CM 1991-02-12 MINHT~ OF FEBRUARY 12, 1991
The City Council of the City of Copper met in regular called session on Tuesday, February 12,
1990 at 6:00 p.m. for Executive Session and at 7:00 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
Jim Cowman, Councilman
Ron Robertson, Councilman
John Nelson, Councilman
Councilman Tom Morton was not present, having an excused absence to go to Austin with the
School Board. Also present were City Manager Alan D. Ratliff, City Secretary Dorothy
Timmons and City Attorney Lawrence W. Jackson.
Item 1 Call to order
Mayor Wolfe called the meeting to order.
Item 2 Invocation
Councilman Cowman led those present in the invocation.
Item 3 Pledge of Allegiance
Mayor Wolfe led those present in the Pledge of Allegiance.
EXECUTIVE SESSION (Closed to the Public)
Item 4 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. Minyard Agreement
2. City of Dallas Agreement
3. Reyes vs. County of Dallas
4. North Lake Park/City of Irving
5. Dallas Agreement/Belt Line
6. Van Zandt claim
7. Texas Waste Management Franchise Agreement
B. Article 6252-17, Section 2 (g) discussion concerning personnel.
1. Judge Moseley
2. Civil Service
The Council convened into Executive Session at 6:06 p.m. on Tuesday, February 12, 1991 as
allowed under the above stated articles. Mayor Wolfe adjourned the Executive Session and
opened the Public Session at 6:58 p.m.
REGIJLAR SESSION (Open to the Public)
Item 5 Approval of minutes - January 22, 1991
January 29, 1991
Mayor Pro Tern Smothermon moved to approve the minutes of January 22, 1991 and January
29, 1991 as submitted. Councilman Thomas seconded the motion. The motion carried 6-0, with
Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Cowman, Robertson and
Nelson voting in favor of the motion. During further discussion at the time of Mayor Wolfe's
report, Council wished Item # 7, minutes of January 22, 1991 to reflect that the motion "first
tenant" applied to the Rejoice Lutheran Chumh. Mayor Pro Tern Smothermon moved to amend
the minutes of Sanuary 22, 1991 to reflect 'Rejoice Lutheran Church" rather than "f~rst tenant"
in Item g'/. Councilman Nelson seconded the motion. The motion carded 6-0, with Mayor Pro
Tern Smothermon and Councilmen Weaver, Thomas, Cowman, Robertson and Nelson voting
in favor of the motion.
Item 6 Citizens Appearances
There were no citizens who wished to speak at this meeting.
Item 7 Presentation by Copper Humane Society
Jim Garrison of 337 Phillips, Coppell, was present from the Coppell Humane Society to
recognize members of the Coppell Humane Society who were present. He introduced the
officers and board members. Iqe wished the Council to be aware of the fact that this year the
Copper Humane Society is recognized by the State of Texas as a non-profit organization. I-Ie
proceeded to give reports concerning the voice mail program and the goals of the Humane
Society. He requested budgetary consideration of the Council. No further action was required
on this item.
Item 8 Discussion and presentation by Judy Parsons and Donna Knox of a check in the
amount of $6,355.31 to be specifically designated for the future construction of
a swimming pool.
Councilman Robertson moved to postpone this item to the March 26, 1991 meeting.
Councilman Thomas seconded the motion. The motion to postpone carried 6-0, with Mayor Pro
Tern Smothermon and Councilmen Weaver, Thomas, Cowman, Robertson and Nelson voting
in favor of the motion.
Item 9 A. Discussion and consideration of request for refund of special expense fee
in the total amount of $37.50 (including court cost of $12.50) at the
request of Jay and Vicky Van Zandt - requested by Mayor of Wolfe.
Councilman Robertson moved to approve a refund of $37.50 of special expense and court costs
to Jay Van ?andt. Councilman Thomas seconded the motion. The motion carried 6-0, with
Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Cowman, Robertson and
Nelson voting in favor of the motion.
