CM 1990-09-10 Minutes of September 10, 1990
The City Council of the City of Coppell met in special called session on
Monday, September 10, 1990, at 7:30 p.m, 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
Tom Morton, Councilman
Jim Cowman, Councilman
Ran Robertson, Councilman
John A. Nelson, Councilman
Councilman -~a--Het, e~a--David Thomas was not present. Also present were
City Manager Alan D. Ratliff, City Secretary Dorothy Timmons and City
Attorney Lawrence W. Jackson.
Hayor Wolfe called the meeting to order.
Mayor Wolfe asked those present to stand while he gave the invocation.
He then led the audience in the Pledge of Allegiance.
Item 3: Request of Mr. Arthur Kwast to reachedule the hearing.
Mr. Arthur K~ast was present and stated to the Council that he did not
wish to reschedule the hearing.
EXECUTIVE SESSION (Closed to the public)
Item 4: Call by the Mayor to move into Executive Session to review
with the City Attorney matters involving privileged
communication between attorney and client pursuant to Article
6252-17, Senate Concurrent Resolution Number 83:
A. Legal position of the City in regard to Mr. Arthur Kwast's
request.
B. Procedure to be followed by the Council in conducting the
hearing.
Item 5: Review with the City Attorney matters stated above in Item 3.
The City Council convened in Executive Session at 7:35 p.m. on Monday,
September 10, 1990, as allowed under the above stated articles. Mayor
Wolfe adjourned into Open Session at 7:52 p.m.
REGULAR SESSION: (Open to the public)
Item 6: Discussion and consideration of Mr. Arthur Kwast's request to
reschedule ~he hearing.
Due to Mr. KwaatVa statemant that he did not wish to reschedule the
hearing, no action was required on this item.
Item 7= Hearing on the re~oval of Mr. Arthur Kwast aa a mamber of the
Coppell Board of Adjustments.
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Mayor Wolfe made the opening comments concerning the procedure to be
used during the hearing process. Following the opening remarks, City
Attorney Lawrence W. Jackson presented the following charges as the
basis for acts or failures which lessened the Board's ability to
carry out it's responsibilities:
I. Advising applicants coming before the Board how you intend to
vote on their appeal or request, prior to the hearing and to
their presentation of evidence to be considered by the Board,
to wit: the Roy Brock request for variance.
2. Comments to applicants during the course of a hearing which
place you as an adversary to the applicant rather than as a
Judge making your decision after hearing all of the evidence
presented by both sides to the controversy, to wit: the
Markey case and the Brock request for variance.
3. A general belligerent attitude toward the other members of the
Board and City staff which reflect a repeated inability on
your part to understand the role of tbs Board of Adjustment.
The following comments made by you at Board bearings are
reflective of your inability to understand the role of the
Board:
"It is important to the City to determine once and for all on
the record who is in charge of who. Is the Board of
Adjustment a legal entity with a position equal to the City
Council and therefore superior to the Building Inspection
Department or is the Board of Adjustment simply an impotent
committee of political appointees wasting a dozen Thursday
nights each year?"
4. On March 1, 1990, at a hearing before the Board of Adjustment
on applicantion of Don Marksy, you announced that your
decision in voting to deny the requested side yard variance
was because of a utility easement which appeared to be on the
property. This action on your part came after having been
advised by the City Attorney that the Board's decision should
not be based upon whether there was or was not an encroachment
of an easement.
5. Repeated attempts to instruct or order staff concerning the
placement of signs and in regard to staff's inspection of
policies.
The City Attorney then entered into evidence for Council consideration
Exhibits 1 through 9 in support of these charges. Those exhibits, more
particularly are described as follows:
Exhibit No. 1: A letter from City Attorney Lawrence W.
Jackson, dated July 30, 1990, giving notice of a hearing set
for Wednesday, August 15, 1990 for the purpose of determining
whether or not Mr. Xwast should be removed as a member of the
Board of Adjustments and outlining charges against Mr. Ewast.
Exhibit No. 2: A letter from Hayor Mark Wolfe, dated July 2,
1990, requesting the attendance of Mr. Kwast at a special
called City Council meeting to be held on July 9, 1990.
Exhibit No. 3: A letter from Mr. Arthur H. Kwaet, dated July
5, 1996, in response to Mayor Wolfe's letterin Exhibit No. 2,
indicating that Mr. Kwast would not be able to attend the July
9 City Council meeting, requesting information on charges and
responding to charges against hi~.
