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CM 1990-07-10 Minutes of July 10, 1990 The City Council of the city of Coppell met in regular called session on Tuesday, July 10, 1990 at 6:30 p.m. for Executive Session and 7:00 p.m. for Open Session in the Council Chambers of Town Center 255 Parkway Boulevard, Coppell, Texas. The following members were present: Mark Wolfe, Mayor Bill Smothermon, Mayor Pro Tem Peyton Weaver, Councilman David Thomas, Councilman Tom Morton, Councilman Ron Robertson, Councilman John A. Nelson, Councilman Councilman Cowman was not present. Also present were city Manager Alan D. Ratliff, city Secretary Dorothy Timmons and city Attorney Lawrence W. Jackson. Mayor Wolfe called the meeting to order. EXECUTIVE SESSION (Closed to the Public) ES-1 A. Article 6252-17, Section 2 (e) and Senate Concurrent Resolution Number 83, discussion with City Attorney concerning matter involving privileged communications between attorney and client. 1. Coppell/Grapevine boundary dispute 2. Johnny Thompson annexation question 3. Kaye Street Drainage 4. Mr. Bar-B-Q 5. Lomas & Nettleton Agreement 6. Huel Weaver Lawsuit B. Article 6252-17, Section 2(f), discussion with respect to the purchase, exchange, lease of real property and City liability 1. Status report on Library Site Acquisition 2. Riverchase Council convened in Executive Session at 6:31 p.m. on Tuesday, July 10, 1990 as allowed under the above stated articles and adjourned into Open Session at 6:56 p.m. S ON (Open to the Public) Councilman Nelson gave the invocation. Mayor Wolfe led the Pledge of Allegiance. Item 3 Consideration of approval of minutes: June 26, 1990 Following discussion, Councilman Morton moved that the minutes be approved as submitted. Councilman Robertson seconded the motion; motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Robertson and Nelson voting in favor of the motion. Item 4 Citizens Appearances Mayor Wolfe recognized Mrs. vivian Checkley of 812 Howell, who requested information as to why the City was out of water earlier in the day. Mrs. Checkley stated that citizens had been told that the City would not be out of water once the new pump station was in service. Mayor Wolfe informed Mrs. Checkley and those present that the City had experienced a problem earlier in the day and, as soon as possible, a response would be forwarded to her. Item 5 Presentation and introduction of John Mitchell, President, Metrocrest Chamber of Commerce, to the City of Coppell Council and community. Page 1 of 8 Mr. Tom Parsons, former Chairman of the Board of the Metrocrest Chamber of Commerce, introduced Mr. John Mitchell, current President of the Chamber. Mr. Mitchell stated that he is looking forward to working with the City of Coppell and would like to bring two items forward tonight for Council's information. Mr. Mitchell congratulated those persons who had previously participated in the Leadership Metrocrest Program and encouraged continued participation and involvement from both Council and citizens of Coppell. The second item concerned the Metrocrest Chamber of Commerce trip which is scheduled for September 22 - 28 to Toronto, Ontario, Canada. The Metrocrest Chamber would like to see the City participate in this tour in an effort to persuade businesses to relocate in this area. Item 6 Discussion and consideration of ratifying a resolution supporting an economic alliance between the Markham Board of Trade, York Technology Association and the cities of the Metrocrest Chamber of Commerce. Mayor Wolfe stated that this item is directed with the Metrocrest Chamber of Commerce tour and that Markham is a suburb of Toronto. Following further discussion on this item, Councilman Morton moved that the City of Coppell ratify the resolution between the Markham Board of Trade, York Technology Association and the cities of the Metrocrest Chamber of Commerce. Mayor Pro Tem Smothermon seconded the motion; motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Robertson and Nelson voting in favor of the motion. Item 7 Discussion and consideration of participating in the economic development trip to Toronto September 22-28, 1990. Mayor Wolfe informed the Council that there are a number of businesses in the Canadian region who are looking to relocate in the Metrocrest area. Information is requested as to the number of people participating in this tour. Membership on the tour is limited. Mayor Wolfe requested an indication from the Council of those interested in attending. Councilman Morton indicated that he would be attending as a team leader. Other Council members who indicated interest were Mayor Pro Tem