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CM 1998-07-28 MINUTES OF JULY 28, 1998 The City Council of the City of Coppell met in Regular Called Session on Tuesday, July 28, 1998, 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 Tern Greg Garcia, Councilmember Chuck Sturges, Councilmember (late arrival) Pat Keenan, Councilmember Doug Stover, Councilmember (late arrival) Larry Wheeler, Councilmember Bill York, 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 551.071, Texas Government Code - Consultation with City Attorney. 1. Reitman vs. City of Coppell. Mayor Sheehan convened into Executive Session at 6:10 p.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive Session at 6:15 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion of Board]Commission/Committee Interview Process. CM072598 Page I of 10 B. Discussion of Proposed Revision of the Tree Preservation Ordinance. C. Discussion of Planning & Zoning Commission Joint Meeting. D. Presentation of Teen Court. E. Discussion of Agenda Items. Counci]members Sturges and Stover arrived during Work Session. REGULAR SESSION (Open to the Public) 4. Invocation. Pastor Wayne McDonald of the Metrocrest Community Church led those present in the Invocation. 5. Pledge of Allegiance. Mayor Sheehan led those present in the Pledge of Allegiance. City Manager Jim Witt announced the appointment of Roy Osborne, Chief of Police of Copperas Cove, to be the new Chief of Police. Mr. Osborne thanked the City Manager and Deputy City Manager for giving him a chance to serve our community. Mayor Sheehan welcomed Mr. Osborne and commended him on some of his programs. 6. PROCLAMATION: Consider approval of a Proclamation proclaiming "National Night Out" on Tuesday, August 4, 1998, and providing City Council Support and endorsement of National Night Out festivities and authorizing the Mayor to sign. Mayor Sheehan read the proclamation for the record and presented the same to Gary Nix, Interim Police Chief. Mayor Sheehan thanked Mr. Nix for all his support in the Police Department. Mayor Pro Tern Tunnell moved to approve a Proclamation proclaiming "National Night Out" on Tuesday, August 4, 1998, and providing City Council Support and endorsement of National Night Out festivities and authorizing the Mayor to sign. Councilmember York seconded the motion; the CM072598 Page 2 of 10 motion carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Garcia, Sturges, Keenan, Stover, Wheeler and York voting in favor of the motion. Interim Police Chief Gary Nix discussed the National Night Out Program. 7. Quarterly presentation to Council by the Tree Board. Jay Halpin, Chairman of the Tree Board, made their quarterly presentation to the Council discussing the protection and replacement of trees, the Living Legacy Program and the Arbor Day Celebration. Mayor Sheehan advised that the Living Legacy Program had been funded. 8. Presentation by Blooming Colors Nursery regarding water usage. Barry Johnson from Blooming Colors Nursery made a presentation to the Council regarding watering guidelines and stated that sufficient watering could be accomplished three days per week. Most of the watering problems the nursery sees comes from a poor coverage problem. Mayor Sheehan inquired as to the best times of the day to water. Mr. Johnson stated that watering in the heat of the afternoon would lose a lot of water to evaporation and stated that the best times to water would be during the morning hours. 9. Presentation by the Family Place. Tracy Newton from the Fsmily Place made a presentation to the Council advising that the goal of the Fsmily Place was to stop domestic violence and discussed the services offered by her orgsnization. Carolyn Mangin discussed the budget details of the Family Place and asked for support from the City of Coppell. 10. Presentation by the Metrocrest Social Services Center. Robert McMahan from the Metrocrest Social Services Center made a presentation to the Council discussing the quality of life and the services offered by the Metrocrest Social Services Center and asked for support from the City of Coppell. Couneilmember Sturges inquired regarding the poverty-level citizens and the City's current contribution. 11. Presentation by the Coppell International Music Exchange. CM072898 Page 8 of 10 Tom Morton made a presentation to Council concerning the Coppell International Music Exchange and their recent trip to Germany. Mr. Morton presented the City with a lantern from the City of Ibbenburen. 