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CM 1997-08-26 MINUTES OF AUGUST 26, 1997 The City Council of the City of Coppell met in Regular Called Session on Tuesday, August 26, 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 Bill York, Councilmember Also present were City Manager Jim Witt, City Secretary Kathleen Roach and Jason Marshall from the City Attorney's office. 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 and gection ~1.072, Texas Government Code - Deliberation regarding real property. 1. Oil and Gas Well Lease for Wagon Wheel Ranch Property. 2. Property Tax Foreclosure Mayor Sheehan convened into Executive Session at 6:14 p.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive Session at 7:02 p.m. and opened the Work Session. CM082697 Page 1 of 8 WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion of Bicycle Helmet Ordinance. B. Status of Board/Commission/Committee Appointments. C. 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 Sheehan led those present in the Pledge of Allegiance. 6. PROCLAMATIONS: A. Consider approval of a proclamation naming Saturday, August 30, 1997 National Taekwondo Association of Coppell Appreciation Day, and authorizing the Mayor to sign. B. Consider approval of a proclamation naming Friday, August 29, 1997 as Coppell Thunder Appreciation Day, and authorizing the Mayor to sign. A. Mayor Sheehan read the proclamation for the record and presented the same to the Taekwondo Association of Coppell. Councilmember Mayo moved to approve a proclamation naming Friday, August 29, 1997 as Coppell Thunder Appreciation Day, and authorizing the Mayor to sign. Mayor Pro Tem Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Alexander, Sturges, Watson, Mayo, Wheeler, and York voting in favor of the motion. B. Mayor Sheehan announced that this item had been pulled from the agenda. CM082~97 Page 2 ~8 7. Presentation of the new Coppell video. Mayor Sheehan advised that the Coppell video was produced for the City of Coppell by GTE and that Mayor Pro Tem Tunnell and Gary Sieb, Director of Planning and Community Services, had worked very hard on the video. The video was presented to Council and those present. CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: August 12, 1997. B. Consider approval of accepting the resignation of Edwin Towell from the Telecommunications Board. C. Consider approval of accepting the resignation of Jack Jones from the Planning and Zoning Commission. D. Consider approval of an Ordinance amending Ordinance No. 96772, and the budget for Fiscal Year October 1, 1996 through September 30, -- 1997, and authorizing the Mayor to sign. E. Consider approval of awarding of Bid Q0697-03 for Office Supplies to B.T. Miller. F. Consider approval of a contract for the renewal of the Dallas County Health Services Agreement, effective October 1, 1997 to September 30, 1998, in the amount of $3,131.00, and authorizing the Mayor to sign. G. Consider approval of awarding the bid for Animal Boarding Services to Animal Healthcare of Texas, at the minimum monthly charge of $2,000.00, and authorizing the Mayor to sign. H. Authorization to acquire right of way for Sandy Lake Road from Sandy Lake Corners JV in the amount of $79,856.08; and authorizing the City Manager to take the necessary action for the acquisition. Councilmember Mayo moved to approve Consent Agenda Items A, B, C, D carrying Ordinance No. 97804, E, F, G and H. Councilmember Alexander seconded the motion; the motion carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Alexander, Sturges, Watson, Mayo, Wheeler, and York voting in favor of the motion. CM~97 Page 3 of 8 9. Consider approval of an Ordinance authorizing the issuance of City of Coppell, Texas, General Obligation Refunding and Improvement Bonds, Series 1997, approving an Official Statement, authorizing the execution of a purchase contract, and the execution of an Escrow Agreement, and making provisions for the security thereof, and ordaining other matters relating to the subject and authorizing the Mayor to sign. George Williford, representing First Southwest Company, made a presentation to the Council regarding the General Obligation Bonds and the Certificates of Obligation. City Manager Jim Witt clarified the uses of the bonds. Councilmember Mayo commended City Staff for an excellent job for bond service and recommending the refinance. Councilmember Mayo moved to approve Ordinance No. 97805 authorizing the issuance of City of Coppell, Texas, General Obligation Refunding and Improvement Bonds, Series 1997, approving an Official Statement, authorizing the execution of a purchase contract, and the execution of an Escrow Agreement, and making provisions for the security thereof, and ordaining other matters relating to the subject and authorizing the Mayor to sign. Councilmember Sturges seconded the motion; the motion carded 7-0 with Mayor Pro Tem Tunnell and Councilmembers Alexander, Sturges, Watson, Mayo, Wheeler, and York voting in favor of the motion. 