Smothermon and Councilman Nelson in addition to Mayor Wolfe. It was the consensus of the Council that the City would participate in this program with individual Council members paying their own way. Mayor Wolfe informed the Council that the city would be providing a definite answer as to to who is going at a later date. Item 8 Discussion and consideration of adopting an ordinance creating a steering committee to study the community's interest and need for a YMCA facility in Coppell. Councilman Robertson moved that this item be moved to August 28, 1990 meeting. Councilman Morton seconded the motion; motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Robertson and Nelson voting in favor of the motion. Item 9 Consideration and approval of allocating funds to assist in improvements to the baseball field at Coppell Intermediate School at the request of the Mayor. Mayor Wolfe recognized Mr. Darrell Contreras who represented the Coppell Baseball Association and who made the presentation to the Council. Mr. Contreras stated that the request for participation by the Council is for the Middle School located off Cowboy Drive rather than the Intermediate School as indicated in the item caption. The Coppell Baseball Association is requesting assistance on the following items: 1) grating and leveling of the drives around the fields, 2) additional dirt for fields, 3) mowing and possible watering of the grass outfield, 4) fire ant control, 5) additional fencing on smaller fields, 6) portable toilets for the Page 2 of 8 000.'130 far fields, 7) reimbursement to the School District for electricity used on the number 1 ball field, and 8) bleachers. A number of parents representing the Coppell Baseball Association were in attendance in support of this request. Mr. Contreras indicated that there are three to four weeks left in this season and they do not expect assistance on all eight items for this year. However, they are requesting fire ant control immediately, as well as possible mowing of the fields. When questioned, Mr. Contreras indicted that the Park Board has not yet been approached for input and recommendation on this item. During discussion, Mayor Wolfe recommended that these items be forwarded to the Park Board for their input for a recommendation to the Council. Councilman Morton indicated that this type of a project is one that could be used to request state grant funds. Discussion by Council included the desire to see some funds allocated from the Mayor and Council contingency fund. Following further discussion, Councilman Morton moved that an amount not to exceed $500 from the Mayor and Council special project account be approved for immediate ant control and that staff look at the possibility of mowing of the fields. Councilman Nelson seconded the motion; motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Robertson and Nelson voting in favor of the motion. Item 10 A. Submission and final briefing of a City-Wide Storm Water Management study. B. Discussion and consideration of approval of City- Wide Storm Water Management study. Acting City Engineer Shohre Daneshmand and Engineer Consultant Walter Skipwith were present to discuss this item with the Council. Mr. Skipwith delivered a short presentation on the draft of the city-Wide Storm Water Management study. He indicated that at this point staff input and addressing of developer complaints are being received and reviewed. Following discussion on this item, Councilman Morton moved that action on this item as stated under Item 10B be tabled to the July 24, 1990 meeting. Councilman Robertson seconded the motion; motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Robertson and Nelson voting in favor of the motion. Item 11 A. Reconsideration of adoption of a new city 10go as recommended by the Economic Development Board. Councilman Nelson moved that the Council reconsider the adoption of the City logo. Councilman Morton seconded the motion; motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Robertson and Nelson voting in favor of the motion. B. Consideration and adoption of a new city logo recommended by the Economic Development Board and selection of colors for the logo. Mr. Richard Johnson, member of the Economic Development Board and Chairman of the special committee to develop and present a new logo, made the presentation to the city Council. Mr. Johnson informed the Council that the special committee had met with both the boards of the Coppell Business Association and the Coppell Chamber of Commerce to receive input on the proposed logo change. The Board of the Coppell Business Association unanimously endorsed the