CM 1991-03-12 MINUTES OF MARCH 12, 1991
The City Council of the City of Coppell met in regular called session on Tuesday, March 12,
1991 at 6:02 p.m. for Work Session and at 7:06 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 (arrived late)
Tom Morton, Councilman
Jim Cowman, Councilman
Ron Robertson, Councilman (arrived late)
John Nelson, Councilman
Also present were City Manager Alan D. Railiff, City Secretary Dorothy Timmons and City
Attorney Lawrence W. Jackson.
Item 1 Call to order
Mayor Wolfe called the meeting to order.
Item 2 Work Session (Open to the Public)
Items which were discussed during the Work Session were:
A. Water master plan.
B. Wastewater master plan.
C. Impact fees.
D. Drainage.
Item 3 Invocation
Councilman Cowman led those present in the invocation.
Item 4 Pledge of Allegiance
Mayor Wolfe asked those present to join him in the Pledge of Allegiance.
Item 5-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. City of Dallas Agreement
2. North Lake Park/City of Irving
3. Franchise Agreement Texas Waste Management
4. Civil Service
5. Adam vs. E Systems
B. Article 6251-17, Section 2 (g) discussion concerning personnel.
1. City Manager
This item was considered later in the evening.
Item 6 Approval of minutes - February 4, 1991
February 25, 1991
February 26, 1991
Councilman Morton moved to approve the minutes of February 4, 1991, February 25, 1991 and
February 26, 1991 as submitted. 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 Citizen's appearance.
There were no citizens who wished to speak at this time.
Item 8 Mayor's Report.
A) Mayor Wolfe reported that the next Student in Government program will be held during
the April 9, 1991 Council meeting.
B) Mayor Wolfe reported that the MacArthur Bridge ribbon cutting ceremony will be April
12, 1991.
C) Mayor Wolfe reported that the Middle School Ballfield ribbon cutting ceremony will be
April 20, 1991.
D) Mayor Wolfe requested that Staff survey neighboring cities for their policies regarding
employee recognition as they reach tenure in increments of 5 years and look at
implementing such a program for the City of Coppell.
E) Mayor Wolfe commented that more information concerning loosing local control of the
school finances was given out at the Metroplex Mayors meeting. He discussed the
possible impact this could have on the tax base of the City of Coppell.
F) Councilmen Weaver and Nelson reported on a meeting with a group of citizens who are
opposed to the Civil Service referendum.
G) Councilman Morton reported that 4,388 bills and resolutions have been introduced into
State Legislature. Currently, there are 225 bills dealing with police and fire issues.
H) Councilman Cowman stated that he had been contacted by the American Cancer Society
requesting support of a celebrity golf tournament. He asked if any citizens interested in
forming a committee for this endeavor to call him or leave a message for him with Staff,
who would contact him.
Item 9 Discussion and consideration of placing an advertisement in the 1991 Coppell
High School Yearbook.
Mayor Pro Tern Smothermon moved to approve the placing of an advertisement in the 1991
Coppell High School Yearbook comparable to last year's ad, the funds of $200 to be taken from
the Economic and Development Boards budget, with a directive to Staff to bring forth a budget
amendment for Economic and Development Board in the amount of $200 to cover the cost of
this special project. Councilman Cowman 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.
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Item 10 A. Discussion and consideration of a request by the Economic and Business
Development Board to eppr~fiate additional funds needed to produce the
Coppell Video. Previous authorization was $10,000; revised request is
$18,500 to be taken from General Fund budget and balance from
donations, which includes the $7,500 donated by the Development Bond
Board and the prorata of the utility bill donations.
B. Discussion and consideration of authorizing the City of Coppell Economic "~
and Business Development Board, and the City Manager, to enter into an
agreement with Sullivan Productions for the production of a Coppell
Video, not to exceed $18,500.
Richard Johnson, Chairman of the Economic and Business Development Board, was present to
discuss this item with Council. He stated that the entire requested amount will be funded from
the Economic and Development fund as it exists now. Councilman Morton moved to approve
a request by the Economic and Business Development Board to appropriate additional funds
needed to produce the Coppell Video, the total being $18,500 and approval to enter into an
agreement with Sullivan Productions for the production of a Coppell Video, not to exceed
$18,500. 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.
Mayor Wolfe further stated that it has been proposed that the Coppell lapel pins be sold for $2
each. There was no opposition to this.
Item 11 Discussion and consideration of accepting a report from Paragon Cable providing
for revised fees and other changes to the City of Coppell cable system.
Buz Nesbit of Paragon Cable TV made the presentation to the Council. No further action was
required on this item.
Item 12 A. Remove from table the proposed Master Water/Wastewater Plans prepared
by Ginn & Case, Inc., which were tabled on February 26, 1991.
