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CM 1999-01-26 MINUTES OF JANUARY 26, 1999 The City Council of the City of Coppell met in Regular Called Session on Tuesday, January 26, ]*999, at 6:00 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppeil, Texas. The following members were present: Candy Sheehan, Mayor Marsha Tunnell, Mayor Pro Tern Greg Garcia, Councilmember Jayne Peters, Councilmember Pat Keenan, Councilmember Doug Stover, Councilmember 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. Sowell, et al vs. City of Coppell, et al. 2. Mavex Coppell Crossing vs. The City of Coppell, Texas. 3. M.A. Scott vs. City of Coppeil. 4. Andrus vs. City of Coppell, et al. B. Sections 551.071 and 551.07Z, Texas Government Code - Consultation with City Attorney and Deliberation regarding real property. 1. DFW Land Development Agreement. 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 7:].5 p.m. and opened the Work Session. CM012699 Page 1 of 9 WORK SESSION (Open to the Public) 3. Convene Work Session A. Review Fiscal Year '98 Audit. B. Discuss Roberts Rules of Order by City Secretary and City Attorney. C. Update of Citizen Agenda Request Process by Councilmember Pat Keenan. D. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Invocation. Dennis Slayton, Parks Operations Superintendent, led those present in the Invocation. 5. Pledge of Allegiance. Mayor Sheehan led those present in the Pledge of Allegiance. 6. Presentation of awards to Donut Palace, Taco Bell, Cottonwood Creek Elementary School, Mockingbird Elementary School, and Pinkerton Elementary School, in recognition of the high level of food handling and sanitation practices for the period, 'January 1, 1998 through December 31, 1998. Mayor Sheehan presented awards to the representatives of the Donut Palace, Taco Bell, Cottonwood Creek Elementary School, Mockingbird Elementary School and Pinkerton Elementary School in recognition of their high level of food handling and sanitation practices for the period of January 1, 1998 through December 31, 1998. 7. PROCLAMATION: Consider a Proclamation honoring Carrollton/Farmers Branch and Lewisville School Boards, naming January as School Board Recognition Month, and authorizing the Mayor to sign. Mayor Sheehan read the Proclamation for the record and presented the same to Charles Cole from Carrollton/Farmers Branch School Board and Mike McDaniel from the Lewisville School Board. Councilmember York moved to approve a Proclamation honoring Carrollton/Farrners Branch and Lewisville School CM012699 Page 2 of 9 Boards, naming January as School Board Recognition Month, and authorizing the Mayor to sign. Councilmember Stover seconded the motion; the motion carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Garcia, Peters, Keenan, Stover, Wheeler and York voting in favor of the motion. 8. Presentation to Gold Star recipients. Mayor Sheehan presented gold stars to the city employees who were present. 9. Quarterly presentation to Council by the Economic Development Partnership. This item was postponed until a future meeting. 10. Presentation by Chaucer Estates' Homeowners regarding YMCA building. Brian and Joyce Skelton, 153 Dickens Drive, made a presentation to the Council on behalf of the Chaucer Estates' Homeowners regarding the construction of the YMCA. Scott Henderson, 157 Dickens, Janet Navoy, 137 Dickens Drive, and Larry Mendez, 139 Tennyson Place also addressed the Council concerning the YMCA building. City Attorney Peter G. Smith responded concerning the safety issues, site plan, conflict of interest and indicated there was no mechanism to go back and change the terms of the approval of the site plan. Mayor Pro Tern Tunnell responded regarding the allegation that this item was pushed through Council by a specific Councilmember stating items are not pushed through the Council. Councilmember Wheeler concurred with the City Attorney in that the decision has been made and expressed his feeling that Councilmember Sturges was an ethical and moral person and had never contacted him to vote a particular way on a particular issue. Councilmember Stover asked for clarification as to why the City could not grant $25,000 to the YMCA toward building a fence. City Attorney Peter G. Smith stated that could not be done. Councilmember York advised that he was willing to work with the residents of Chaucer Estates to ensure the safety of the children was being taken