logo change and the Coppell Chamber of Commerce endorsed the logo change on a 12 - 1 vote. Mr. Johnson also indicated 121 surveys were received back as a result of input from the newspaper. Of those received, 40 were in favor of changing to the new logo, 47 were in favor of keeping the existing logo and 34 were not in favor of the existing or proposed logo. Mr. Johnson was requesting that the city Council keep the endorsement of the logo in place and, should that endorsement be withdrawn, a decision on the logo be delayed until a statically valid poll could be conducted both in Coppell and among those living and working outside Coppell. Page 3 of 8 00O131 Although not a public hearing, Mayor Wolfe asked if there were citizens present who wished to speak on this proposed item. Those persons speaking were Mrs. Vicki Heart, President-Elect of the Coppell Chamber of Commerce, of 432 Parkview Place. Mrs. Heart, representing the Coppell Chamber of Commerce in the absence of the President, voiced support of the new logo both personally and as the Chamber group. Mr. Jay Turner of 747 Blue Jay, President of the Coppell Business Association, spoke and endorsed the new logo both personally and as a representative of the CBA Board. Mrs. Vivian Checkley spoke and voiced her dislike of the proposed new logo. Dr. Melvin Gross, 152 Cottonwood, citizen and member of the Planning and Zoning Commission, spoke and indicated his dislike for the new logo. Mr. Dick Belke, 445 Dillard, spoke and voiced his dislike of the new logo and his desire to keep the existing logo. Mr. Michael Cogburn, 124 Heather Glen spoke in favor of the new logo. During discussion on this item, Mayor Wolfe had all Council members express their appreciation to the Economic Development Board for their time and efforts spent on this project. A showing of hands of citizens and business owners present was taken by Mayor Wolfe concerning feelings on the old and new logo. citizens and business owners for and against the new logo and for and against the existing logo did not vary in great numbers. Council has received several letters and telephone calls from citizens expressing displeasure of the new logo. Following discussion on this item, Councilman Robertson moved that the City deny the adoption of the new City logo until after the Budget Work Session. Councilman Weaver seconded the motion; motion carried 4-2 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton and Robertson voting in favor of the motion and Councilmen Thomas and Nelson voting against the motion. Item 12 PUBLIC HEARING: Consideration and approval of an ordinance amending the Comprehensive Zoning Ordinance, Section 34.5, lB, which regulates the location of accessory buildings. Gary Sieb, Planning Director for the City made the presentation to the Council. Mr. Sieb stated that this amendment is an amendment to the text of the Zoning Ordinance and that the Planning & Zoning Commission recommended unanimous approval on June 21, 1990. Mr. Sieb presented visual slides to the Council in explanation of the existing and the proposed wording of this amendment, and indicated that the amendment is for a clarification of the existing ordinance until a revised Zoning Ordinance can be brought forward. Mayor Wolfe opened the public hearing and asked for those persons who wished to speak against the proposed amendment. Mr. Walter Pettijohn, 525 Oak Grove spoke and asked for reasons why the 20 ft. setback was in the existing ordinance. Mayor Wolfe then asked for those persons who wished to speak in favor of the proposed zoning amendment. There were none. The public hearing was declared closed. Following discussion, Councilman Nelson moved that Ordinance No. 297-A-78 be approved. Mayor Pro Tem Smothermon seconded the motion; motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Robertson and Nelson voting in favor of the motion. Item 13 Approving an ordinance directing staff, City Financial Advisors and Bond Council to prepare an official statement, notice of sale and bid instruments together with the necessary legal instructions for the sale of the City of Coppell General Obligation Bonds Series 1990 in the approximate principal amount of $2,100,000. Following discussion on this item, Mayor Pro Tem Smothermon moved that Resolution 071090.1 be approved to allow staff, financial advisors and bond council to prepare an official statement. Notice of sale and bid instruments together with the necessary legal instrpctions for the sale of GO bonds, series 1990 in the Page 4 of 8 000 32 approximate principal amount of $2.1 million with the $35,000 issuing cost being paid from