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CM 1997-06-24 MINUTES OF JUNE 24, 1997 The City Council of the City of Copper met in Regular Called Session on Tuesday, June 24, 1997 at 6:00 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Candy Sheehan, Mayor Marsha Tunnell, Mayor Pro Tem Norm Alexander, Councilmember Chuck Sturges, Councilmember Danny L. Watson, Councilmember Lanny Mayo, Councilmember Larry Wheeler, 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 Sheehan called the meeting to order and adjourned into Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.072, Texas Government Code - Deliberation regarding real property. 1. Park land acquisition - west of Moore Road. B. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Oil and Gas Well Lease for Wagon Wheel Ranch Property. Mayor Sheehan convened into Executive Session at 6:12 p.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive Session at 6:50 p.m. and opened the Work Session. CM062497 Page 1 of 8 WORK SESSION (Open to the Public) 3. Convene Work Session A. Conversion of Fire Station#2. B. Board/CommiSsion/Commlttee Schedule and Interviews. C. Council Committees. D. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Invocation. Councilmember Mayo led those present in the Invocation. 5. Pledge of Allegiance. Mayor Sheehan led those present in the Pledge of Allegiance. At this time Mayor Sheehan recognized and welcomed Boy Scout Troops 184 and 842 who were in attendance working on merit badges. 6. Citizen's Appearances. A. A.J. Vaccaro, 202 Willingham, invited everyone to attend the 4th of July fair to be presented by the Chamber of Commerce and the Copper Celebrates Committee. B. Ron Forest, 140 Park Valley Court, addressed the Council in opposition to the bicycle helmet law. C. Sharon NearY,, 339 Westlake, spoke regarding the closure of Greenway Drive and advised that she was against the closure. D. Paul Weiser, 301 S. Coppell Road, #36, indicated to Council that he was opposed to the bicycle helmet law. Mayor Sheehan advised that Consent Agenda Item B would be pulled for a July 8, 1997 Work Session and Item 14 would be pulled for July 8, 1997. CM~ Page 2 of 8 7. Report by Coppell Recreation Development Corporation Mary Williams reported on behalf of the Coppell Recreation Development Corporation that the committee had requested a site survey from the architect for Andy Brown East behind Kid Country. The committee is currently working on architectural designs which would encompass the budget requirements, the site selection requirements, the recreational elements and the aquatic elements. The 6th grade students at the middle schools were surveyed as to their desires for the recreational facility. The committee is currently visiting facilities, completing the enterprise plan and researching pool areas with recreation centers for operation and maintenance costs. 8. Report by CoppeH Airport Advisory Committee. Marcia Szerlip reported on behalf of the Coppell Airport Advisory Committee that the committee proposed designation of a point north of the City as a fix which could be used to direct flights into the airport which would reduce overflight and avoid the problem of pilots cutting the comer. The FAA was receptive and supportive of the proposal and should implement the plan within the next two to three months. CONSENT AGENDA 9. Consider approval of the following consent agenda items: A. Consider approval of minutes: June 10, 1997 June 12, 1997 June 13/14, 1997. B. Consider approval of awarding Bid/Contract #Q-0497-01 to Durable Specialties, Inc. in the amount of $64,724.20 for the in.qtallation of a traffic signal at Belt Line Road/Lakeshore Drive and authorizing the Mayor to sign. C. Consider approval of an ordinance abandoning a 10 foot utility easement along the west side of Lot I Block C Pecan Hollow (200 Beechwood Lane) and authorizing the Mayor to sign. Item B was pulled for consideration at the July 8, 1997 work session. Items A and C -- CM062497 F)ge 3 of 8 _ Councilmember Mayo moved to approve Consent Agenda Items A and C carrying Ordinance No. 97798. Councilmember Wheeler seconded the motion; the motion carried 6-0 with Mayor Pro Tern Tunnell and Councilmembers Alexander, Sturges, Watson, Mayo, and Wheeler voting in favor of the motion. 10. Presentation by Coppell Community Theatre and Arts Council on matching funds for Arts Center. Pete Wilson, representing the Coppell Arts Council, made a presentation to Council regarding the renovation of Fire Station#2 and indicated that most of the foundations that contribute to projects, do not contribute for brick and mortar. City Manager Jim Witt advised the Council that this project should be kept in mind during the budget deliberations. 11. Presentation by the Keep the Helmet Ordinance Committee. Presentations were made to Council by Jill Blanton, Don Peters, Bianca Coker, Tom Kessler, Lisa Rafiqui, Sharon Kirby and Jayne Peters in support of the bicycle helmet ordinance. 