Engineer representative John Karlsruher also made this presentation to the Council. Mr. Karlsruher indicated that this project is complete, it is in use and it was brought in under budget. c) 121 Ramp and Interchange Study South of Denton Creek - City Engineer Russell Doyle made the presentation to the Council. A study was previously authorized by Council to be completed by Kfmley-Horn. A submitted report has been received from Kimley-Horn and is presently being reviewed by staff. This report will be forwarded to the City Council in their FYI packets or will be presented at the next Council meeting. d) Street Overlay Projects - Park Foreman Richard Diano made the presentation to the Council. He presented a schedule for completion of several projects for street overlays within the City. e) Pelican & Bethel Drainage Improvements - Consulting Engineer representative John Karlsruher gave the presentation on this item. He stated that the improvements to these two drainage areas are complete. f) Beltline & Denton Tap John Karlsruher, Consulting Engineer representative, indicated that the Beltline portion of this item wes discussed and presented under Item 15 with the project being approved for final acceptance. The Denton Tap portion of this project is progressing slowly. g) Parkway Boulevard - This item was presented to the Council by City Engineer Russell Doyle. He stated that the final design for the improvements have been completed; however, the cost is higher than originally anticipated. The new cost for this project is $151,000.00. h) Funding Methods for Streets and Drainage - City Attorney Lawrence W. Jackson made the presentation to the Council indicating that the City is ,-'- not eligible for the additional one cent ($.01) sales tax. He further stated that he has a legal opinion coming from the comptroller's office on this subject. i) Dart Petition - City Secretary Dorothy Timmons made the presentation to the Council. Ms. Timmons stated that in addition to the info~mation presented in the Council Packet, the current status of the petition is that it was officially filed on Friday, September 22, 1989. By Honday, October 2, 1989 (ten days from the filing date) the petition will be Page 7 of 9 certified and that a meeting has been scheduled with Mr. Tom Fitzgerald of the Fetitioners Co~nittee to discuss procedures, forms of petition and methods of proceding with the initiative and referendum request. As stated by the Council at the September 12, 1989, an item will be placed on the regular agenda of the October 10, 1989 Council meeting in order to discuss the Dart Petition and possibly determine a course of action. Item 18: Discussion, consideration of approval of Region XIII TML Resolution endorsing and supporting the proposed amendments to the State's Alcoholic Beverage Code and Section 211.003 of the Local Government Code dealing with zoning powers - requested by Councilman Morton. Following discussion on this item, Councilman Robertson moved that Resolution 092689.2 be approved. Councilman Smothemon seconded the motion; motion carried 7-0 with Mayor Pro Tem Wflkerson and Councilmen Thomas, Morton, Smothermon, Cowman, Roberteon and Nelson voting in favor of the motion. Item 19: Consideration of approval to award the Depository and Banking Services Agreement to let Coppell Bank for the two-year period beginning December 1, 1989, and ending November 30, 1991. Prior to discussion on this item, Mayor Pro Tem Wilkerson asked that he be excused from the Council due to a possible conflict of interest. Following discussion, Councilman Morton moved that the Depository and Banking Services Agreement be awarded to 1st Coppell Bank for the two-year period beginning December 1, 1989 and ending November 30, 1991. Councilman Smothermon seconded the motion; motion carried 6-0 with Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion. After Council action on this item, Mayor Pro Tem Wilkerson rejoined the Council. Item 20: Consideration and approval to enter into an agreement with City Resource Group for the City to obtain a Sales Tax Allocation Audit. Following discussion of this item, Councilman Thomas moved that the City enter into an agreement with City Resource Group to conduct a Comprehensive Sales Tax Allocation Audit. Councilman Robertson seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkereon and Councilmen Thomas, Morton, Smotbermon, Cowman, Robertson and Nelson voting in favor of the motion. Item 21: Discussion, consideration of approval of Council and Staff attending the Texas Municipal League (TML) Conference in San Antonio, October 26-28, 1989, and authorizing expenditure of funds to attend the conference. Following discussion of this item, Councilman Morton moved that the City not fund this conference and look at the possibility of funding the conference in May 1990 for Mayor and Council members. Councilman ~.~ Roberteon seconded the motion; motion carried 7-0 with Mayor Pro Tem ~ Wilkerson and Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion. Dr. Melvin Gross, 152 Cottonwood, asked to be recognized and spoke concerning his opposition to this item. Page 8 of 9 CONSENT AGENDA Item 22A Discussion, consideration of approving an Ordinance to amend the FY 1988-89 budget for Texas Law Enforcement Telecommunications, a Dictaphone V-5000 voice recording system and a replacement dump truck. The total budget amendment ia $51,829.00. Item 22B Discussion, consideration of entering into a contract with the Law Enforcement Television Network (L.E.T.N.) which deals with various aspects of law enforcement for in-service or in-house training in the amount of $4,656 and authorizing the City Manager to sign. Councilman Morton moved that the Consent Agenda be approved with Item 22A carrying Ordinance No. 89-453 and authorize the Mayor to signl and authorizing the City Manager to sign Item 12B. Councilman Thomas seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson and Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion. EXECUTIVE SESSION (Closed to the public) ES23 Article 6252-17, Senate Concurrent Resolution Number 83: Discussion with City Attorney concerning matter involving privileged communication between attorney and client. a) Discussion of the Riverchase condemnation case. Mayor Wolfe declared the public session closed for an Executive Session on Tuesday, September 26, 1989 at 9:01 p.m.. as allowed under the above recited articles. Mayor Wolfe adjourned the Executive Session at 11:28 p.m. on Tuesday, September 26, 1989, and opened the public session. OPEN SESSION (Open to the public) There being no further business to come before this Council, the meeting was adjourned. Mark Wolfe Mayor ATTEST: Dorothy Timmons City Secretary Page 9 of 9 MINUTES 092689 MNTS3 /p