B. Presentation, consideration and approval of Master Water/Wastewater
Plans prepared by Ginn & Case, Inc.
Mayor Pro Tem Smothermon moved to remove from the table and approve the Master
Water/Wastewater Plans prepared by Ginn & Case, Inc. Councilman Weaver 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 13 Discussion and consideration of directing staff to prepare the necessary legal
documents to prepare for the sale of Revenue Bonds for Water and Sewer in the
amount of approximately $3,000,000.00.
Councilman Morton moved to approve directing Staff to prepare the necessary legal documents
to prepare for the sale of Revenue Bonds for Water and Sewer in the amount of approximately
$3,000,000. 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 14 Consideration of authorizing Oinn & Case, Inc., to provide design engineering,
contract administration, and construction review services for Branches I and II of
the Grapevine Creek Sewer Trunk Main.
Councilman Weaver moved to approve ao~orizing Ginn & Case, Inc. to provide a design
engmeenng, contract administration and c0nstmct~o~ rewew services for branches I and H of
the Grapevine Creek Sewer Trunk Main. Councilman Nelson seconded the motion. The motion
carried 4-3 with Councilmen Weaver, Cowman, Robertson and Nelson voting in favor of the
motion and Mayor Pro Tern Smothermon and Councilmen Thomas and Morton voting against
the motion.
Item 15 Consideration of authorizing Ginn & Case, Inc., to provide professional services
in the amount not to exceed $12,500.00 to re-evaiuate the Water and Wastewater
Impact Fees.
Councilman Weaver moved to approve Ginn & Case, Inc. to provide professional services in
the amount not to exceed $12,500 to re-evaiuate the Water and Wastewater Impact Fees.
Councilman Nelson seconded the motion. The motion carried 4~3 with Councilman Weaver,
Cowman, Robertson and Nelson voting in favor of the motion and Mayor Pro Tern Smothermon
and Councilmen Thomas and Morton voting against the motion.
Item 16 Request of Coppell Church of Christ to waive water impact fees in the amount
of $6,600.00 and sewer impact fees in the amount of $2,110.00 for a new Church
building being constructed at 111 Samuel Boulevard.
Joe Fitch of 732 S. Coppell Road, the applicant, made the presentation to the Council. Council
pointed out that the $2,110 sewer impact fee is a fee which falls under the MUD (Municipal
Utility Distric0; therefore, it would not be requested that this fee be paid at this time. It was
pointed out, however, that these fees have already been paid to the City. Council pointed out
the $6,600 is for a 1 1/2" line, with most other churches having a 1" line. The 1" line charge
is $3,300. There was some discussion about the church having the contractor change the line
back to a 1" line. Mayor Pro Tem Smothermon stated that other churches which have come on
line in the past have paid the impact for water and sewer services. Mayor Pro Tern Smothermon
moved that the City of Coppell reimburse the Coppell Church of Christ the amount of $2,110.
which it has already paid because the City does not at this point in time have a right to charge
that fee, and that the City is in no way waiving the right of the MUD if they so desire to assess
that fee. He further moved that City Staff refund $3,300 of the water impact fee, providing that
a way is found to reduce the size of service meter to 1" rather than 1 1/2". Councilman Morton
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 17 PUBLIC HEARING: To review the Texas Waste Management Franchise
Agreement and other matters affecting service.
EXECUTIVE SESSION (Closed to the Public)
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.
Prior to consideration of this item, the Council convened into Executive Session at 8:47 p.m.
on Tuesday, March 12, 1991 as allowed under the above stated articles. Mayor Wolfe
adjourned the Executive Session and opened the Regular Session at 9:06 p.m.
REGULAR SESSION (Open to the Public)
Mickey Flood, President of Texas Waste Management and Vice President of Waste
Management, North America, made a presentation to the Council. Texas Waste Management
is proposing several service modifications which have been done in response to the survey that
was done and also to the Recycling Committee. They have offered three different levels of
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service on a residential basis. (1) One time per week garbage collection and one time per week
recycling collection for $8.48 per month. (2) The Same service as #1 with the addition of a
second garbage collection day between Memorial Day and Labor Day for $9.00 per month. (3)
Two times per week garbage collection and one time per week recycling collection for $9.50 per
month. Under all three options, Texas Waste Management and the City of Coppell would split
the recycling proceeds in the sale of the recyclables 50-50. They anticipate this total per year
to be approximately $15,000 per year. Texas Waste Management will spend $15,000 for an
educational program. They will pass 100% of the proceeds from the commercial recycling to
the customer. They will cap the CPI at 5 %, or 75 % of the full CPI (based on the Department
of Labor), whichever is less, on an annualized basis. In addition, they will offer a 10% discount
off the senior citizens or handicapped homeowners bill. The fairness and authenticity of this
would be administered by the City Manager or his designee. They will lock the commercial
rates in effect on December 31, 1990 for one year. The contract would be modified to a 7 year
evergreen.