B. Discussion and consideration of request for payment of medical bills in the
amount of $40.51 - requested by Mayor Wolfe.
Following discussion of this item, Councilman Robertson moved to deny the request for payment
of medical amount of $40.51. Councilman Nelson seconded the motion. The motion to deny
carried 6-0, with Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Cowman,
Robertson and Nelson voting in favor of the motion. Following further discussion after the vote,
Mayor Wolfe asked if it would be appropriate to write a letter from the City to Highland
Meadows Homeowners Association requesting that they consider payment of this amount to Mr.
Van Zandt. The City Attorney told him that there would be no legal reason not to do this.
Mayor Wolfe informed Mr. Van Zandt that he would get the letter off to the president of the
homeowners association.
Item 10 A. Presentation by representatives of the Greater Dallas Crime Commission
reviewing legislative proposals that they are recommending.
Chairman of the Board Nathan Maier of the Greater Dallas Crime Commission stated that he
had come to solicit the endorsement of the City Council for the proposed 1991 Legislative
package. He reported that there are 22 different pieces of legislation before the Legislature.
Mr. Maier continued with a brief sketch of some of the crime statistics. No further action was
required on this item.
B. Discussion and consideration of approving a resolution supporting the
legislative proposals recommended by the Dallas Crime Commission and
the Texas Department of Criminal Justice FY 1992-93 request for
legislative appropriations.
Councilman Robertson moved to approve Resolution 021291.1, supporting the legislative
proposals recommended by the Dallas Crime Commission and the Texas Department of Criminal
Justice FY 1992-93 request for legislative appropriations. Councilman Nelson seconded the
motion. The motion carried 6-0, with Mayor Pro Tern Smothermon and Councilmen Weaver,
Thomas, Cowman, Robertson and Nelson voting in favor of the motion.
Item 11 A. Status report and review of negotiations with Texas Waste Management
regarding recycling.
Jim Dippold made the presentation to Council. A report on the progress of the pilot recycling
program which was in it's tenth week was given. It is expected that a recommendation will
come before Council on February 26 to implement a city-wide recycling program. It is the goal
of the committee to have the first recycling pick up the week of "Earth Week", which is also
the weekend of Coppell Celebrates. No further action was required on this item.
B. Discussion and consideration of calling a public hearing to determine
sufficiency of Texas Waste Management's solid waste collection service
in the community at the request of Peyton Weaver.
Item 12 Discussion and consideration of appointing a negotiating committee for solid
waste collection rates/Texas Waste Management at the request of the Mayor.
Items llB and 12 were combined for the purpose of making a motion and voting on them.
Mayor Pro Tem Smothermon moved to appoint a negotiating team consisting of Councilman
Weaver, Councilman Thomas, and Staff members Public Works Director Steve Goram and
Deputy City Manager/Finance Director Frank Trando to negotiate an acceptable rate with Texas
Waste Management and that a Public Hearing be called for March 12, 1991 to review the
franchise agreement. Councilman Nelson seconded the motion. The motion carried 6-0, with
Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Cowman, Robertson and
Nelson voting in favor of the motion.
Item 13 Discussion, consideration and approval of designating a representative to attend
bi-monthly meetings of the Dallas County Solid Waste Coordinating Council -
requested by Mayor Wolfe.
00o0 S
Councilman Weaver moved to appoint Councilman Tom Morton as a representative to attend
bi-monthly meetings of the Dallas County Solid Waste Coordinating Council. Councilman
Thomas seconded the motion. The motion carried 6-0, with Mayor Pro Tern Smothermon and
Councilmen Weaver, Thomas, Cowman, Robertson and Nelson voting in favor of the motion.
Item 14 Discussion and consideration of supporting and participating in the proposed
IH35E Corridor Task Force.
City Manager Alan D. Ratliff made the presentation to Council. Councilman Robertson moved
to support verbally the IH35E Corridor Task Force and encourage them to proceed with the
improvements. Mayor Pro Tern Smothermon seconded the motion. The motion carded 6-0,
with Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Cowman, Robertson and
Nelson voting in favor of the motion.
