CM 1991-01-22 MINUTES OF JANUARY 22, 1991
The City Council of the City of Coppell met in regular called session on Tuesday, January 22,
1991 at 6:15 p.m. for Work Session and at 6:55 p.m. for Regular Session in the City Council
Chambers of the Town Center, 255 Parkway Boulevard, Coppell, Texas. The following
members were present:
Mark Wolfe, Mayor
Bill Smothermon, Mayor Pro Tern
Peyton Weaver, Councilman
David Thomas, Councilman
Tom Morton, Councilman
Jim Cowman, Councilman
Ron Robertson, Councilman
John Nelson, Councilman
Also present were City Manager Alan D. Ratliff, City Secretary Dorothy Timmons and City
Attorney Lawrence W. Jackson.
WORK SESSION (Open to the Public)
The City Council of the City of Coppell met in a work session for the purpose of discussing the
following items: 1) Zoning Ordinance presented by Gary Sieb 2) Solid Waste Management -
Peyton Weaver presented the rate proposals of Texas Waste Management 3) Mayor Wolfe
presented for discussion the Town Meeting for Civil Service discussion on January 25, 1991.
4) Mike Cooper and Rick Weiland presented the cost for improvements for park facilities and
questions on the grant application. 5) Council discussed the aerial spraying for insects and
spoke of the need to notify the citizens of Coppell prior to the spraying. 6) Council was
informed that there is a packet for them at their Council stations regarding the Chaddick request.
7) Council had no questions regarding the items on the Consent Agenda.
REGULAR SESSION (Open to the Public)
Item 1 Call to Order
Mayor Wolfe called the meeting to order;
Item 2 Invocation
Mayor Wolfe led those present in the invocation.
Item 3 Pledge of Allegiance
Mayor Wolfe led those present in the Pledge of Allegiance.
Item 4 Consider approval of minutes - January 3, 1991
January 8, 1991
Councilman Morton moved to approve the minutes of January 3, 1991 and January 8, 1991.
Mayor Pro Tern Smothermon seconded the motion. The motion carried 7-0 with Mayor Pro
Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson
voting in favor of the motion.
60001.5
Item 5 Citizen's appearances
There were no citizens who wished to speak at this meeting.
Item 6 Presentation of a recommendation from the Economic and Business Development
Board that the City pursue an amendment to the current State law on sales tax
which would allow the City of Coppell to present to the voters an option to
impose a one-half percent sales tax which could be used for economic
development purposes.
Chairman of the Economic Development Board Richard Johnson made the presentation to
Council. He came seeking the approval of Council to pursue an amendment to the current State
sales tax law. The amendment would be for the puq~ose of allowing Coppell citizens to vote
on whether a one-half percent sales tax should be levied for economic development purposes.
The current State sales tax law prevents a vote on this issue. Based on current sales tax
revenue, Staff projects that $250,000 would be generated in the first year. Funds generated
from this source would be used to hire an economic development director and for additional staff
to head up economic development activities for this community. To judge what is achievable
through use of the sales tax, the following goals have been adopted and met by a pioneer of the
economic and development sales tax. These goals include: 1) Making the City competitive in
the attraction of business and industry in order to create new jobs. 2) Provide financial
assistance to existing and emerging businesses through a development fmance plan. 3)
Strengthen and revise the community as a whole. 4) Diversify the local economy. The process
for being able to consider the option of taking the issue to voters is as follows: 1) With
approval of the amendment by the Legislature, the City would create an Industrial Development
Corporation before calling an election. This Corporation would be charged with collecting and
overseeing the use of the sales tax and generating economic development activities. 2) An
election would then be called proposing a one-half percent sales tax. Councilman Morton has
already spoken with Representative Marchant, who has stated that he feels it could be put
through under what is called the "Local Calendar" (similar to Council's Consent Agenda).
Concern was voiced that the economic development be done by the Corporation rather than
Staff. Councilman Morton moved that the City Council of the City of Coppell sign and develop
a letter, signed by all of the Council members, stating their affirmative support for the Economic
and Business Development Board to pursue an amendment to the current State law on sales tax
which would allow the City of Coppell to present to the voters an option to impose a one-half
percent sales tax which could be used for economic development purposes. Mayor Pro Tern
Smothermon seconded the motion. The motion carried 7-0 with Mayor Pro Tern Smothermon
and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of
the motion.
Item 7 Consideration of a request by George Chaddick to allow a variance from section
D. j. of appendix A (page 21) of the Subdivision Ordinance and to discuss a
metal roof variance granted by the City Council on November 22, 1988.