12. Reconsideration and discussion of Ordinance 96780 regarding bicycle helmets. Mayor Sheehan advised that Council would give some time so speakers in opposition to the ordinance could be heard. Julie Marshall, Norman Kressen, Dale Slechta, Dan Sower and Charles Cotton addressed the Council in opposition to the bicycle helmet ordinance. City Manager Jim Witt gave an overview of the events leading up to this agenda item and introduced Officer Tony Pletcher who made a presentation to Council. After lengthy discussion, Councilmember Alexander moved to set up a task force comprised of two citizens in favor of the ordinance, two citizens against the ordinance and two members of Council to meet, discuss and come to a resolution on the age limit of the ordinance and bring back to Council the second meeting in August. Councilmember Wheeler seconded the motion; the motion carried 4-3 with Councilmembers Alexander, Watson, and Wheeler voting in favor of the motion; Mayor Pro Tem Tunnell and Councilmembers Sturges and Mayo voting against the motion and Mayor Sheehan breaking the tie with an affu'mative vote. At this time, Mayor Sheehan announced that a short recess would be held and thereafter each side should be ready to submit names to serve on the bicycle helmet task force. The meeting resumed after the break and Mayor Sheehan announced that she had received names of persons to serve on the task force. The task force shall be comprised of Tom Kessler, Jill Blanton, Wayne Alexander, Julie Marshall, and Councilmembers Sturges and Alexander. CM062497 Page4~8 13. Presentation of potential closing of Greenway Drive by concerned citizens. _ City Manager Jim Witt made a presentation to the Council. Jayne Peters, Kim Thomas, Lisa Rafiqui, Kathy Anderson and Phil Zielasko addressed the Council and requested that a Public Hearing be held on August 12, 1997 regarding the closing of Greenway Drive. Ken Griffin, Assistant City Manager/City Engineer reviewed with Council the history of this matter. Couneilmember Mayo inquired as to the results of the study of a residential speed limit of 25 mph and what steps the police are taking. Mr. Griffin stated that they would be coming to Council with a policy to lower the speed limit to 25 mph the second meeting of July and that when the Engineering Department receives a request concerning traffic issues, a copy of the request is forwarded to the Police Department. Couneilmember Alexander inquired as to the cut-through traffic on Greenway Drive. Mayor Pro Tem Tunnell asked for clarification on the number of vehicles in the traffic study and inquired as to the status of the road when it was built. Councilmember Mayo inquired as to a drive-over curb. Councilmember Watson asked about the typical traffic flows of the city. Gary Sieb, Director of Planning and Community Services, answered Councilmember Watson's questions concerning platting of the streets. Couneilmember Sturges stated that he empathized with the residents of Greenway Drive, however as a member of Council he doubted that the support would be to close the road. Mr. Griffin answered questions regarding the policies that would be coming forward the second meeting in July. Councilmember Tunnell discussed possible solutions other than closing a street. Councilmember Sturges stated he would like to hear possible solutions from the City Engineer. Couneilmember Wheeler concurred with the idea to hear the City Engineer's solutions and stated he would consider closing the street a last alternative. Councilmember Mayo asked the City Attorney if the video speeding tickets were legal in the State of Texas. City Attorney Peter G. Smith stated there were some police departments looking at the situation. Councilmember Watson moved to delay any action on Greenway Drive until the City Engineer brings a report back to Council. Councilmember Sturges seconded the motion; the motion carried 6-0 with Mayor Pro Tern Tunnell and Councilmembers Alexander, Sturges, Watson, Mayo, and Wheeler voting in favor of the motion. 14. Approval of a Public Crossing License Agreements with Dallas Area Rapid Transit (DART) for the proposed Fairway Drive, the existing "Thompson" crossing and the Coppell Road crossing and authorize the Mayor to sign. This item was pulled for further consideration. 15. Consider approval of rescinding the Purchasing Manual approved on April 13, 1993, replacing it with a revised Purchasing Manual which shall be a~tered and/or revised by the City Manager. City Manager Jim Witt advised that Vivyon Bowman, Director of Human Resources, and Jim Ragsdale, Purchasing Agent, were present to give the highlights of the revisions. Mr. Bowman CM062497 l~e $ o~8 recommended approval of the revisions. Councilmember Mayo moved to approve rescinding the Purchasing Manual approved on April 13, 1993, replacing it with a revised Purchasing Manual which shall be administered and/or revised by the City Manager. Councilmember Alexander seconded the motion; the motion carried 6-0 with Mayor Pro Tem Tunnell and Councilmembers Alexander, Sturges, Watson, Mayo, and Wheeler voting in favor of the motion. 16. Consider approval of an Ordinance for Case No. S-1126, Tren-Tech Company, zoning change from C (Commercial) to C-S.U.P. (Commercial, Special Use Permit, to allow the operation of a business within a residential structure on Commercial property and authorizing the Mayor to sign. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Councilmember Watson moved to approve Ordinance No. 91500-A-167 for Case No. S-1126, Tren-Tech Company, zoning change from C (Commercial) to C-S.U.P. (Commercial, Special Use Permit), to allow the operation of a business within a residential structure on Commercial property and authorizing the Mayor to sign. Councilmember Mayo seconded the motion; the motion carried 5-1 with Mayor Pro Tern Tunnell and Councilmembers Alexander, Watson, Mayo, and Wheeler voting in favor of the motion and Councilmember Sturges voting against the motion. 