Mayor Wolfe declared the Public Hearing open and asked if there were any citizens who wished
to speak for or against this item. Those persons wishing to speak included:
A) Chuck Casalinova of 711 Meadowlark Lane stated that he would like to see Coppell
become a leader in recycling. He stated that he preferred the one time a week garbage
collection and one time a week recycling collection.
B) Walter Pettijohn of 525 Oak Grove Road stated that he is in favor of continuing to have
Texas Waste Management as the trash collector for the City of Coppell.
C) Wendy Petty of 604 Johnson Drive stated that she is happy with the present garbage
service.
D) A1 Salata of 701 Greenway Drive stated that he feels the City now has quality service
and does not feel it is necessary to change companies.
E) lim Dippold of 249 Alex stated that he felt that it was not as important to be first in a
city-wide recycling program as it was to be sure that it is done properly.
There being no other citizens who wished to speak, Mayor Wolfe closed the Public Hearing.
Councilman Weaver asked for consensus of Council in accepting a proposal from Texas Waste
Management, with the exceptions of taking the option of once a week garbage/once a week
recycling pickup in the winter months and twice a week garbage pickups/once a week recycling
pickup from April 1 to October 1; Texas Waste Management would keep in the contract the
other rates and services offered in the proposal in the event of a change at another time;
participation rate minimum level clarified to indicate a monthly participation term; no rate
increases due to Subtitle D landfill legislation being passed, unless there is a change in the form
of the legislation which might cause a modification of the landfill; taking the 5 % or 75% CPI
option, whichever is less, as an annual increase with a 7 year evergreen contract; and the
effective date of the rate increase April 1, 1991. The consensus of Council for all items except
for the CPI modification was to approve the proposal from Texas Waste Management with these
previous exceptions. The consensus of Council on the CPI modification was to accept the 5%
or 75% CPI option, whichever is less, with wording to the effect "unless the CPI increases
150% more than what it was the previous year". The consensus of Council was to accept this
CPI modification, A contract will be prepared and brought back to Council for consideration
and final approval.
Item 18 PUBLIC HEARING: Consideration and approval of a zoning change request
(from (C) Commercial to (PD-SF-7) Planned Development Single-Family-7) for
Case #PD-115, Wynnpage Addition, located approximately 1000 feet south of
Sandy Lake Road and 200 feet west of Denton Tap Road, at the request of
Siepiela Interests.
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Planning and Community Service Director Gory $ieb~ made the presentation. The developer, Jim
Siepiela of 5001 LRI Freeway, Suite 830,~Dalla~-qvas also present to answer any questions the
Council might have. The Planning and Zoning Commission recommended, by a unanimous
vote, approval of the Planned Development subject to fifteen conditions.
Mayor Wolfe declared the Public Hearing open and asked if there were any citizens who wished
to speak for or against the proposed zoning change request.
Those persons who wished to speak included:
A) Barbara Schmidt of 125 Whispering Hills Drive voiced concern over the higher
density and also the possible drainage problems of the proposed change.
B) Ed Lavelle of 203 Fieldcrest Loop stated that he objects to the alleys which would
be in the new development.
Mayor Wolfe declared the Public Hearing closed.
Mayor Pro Tern Smothermon moved to approve the zoning change request from (C) Commercial
to (PD-SF-7) Planned Development Single-Family-7 for Case #PD-115, incorporating all of the
recommendations the Planning and Zoning Commission recommended, excepting on the western
boundary the minimum lot size be 8,000 square feet. The motion died for lack of a second.
Councilman Cowman moved to deny the zoning change request from (C) Commercial to (PD-
SF-7) Planned Development Single-Family-7 for Case #PD-115. Councilman Weaver seconded
the motion. The motion to deny carried 5-2 with Councilmen Weaver, Thomas, Cowman,
Robertson and Nelson voting in favor of the motion Mayor Pro Tern Smothermon and
Councilman Morton voting against the motion.
Item 19 PUBLIC HEARING: Consideration and approval of a replat request for Shadow
Woods addition, Block A, Lot 12-R, located near the southwest comer of Coppell
Road and Thweatt Road, at the request of Centex Corporation.
Planning and Community Services Director Gary Sieb made the presentation to Council.
Mayor Wolfe declared the Public Hearing open and asked if there were any citizens who wished
to speak for or against this item. There being no citizens who wished to speak, Mayor Wolfe
declared the Public Hearing closed.