Building Official Dale Jackson made the presentation. He clarified the point that the request
received from Mr. Chaddick contained five items, three of which do not apply in this situation,
as they have already been resolved. The only two items which do need some type of resolution
are the gravel parking lot, which Mr. Chaddick wishes to extend for the purpose of adding more
parking space. He wishes it to be gravel, rather than concrete as required in the subdivision
Ordinance for that area. The second item deals with the metal roof variance which was created
at the November 22, 1988 Council meeting. Mr. George Chaddick was present to discuss his
requests with Council. He felt that, in order to preserve the historic value of the building, the
roof should not be painted. Along the same vein, he desires to keep the gravel in the parking
lot rather than concrete. There is research under way for special zoning in the Historic District.
Lindy Thomas, President of the Coppell Historic District Committee, of 513 Parkview was
present to answer questions of the Council. She stated that an Ordinance is being worked on
which could be put into place for builders prior to making changes in the historic district. She
further stated that the Historic Committee supports the gravel parking lot which Mr. Chaddick
is requesting. Councilman Nelson moved that enforcement of the roof being painted be
delayed, with further enforcement depending on the zoning recommendations of the Historic
Committee. Councilman Robertson seconded the motion. The motion carried 5-2, with
Councilmen Weaver, Thomas, Cowman, Robertson and Nelson voting in favor of the motion
and Mayor Pro Tern Smothermon and Councilman Morton voting against the motion.
Councilman Morton moved for delay of enforcement of the concrete portion of the subdivision
ordinance requiting a paved parking for the period of time 'Me .~r:t '~n~t Rejoice Lutheran
Church occupies the property located at 509 W. Bethel, with the new expansion to be gravel.
Councilman Thomas seconded the motion. The motion carried 6-1 with Mayor Pro Tern
Smothermon and Councilmen Weaver, Thomas, Morton, Robertson and Nelson voting in favor
of the motion and Councilman Cowman voting against the motion.
Item 8 Consider approval of a resolution opposing Texas State Civil Service for fire
fighters and police officers in the City of Coppell, authorizing the Mayor to sign
and setting a date for a Town Meeting to discuss issues relating to the proposed
Texas State Civil Service referendum - as requested by Mayor Wolfe.
Mayor Pro Tem Smotbermon moved to approve Resolution 012291.1 opposing Texas State Civil
Service for fire fighters and police officers in the City of Coppell and designating February 25,
1991 at 7:30 p.m. at the High School auditorium as the date for a Town Meeting to discuss
issues relating to the proposed Texas State Civil Service referendum. Councilman Thomas
seconded the motion. The motion carried 7-0 with Mayor Pro Tern Smothermon and
Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the
motion.
Item 9 Further discussion and consideration of approving revisions to the Comprehensive
General Zoning Ordinance of the City of Coppell.
Planning and Community Services Director Gary Sieb made the presentation to the Council.
The Planning and Zoning Commission recommends that the Zoning Ordinance be passed. It was
recommended that the following changes be considered as part of the final approval of this
ordinance. 1) Section 18 have the word "net" taken out of the phrase which reads,
"...maximum development of 16 dwelling units per net acre" 2) In similar fashion, in Section
19, "...22 dwelling units p,*r acre" 3) Section 25 - it is recommended that it be left as it is in
the current zoning ordinance at the present time. 4) Section 30 - the new Restaurant Section,
approved on January 8, 1991, be part of this ordinance. 5) Section 36-4 - it is proposed that
the sentence which reads "...provided however, no commercial advertisement or signage is
permitted unless utilized as a residential use" be struck. 6) Section 42, definition 37 A - that
the word "usually" be taken out, so that the definition reads identically to the revision which was
made in the restaurant ordinance on January 8, 1991. Councilman Morton requested consensus
of Council that not more than 30% of combined Tracts 3, 4, 5, 6, 9 and 10 of the existing Town
Center be utilized for residential purposes. Councilman Weaver moved to approve the
comprehensive general Zoning Ordinance of the City of Coppell, with the six (6) revision as
noted above. Mayor Pro Tern Smothermon seconded the motion. The motion carded 7-0 with
Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson
and Nelson voting in favor of the motion.
Item 10 Discussion of Texas Waste Management rate increase for calendar year 1991.
Councilman Weaver requested consensus of Council that if an answer were not forthcoming
from Texas Waste Management regarding the rates, that he be permitted to work with the City
Attorney on getting a definition of the current agreement in relation to the options of the City
for opening the bid up to other companies. The consensus of Council was to grant this request.
No further action was required on this item.
Item 11 Status report on Kaye Street drainage project.
