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CM 1997-01-28 MINUTES OF JANUARY 28, 1997 The City Council of the City of Coppell met in Regular Called Session on Tuesday, January 28, 1997 at 6:00 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Tom Morton, Mayor Norm Alexander, Councilmember Chuck Sturges, Councilmember Danny L. Watson, Councilmember Marsha Tunnell, Councilmember Ron Robertson, Councilmember Candy Sheehan, Councilmember Mayor Pro Tern Mayo was absent from the meeting. Also present were City Manager Jim Witt, City Secretary Kathleen Roach and City Attorney Peter G. Smith. REGULAR SESSION (Open to the Public) 1. Call to order. Mayor Morton called the meeting to order and adjourned into Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Teel, et al vs. City of Coppell, et al. 2. Waltman, et al vs. City of Coppell, et al. Mayor Morton convened into Executive Session at 6:11 p.m. as allowed under the above-stated article. Mayor Morton adjourned the Executive Session at 6:19 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Invocation. Councilmember Sturges led those present in the Invocation. 5. Pledge of Allegiance. Mayor Morton led those present in the Pledge of Allegiance. Item 7 was considered at this time. See Item 7 for minutes. 6. Citizen's Appearances. A. Scott McFadden, 104 Fieldcrest Loop, addressed the Council regarding Item #14 and the alley variance and indicated he was strongly in favor of the Council waiving the alley requirement for the development. B. Mary Best, 100 Fieldcrest Loop, also requested that Council grant the variance for Item #14. C. Larry Mendez, 139 Tennyson Place, spoke in favor of Item # 10 and the Performing Arts Center. D. Megan Miller, 113 Sand Point Court, also supported the Performing Arts Center proposal. E. John Nelson, 204 Samuel, #I-1, expressed his support and asked for Council's support of the Performing Arts Center. 7. Report from the Coppell Recreation Development Corporation. Kip Allison, 464 Halifax, Vice President of the Coppell Recreational Development Corporation made a presentation to the Council advising they were still in the elimination process regarding sites and hopefully they would be able to recommend a single site at the February 25, 1997 Council meeting. CM012JI97 Page 2 o~7 8. PROCLAMATION: A. Consider approval of a proclamation in support of the SHOP COPPELL CAMPAIGN, and authorizing the Mayor to sign. A. Mayor Morton read the Proclamation for the record. Councilmember Robertson moved to approve a proclamation in support of the SHOP COPPELL CAMPAIGN, and authorizing the Mayor to sign. Councilmember Tunnell seconded the motion; the motion carried 6-0 with Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson, and Sheehan voting in favor of the motion. CONSENT AGENDA 9. Consider approval of the following consent agenda items: A. Consider approval of minutes: January 14, 1997. B. Consider awarding Bid/Contract #Q-1196-02 for the construction of the Copperstone Trail to Pavement Construction & Maintenance, Inc. in the amount of $48,842.45 and authorizing the Mayor to sign. Items A & B -- Councilmember Robertson moved to approve Consent Agenda Items A and B. Councilmember Sheehan seconded the motion; the motion carried 6.0 with Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson, and Sheehan voting in favor of the motion. 10. Presentation by Wheelice Wilson, Jr. and Robert Batson regarding possible use of Fire Station No. 2 on Moore Road as a Center for the Performing Arts. Pete Wilson, Director of the Coppell Community Theatre, and Robert Batson, Architect and Set Designer for the Coppell Community Theatre, made a presentation to Council. The current speculation as to cost of renovating the building would be less than $140,000.00. Mayor Morton stated that Council had indicated support for this project during work session and added that grants might be sought to defray some of the costs involved. City Manager Jim Witt suggested that this be looked at during Council Priority Night on March 27, 1997. Councilmember Tunnell commended the Community Theatre on their efforts for this project. A short recess was held at this time. CM012~7 Pa~3 or? 11. Consider acceptance of the Comprehensive .Annual Financial Report for the fiscal year ended September 30, 1996. Jennifer Armstrong, Finance Director, introduced Doug Furra, Audit Manager for Weaver & Tidwell, who made a presentation to the Council. Councilmember Robertson commended Staff and advised that the auditors found no areas needing improvement. Mayor Morton complimented Staff. Councilmember Robertson moved to accept the Comprehensive Annual Financial Report for the fiscal year ended September 30, 1996. Councilmember Sturges seconded the motion; the motion carried 6-0 with Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson, and Sheehan voting in favor of the motion. A copy of the reports are on file in the City Secretary Department. 12. Presentation of the GFOA Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year 1995 to Jennifer Armstrong, Director of Finance. Mayor Morton presented the GFOA Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year 1995 to Jennifer Armstrong, Finance Director. City Manager Jim Witt advised that the Staff was appreciative of the work and efforts of the Finance Department. 13. Consider approval of placing a Resolution of Support on the February 11, 1997 City Council Agenda for any legislation brought before the Texas Legislature that provides municipalities the ability to regulate the carrying of a firearm by any person at a public park. Councilmember Sturges made a presentation to the Council and advised that he would like for cities to be able to regulate the carrying of weapons on any city-owned property. Councilmember Tunnell moved to approve placing a Resolution of Support on the February 11, 1997 City Council Agenda for any legislation brought before the Texas Legislature that provides municipalities the ability to regulate the carrying of a firearm by any person at a public park. Councilmember Sheehan seconded the motion; the motion carried 6-0 with Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson, and Sheehan voting in favor of the motion. 