12. Citizen's Appearances. Milre Crimmins, 564 Lake Forest, discussed the LaCrosse program and the issue of practice fields within the City. B. Scott Williams, 755 Pelican Lane, addressed the Park Recreation Open Space Master Plan Update. C. Roberta Ritcheske, 765 Crane Circle, spoke in support of the Coppell Center of the Arts. D. Ed Caldwell, 601 Shadowcrest, addressed the Council regarding undesignated fund balance and the fact he needs his curbs and gutters repaired and read portions from a letter written by John Robinson. CONSENT AGENDA 13. Consider approval of the following consent agenda items: A. Consider approval of minutes: July 14, 1998. B. Consider approval of an Ordinance regarding an amendment to Section 29-4 to replace Paragraph (C) of Subsection 2 of the Coppell Zoning Ordinance in its entirety to permit more than one monument sign on property in excess of 5 acres with frontage on more than one street, and authorizing the Mayor to sign. Councilmember York moved to approve Consent Agenda Items A and B carrying Ordinance No. 91500-A-194. Councilmember Garcia seconded the motion; the motion carried 7-0 with Mayor Pro Tern Tunnell and Councilmembers Garcia, Sturges, Keenan, Stover, Wheeler and York voting in favor of the motion. 14. Consider approval of the Parks, Recreation and Open Space Master Plan Update as proposed by the Park Board. CM072898 Page 4 of 10 Gary Sims, Director of Leisure Services, made a presentation to the Council listing the following projects which were recommended for the 1998-99 budget year: 1) athletic practice areas at Andrew Brown East; 2) MacArthur Park parking, grading, backstops, irrigation, play area, restroom; 3) Riverchase Park playground, shelter, bench, drinking fountsin, trash receptacle; 4) continue Vistas Trail trail on north side of Denton Creek to the west; 5) replace exercise equipment at Andrew Brown West; 6) upgrade electrical service at Andrew Brown East pavilion; 7) resurface basketball courts at Andrew Brown West; and 8) skin infields at 4-plex, fields 1, 2 and 3 Andrew Brown East. Councilmember York asked about the number of practice fields and for which sport. Mr. Sims stated the fields would be designated primarily as soccer. Councilmember Stover asked what would be included in the MacArthur Park project. Mr. Sims stated MacArthur Park would have athletic fields, a community playground and possibly would use parking from the church. Mayor Sheehan advised that the Jaycees were interested in working with the City on MacArthur Park. Councilmember Garcia stated that the Jaycees were already beginning to raise funding for the park. Mayor Pro Tern Tunnell inquired as to the method of determination of the funding for the proposed projects. Mr. Sims stated input was received from the Sports Council regarding recommendations for athletic fields and athletic priorities. Mayor Pro Tern Tunnell asked who provided input for the non-sports related areas of the parks. Mr. Sims stated those were covered through the Five-Year Master Plan. Councilmember York moved to approve the Parks, Recreation and Open Space Master Plan Update as proposed by the Park Board. Councilmember Garda seconded the motion; the motion carried 7-0 with Mayor Pro Tern Tunnell and Councilmembers Garcia, Sturges, Keenan, Stover, Wheeler and York voting in favor of the motion. 15. Consider approval of awarding Bid/Contract Q-0598-05 for the construction of Coppell Gateway Public Improvement District (PID) Drainage and Paving Improvements at Southwestern Blvd. Freeport Pkwy. and from Fritz Rd. to Grapevine Creek to Wright Construction Company in the amount of $541,774.00; and authorizing the Mayor to sign. City Manager Jim Witt made a presentation to the Council stating that the PID was established in 1992 by Mayor and Council as a property improvement district and only the property within that district would be subject to taxation for the improvements. Mayor Pro Tern Tunnell moved to approve awarding Bid/Contract Q-0598-05 for the construction of Coppell Gateway Public Improvement District (PID) Drainage and Paving Improvements at Southwestern Blvd. Freeport Pkwy. and from Fritz Rd. to Grapevine Creek to Wright Construction Company in the ..... amount of $541,774.00; and authorizing the Mayor to sign. Councilmember Sturges CM072895 Page § of 10 seconded the motion; the motion carried 7-0 with Mayor Pro Tem Tunnell and ~_ Councilmembers Garcia, Sturges, Keenan, Stover, Wheeler and York voting in favor of the motion. 