care of. Councilmember Peters addressed the effectiveness of the planned landscape buffer and stated she believed it would do the job perhaps better than a wall would do. Councilmember Keenan asked about the trail to be put behind the YMCA property and asked if the residents of Chaucer Estates had attended the meeting of March of 1998 when the site plan was approved. Councilmember Keenan indicated he, too, would be willing to work with the residents and the YMCA to try to resolve the matter. Councilmember Garcia indicated he was sympathetic to the cause but the Council's hands were tied. Mayor Sheehan indicated she was also offended by the personal attacks on Councilmember Sturges, discussed the many issues of the residents of Chaucer Estates and the commitment of the YMCA. CM012699 Page 3 of 9 A short recess was held at this time. Mayor Sheehan discussed the process of preparation of the gold Agenda Request Forms at this time to clarify the Staff Recommendation section. 11. Presentation by citizen Ed Caldwell. Mayor Sheehan asked Mr. Caldwell to state the business of the agenda item; the action Council is being requested to take and limited the presentation to ten minutes. Ed Caldwell made a presentation regarding his belief the City officials were not pursuing an end to a pending Dallas County felony case. 12. Citizen's Appearances. A. Arthur Kwast, 123 Sandy Oak, addressed the Council regarding citizen requests for agenda items, the request for funding by the symphonic groups, thanked Councilmembers for returning his telephone calls and commented on the new television camera. CONSENT AGENDA 13. Consider approval of the following consent agenda items: A. Consider approval of minutes: January 12, 1999. B. Consider approval of a Resolution urging the Texas Legislature to increase appropriations for road and bridge maintenance and expansion, and authorizing the Mayor to sign. C. Consider approval of an ordinance of the City of Coppell, Texas, amending the Code of Ordinances by amending Chapter 9, Section 9-3-1A prohibiting the discharge of BB guns and other devices in the corporate limits of the City and authorizing the Mayor to sign. Item C was pulled for separate consideration. Item A and B -- Councilmember Stover moved to approve Consent Agenda Items A and B carrying Resolution No. 012699.1. Councilmember York seconded the motion; the motion CM012699 Page 4 of 9 carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Garcia, Peters, Keenan, Stover, Wheeler and York voting in favor of the motion. Item C -. Councilmember Stover moved to postpone Consent Agenda Item C to the Work Session of the March 23rd City Council Meeting. Councilmember York seconded the motion; the motion carried 6-1 with Councilmembers Garcia, Peters, Keenan, Stover, Wheeler and York voting in favor of the motion and Mayor Pro Tern Tunnell voting against the motion. 14. PUBLIC HEARING: To receive citizen comments regarding the list of projects to be funded using the 1/2 cent sales tax proceeds and $10,000,000.00 Sales Tax Revenue Bond proceeds: 1) An all season aquatic facility; 2) a community multi-purpose recreational facility; 3) Phase I of the Hike and Bike Trail ; and 4) any other purposes permitted by law. Mayor Sheehan opened the Public Hearing and advised that no one had signed up to speak. City Manager Jim Witt made a presentation to the Council advising these items were on the ballot for the half-cent sales tax election. Mayor Sheehan closed the Public Hearing. 15. Consider approval of a Resolution approving the Resolution by the Coppell Recreation Development Corporation authorizing the Sales Tax Revenue Bonds, Series 1999, approval of Sales Tax Remittance Agreement, and other matters relating thereto, and authorizing the Mayor to sign. Boyd London, representing First Southwest Company, made a presentation to the Council regarding the bond ratings. Mayor Pro Tern Tunnell moved to approve: 1) Resolution No. 012699.2 approving the Resolution by the Coppell Recreation Development Corporation authorizing the Sales Tax Revenue Bonds, Series 1999, approval of Sales Tax Remittance Agreement, and other matters relating thereto, and authorizing the Mayor to sign; 2) Ordinance No. 98869 99859 authorizing the issuance of City of Coppell, Texas Combination Tax and Revenue Certificates of Obligation, Series 1999, in the principal amount of $3,300,000.00, and ordaining other matters relating to the subject, and authorizing the Mayor to sign; and 3) Ordinance No. 98860 99860 authorizing the issuance of City of Coppell, Texas Combination Tax and Revenue Certificates of Obligation, Series 1999, in the principal amount of $3,300,000.00, and ordaining other matters relating to the subject, and authorizing the Mayor to sign. Councilmember York seconded ~0126~ Page 5 of 9 the motion; the motion carried 7-0 with Mayor Pro Tern Tunnell and Councilmembers Garcia, Peters, Keenan, Stover, Wheeler and York voting in favor of the motion. 