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CM 1993-03-23 MINUTES OF MARCH 23, 1993 The City Council of the City of Coppell met in Regular Called Session on Tuesday, March 23, 1993 at 6:00 p.m. in the City 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 Lanny Mayo, Councilman Ron Robertson, Councilman Jim Garrison, Councilman Also present were City Manager Alan D. Ratliff, City Secretary Dorothy Timmons and City Attorney Peter G. Smith. REGULAR SESSION (Open to the Public) 1. Call to Order Mayor Wolfe called the meeting to order. Mayor Wolfe adjourned the Regular Session and opened the Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session (Items marked with (*) are not scheduled for "Regular Session" discussion or consideration.) 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.* D/FW Negotiations 2.* Scott L. Baird et al vs. City of Coppell et al. B. Article 6252-17, Section 2 (g) discussion concerning personnel. 1.* City Manager's Evaluation Mayor Wolfe convened into Executive Session at 6:00 p.m. as allowed under the above stated article. Mayor Wolfe adjourned the Executive Session at 6:25 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion of the Ring Road Concept Around Town Center B. Neighborhood Integrity Ordinance Co Discussion of Agenda Items REGULAR SESSION (Open to the Public) 4. Reconvene Regular Session 5. Invocation Councilman Mayo led those present in the invocation. CM032393 Page 1 of 5 6. Pledge of Allegiance Mayor Wolfe led those present in the Pledge of Allegiance. 7. Consider approval of minutes: March 2, 1993 March 4, 1993 March 9, 1993 Councilman Morton moved to approve the minutes of March 2, 1993, March 4, 1993 and March 9, 1993 as submitted. Mayor Pro Tem Smothermon seconded the motion; the motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Mayo, Robertson and Garrison voting in favor of the motion. Consent Agenda was considered at this time. See Item 15 for minutes. 8. Discussion and consideration of scheduling a special called City Council meeting to canvass the returns of the May 1, 1993 Municipal Officers' Election. Mayor Pro Tem Smothermon moved to call a special meeting on May 4, 1993 at 6:00 p.m. for the purpose of canvassing the election of May 1, 1993. Councilman Morton seconded the motion; the motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Mayo, Robertson and Garrison voting in favor of the motion. 9. Discussion and consideration of an ordinance authorizing the issuance of General Obligation Refunding Bonds, Series 1993 in the aggregate principal amount of $8,455,000, approving an official statement, authorizing the execution of a purchase contract, and making provisions for the security thereof, and ordaining other matters relating to the subject. Mayor Pro Tem Smothermon stated that the refinancing of the bonds will save the City over $35,000 per year in annual debt service and the City also retained an A Rating and a BBB + Rating in the process. Mayor Pro Tem Smothermon moved to approve Ordinance No. 93595 authorizing the issuance of General Obligation Refunding Bonds, Series 1993 in the aggregate principal amount of $8,485,000, approving an official statement, authorizing the execution of a purchase contract, and making provisions for the security thereof, and ordaining other matters relating to the subject. Councilman Morton seconded the motion; the motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Mayo, Robertson and Garrison voting in favor of the motion. 10. Consideration and approval to fund the purchase and installation of a recognition plaque at the Kid Country Playground site in Andrew Brown Jr. Community Park in the amount of $1,655. Councilman Robertson requested that future plaques purchased by the City be purchased from local businesses if possible. Alan Johnson, Acting Finance Director, asked the Council for direction as to whether this item was to be funded from the Council Contingency Fund or the Park Special Revenue Fund. Council requested funding from the Park Special Revenue Fund. Councilman Morton moved to approve to fund the purchase and installation of a recognition plaque at the Kid Country Playground site in Andrew Brown Jr. Community Park in the amount of $1,655. Councilman Mayo seconded the motion; the motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Mayo, Robertson and Garrison voting in favor of the motion. 11. Consideration and approval of an ordinance abandoning unused utility easements located in the Waterside Estates, Phase I Addition, Lot 6, Block B, also known as 136 Spyglass Drive, at the request of David Weekly Homes, and authorizing the Mayor to sign. CM032393 Page 2 of 5 Council directed staff to bring forward all remaining easements in Waterside I to abandon. Councilman Morton moved to approve Ordinance No. 93596 abandoning unused utility easements located in the Waterside Estates, Phase I Addition, Lot 6, Block B, also known as 136 Spyglass Drive, at the request of David Weekly Homes. Councilman Robertson seconded the motion; the motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Mayo, Robertson and Garrison voting in favor of the motion. 12. Citizen's Appearance Mayor Wolfe asked for those persons wishing to address the Council. Speaking were: A. Harris Johnson, 131 Park Valley Court, inquired about the zoning violation by E. F. Hitchcock at Sandy Lake and Lodge regarding an abandoned housetrailer on the property. Mr. Johnson stated that a complaint was filed in June and wished to know the status of the complaint and the City's intention to enforce the violation. B. Ken Randolph, 128 Park Valley Court, expressed concern regarding the house that was moved and parked at Lodge and Sandy Lake. C. Steve Mogensen, 406 Park Valley Drive, appeared on the same concern as Mr. Randolph. D. Johnny Thompson, 1780 E. Beltline, addressed the Council regarding his name being longstanding on the agenda and asked that a case number or reference be included. Items 18 and 19 were discussed at this time. See Items 18 and 19 for minutes. 