interest earned off the proceeds of the bonds. Councilman Thomas seconded the motion; motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Robertson and Nelson voting in favor of the motion. Item 14 Mayor's Report The following items were reported under the Mayor's report: A) Certificates of Appreciation for work and entrance of the city float for the recent Fourth of July Parade and 100 Year Celebration for the City were presented to the following employees and/or spouses: Pat Bond, Linda Grau, Donna and her husband Don Jenkins, Lynn Romeo, Misty Roper, Sharon and her husband Steve Taylor and Dorothy Timmons. Employees not present who will also receive Certificates of Appreciation were Amy Crowley, Pam DePue and Marsha Hale. Mayor Wolfe informed the Council that many employees also participated in this project with a result of the City float receiving the award for the best theme. Many hours were spent on the job with employees spending their own funds, in addition to the City appropriated funds, for construction of the float. B) Mayor Wolfe indicated that he prepared a statement to read on various things that happened in the last few days concerning two restaurants in the City and the City's liquor ordinance. Staff was directed to place on next Council Agenda for discussion the liquor issue with a letter or other documents to be forwarded to the appropriate state officials that the City does not support the action taken. Also, that a previous letter sent on City letterhead was not from the Council as a whole and did not represent the Council as a whole but only an individual. The comments of the Mayor are as follows: For the 14 months that I have served this community as Mayor, I have tried my best to set my priorities and focus my attention on attempting to maintain peace and tranquility in this community. We have dealt with several tough and controversial issues, and yet the professionalism of the Council and the positive character of our citizens have enabled us to address each item as it has risen, and treat it objectively and fairly. There have been a couple of attempts by councilmen to once again bring up the liquor issue (revision of ordinance, etc.), but each time I have reasoned with them, we have found a compromise that works for this community, and let's settle for the compromise, and continue to try to heal wounds. The recent roast of a former councilman that was catered by a local restaurant was once again an attempt to bring two sides together and find the common ground. Little did I know the extent of what was being done behind the scenes by a small band of people, in an all-out attempt to rid this community of liquor, even though the overwhelming majority in Coppell favors liquor in restaurants, etc. The attack on Riverchase and Gibbs Station is sad, and as the truth of what all has happened becomes known to the citizens of this community, the ramifications are going to be longstanding and divisive. But the attack on Gaspar's is unforgivable, and I firmly believe that this attack will go down in the history of this community as a turning point on this issue. Whether these business establishments have transgressed or not transgressed is really not the issue at this point. The greater issue is how this group has deceivingly maneuvered themselves to bring harm to this community's business establishments. Due to legal costs and potential profitability restraints, both restaurants at the outset may be forced to close. Page 5 of 8 000133 I am disappointed that a former member of this Council would use his title as Mayor Pro Tem in a letter to respective authorities to get greater attention in this matter. My role, as Mayor, I believe, is to try and reflect the majority wishes of this community and this Council. It is a role of a middle man, a mediator. If I ever find that role impossible or too difficult to fulfill, then I should step down from this position. In much the same fashion, when the designated Councilman uses the term Mayor Pro Tem, it should carry the same demeanor and responsibility, and such a term as MPT should never be used to promote one's own agenda. It has been requested by more than one of the Councilmen that the issue of our present ordinance be put on the next council's agenda for discussion. I will direct to the City Manager this request if it meets your approval. We have searched for common ground, and it is sad that the actions of a few has brought this issue to the forefront again, and this time has the possibility of even greater divisiveness. Each Council member in turn expressed their feelings on these recent actions. Councilman Morton