14. Consider approval of a variance to alleviate alleys in proposed subdivision at the southeast corner Sandy Lake Road and Whispering Hills. Presentation by Tim House and Michael Beste. Councilmember Tunnell voiced her disapproval in the way this item was handled. Councilmember Sturges indicated he would vote for this item because of the unique circumstances surrounding this particular tract of land. Councilmember Sheehan complimented the developer and the property owners around this development for working together on this proposal. Mayor Morton complimented Council on their handling of this item. Councilmember Robertson moved to approve a variance to alleviate alleys in proposed subdivision at the southeast corner Sandy Lake Road and Whispering Hills. Councilmember Alexander seconded the motion; the motion carried 5-1 with Councilmembers Alexander, Sturges, Watson, Robertson, and Sheehan voting in favor of the motion and Councilmember Tunnell voting against the motion. 15. PUBLIC HEARING: Consider approval of a street name change from Cotton Road between Freeport Parkway and Gateway Boulevard to Fritz Drive in its entirety. City Manager Jim Witt made a presentation to the Council. Mayor Morton opened the Public Hearing. and asked for those persons wishing to speak regarding this proposal. Councilmember Robertson moved to close the Public Heating and approve Ordinance No. 97784, changing the name of Cotton Road between Freeport Parkway and Gateway Boulevard to Fritz Drive in its entirety, and authorizing the Mayor to sign. Couneilmember Alexander seconded the motion; the motion carried 4-2 with Councilmembers Alexander, Sturges, Watson, and Robertson voting in favor of the motion and Councilmembers Tunnell and Sheehan voting against the motion. 16. Consider approval of an Ordinance changing the name of Cotton Road between Freeport Parkway and GateWay Boulevard to Fritz Drive in its entirety, and authorizing the Mayor to sign. This item was considered under Item 15. See Item 15 for minutes. Mayor Morton announced that Item 18 would be considered after calling for an Executive Session. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section $$1.071, Texas Government Code - Consultation with City Attorney. Mayor Morton convened into Executive Session at 8:38 p.m. as allowed under the above-stated article. Mayor Morton adjourned the Executive Session at 8:40 p.m. and reconvened the Regular Session with Items 18 and 19. See Items 18 and 19 for minutes. REGULAR SESSION (Open to the Public) -- 17. Necessary action resulting from Executive Session. There was no action under this item: 18. City Manager's Report. A. City Manager Jim Witt indicated that the city had received many calls regarding the gas well and announced that a hotline had been set up and the number is 304-2103. 19. Mayor's Report; A. Mayor Morton commended the Police De partment regarding the annual report and the decrease in crime. Mayor Morton asked if staff could gather statistics by subdivision. Councilmember Tunnell voiced an objection to targeting particular neighborhoods. Councilmember Sturges inquired as to whether the statistics could be gathered according to beats rather than neighborhoods. Councilmember Alexander expressed concerns about stigmatizing certain areas. B. Mayor Morton discussed a letter to Jim Witt regarding mineral interest at the Wagon Wheel Ranch property and advised that the document must be executed by February 28, 1997. Mayor Morton suggested that this item be reviewed at the first meeting in February. City Manager Jim Witt stated it would be placed on the Work Session for the first meeting in February. C. Mayor Morton indicated that Council should have received a copy of D/FW's response to the statement read by the City of Coppell at the last Noise Forum. Councilmember Sheehan inquired as to a response from FAA. City Manager Jim Witt advised that he had spoken with the D/FW officials and they indicated that the FAA letters are still being circulated among the channels at FAA. D. Mayor Morton advised that the City had on file a final printing of the Runway Use Plan and they were available in the Planning Department. E. Mayor Morton discussed a memo from City Manager Jim Witt regarding Martin Luther King Day being adopted as a holiday. This item, along with any other proposed personnel matters, will be brought back to Council at a future meeting. F. Mayor Morton advised that the City had requested information from the Texas ..... Department of Commerce under the Open Records Act two years ago. The Texas CM0128g/ Department of Commerce requested an Attorney General opinion on whether the information was covered under the Open Records Act and to date, nothing has been heard on the matter. G. Mayor Morton discussed the issue of selling Allen Road Park. City Manager Jim Witt stated that the prospective purchaser wanted the item on the May ballot. Councilmember Alexander pointed out that if the property were sold, the purchasers had the freedom to do with the property whatever they wanted. City Attorney Peter G. Smith advised that the City would have to have an election to dispose of park land and then the land would have to be auctioned or have sealed bids to be sold for not less than fair market value as determined by an appraisal obtained by the City. The funds from the sale have to be used for park purposes. Councilmember Alexander expressed his disapproval of selling park land. Councilmember Sheehan recommended that they go first to the Park Board. Councilmember Tunnell supported the opinion of Councilmember Alexander disapproving selling park land. City Manager Jim Witt asked if the item should be placed on the Work Session for the February 11, 1997 meeting. Consensus of Council was that Council was not interested in selling the park. H. Councilmember Watson asked the Council for consensus that a letter be written by the Mayor to the Sports Council requesting that they provide, no later than June 1, 1997, a schedule for youth and adult sports that shows no overlapping of seasons. After lengthy discussion, consensus of Council was for the Mayor to write a letter. There being no further business to come before the City Council, the meeting was adjourned. Tom Morton, Mayor ATTEST: Kathleen Roach, City Secretary Cb1012897