Item 15 Discussion and consideration of establishing a recommendation for establishing
boundaries of air quality nonattalnment area.
City Manager Alan D. Rafliff made the presentation. He referred to a letter from the Council
of Governments asldng for review and comment regarding Boundaries of Air Quality
Nonattainment Area. Following discussion of this item, Councilman Robertson moved to
approve Option 1 - Entire CMSA (9-county-area) under common Marginal classification as
presented for the nonattainment area. Mayor Pro Tern Smothermon seconded the motion. The
motion carried 6-0, with Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas,
Cowman, Robertson and Nelson voting in favor of the motion.
Item 16 Discussion and consideration of approving the employment of a facilitator for the
City Council/Staff retreat to be held on March 16, 1991, and authorizing the City
Manager to execute a contract for said services.
City Manager Alan D. Ratliff made the presentation to Council. Councilman Cowman moved
to approve the employment of Chris I-Iartung as the facilitator for the City Council Staff retreat
scheduled for March 16, 1991 at a cost not to exceed $950. Councilman Thomas seconded the
motion. The motion carried 5-1, with Mayor Pro Tern Smothermon and Councilmen Weaver,
Thomas, Cowman, Robertson and voting in favor of the motion and Councilman Nelson voting
in opposition to the motion.
Item 17 PUBLIC HEARING: To consider an amendment to zoning designation PD-105,
commonly referred to as Lot 20, Block A, at 741 Woodmoor Drive, to allow the
construction of a 1 1/2 story house with roof line not to exceed 31 feet above
grade.
Planning and Community Services Director Gary Sieb made the presentation. The Planning
& Zoning Commission did recommend approval to the PD with a vote of 5-2. Robert Delsanter
of Greystone Homes was also present to state his case for changing the zoning designation of
Lot 20 and answer questions of the Council. Mayor Wolfe opened the Public Hearing and asked
if there was anyone who wished to speak in opposition of the zoning change. Paul Williams of
137 West Lansdowne Circle came forward to voice his concern that any building taller than a
single story would destroy the privacy of his back yard. He asked that the change be denied.
Mayor Wolfe asked if there were any citizens who wished to speak in favor of this request.
There were none who wished to speak.. Mayor Wolfe closed the Public Hearing. Following
discussion of this item, Councilman Thomas moved to deny the zoning change request of Lot
20, Block A, at 741 Woodmoor Drive to allow the construction of a 1 1/2 story house.
Councilman Weaver seconded the motion. The motion to deny the zoning change carried 6-0,
with Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Cowman, Robertson and
Nelson voting in favor of the motion.
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Item 18 Mayor's report.
The following items were reported under the Mayor's report.
A) Mayor Wolfe reported that Oakbend Subdivision opened Saturday February 9, 1991 at
7:30 a.m.
B) Mayor Wolfe reported that Mr. George Chaddick has withdrawn his offer to the
Lutheran Church. Mayor Wolfe voiced concern that the motion for item//7, minutes of
January 22, 1991 stated "first tenant" rather than "Rejoice Lutheran Church". He asked
if it would be too late to move for a change in the minutes.
C) Mayor Wolfe informed Council that the Exchange Club wants to put up flags on Denton
Tap Road and asked for consensus of Council to allow this. The consensus of Council
was to allow this. There will be further details of this another time. It was requested
that Staff call the Club to discuss the possibility of modifying the banners so that the
standard could come out on the bottom of the flag also in order to keep them from
blowing.
D) City Manager Alan D. Ratliff reported that during a YMCA Steering Committee
meeting, it had been suggested a some type of thermometer be put up to indicate how far
along the fund raising has come and asked for the consensus of Council to allow this.
It would be placed at the intersection of Sandy Lake Road and Denton Tap. The
consensus of the Council was to allow this.
E) Councilman Weaver reported back on the realignment of DeForest Road at MacArthur
North. He asked Staff to look at this alignment. Planning and Community Services
Director Gary Sieb will follow up on this item.