17. Consider approval of Mayoral appointments to Council's Committees. Councilmember Mayo moved to approve the Mayoral appointments to Council's Committees as follows: Councilmembers Sturges and Mayo to serve as City/Coppell lSD Liaisons; Councilmember Sturges to serve on Dallas Central Appraisal Advisory Board; Mayor Pro Tern Tunnell and Councilmember Sturges to serve on Economic Development Partnership; Mayor Pro Tem Tunnell to serve on Metrocrest Hospital Authority; Mayor Sheehan to Serve on the North Central Texas Council of Governments; Mayor Sheehan to serve on the North Texas Commission; Councilmember Wheeler to serve on Office on Senior Adult Services; Councilmember Alexander to serve on the Town Center/Architectural Committee; Councilmember Watson to serve on the Trinity Trail Advisory Committee; and Mayor Pro Tern Tunnell and Councilmember Sturges to serve on the D/FW Noise Forum with Councilmember Wheeler as backup. Councilmember Alexander seconded the motion; the motion carried 6-0 with Mayor Pro Tem Tunnell and Councilmembers Alexander, Sturges, Watson, Mayo, and Wheeler voting in favor of the motion. 18. Presentation by citizen R. G. HarreH regarding Citizens' Advocate March 8, 1996 article, "Anatomy of Citizen's Complaint." R. G. Harrell continued his presentation from the April 22, 1997 City Council meeting concerning alleged police misconduct. Mr. Harrell posed the following question to each CM~ 1'age 6 of $ Councilmember: "Will you support calling for an investigation pursuant to Council's authority on Home Rule Charter, Section 3.157 Yes or no, please." Councilmember Alexander answered, "No." Councilmember Sturges answered, "Mr. Harrell, I have profound respect for you, and I know that you stand for the Constitution and the way of life in this United States of America. And I know that you are personally acquainted with and would abhor the tactic of Herman Goebells or Goefing of over and over repeating the big lie in hopes that some fool would begin to believe it because he heard it twenty-five times. No sir, there is no basis for any allegations, no basis for any investigation. I respect you, but I do not believe you're on -" Mr. I-Iarrell interrupted to state that these were not his allegations. Councilmember Wheeler inquired of the City Attorney as to whether a citizen has a right to question the Council and ask for a direct answer. City Attorney Peter G. Smith stated that this was not a public hearing; that Mr. Harrell had the right to have his item on the agenda and his presentation had been completed, and unless Council wished to address the matter, the item was over. Mr. Smith stated that the Council meeting was not a forum to debate with a citizen. Councilmember Watson responded, "Mr. Wheeler, I agree with your point, but I would like to have this opportunity to give a firm 'No' to this matter and put it to rest." Mayor Pro Tem Tunnell stated, "A couple of things. Number one, you said it hasn't raised an eyebrow to Council. This Council has looked into things. Eyebrows may or may not have been raised, but we have looked into it and for you to make an assumption that we haven't done anything offends me. Someone that is noticeably absent from all of this is Mr. Calfey and if he has a problem, he has not come down, and he has not addressed us. I appreciate you coming down on his behalf, but-" Mr. I-Iarrell interrupted at this point and asked, "Who spoke for eight million Jews. None of them did." Councilmember Wheeler stated, "I think that comment was out of order." Councilmember Mayo stated, "Sir, your time has expired." Mayor Sheehan advised, "Mr. Harrell, I think it's getting a little late and a little out of hand here. I think you have probably heard from the majority of Council --" Mr. Harrell interrupted with, "The public now knows where each of you stand." Mayor Sheehan reminded that this was a presentation and not a public hearing or an action item. 19. Necessary action resulting from Executive Session. There was no action necessary under this item. 20. City Manager's Report. A. City Manager Jim Witt announced that on Tuesday, July 1, 1997 a budget workshop would be held and that a workshop had been scheduled for July 28, 1997. B. City Manager Jim Witt advised that the City would receive the certified tax rolls on July 25, 1997. C. City Manager Jim Witt stated that a Finance Committee meeting had been scheduled for -- August 12 and since there was no longer a Finance Committee, Council was asked if CM062497 Page 7 o~8 they would like to have another budget workshop at that time. Council discussed the Finance Committee and the fact that the entire Council wished to become more involved in the budget process. 21. Mayor's Report. A. Mayor Sheehan advised that Friends of Joan Malone would have a benefit concert on June 27, 1997 with the proceeds going to the Coppell and Carrollton Police Departments. B. Mayor Sheehan announced that the Metrofest Family Concert Series would be held on June 28 and 29, 1997 to benefit the Family Place Metrocrest Help Center. C. Mayor Sheehan stated that orders were being taken for the Coppell Night Out shirts and that Coppell Night Out would be August 5, 1997. On August 3, 1997 Police and Fire will hold a softball game and on August 4, 1997 a golf tournament will be held. There being no further business to come before the City Council, the meeting.was adjourned. Candy Sheehan, Mayor ATTEST: Kathleen Roach, City Secretary l)qe 8~8