16. Consider approval of a revision to the design contract with Kimley-Horn and Associates, Inc. (Rady & Assoc.) for the design of Sandy Lake Road from MacArthur to Denton Tap Project ST 93-02 in the amount of $165,000.00; and authorizing the Mayor to sign. Ken Grlt~in, Director of Engineering and Public Works, made a presentation to the Council and advised that bids for Sandy Lake Road would be opened on Thursday, August 6, 1998. Counc. ilmember Wheeler moved to approve a revision to the design contract with Kimley-Horn and Associates, Inc. (Rady & Assoc.) for the design of Sandy Lake Road from MacArthur to Denton Tap Project ST 93-02 in the smount of $165,000.00; and authorizing the Mayor to sign. Councilmember York seconded the motion; the motion carried 7-0 with Mayor Pro Tern Tunnell and Councilmembers Garcia, Sturges, Keenan, Stover, Wheeler and York voting in favor of the motion. 17. Presentation by R. G. Harrell. Councilmember Keenan entered a point of order stating he did not know the purpose of the presentation, what action the Council is being asked to take or how long the presentation is proposed to be and moved that Mr. Harrell give the Council a two minute summary and clarify the purpose of the presentation, the action he would like the City Council to take and the time he needs for his presentation. Councilmember York seconded the motion. Councilmember Stover asked Councilmember Keenan to clarify his motion. Councilmember Sturges stated he supported Councilmember Keenan's right to make the motion but that he would vote against it as he felt it was one of the hallmarks of our society that the government shall not circumscribe the people's right to petition the government. Mayor Pro Tern Tunnell asked if the Council could set a tine limit for the presentation and go. Councilmember Wheeler stated he hoped the speaker could state in a two-minute period what he will speak about, what his objections are and how long he anticipates his presentation to be. Counci]member Keenan stated that Council provides citizens two minutes to address the Council and sometimes extends the time by two minutes and that if a citizen asks to be given a specific agenda item, the Council should be given the purpose of the presentation, the action that's being requested by the City Council and the length of the presentation. Councilmember Garcia asked the presenter if he could summarize in less than 30 seconds what he would be speaking about. Mr. Harrell stated he could have been CM072898 Page 6 of 10 finished while Council was deciding the motion. The motion carried 4-3 with Mayor Pro Tern Tunnell and Councilmembers Garcia, Keenan, and York voting in favor of the motion and Councilmembers Sturges, Stover and Wheeler voting against the motion. Mr. Harrell stated this presentation was to discuss the possible criminal investigation of an elected City official and the ramifications of such an active possible criminal investigation of that official and to call for an investigation if there is possible criminal activity of that elected official. Mr. Harrell stated his presentation should take approximately ten minutes. Mayor Pro Tern Tunnell stated she would like to reinforce the rules regarding no personal attacks against any staff' member, any Councilmember, or other people. Mr. Harrell began his presentation by reading a portion of the Public Information Act and made a presentation regarding speaking at a Council meeting; requests for Public Information which had been filed with the City and citizens being told whether they were under investigation by the Police Department. Council stated that investigations were a police matter and should be handled by the police and they support the Coppell Police Department policies. 18. Receive citizen input and consider approval of awarding Bid Q 0598-04 for the Renovation of Fire Station #2 into a Center for the Arts to Keck and Company Contractors in the base bid amount of $209,090.00. City Manager Jim Witt made a presentation to the Council and reviewed the history of this project. Mayor Sheehan advised that seventeen speakers had signed up to speak and proceeded to hear citizen comments stating that each speaker would be allowed two minutes. Arthur Kwast, 123 Sandy Oak Lane, stated he had contacted the Mayor and asked about _time limits on the speakers and was informed that it would be run the same as a public hearing. Councilmember Sturges moved to alow the time allotted for the pro and con presentations on this issue be equally divided into fifteen minutes per side to be allocated omong the pro and con speakers as they see fit for the total not to exceed fifteen minutes for either side