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CM 1997-02-11 MINUTES OF FEBRUARY 11, 1997 The City Council of the City of 'Coppell met in Regular Called Session on Tuesday, February 11, 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 Lanny Mayo, Mayor Pro Tern Norm Alexander, Councilmember Chuck Sturges, Councilmember Danny L. Watson, Councilmember Marsha Tunnell, Councilmember Ron Robertson, Councilmember Candy Sheehan, Councilmember 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. D/FW Runway Use Plan. B. Section 551.072, Texas Government Code - Deliberation regarding real property. 1. Deliberations regarding Wagon Wheel Property mineral rights. Mayor Morton convened into Executive Session at 6:10 p.m. as allowed under the above-stated article. Mayor Morton adjourned the Executive Session at 6:59 p.m. and opened the Work Session. ClVm21~ WORK SESSION (Open to the Public) _ 3. Convene Work Session A. Review of proposed consultant strategy for D/FW Airport. B. Review of development proposal' for NW corner of Ruby and Coppell Road. C. Duck Pond update. '" D. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Invocation. Mayor Pro Tem Mayo led those present in the Invocation. 5. Pledge of Allegiance. Mayor Morton led those present in the Pledge of Allegiance. 6. Citizen's Appearances. No one signed up to speak under Citizen's Appearances. 7. PROCLAMATIONS: A. Consider approval of a Proclamation extending compliments and congratulations to Nancy Bagherloo, Catherine Bellah, Gina Chung, Verneil Dooley, Jr., Cecilia Flores, Ryan Gutknecht, Abbey Mathew, Alex Murphy, Ken Robison, Alecia Williams, for participation in the YMCA Youth and Government Conference in Austin, Texas on January 23 through 26, and authorizing the Mayor to sign. B. Consider approval of a Proclamation extending compliments and congratulations to Vernell Dooley, Jr., for being elected as Speaker of the House of Representatives for the 50th Annual Texas YMCA Youth and Government Conference, and authorizing the Mayor to sign. A. Councilmember Sturges read the Proclamation into the record and presented a copy of same to the students present. Councilmember Sturges moved to approve a Proclamation extending compliments and congratulations to Nancy Bagherloo, Catherine Bellah, Gina Chung, Vernell Dooley, Jr., Cecilia Flores, Ryan Gutlmecht, Abbey Mathew, Alex Murphy, Ken Robison, Alecia Williams, for participation in the YMCA Youth and Government Conference in Austin, Texas on January 23 through 26, and authorizing the Mayor to sign. Councilmember Sheehan' seconded the motion; the motion carried 7-0 with Mayor Pro Tern Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson, and Sheehan voting in favor of the motion. B. Councilmember Sturges read the Proclamation into the record and presented same to Vernell Dooley, Jr. Councilmember Sturges moved to approve a Proclamation extending compliments and congratulations to Vernell Dooley, Jr., for being elected as Speaker of the House of Representatives for the 50th Annual Texas YMCA Youth and Government Conference, and authorizing the Mayor to sign. Councilmember Tunnell seconded the motion; the motion carded 7-0 with Mayor Pro Tern Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson, and Sheehan voting in favor of the motion. CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: January 28, 1997. B. Consider approval of an ordinance amending Section 6-5-9 of the Code of Ordinances to authorize the temporary closure or restriction of city streets and public property for parades and special events; and authorizing the Mayor to sign. C. Consideration and approval of awarding Bid No. Q 1096-02, Landscape Services to Greener Pastures, Inc. in the amount of $167,296.00 for mowing services in parks, medians and municipal grounds. D. Consider approval of a Utility Easement for T. U. Electric, in Andrew Brown Jr. Community Park West; and authorizing the Mayor to sign. Mayor Pro Tern Mayo moved to approve Consent Agenda Items A, B carrying Ordinance No. 97785, C and D. Councilmember Robertson seconded the motion; the motion carried 7-0 with Mayor Pro Tern Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson, and Shcehan voting in favor of the motion. CM~ZlI~7 9. PUBLIC HEARING: Consider approval of Case No. S-1121, St. ,Ann Catholic Church, zoning change from SF-9 and C (Single Family-9 and Commercial) to SF-9-S.U.P. (Single Family-9, Special Use Permit), to provide the same zoning on the expansion site as on the existing church site and to allow a stucco exterior finish on the new building located at the'northeast corner of Sandy Lake Road and Samuel Boulevard. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Morton opened the Public Hearing and asked for those persons wishing to speak regarding this proposal. There were none. Councilmember Tunnell moved to close the Public Hearing and approve the revised site plan for Case No. S-1121, St. Ann Catholic Church, zoning change from SF-9 and C (Single Family-9 and Commercial) to SF-9-S.U.P. (Single Family-9, Special Use Permit), to provide the same zoning on the expansion site as on the existing church site and to allow a stucco exterior finish on the new building located at the northeast corner of Sandy Lake Road and Samuel Boulevard. Couneilmember Alexander seconded the motion; the motion carded 7-0 with Mayor Pro Tern Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson, and Sheehan voting in favor of the motion. 10. PUBLIC HEARING: Consider approval of St. Ann Catholic Church, Second Replat, to allow the -- development of a church on 19.522 acres of property located at the northeast corner of Sandy Lake Road and Samuel Boulevard. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Morton opened the Public Hearing and asked 'for those persons wishing to speak regarding this proposal. There were none. Councilmember Robertson moved to approve St. Ann Catholic Church, Second Replat, to allow the development of a church on 19.522 acres of property located at the northeast corner of Sandy Lake Road and Samuel Boulevard with the amendment to move the hike and bike trail to the south side of the street. Mayor Pro Tern Mayo seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson, and Sheehan voting in favor of the motion. 11. Consider approval of the Coppell Middle School North Addition, Preliminary Plat, to allow the development of a middle school and an elementary school on a 26.5 acre tract of land and to extend Natches Trace Drive from Denton Tap Road eastward through property located north of Denton Creek, south of S.H. 121 Bypass (also known as Vista Ridge Boulevard). Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. After discussion, Councilmember Robertson moved to approve the Coppell Middle School North Page 4 td'$ Addition, Preliminary Plat, to allow the development of a middle school and an elementary school on a 26.5 acre tract of land and to extend Natches Trace Drive from Denton Tap Road eastward through property located north of Denton Creek, south of S.H. 121 Bypass (also known as Vista Ridge Boulevard), subject to the conditions as stated on the Agenda Request Form; and the condition that the northern screening wall be a solid six (6') foot wall and to approve that the Planning and Zoning Commission be the authority responsible for the approval of the Final Plat. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson, and Sheehan voting in favor of the motion. Superintendent Buddy Echols expressed his appreciation to City Staff on the work put into this project. 12. Consider providing that the Planning and Zoning Commi~ion be the authority responsible for the approval of the Final Plat of CoppeH Middle School North Addition, to allow the development of a middle school on a 26.5 acre tract of land and to extend Natches Trace Drive from Denton Tap Road eastward through property located north of Denton Creek, south of S.H. 121 Bypass (also known as Vista Ridge Boulevard), and east of Denton Tap Road. This item was considered under Item 11. See Item 11 for minutes. 13. Consider approval of a Resolution supporting legislation prohibiting fire arms in public parks and recreational areas, and supporting the continued ability of cities to regulate fire arms on all municipal property, and authorizing the Mayor to sign. Councilmember Sturges discussed the history of the bill. Councilmember Sturges moved to approve Resolution No. 021197.1 supporting legislation prohibiting fire arms in public parks and recreational areas, and supporting the continued ability of cities to regulate fire arms on all municipal property, and authorizing the Mayor to sign. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson, and Sheehan voting in favor of the motion. 14. Consider establishment of Citizen Task Force regarding DFW overflight and noise. Councilmember Sheehan recommended that each Councilmember and the Mayor appoint a member to serve on the task force for a total of eight members. Councilmember Robertson inquired as to the definition and scope of the task force and their duties and the duration of service. City Manager Jim Witt responded that the task force would act as a sounding board for the community and develop a priority list and that the committee would be abandoned in December 1997. Mayor Pro Tern Mayo recommended that the task force members receive a CM$21197 l~S~t8 thorough orientation. City Attorney Pete Smith suggested that Mr. Pflaum should give some formal guidance to the task force. Councilmember Sheehan inquired as to the Staff Liaisons to the task force and asked that regular reports be made to the Council concerning the work of the task force. City Manager Jim Witt stated that he and Gary Sieb could serve as liaisons. Councilmember Robertson requested that all communications should be made available in writing to the citizens. City Manager Jim Witt stated his understanding of the following directives: 1) that each Councilmember and the Mayor will submit their task force appointee to the City Manager's office by Monday, February 10, 1997; (2) that the task force will sunset on December 31, 1997 unless extended by Council; 3) Mr. Pflaum and City Manager Witt will develop a mission statement for the task force; and 4) the task force will report back to Council and work with Staff, with the Council being the final decision maker in terms of negotiations or actions related to the airport or the FAA. Councilmember Sturges inquired as to the frequency of meetings of the task force. Councilmember Sheehan moved to approve the establishment of a Citizen Task Force to include the four directives as stated by City Manager Jim Witt above. Councilmember Tuunell seconded the motion; the motion carried 7-0 with Mayor Pro Tern Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson, and Sheehan voting in favor of the motion. 