informed Council and citizens present that a defense fund has been established for anyone interested in contributing and indicated they could contact him for further information. C. Councilman Thomas stated that he would like to comment that the recent blood drive for Traci Taylor had been very successful and feels the support from citizens expressed the true spirit of the citizens of Coppell. D. Councilman Robertson stated that he would like to see a letter written to the Exchange Club for the excellent job they did on the recent July 4th activities. Mayor Wolfe indicated he would draft such a letter. E. Councilman Morton stated he would like to commend the Police Department on the recent work done by the Police Department in handling problems with undesirable people in Brown Park. Item 15 City Council Liaison Reports A. ARCHITECTURAL REVIEW COMMITTEE - There was no report at this time. B. CHAMBER OF COMMERCE - There was no report at this time. C. COPPELL HISTORIC DISTRICT - Councilman Nelson stated that the committee has stated proceedings to discuss the road issue at their meeting the previous night. No recommendation was forthcoming at this time, however; two landowners were present and a very productive meeting was held. D. DALLAS CENTRAL APPRAISAL DISTRICT - There was no report at this time. E. FINANCE COMMITTEE - Mayor Pro Tem Smothermon reminded Council that the annual budget will be filed with the City Secretary on August 3, 1990 with the budget meeting being scheduled for August 17, 1990. ~'~ F. LIBRARY BOARD - Councilman Weaver indicated that the Library Board did not have a meeting the previous month due to vacations of staff and board members. G. MUD ABSORPTION COMMITTEE Councilman Weaver requested information on the recent conflict on an annexation ordinance that was between the Council and the MUD. city Manager Alan Ratliff stated that this item would be presented on the next Council agenda as a consent item. Page 6 of 8 000{.34 H. NCTCOG Councilman Morton stated that he had recently attended the executive board meeting of the COG Board. I. PARK BOARD - Councilman Thomas stated that a Park Board meeting had been held the previous night, that the pavilion was substantially finished in Brown Park with the construction of the concession stand in progress. Additionally, Dallas County Open Space Committee will be in the City the next day to look at a couple of projects in Coppell. J. SCHOOL BOARD - Councilman Robertson reported on the recent summer program activities. He indicated that 60 participants signed up the first day with 90 signing up the second day. Councilman Robertson also indicated that the YMCA and the baseball projects are being further discussed and more information will be brought forward at a later date. K. TRANSPORTATION STUDY COMMITTEE - There was no report at this time. Councilman Robertson also reported that the Office on Aging is now serving 154 senior households on the mailing list with 44 cases reopened. Several follow-up calls and home visits occurred during the previous quarter. Councilman Weaver also reported on the Recycling Committee. Mrs. Barb Schmidt has been appointed as the school liaison to this Committee. Item 16 Discussion and consideration of authorizing staff to make reservations for the TML 1990 Annual Conference and Exhibition in Corpus Christi October 24-27. Following discussion on this item, Councilman Morton moved that reservations for the 1990 Annual Conference and Exhibition in Corpus Christi to be held on October 24 - 27, 1990 be made. Councilman Thomas seconded the motion;motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Robertson and Nelson voting in favor of the motion. EXECUTIVE SESSION (Closed to the Public) ES-1 A. Article 6252-17, Section 2 (e) and Senate Concurrent Resolution Number 83, discussion with city Attorney concerning matter involving privileged communications between attorney and client. 1. Coppell/Grapevine boundary dispute 2. Johnny Thompson annexation question 3. Kaye Street Drainage 4. Mr. Bar-B-Q 5. Lomas & Nettleton Agreement 6. Huel Weaver Lawsuit B. Article 6252-17, Section 2(f), discussion with respect to the purchase, exchange, lease of real property and City liability 1. Status report on Library site Acquisition 2. Riverchase Council convened in Executive Session at 9:05 p.m. on Tuesday, July 10, 1990 as allowed under the above stated articles and adjourned into Open Session at 11:14 p.m. ~ (Open to the Public) There being no further business to come before the Council, the meeting was adjourned. Page 7 of 8 000.1,35 Mark Wolfe, ~yor ATTEST: Dorothy Timm~ns, ~lty Secretary Page 8 of 8