unless they yield the remainder of their time to the Chair. Motion died for lack of second. Mayor Sheehan advised that each speaker would receive five minutes. Mr. Kwast expressed his opposition of the project; Anita Reese, 731 Parkway, spoke in favor of the project; Wheelice Wilson, 124 Samuel, spoke in favor of the project; Terry Danby, 345 Spring Oak Lane, spoke in favor of this project; Francine Simpson, 14827 Preston Road #205, Dallas, spoke in favor of the project; Sue McDonnell, 329 Meadowcreek Road, spoke in favor of the project; Martha Jo Cozby, 412 S. Coppell Road; spoke in support of the project; Michael Suddreth, 155 Heather Glen spoke in favor of the project; Caroline O'Connor, 339 Tanglewood spoke in favor of the project; Richard Buswold, 7609 Richland Road, Richland Hills spoke in favor of this project; Joe Shirley, 582 Villawood Lane, spoke against the project; Mary Ann Higgins, 306 Lodge Road, spoke in favor of this project; and Jerry Baker, 215 Salem CM072595 Page 7 of 10 Court spoke against this project. Counc ilmember Keenan moved to approve awarding Bid Q 0598-04 for the Renovation of Fire Station #2 into a Center for the Arts to Keck and Company Contractors in the base bid amount of $209,090.00. Mayor Pro Tem Tunnell seconded the motion. Councilmember Stover stated that Council should not look at cost only, but should also recognize intangible benefits. Councilmember Stover inquired as to the ongoing tangible support for the facility. City Manager Jim Witt stated insurance is $998 per year and utilities of approximately $600 to $700 per month. Couneilmember Stover asked about the arts organizations ability to obtain liability insurance. City Manager Jim Witt stated they could carry liability insurance. Mayor Pro Tem Tunnell stated the community should offer our children a lot of different things. Councilmember Garcia stated he was very pro sports but he supports the arts and felt that the arts center would be a good addition to the City. Councilmember Sturges stated he felt this was a legitimate investment for this community to make and he would support the motion. Councilmember York indicated his support for the center. Mayor Pro Tern Tunnell thanked Martha Jo Cozby for reminding her what the arts give to us. Councilmember Wheeler indicated his support for this project. Mayor Sheehan called for the vote. The motion carried 7-0 with Mayor Pro Tern Tunnell and Councilmembers Garcia, Sturges, Keenan, Stover, Wheeler and York voting in favor of the motion. 19. Consider approval of the Coppell Center for the Arts, Site Plan, to allow the conversion of the existing Fire Station #2 into a community arts center located at 157 S. Moore Road. City Manager Jim Witt made a presentation to the Council. Mayor Pro Tern Tunnell expressed her desire to see more brick. Robert Batson, Architect, stated that nothing could be cut from the project in order to add more brick. Couneilmember Weaver encouraged the Arts Council to see if brick and masonry could be donated. Couneilmember Stover asked if the acoustics were being compromised by having siding instead of brick. Mr. Batson stated that was not the case. Councilmember York moved to approve the Coppell Center for the Arts, Site Plan, to allow the conversion of the existing Fire Station #2 into a community arts center located at 157 g. Moore Road. (Councilmember Garcla seconded the motion; the motion carried 7-0 with Mayor Pro Tern Tunnell and Councilmembers Garcia, Sturges, Keenan, Stover, wheeler and York voting in favor of the motion. 20. Consider approval of awarding Bid Q-0598-06 for the Center for the Arts stage equipment to Norcostco, Inc. in the amount of $37,988.00. CM072898 Page 8 ofl0 City Manager Jim Witt introduced Sheri Moino. Sheri Moino, Faclities Manager, made a presentation to the Council stating that the lighting and equipment was bid separately so the contractor would not put such a high overhead cost on it. Robert Batson, Architect, made a presentation to the Council. Mayor Pro Tem Tunnell asked about adding fees on the children's workshops to support this item. City Manager Jim Witt stated that the $1 fee would cover any registration. Pete Wilson with the Coppell Community Theatre addressed the issue of money to be collected for the fund and stated his understanding that the fund was to be used for the maintenance of the building. City Manager Jim Witt stated his understanding was that the $1 would be going toward the operation maintenance and additional funds beyond that dollar would be going to the equipment. Councilmember