16. Consider approval of an Ordinance authorizing the issuance of City of Coppell, Texas Combination Tax and Revenue Certificates of Obligation, Series 1999, in the principal amount of $3,300,000.00, and ordaining other matters relating to the subject, and authorizing the Mayor to sign. This item was considered under Item 15. See Item 15 for minutes. 17. Consider approval of an Ordinance authorizing the issuance of City of Coppell, Texas Waterworks and Sewer System Revenue Bonds, Series 1999, in the principal amount of $2,000,000.00, and ordaining other matters relating to the subject, and authorizing the Mayor to sign. This item was considered under Item 15. See Item 15 for minutes. 18. Consider acceptance of the Comprehensive Annual Financial Report for the fiscal year ended September 30, 1998 Jerry Gaither, representing Weaver & Tidwell, made a presentation to the Council. Councilmember York moved to accept the Comprehensive Annual Financial Report for the fiscal year ended September 30, 1998. Councilmember Garcia seconded the motion; the motion carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Garcia, Peters, Keenan, Stover, Wheeler and York voting in favor of the motion. Councilmember Peters recognized Jennifer Armstrong, Director of Finance, and her department for all their work and efforts. 19. Consider approval of a Resolution approving an amendment to the terms and conditions of Fiscal Year 1998 CDBG funding request by and between the City of Coppell and Dallas County by adding requested funding for a shade shelter for the Senior Citizen's Center and additional funds for ADA accessible sidewalks for Andrew Brown Park West, and authorizing the Mayor to sign. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Councilmember Peters inquired as to the time frame for the shade shelter for the Senior Center. Gary Sims, Director of Leisure Services, stated that project would be picked up as soon as the parking lot has been designed. Mayor _ CM012699 Page 6 of 9 Pro Tem Tunnell moved to approve Resolution No. 012699.3 approving an amendment to the terms and conditions of Fiscal Year 1998 CDBG funding request by and between the City of Coppell and Dallas County by adding requested funding for a shade shelter for the Senior Citizen's Center and additional funds for ADA accessible sidewalks for Andrew Brown Park West, and authorizing the Mayor to sign. Councilmember York seconded the motion; the motion carried 7-0 with Mayor Pro Tern Tunnell and Councilmembers Garcia, Peters, Keenan, Stover, Wheeler and York voting in favor of the motion. 20. Consider approval of Change Order #1 for the relocation of an existing water line on the Wrangler Drive Reconstruction Project fiST 96-01 in the amount of $46,794.00 to Tiseo Paving Company, Inc.; and authorizing the Mayor to sign. Mike Martin, Assistant City Engineer, answered questions regarding the change order. Mayor Pro Tern Tunnell moved to approve Change Order #1 for the relocation of an existing water line on the Wrangler Drive Reconstruction Project #ST 96.01 in the amount of $46,794.00 to Tiseo Paving Company, Inc.; and authorizing the Mayor to sign. Councilmember York seconded the motion; the motion carried 7.0 with Mayor Pro Tern Tunnell and Councilmembers Garcia, Peters, Keenan, Stover, Wheeler and York voting in favor of the motion. 21. Consider funding donations to Camerata Chamber Winds of Coppell and Metropolitan Winds. Larry Mendez made a presentation to the Council. Mayor Sheehan advised the policy of the City was to allocate donations during the budget process and she would like to continue that policy as she felt Council would be uncomfortable approving this request as an unbudgeted item. Councilmember Stover indicated he would like to see greater detail for the uses of the funds requested. Councilmember York moved to deny the funding of donations to Camerata Chamber Winds of Coppell and Metropolitan Winds. Councilmember Garcia seconded the motion; the motion carried 7.0 with Mayor Pro Tern Tunnell and Councilmembers Garcia, Peters, Keenan, Stover, Wheeler and York voting in favor of the motion. Councilmember York advised that the amounts for these types of donations will diminish year by year and eventually not be considered by the Council. 