City Manager Alan D. Ratliff made the presentation to Council. He stated that attempts to reach
the residents involved in the Kaye Street drainage project have been partially successful. A
66 017
A survey will be started and following completion of this, further meetings are anticipated to
attain the easements necessary to solve the drainage problem. No further action was required
on this item.
Item 12 Consideration and approval of a resolution requesting consideration by the State
Department of Highways and Public Transportation to authorize construction and
dedicate funds for an interchange on Farm-to-Market Highway 2499, and
providing an effective date.
Mayor Wolfe stated that this is something which will go before the State on January 29, 1991.
Grapevine and Flower Mound have approved this and requested that the City approve it also,
even though it is not in the city limits of Coppell. Mayor Pro Tern Smothermon moved to
approve Resolution 012291.2 requesting consideration by the State Department of Highways and
Public Transportation to authorize construction and dedicate funds for an interchange on Farm-
to-Market Highway 2499. Councilman Morton seconded the motion. The motion carded 7-0
with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman,
Robertson and Nelson voting in favor of the motion.
Item 13 Consideration of a variance on Section 10-5-3 B of Sign Ordinance which
concerns the maximum size of attached signs. The variance is requested by
Minyards for property located at 120 S. Denton Tap.
Building Official Dale Jackson made the presentation to Council. Councilman Nelson moved
to approve a variance on Section 10-5-3 of the Sign Ordinance which concerns the maximum
size of attached signs for the Minyards property located at 120 S. Denton Tap. Councilman
Robertson seconded the motion. The motion carried 6-1 with Mayor Pro Tern Smothermon and
Councilmen Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion
and Councilman Weaver voting against the motion.
Item 14 PUBLIC HEARING: Consideration and approval of Phase I Development of the
Coppell Community Park as recommended by the Park Board.
Chairman of the Park Board Mike Cooper of 201 River Road made the presentation to Council.
Mayor Wolfe declared the Public Hearing open and asked if there were any persons who wished
to speak regarding this proposal. There were no citizens who wished to speak at this time.
Mayor Wolfe declared the Public Hearing closed.
Following discussion of this item, Councilman Morton moved to approve Phase I Development
of the Coppell Community Park as recommended by the Park Board. Mayor Pro Tern
Smothermon seconded the motion. The motion carried 7-0 with Mayor Pro Tern Smothermon
and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of
the motion.
Item 15 Consideration and approval of a resolution designating certain officials as being
responsible for dealing with the Texas Parks and Wildlife Department for the
purpose of certifying that the City of Coppell is eligible to receive assistance
under such program.
Following discussion of this item, Councilman Morton moved to approve Resolution 012291.3
designating the City Manager and the Finance Director as the persons who will be responsible
for dealing with the Texas Parks and Wildlife Department for the purpose of certifying that the
City of Coppell is eligible to receive assistance under such a program. Councilman Robertson
seconded the motion. The motion carried 7-0 with Mayor Pro Tern Smothermon and
Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the
motion.
Item 16 Status report on Waiving of Fees Policy for the City of Coppell.
Mayor Pro Tern Smothermon made the presentation to Counc'fl. The Finance Committee
recommended that the existing policy of the City Counc'fl regarding waiving of fees not be
changed and no policy of waiving fees be instituted. There were some citizens who wished to
speak regarding this issue. John Smith of 243 Moore Road stated that he feels the cost of the
fees is excessive, stating that a church structure has a relatively small consumption. There was
discussion by the Council regarding the pros and cons of waiving fees. No further action was
required on this item.
Item 17 Discussion and consideration of setting additional places for the Mayor and
Council at the Staff Retreat.
Consensus of Council had been that a one day local retreat would be best, to be held Saturday,
March 16, 1991. No further action was required on this item.
Item 18 Discussion and consideration of transferring $3,000.00 from Contingency Fund
to Special Projects in Mayor & Council budget.
Following discussion of this item, Councilman Morton moved to approve transferring $3,000
from the Contingency Fund to Special Projects in Mayor & Council budget. Councilman
Thomas seconded the motion. The motion carried 7-0 with Mayor Pro Tem Smothermon and
Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the
motion.
Item 19A Consideration of setting a date for a City Council workshop addressing the city-
wide drainage study as recommended by the Council appointed subcommittee.
Councilman Nelson moved to set the date of January 29, 1991 at 7:30 p.m. for a City Council
workshop addressing the city-wide drainage study. Councilman Robertson seconded the motion.
The motion carried %0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas,
Morton, Cowman, Robertson and Nelson voting in favor of the motion.
Item 19B Consideration of setting a date for a joint City/CISD meeting.