10. Consider approval of an Ordinance authorizing the issuance of City of CoppeH, Texas, Combination Tax and Revenue Certificates of Obligation, Series 1997, 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 and authorizing the Mayor to sign. See Item 9 for presentations. Councilmember Mayo moved to approve Ordinance No. 97806 authorizing the issuance of City of Coppell, Texas, Combination Tax and Revenue Certificates of Obligation, Series 1997, 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 and authorizing the Mayor to sign. Mayor Pro Tem Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tern Tunnell and Councilmembers Alexander, Sturges, Watson, Mayo, Wheeler, and York voting in favor of the motion. 11. PUBLIC HEARING: To receive public comment concerning the Proposed 1997-98 Municipal Budget. Mayor Sheehan opened the Public Hearings for Items 11 and 12 and asked for those persons who wished to speak in favor of Item 11. Jennifer Armstrong, Finance Director, made a presentation to Council. Chad Beach, Assistant Finance Director, made a presentation regarding the Water/Sewer Fund. Mayor Sheehan asked for those persons who wished to speak against CM082697 Page 4 of 8 Item 11. Jeanette Auerbach, 625 Cambridge Manor Lane, spoke against the proposed budget. Couneilmember Mayo moved to close the Public Hearing on Item 11. Couneilmember York seconded the motion; the motion carried 7~0 with MaYor Pro Tem Tunnell and Councilmembers Alexander, Sturges, Watson, Mayo, Wheeler, and York voting in favor of the motion. 12. PUBLIC HEARING: To receive public comment concerning the Proposed 1997-98 tax rate of .6686. The Public Hearing was opened along with the Public Hearing on Item 11. There were no citizens to speak on Item 12. Councilmember Mayo moved to close the Public Hearing on Item 12. Councilmember York seconded the motion; the motion carded 7-0 with Mayor Pro Tem Tunnell and Councilmembers Alexander, Sturges, Watson, Mayo, Wheeler, and York voting in favor of the motion. City Manager Jim Witt advised that the Public Hearings on the budget and tax rate had been closed and formal action to adopt the budget and tax rate would be taken at the September 9, 1997 Council meeting. 13. Citizen's Appearances. '-- A. Barbara Crysdale, 327 Hampton Court, addressed the Council regarding the Arts complex. B. Pat Keenan, 412 Wellington, spoke to Council regarding the settlement with CED. C. Jeff Lewis, 150 Windham Court, also spoke regarding the Arts complex. D. Joe Shirley, 582 Villawood Lane, discussed the use of Fire Station#2 as the Arts center. E. Lynn Gipson, 710 Alendale, addressed the Council regarding the Coppell Tennis Association and the need for more tennis courts in the City. 14. Report by Coppell Recreation Development Corporation. Gary Sims, Director of Leisure Services, made a presentation to Council advising that the CRDC had approved the Enterprise Plan. The CRDC has authorized a floodplain study to maximize the site utilization of the Andrew Brown, Jr. Community Park East site, and authorized a tree survey. Space allocation and building orientation is being worked on to maximize the activities to be held in the facility. CRDC will have a joint meeting with Council at Andrew Brown East on September 6, 1997 at 8:30 a.m. CM082697 Page 5 of 8 15. Report on Art Center status and consideration of accepting bids for the renovation of Fire Station No, 2. City Manager Jim Witt made a presentation to Council. Pete Wilson, representing the Coppell Community Theater, addressed the Council concerning the Fire Station being renovated into the Arts Center. Robert Batson and George Edwin, architects, presented their recommendations to renovate the Fire Station g2 into the Coppell Center for the Arts. Couneilmember Alexander mov~ed to authorize the City Manager to solicit bids for the renovation of Fire Station No. 2. Mayor Pro Tem Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Alexander, Sturges, Watson, Mayo, Wheeler, and York voting in favor of the motion. A short recess was held at this time. 16. PUBLIC HEARING: Reconsideration and/or amendment of Ordinance No. 96780 requiring bicycle helmets. Mayor Sheehan opened the Public Hearing and asked for those persons wishing to speak in favor of this proposal. Peyton Weaver, 701 Dove Circle, urged a vote for the repeal of the ordinance; and Charles Cotton, 704 Dove Circle, spoke regarding the issue. Mayor Sheehan asked for those persons wishing to speak against this proposal. There were none. Councilmember Watson moved to close the Public Hearing and amend Ordinance No. 96780 to require individuals fourteen and under to wear bicycle helmets. Councilmember York seconded the motion; the motion carried 4-3 with Mayor Pro Tern Tunnell and Councilmembers Alexander, Watson, and York voting in favor of the motion and Councilmembers Sturges, Mayo and Wheeler voting against the motion. Couneilmember Alexander