22. Necessary action resulting from Executive Session. Mayor Pro Tem Tunnell moved to approve a settlement agreement in Andrus vs. ..... City of Coppell, et al. with a payment of Six Thousand ($6,000) Dollars by the CM012699 Page 7 of 9 City and authorize the Mayor to execute the agreement after it is prepared by the attorneys for the City. Councilmember York seconded the motion; the motion carried 7-0 with Mayor Pro Tern Tunnell and Councilmembers Garcia, Peters, Keenan, Stover, Wheeler and York voting in favor of the motion. 23. City Manager's Report. A. Highway 190/160 Connector Routing. A. Deputy City Manager Clay Phillips made a presentation to the Council regarding alternate routes for the Highway 190/160 Connector. City Manager Jim Witt advised there would be hearings held within the next few weeks and expressed his opposition to the two routes which would go through Coppell and indicated support for the Carrollton route. Councilmember Keenan inquired whether the proposed roadway would be elevated or would it go through the golf course. 24. Mayor's Report. A. Mayor Sheehan advised she had received a letter from the Parks and Wildlife Commission approving the City's application for local park grant assistance. B. Mayor Sheehan announced the next meeting for the Substance Abuse ..... Forum would be held February Ist at the Justice Center. C. Mayor Sheehan stated a community forum was planned for 7:00 p.m. February 16th at Coppell Middle School West with the speaker being the DEA Agent who attended the last forum. D. Mayor Sheehan thanked Steve Goram, Director of Information and Customer Services, and the Library Staff for their work on substance abuse and informing the public and advised they would have a speaker at 7:15 p.m. on January 28th to speak on substance abuse. E. Mayor Sheehan stated the community was stepping up to the plate to help the members of the 121 Trailer Park and a donation had been made by the Women's Club. F. Mayor Sheehan advised Leadership Coppell was in full swing and thanked Sharon Logan, Community Relations Information Officer, City Manager Jim Witt and all of City Staff for their work on the project. G. Mayor Sheehan gave an update on the Assistance League of Coppell which will be looking for community service projects and fundraisers. CM012699 Page 8 of 9 __ H. Mayor Sheehan thanked Ken Griffin, Director of Engineering and Public Works, for the Sandy Lake Road Update. I. Mayor Pro Tern Tunnell advised they would be providing newsletters on the progress of the CRDC projects and stated bids came back within budget and groundbreaking is tentatively scheduled for 11:00 a.m. on February 27th with a May 2000 splash day. J. Councilmember Stover announced the School Board had set a bond election date for March 13th. The bonds would be for additions to the High School, Middle School West, Elementary School expansions and Service Center and Administration Building improvements. K. Councilmember Garcia congratulated Gary Sims, Director of Leisure Services, and Brad Reid, Park Planning and Landscape Manager, on the receipt of the grant. L. Councilmember Garcia commented on the Evening of Elegance hosted by the Coppell Chamber of Commerce and thanked everyone for attending. M. Councilmember Keenan indicated it was brought to his attention that Troy Glidewell started out as a volunteer fireman and went on to become one of the first paid firemen of Coppell and was one of the historic people that made the City what it is today. N. City Secretary Kathleen Roach announced that she and the Deputy City Secretary would be travelling to Austin on January 27th to attend the Election Law Seminar. Ms. Roach advised the candidate packets would be available for pickup on February 8th and the first day of filing for a place on the May Ist ballot would be Monday, February 15TM and filing would continue through Wednesday, March 17th. There being no further business to come before the City Council, the meeting was adjourned. Candy Sheehan, Mayor ATTEST: Kathleen Roach, City Secretary CM012699 Page 9 of 9