15. Consider approval of a Resolution authorizing the City Manager to enter into a contract with Dallas County to conduct the Municipal Election to be held May 3, 1997, and authorizing the Mayor to sign. Mayor Morton advised that, due to the renovation of the first floor of Town Center, the election would probably be moved to the Coppell Justice Center. Mayor Pro Tem Mayo moved to approve Resolution No. 021197.2 authorizing the City Manager to enter into a contract with Dallas County to conduct the Municipal Election to be held May 3, 1997, and authorizing the Mayor to sign and to move the location of the election to the Copper Justice Center. Councilmember Sheehan seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mayo and Councilmembers Alexander, Sturges, Watson, Tunnell, Robertson, and Sheehan voting in favor of the motion. Councilmember Tunnell inquired as to the method of announcing election results. City Secretary Kathleen Roach advised that there is a way to connect online with the electronic bulletin board at election headquarters and she is looking into this possibility. Councilmember Robertson raised the question of Jeanne Heath and Mary Jo Cozby being permitted to work the election and thanked them for their past work in the elections. City Secretary Kathleen Roach advised that she had compiled the list of election officials with Jeanne Heath and Mary Jo Cozby to remain the Election Judge and Alternate Judge and that the resolution calling the election and appointing the judges will come to Council on the next agenda. 16. Necessary action resulting from Executive Session. There was no action necessary under this item. 17. City Manager's Report. A. Municipal Legislative Update. A. City Manager Jim Witt gave an overview of bills regarding shortage at the TNRCC which could result in fees on water bills to offset the shortage; right-of-ways and deregulation of electrical supply and the impact on rights-of-way and franchise fees; additional fees regarding the local Court system; firearms bill and stripping Cities' powers to regulate firearms; the possibility of a one-call system for utilities for digging since Texas is the only state that does not have a one-call utilities system for digging; rebating to the City 5% of all lottery revenues purchased in the City; changes in the election date to the last Saturday in March; many bills relating to tax abatements and school districts; and school property bill. Councilmember Tunnell inquired as to whether the City should register opposition to the firearm bills which would remove the City's power to regulate firearms. City Manager Jim Witt recommended that we compose a letter to the Representative and Senator regarding the City's position on the matter. 18. Mayor's Report, A. Mayor Morton stated that major changes were being made in economic development with a major change being that the tax on inventory will probably totally disappear. B. Mayor Morton referred to a letter from the City Attorney regarding alley requirements. Council indicated that they would still like to look at these on a case-by-case basis. C. Mayor Morton discussed the letter that Council had received regarding a complaint against City Manager Jim Witt lodged by Doyle Calfey. Mayor Pro Tern Mayo recommended denial of any action on the grounds that the complaint does not merit any action. Councilmember Sheehan requested an Executive Session. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Morton convened into Executive Session at 8:46 p.m. as allowed under the above-stated article. Mayor Morton adjourned the Executive Session at 8:57 p.m. and reconvened the Regular Session. , . CM1~1197 REGULAR SESSION (Open to the Public) Mayor Morton inquired as to Council's wishes concerning the complaintfiled by Mr. Calfey against City Manager Jim Witt.' Mayor Pro Tern Mayo stated the following: "Mr. Mayor, after review of the letter, I do not feel like we have any information there that warrants any type of investigation or any further review of this matter. I've lived here for about twenty and a half years, be in May twenty-one years, and I've seen our City grow from about -- when I moved here the sign said about 1800 and I think, as I've told the story before, I think it included some cows and hogs. Now we're sitting on probably around 27,000 people. If you look at the number of concerns and interest and request for information that we get on a regular basis, that accounts for, if you do the math, 1/100 of 1% of our total population. I think there's about seven of us plus a Mayor, which makes eight positions, that are elected to do this job. And I feel like I do the best job that I can that I was elected to do. If citizens feel like any one of us are not doing our due diligence or not requiring Staff to do their due diligence and that we are, in any way, circumventing the law or in any way misrepresenting anything or in any way doing anything that would further warrant malfeasance on our part, then I could only encourage those citizens to seek to elect someone that could serve their needs better, and with that I conclude my comments." Consensus of Council was that no inquiry would be necessary and Mayor Morton would forward a letter to Mr. Calfey in that regard. Councilmember Sheehan stated that she saw nothing specific in the letter and that allegations were very broad. City Attorney Peter G. Smith advised that he had received a similar letter from Mr. Calfey stating that he was responsible for Council and City Staff's actions. D. Mayor Morton inquired of City Manager Jim Witt regarding the dues of Economic Development Associations. E. Mayor Morton advised that a letter had been received from Four Seasons commending Captain Goolsby, Officer Wingo and Officer Scott regarding an investigation of lost property. There being no further business to come before the City Council, the meeting was adjourned. Tom Morton, Mayor ATTEST: Kathleen Roach, City Secretary ~IL~/ ~seS~S