York asked if the repayment only included workshops and not ticket sales. Mr. Witt stated that was correct. Couneilmember York inquired as to how many workshops were held each year. Mr. Wilson stated the theater currently holds two workshops a year but with the facility they would have a place to hold a greater number. City Attorney Peter G. Smith stated a user fee schedule could be developed. Mr. Witt made a recommendation to the Council that between pledges and user fees this amount could be paid out sooner than 72 years. Councilmember Sturges stated he felt the Council should execute the bid and separate the question of repayment. Couneilmember Sturges moved to execute the contract for Bid Q-0598-06 for the Center for the Arts stage equipment to Norcostco, Inc. in the smount of $37,988.00. Mayor Pro Tem Tunnell seconded the motion. Mayor Pro Tem Tunnell stated for the record that she did not care whether the City got paid back for the lights because the City had put up a lot of lights for sports and the theater would not be functional if it did not have lights, but she would like to see a user fee schedule set up. Councilmember Garcia asked if the Arts Council was going to continue to try to raise funds. Mr. Wilson stated they would continue to try and raise funds. Councilmember Keenan stated he agreed with Mayor Pro Tern Tunnell and he was in favor of awarding the bid and going on from there. Couneilmember Sturges reaffirmed his motion and specifically pointed out that it did not include any reference to the staff comments. Councilmember Wheeler stated he was in support of this item based upon the staff comments that it would be repaid and, based upon the way the motion was made, he could not support it at the present time. Coun~ilmember Keenan reminded everyone that these items were separated from the renovation bid to reduce the costs of these items and they would have been approved if they had been combined with the previous bid. Mayor Pro Tern Tunnell called the question. Mayor Sheehan called for the vote on csllln g the question; the vote on calling the question failed 3-4 with Mayor Pro Tem Tunnell and Councilmembers Sturges and Keenan voting for calling the question and Councilmembers Garcia, Stover, Wheeler and York voting against calling the question. Councilmember Stover stated he was uncomfortable because of the staff comments and indicated he would like to table this item and discuss it later. Couneilmember Sturges stated he was in favor of separating the staff comments from awarding the bid. Mayor Pro Tern Tunnell reiterated the fact that the stage CM072595 Page 9 of 10 was no good without lights. Counc. ilmember Wheeler indicated his wish to have this item tabled so that the City Manager and the Arts Council could get a clear understanding on the repayment issue. Counci]member York stated he was in favor of this facility but he wanted a clear understanding of the issues. Mr. Wilson stated the members of the Arts Council were definitely committed to giving back a portion of every dollar that comes in to one of the arts organizations as a result of the Arts Center and have committed to about 10% of that going back into a fund that is City controlled. Councilmember Sturges stated the motion was to award the bid with no conditions for payback. Mayor Sheehan agreed with Couneilmember Sturges and Mayor Pro Tern Tunnell in that sometimes the Council gets bogged into details that do not concern the motion itself. Mayor Sheehan called for a vote on the motion to execute the bid; the motion carried 5-2 with Mayor Pro Tem Tunnell and Councl]members Garcia, Sturges, Keenan, and Stover voting in favor of the motion and Councilmembers Wheeler and York voting against the motion. 21. City Manager's Report. A. Update City Water System. A. Ken Griffin, Director of Engineering and Public Works, gave an overview of the water situation. 22. Mayor's Report. Mayor Sheehan asked Mr. Witt to elaborate on the plan for the road to the high school. City Manager Jim Witt stated that police personnel would be stationed at Parkway Boulevard and Cowboy Drive during the first semester of school. The projected date to open the secondary access, which would be on the south side of Sonic, would be January. B. Mayor Sheehan stated she and City Manager Jim Witt and Councilmember York attended a meeting of the Christian Community Action. There being no further business to come before the City Council, the meeting was adjourned. Candy Sheehan, Mayor ATTEST: Kathleen Roach, City Secretary CM072591~ Page 10 of 10