requested that the City Manager bring to Council the first meeting of October a resolution for bicycle safety and education. Councilmember Wheeler inquired as to the method of determining the age of fourteen. Councilmember Alexander stated that was the age of leaving middle school. Councilmember Mayo voiced his amazement that the conclusion was reached so rapidly and that Council arbitrarily and capriciously decided on the age of fourteen. Councilmember Mayo also discussed the compromise which had been recommended by the committee. Mayor Sheehan advised that there had been a motion, a second and discussion called and that no one asked to be heard. Councilmember Watson stated he was fired of dealing with the issue and that he had made his motion to see if it would pass and move on from this issue. Couneilmember Wheeler stated he had wished to see the Council go on record on an up or down vote of the ordinance. Mayor Pro Tem Tunnell advised that the Council had voted on the issue four times and she did not feel arbitrary and capricious. Councilmember Sturges commended the citizens who served on the committee and their willingness to compromise and commended Councilmember Alexander for reminding Council of the education recommendations of the committee. CM082697 Page 6 of 8 17. Consider request for a variance to allow for a second storage building 10' x 15' at Sandy Lake Road Baptist Church, 536 E. Sandy Lake Road, Coppell. Walter Pettijohn, 525 Oak Grove, advised that he had brought this item forward and indicated that another storage building was badly needed by the church. City Attorney Jason Marshall advised that the appropriate forum to request a variance would be to the Board of Adjustment. Mayor Pro Tem Tunnell requested an explanation of the difference between a hardship and special exception. Mr. Marshall complied with the request. City Attorney Bob Hager advised that what the applicant was seeking was a variance from the masonry requirements. Mayor Sheehan inquired as to the exterior material of the proposed building. Mr. Pettijohn stated it would be the same size and color as the existing storage building. No action was taken on this item. 18. Consider approval of the Living Legacy Memorial Program and its funding. Gary Sims, Director of Leisure Services, made a presentation to the Council. City Manager Jim Witt inquired as to the time frame or could the project wait to be initiated when the Aquatic/Recreation Center was completed. Mr. Sims stated that this project arose from a request by a citizen who wanted a memorial placed in a park. The Living Legacy Memorial Program was recommended by the Parks and Recreation Board. Couneilmembers Mayo and Watson had questions concerning the size of the memorial and the costs to the citizens for each memorial. Councilmember Alexander inquired as to the process of making a memorial and the sizes of the trees that would be planted. Councilmember York inquired as to the chances of the grant being funded. Mayor Pro Tem Tunnell asked about levels of giving. All Councilmembers expressed a desire to make the donations affordable to all citizens. Councilmember Alexander questioned if the memorial would be for significant events or if the honoree must be deceased. Councilmember Mayo moved to approve the Living Legacy Memorial Program to hold 1,000 leaves with an expenditure of $12,950.00 and for Staff to bring back the donation guidelines to Council at a future date. Councilmember Wheeler seconded the motion; the motion carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Alexander, Sturges, Watson, Mayo, Wheeler, and York voting in favor of the motion. 19. Necessary action resulting from Executive Session. No action was taken under this item. 20. City Manager's Report. There was no City Manager's report. CM~2~/ 21. Mayor's Report. A. Mayor Sheehan discussed the wishes of Council for riding in the Christmas Parade. B. Mayor Sheehan advised that the Woman of the Year Luncheon would be held on September 4, 1997 at the Grand Kempensld and would honor our Woman of the Year, Jeanne Heath. C. City Manager Jim Witt announced that GTE advised they would take some corrective action with the pronunciation of "Coppell" in the new video. D. Councilmember Mayo reminded his fellow Councilmembers that they had always agreed to disagree and that they still leave as friends and that he would like to see the City be very pro-education on the bicycle safety issue as well as all other modes of transportation such as rollerblades, skateboards, etc. Councilmember Mayo also advised that Council would be looking at the watering fines soon. E. Councilmember York agreed with the concept that Council had the right to agree to disagree and should leave as friends and reiterated the need for an education program. There being no further business to come before the City Council, the meeting was adjourned. Candy Sheehan, Mayor- ATTEST: Kathleen Roach, City Secretary CM082697 Page 8 of 8