F) Councilman Weaver noted that Municipal Court fines are down and wondered if that
decrease was due to decreased revenue or increased expenses. City Manager Alan D.
Ratliff reported that there were several reasons for that, one being that State Legislature
passed a law which prohibited anyone from requiting a police officer to enforce traffic
laws.
G) Mayor Wolfe reported that there will be a special called meeting February 25, 1991 at
7:30 p.m. Councilman Cowman stated that he will not be there, Councilman Robertson
will possibly not be there, and Councilman Morton will be late. Mayor Wolfe further
reported that a citizen's petition has been submitted requesting a proposition on the May
ballot to determine if Coppell will have Civil Service for fire fighters and police officers
in the City. Mayor Wolfe stated that he would like to open the meeting of February 25
with the history of Civil Service, the surveys of the cities around Coppell, and then go
to the five questions, basically giving each question and giving an informational answer
to each one. Mayor Pro Tern Bill Smothermon was asked to get the cost
implementation; Councilman Morton was asked to get information regarding the loss of
local control, giving the points of state vs local and the permanent tenure issue and hiring
policy. At the close of the informational portion of the meeting, which he hopes will not
be later than 9:15 p.m., the meeting will be opened for questions from the floor. Mayor
Wolfe further stated that since they are expecting people who are not from Coppell, there
will be questionnaire forms to be filled out and turned in at the end of the row so
questions can be answered in a smoother format. Also, if time runs out, it would give
Council the opportunity to answer questions in the form of correspondence. City
Manager Alan D. Ratliff informed Council that the Paragon Cable Company has been
contacted and will provide video coverage of the meeting.
H) Mayor Wolfe reported that the next regular Council meeting, February 26, 1991, is
Students in Government Day for 8th grade students.
6uo030
Item 19 City Council Liaison Reports:
A) ARCHITECTURAL REVIEW COMMITTEE
There was no report at this time.
B) CHAMBER OF COMMERCE
There was no report at this time.
C) COPPELL HISTORIC DISTRICT
Councilman Nelson reported that the Coppell Historic District Committee has had a
meeting to consider zoning in the historic district.
D) DCAD
There was no report at this time.
E) ECONOMIC AND BUSINESS DEVELOPMENT BOARD
City Manager Alan D. Ratliff gave a report for Councilman Morton. Attempts are being
made to determine the person who will do the Coppell video. To date, three companies
have been interviewed by a negotiating team headed up by Richard Johnson. Councilman
Cowman suggested a coalition be formed among Lone Star Gas, GTE and TU Electric
to work with the City on public relations for the City.
F) FINANCE COMMITTEE
There was no report at this time.
G) LIBRARY BOARD
Councilman Weaver report~t that the Library Board has been meeting and has a separate
Building Committee .working who are talking with consultants, with a report expected
H) METROCREST RED RIBBON COMMITTEE
There was no report at this time.
I) MUD ABSORPTION COMMITTEE
There was no report at this time.
J) NCTCOG
There was no report at this time.
K) PARK BOARD
Councilman Thomas reported that the last Park Board meeting had been canceled due to
lack of quorum.
L) RECYCLING COMMITflSE
There was no report at this time.
M) SCHOOL BOARD
There was no report at this time.
DATA PROCESSING
Councilman Weaver reported that the Data Processing Committee has had a couple of
meetings. He informed Council that they anticipate coming forward with a
recommendation by mid-May.
CONSENT AGENDA
Item 20 A) Consideration of amending the existing subdivision ordinance to permit the
City Council to allow the Planning Commission and Director of Planning
to approve subdivision plats in certain instances.
B) Adoption of ordinance pertaining to the revised Comprehensive Zoning
Ordinance.
C) To consider an ordinance for Case #PD-110 to change the zoning
designation from SF-12 to PD-SF-SF-9, on a parcel of land located
approximately 450 feet south of Parkway Boulevard, along the west side
of Lodge Road, and authorizing the Mayor to sign.