The location of this meeting will be determined at a later date, with the City of Coppell as the
host of the meeting. The Park Board requested that they be included in this meeting and it was
determined that this could be worked out. Councilman Robertson moved to set the date of
February 4, 1991 at 7:30 p.m. for the joint City/CISD meeting. Councilman Nelson seconded
the motion. The motion carried %0 with Mayor Pro Tem Smothermon and Councilmen
Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion.
Item 20 Mayor's report.
A) Mayor Wolfe stated that the Dallas Regional Mobility Coalition has formed two
committees, the Motorist's Assistance Committee and the High Occupancy VehicledTraffic
Demand Management (I-IOV/TDM) Committee. The Coalition has requested a representative
for each of these committees from the City. Mayor Wolfe asked if any of the Council members
could volunteer for these committees. Councilman Tom Morton will serve on the Motorist's
Assistance Committee and Councilman Ron Robertson will serve on the HOV/TDM Committee.
B) Mayor Wolfe reported on the letting of funds from regional transportation for the first
phase of the 161 freeway.
C) Councilman John Nelson reported that there has been a request from a church to locate
in the Georgetown Plaza. He requested help from Council in speeding the process of getting
the church into the facility by writing a letter of support. Consensus of Council was to support
this project in the way of a letter.
D) Mayor Wolfe reminded Council that the next Student in Government Day is February 26,
1991 for the eighth grade students.
E) Mayor Wolfe asked if there was a status report on the Emergency Operation Procedure
Manual which Chief Terry had been working on.
F) Councilman Thomas asked if there had been anything to come up with respect to the
D/FW Airport in regards to an EPA report he had seen mentioned in a newspaper article.
G) Councilman Thomas requested a status on the homeowners involved in the citations being
issued for failure to control weeds around their properties.
H) Councilman Thomas commented on the Texas Municipal League legislative briefing,
asking if there were council members who planned to attend. Councilman Morton is planning
to attend and stated he will bring hack information.
I) Councilman Thomas reviewed the information regarding the Civil Service workshop in
San Antonio on February 28 through March 1, asking if any of Council have plans to attend.
Mayor Wolfe commented that he plans to attend this.
J) Councilman Weaver stated that he has been attendance at the last two Chamber of
Commerce meetings held regarding their economic development task force. At both meetings,
the issue of simplifying the platting process has come up. It was pointed out that action had
been approved several Council meetings ago to revise the subdivision ordinance. He asked Staff
to look into this and give a status report to Council.
K) Councilman Morton reper~t that the railroad crossing at Freeport Parkway has not been
repaired.
L) Councilman Morton stated there was still culvert pipe which has not been removed at the
corner of Freeport Parkway and Bethel Road.
M) Councilman Morton reported that on the west side of Coppell Road, there was a drainage
ditch which has styrofoam cups and other things collecting in it.
N) Councilman Morton suggested that Staff might want to look into the fact that EPA is
contemplating a new regulation which would prohibit styrofoam from all government offices and
facilities.
O) Councilman Cowman asked Public Works Director Steve Goram if there has been any
word on the strip'mg of Beltline from Denton Tap to McArthur. Steve Goram stated that he had
been told this should be completed in the next five to six working days.
Item 21 City Council Liaison Reports
There were no reports from the regular City Council Liaison Reports.
Councilman Morton reported that a revision to the flood plain ordinance will be
forthcoming from the Trinity River Corridor.
CONSENT AGENDA
ITEM 22
A Consideration and approval to enter into a contract with Dallas County for the
purpose of protecting citizens from diseases transmitted by mosquitoes by means
of aerial spraying.
B Authorization of an ad-hoc committee to assist in evaluating potential noise from
the Airport.
Following discussion of these items, Councilman Morton moved to approve Consent Agenda
Items A and B. Mayor Pro Tern Smothermon seconded the motion. The motion carried 7-0
with Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Morton, Cowman,
Robertson and Nelson voting in favor of the motion.
EXECUTIVE SESSION (Closed to the Public)
Item 28-ES A. Article 6252-17, Section 2 (e) and Senate Concurrent Resolution
Number 83, discussion with City Attorney concerning matter
involving privileged communications between attorney and client.
1. Johnny Thompson annexation question
2. Minyard Agreement
3. Hattie Mae Lesley
Council convened in Executive Session at 8:49 p.m. on Tuesday, January 22, 1991 as allowed
under the above stated articles and adjourned into Open Session at 9:42 p.m.
REGULAR SESSION (Open to the Public)
There being no further business to come before Council, the meeting was adjourned.
/ lfe, Mayor
ATTEST:
Dorothy Ti~mt~s, City Secretary