13. Mayor's Report. A. Greg Jones, Chief Building Official, stated, in response to several citizens' appearances, that Mr. Hitchcock was in violation of ordinance by.moving the home to Sandy Lake and Lodge and was told to remove the home. Mr. Hitchcock did not remove the home and was cited for violation. Currently the Zoning Ordinance is being modified to cover nonconforming use. Peter G. Smith, City Attorney, stated that his office would be drafting an amendment to the Zoning Ordinance and also is looking into the matter of moving houses and requiring that they meet code requirements. B. Mayor Wolfe discussed some concerns he had received regarding the landscaping of Bethel Cemetery. Mayor Wolfe stated that some members on the board wished to install buffalo grass and not sprinkler and mulch. Councilmen Thomas and Mayo were requested to confer with the board regarding the matter. C. Mayor Wolfe stated that there will be an airport hearing on Wednesday, March 24, 1993 before the Black Caucus. Councilman Morton stated he would be going to Austin to attend° D. Mayor Wolfe announced that the Kid Country dedication will be held April 18, 1993 at 2:00 p.m. E. Mayor Wolfe announced that the Second Annual City Employee Banquet will be held on April 24, 1993, 6:00 p.m. at the Marriott D/FW. F. Alan D. Ratliff, City Manger, addressed the Council regarding his six years of service and the many changes which have occurred in the City of Coppell during that time. Mr. Ratliff resigned his position as City Manger of the City of Coppell CM032393 Page 3 of 5 due to personal and family reasons. See attached letter dated March 23, 1993. Mayor Wolfe reflected on some of the accomplishments achieved by Mr. Ratliff during his tenure with the City of Coppell. 14. Liaison Reports There were no liaison reports to be discussed. CONSENT AGENDA 15. A. Consideration of an ordinance of the City of Coppell, Texas approving an amendment to the budget for the City for the fiscal year October 1, 1992 through September 30, 1993 in the amount of $32,300.00 for the General Fund and authorizing the Mayor to sign. B. Discussion and consideration of approval of a Proclamation proclaiming April 1993, "Sexual Assault Awareness Month" and authorizing the Mayor to sign. C. Consideration and approval to cancel bid Q-1092-01, Sale of Water Well Equipment. No bids were received by closing date and time. D. Consideration and approval for awarding of bid for supply of uniforms. All contracts to be awarded for a one year contract with the option to extend for an additional one year. Uniforms will be ordered by departments as required during the term of the contract and will not exceed the budgeted amount approved for uniforms per department. The purchase of the uniforms would be as follows: Police Department from Cannon Uniforms of Garland, Texas; Fire Department, part 1, items 1-9, and part 2, item 3, from Cannon Uniforms of Garland, Texas; Fire Department, part 2, items 1 and 2 from Casco Uniforms of Ft. Worth; Public Works from Ladd Uniform~ of Ft. Worth; Environmental Health Department from Casco Uniforms of Ft. Worth. E. Consider approval of a contract with Dallas County for the rental of 10 votomatics, 1 PBC and 5 ballot cans to conduct the May 1, 1993 Municipal Officers' Election and authorizing the Mayor to sign. Item C was pulled for further discussion. Mayor Pro Tem Smothermon moved to approve Items 15 A carrying Ordinance No. 93597, B, D and E. Councilman Mayo seconded the motion; the motion carried '7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Mayo, Robertson and Garrison voting in favor of the motion. Item 15/C - Councilman Mayo commented on Item C as to how many times this sale had been advertised. Alan D. Ratlfff, City Manager, stated that advertising had been done twice and no bids were received either time. The current plan is to place it in the City auction. Mayor Pro Tem Smothermon moved to cancel bid Q-1092-01, Sale of Water Well Equipment. Councilman Mayo seconded the motion; the motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Mayo, Robertson and Garrison voting in favor of the motion. EXECUTIVE SESSION (Closed to the Public) (Items marked with (*) are not scheduled for "Regular Session" discussion or consideration.) CM032393 Page 4 of 5 16. 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.* City of Coppell vs. Johnny J.E. Thompson et al. Mayor Wolfe convened into Executive Session at 8:07 p.m. as allowed under the above- stated article. Mayor Wolfe adjourned the Executive Session at 9:30 p.m. and opened the Regular Session. REGULAR SESSION (Open to the Public) 17. Reconvene Regular Session 18. Consider termination of special counsel to the Police Department. Item was considered at Council Meeting of March 22, 1993; therefore, no action was required. 19. Potential action resulting from Executive Session. Councilman Morton moved to approve the General Settlement Release and Waiver Agreement in the case of Scott L. Baird et al vs. City of Coppeil et al subject to Plaintiff's approval of the settlement agreement, without alteration or changes and authorize the passage of any resolution necessary to amend the City's budget to fund the City's portion of the settlement. Mayor Pro Tem Smothermon seconded the motion; the motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Mayo, Robertson and Garrison voting in favor of the motion. There being no further business to come before the City Council, 'the meeting was adjourned. MarkWolfe, Mayor ATTEST: Dorothy Timmons, City Secretary CM032393 Page 5 of 5 March 23, 1993 Mayor and City Council City of Coppell Coppell, Texas Re: Resignation In consideration of all things and in recognition of the many demands of the position of City Manager. it has become apparent that it is in everyone's best interest that I tender my notice of resignation. As we have discussed, I would like to turn over the day-to-day responsibilities of my position by no later than March 27, 1993, but with the understanding that I will be available to further assist in the transition of the management of the city and its responsibilities on an on- call basis until my accrued leave benefits and other monetary considerations are exhausted. The estimated date of the expiration of my salary and service to this community will be no earlier than Jul3, 1, 1993. I wish each of you, as the elected officials of this great community, the very best as you face the challenges of the future. Sincerely, f / , til .... /,. ~ Alan D. Ratliff .- .' City Manager /