D) Discussion and consideration of approving an ordinance authorizing the
City Manager or his designee to sign road assessment lien releases.
E) Consideration of approval of an ordinance amending article 16-3 of
Chapter 16 of the Code of Ordinances, known as the Emergency
Management Plan of the City of Coppell, and adopting a new Emergency
Plan with attachments and annexes, and authorizing the Mayor to sign.
F) Consideration of accepting bid from Artisan l_andscape, Inc., to construct
and install the sprinkler irrigation system at the Middle School, per project
Bid #Q-0191-04, Ballfield Improvements, for the amount of $17,975.00.
G) Consideration of accepting bid from Basicomputer Corp. in the amount of
$2,297.00 for the purchase of one IBM 30/286 computer for the fire
department.
Councilman Weaver requested that Item 20A and 20B be pulled for separate consideration.
Councilman Nelson moved to approve Consent Agenda Items 20 C - G, with Item 20C given
Ordinance g297-A-90, Item 20D being Ordinance 91501 and Item 20E being Ordinance 91502.
Councilman Robertson seconded the motion. The motion carried 6-0, with Mayor Pro Tern
Smothermon and Councilmen Weaver, Thomas, Cowman, Robertson and Nelson voting in favor
of the motion.
Item 20A Consideration of amending the existing subdivision ordinance to permit the City
Council to allow the Planning Commission and Director of Planning to approve
subdivision plats in certain instances.
Planning and Community Services Director Gary Sieb made the presentation to Council. When
State Law was reviewed to see which responsibilities could be transferred to the Commission
from the Council as relates to subdivision platting. A provision was found of the most recent
law which states that the Director of Planning would also have an opportunity to approve
something which was called a "minor plat". The definition of a "minor plat", as used by the
City would be: 1) There are four (4) or fewer lot~'fr6nfing on existing, improved streets 2) No
infrastructure additions, extensions or improvements are required. Councilman Weaver moved
to approve Ordinance 91499 amending the existing subdivision ordinance to permit the City
Counc'fl to allow the Planning Commission and Director of Planning to approve subdivision plats
in certain instances. Mayor Pro Tem Smothermon seconded the motion. The motion carried
6-0, with Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Cowman, Robertson
and Nelson voting in favor of the motion. The motion carried 6-0, with Mayor Pro Tem
Smothermon and Councilmen Weaver, Thomas, Cowman, Robertson and Nelson voting in favor
of the motion.
Item 20B Adoption of ordinance pertaining to the revised Comprehensive Zoning
Ordinance.
Planning and Community Services Director Gary Sieb made the presentation. He explained to
Council that the changes which had been placed at each Council's place were on pages 37,
Section 18-3 2A from net acreage to "gross" acreage and on page 41 Section 19-3 2A net
acreage changed to gross acreage. Councilman Weaver moved to approve Ordinance 91500
pertaining to the revised Comprehensive Zoning Ordinance with corrections as indicated.
Councilman Thomas seconded the motion. The motion carried 6-0, with Mayor Pro Tern
Smothermon and Councilmen Weaver, Thomas, Cowman, Robertson and Nelson voting in favor
of the motion.
EXECUTIVE SESSION (Closed to the Public)
Item 4 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. Minyard Agreement
2. City of Dallas Agreement
3. Reyes vs. County of Dallas
4. North Lake Park/City of Irving
5. Dallas Agreement/Belt Line
6. Van Zandt claim
7. Texas Waste Management Franchise Agreement
B. Article 6252-17, Section 2 (g) discussion concerning personnel.
1. Judge Moseley
2. Civil Service
Council convened in Executive Session at 9:15 p.m. on Tuesday, February 12, 1991 as allowed
under the above stated articles and adjourned into Open Session at 10:07 p.m.
REGULAR SESSION (Open to the Public)
There being no further business to come before Council, the meeting was adjourned.
Mark Wolfe, Mayo~/
ATTEST:
Do~-othy Timn~ns,~ity Secretary
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