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Exhibit No. 4: A letter from Mr. Arthur H. Kwast, dated
August 6, 1990, to Mr. Lawrence W. Jackson, City Attorney,
requesting informa~iOi ~i~i~ing allegations against him and
indicating that he would not be able to be in attendance at an
August 15, 1990, proposed hearing date.
Exhibit No. 5: A certified letter from Mr. Lawrence W.
Jackson dated August 31, 1990, to Mr. Arthur H. Kwast
informing Mr. Kwast of a hearing date of Monday, September 10,
1990, and enclosing information requested of the City.
~xhibit No. 6: A certified letter from Mr. Arthur H. Kwast,
dated September 4, 1990, to Mr. Lawrence W. Jackson, City
Attorney, stating his feelings of the incompleteness of
documentation submitted to him and indicating his feelings of
prematurity of the September 10, 1990, hearing date.
Exhib.tt No. 7: A letter from Mr. Lawrence W. Jackson, dated
September 5, 1990, to Mr. Arthur H. Kwast, in response to Mr.
Kwast's letter of September 4, 1990, indicating that the
scheduled hearing of September 10, 1990, would move forward
and responding to Mr. Kwast's comments on the incompleteness
of documentation.
Exhibit No. 8: A letter from Mr. Lawrence W. Jackson, dated
September 7, 1990, to Mr. Arthur H. Kwast, indicating Mr.
Jackson's attempt to reach Mr. Kwast by telephone to inform
Mr. Kwast of the hearing and enclosing a copy of the notice
and agenda.
Exhibit No. 9: A portion of a transcript from a Board of
Adjustments meeting. Additionally, City Attorney Lawrence W.
Jackson played portions of audio tapes from Board of
Adjustments meetings as follows:
January 15, 1990 - beginning at point 935 of tape one;
February i, 1990 - beginning at point 1175 and again
at point 2553 of tape one; and
April 5, 1990 - beginning at point 398 of tape one.
Mr. Jackson then called Mr. Roy Brock, 524 Carter Drive, for testimony
in the hearing. Mayor Wolfe additionally called Mr. Msrty Welsh, 565
Rocky Branch, current Board of Adjustments member and Mr. Lanny Mayo,
122 Oaktrail, current Chairman of the Board of Adjustments, for oral
testimony. Mayor Wolfe then turned the hearing over to Mr. Arthur H.
Kwast for his presentation before the Council.
Mr. Kwast responded to those portions of the tape presented by the City
Attorney and in response played portions of tapes of those same three
meetings. No point indicators were provided for reference. Mr. Kwast
called as witnesses Mr. Charles Lambert, 532 Carter Drive, current Board
of Adjustment member, Mr. Keith Roberson, 918 Sugarberry, current
Alternate Board of Adjustment member, and Ms. Ellen Fuggett Ellard,
former Board of Adjustments member. Additionally, Mr. Kwast submitted
in testimony two exhibits as follows:
Kwast Exhib.it No. 1: A letter from Mr. Walter Root, current
Alternate Board of Adjustments member.
Kwaet Exhib~t...No. 2: A letter from Mayor Mark Wolfe, dated
June 30, 1989, to Mr. Marry Welsh, then Chairman of the Board
of Adjustments.
Closing comments and questions from City Council members were then held.
Following all presentations and discussions, Mayor Wolfe then called for
a motion on the hearing. Councilman Nelson moved to remove Mr. Arthur
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H. Kwast from his position as a member of the Board of Adjustments.
Councilman Robertson seconded the motion which carried 6-0 with Hayor
Pro Tem Smothermon, Coumcilmen Weaver,-1~e~m~-Norton, Cov~nan, Robertson
and Nelson voting in favor of the motion.
Item 8: Call by Mayor to move into Executive Session to consider Board
and Commission appointments for the coming year, pursuant to
Article 6252-17, Section 2 (g), discussion concerning
personnel.
Item 9: Consider Board and Commission appointments for the coming
year.
Due to the lateness of the hour these two items were not considered by
the Council.
There being no further business to come before the Council the meeting
was adjourned.
Mark Wolfe, May~'
ATTEST:
DorOthy Timmo~-~ Secretary
MINUTES 091090
MNTS3
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