Councilman Morton moved to approve the replat request for Shadow Woods Addition, Block
A, Lot 12-R, located near the southwest comer of Coppell road and Thweatt Road. 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 20 Discussion and consideration of calling a special called work session on Saturday,
March 16, 1991.
City Manager Alan D. Ratliff made the presentation to Council and introduced Chris Hal-tung,
the consultant hired to facilitate the March 16 special called work session. Mr. Hartung went
over the agenda for the meeting. Councilmen Robertson and Nelson stated that they will be out-
of-town. Consensus of Council was that the session be recorded, that Larry Jackson be asked
to attend, that Assistant City Secretary Linda Grau be asked to attend in order to take minutes,
and that an Executive Session be included in the agenda in the event it is needed.
Item 21 City Council Liaison Reports:
A) ARCHITECTURAL REVIEW COMMITTEE FOR TOWN CENTER
There was no report at this time.
B) CHAMBER OF COMMERCE COMMITTEE
There was no report at this time.
C) COPPELL HISTORIC DISTRICT
There was no report at this time.
D) DCAD
There was no report at this time.
E) ECONOMIC AND BUSINESS DEVELOPMENT BOARD
Councilman Morton reported that the Economic and Business Development Board is getting
more and more active.
F) FINANCE
There was no report at this time.
G) LIBRARY
There was no report at this time.
H) METROCREST RED RIBBON CAMPAIGN COMMITFEE (DRUG AWARENESS)
There was no report at this time.
I) MUD ABSORPTION
Councilman Morton reported that $500,000 has just been transferred to Tex Pool to hold as
surplus funds. He stated that there was a long list of property owners who had not paid their
MUD taxes, expressing concern that there were mortgage companies might not have picked up
some of the taxes. He suggested that a list might be obtained in order that Staff might contact
these persons to inform them of the delinquent MUD taxes.
J) NCTCOG
Councilman Morton reported that the Resource Conservation Council which takes care of solid
waste recycling is now establishing strategies for recycling markets, for assuring treatment and
disposal capacities, minimizing household trash, minimizing apartment and commercial trash,
stopping illegal dumping and for coordinating state, regional and local solid waste management.
He further stated that the strategies developed at COG would become law for this area and must
be met.
K) PARK
Councilman Thomas reported that the Park Board would be coming forth in the near future for
some signage request for Andy Brown Park. The Park Board Committee wished their concern
tO be expressed to Council that future developers be encouraged to include park areas in the
developments where possible.
L) RECYCLING COMMITTEE
There was no report at this time.
M) SCHOOL
There was no report at this time.
lq) DALLAS MOBILITY COALITION
Councilman Morton stated that the Dallas Mobility Coalition is now looking at ways to reduce
delay time on freeways due to accidents.
O) OFFICE ON AGING
Councilman Morton reported that there were now 176 senior citizen households in the Coppell
P) PID COMMITTEE
Mayor Pro Tern Smothermon reported that the PID Committee had met, but that he had no
report at this time since the item had been pulled off the agenda.
Item 22 Consideration of any action to be taken by the Council in regard to Adams vs. E-
System.
(This item was considered following the Executive Session from 10:32 p.m. to 11:30 p.m.)
Mayor Pro Tern Smothermon moved to authorize the Mayor to execute the settlement agreement.
Councilman Morton 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 23 CONSENT AGENDA
A. Consideration of formal acceptance of the Denton Tap Road Landscaping and
Irrigation Improvements project and the Final Payment to Landscape Design and
Construction, Inc., in the amount of $16,804.210, including the release of all
retalnage.
B. Consideration of awarding bids from Goldthwaites of Texas, Freel Enterprises,
Danco Sales and Service, Main Street Mower, Inc. to purchase capital equipment
for the Public Works Department for the amount of $15,343.16.
C. Consideration of a variance from Section 10-8-4 and Section 10-9-1 of the City
Sign Ordinance which concerns signs advertising the coming of a new business,
and the administrative fee required for variances. The variance is requested by
the City of Coppell for the property located at the northwest comer of Coppell
Road and Southwestern Blvd.
D. Consideration and approval of a final plat (msubmittal) request for lake Park
Addition, located at the northwest comer of DeForest Road and Allen Road, at
the request of Mr. Glen Hinkley.
~'~ E. Consideration and approval of a final plat request for the Villages of Coppell,
Phase III, located at the southeast comer of DeForest Road and Allen Road, at
t request of Denton Creek loint Venture.
the
F. Consideration and approval of a final plat request for Villages of Coppell
Addition, Phase IV, located at the southwest comer of DeForest Road and Allen
Road, at the request of Iona Properties.
G. Consideration and approval of a final plat (resubmittal) request for Coppell
Church of Christ Addition, located approximately 467 feet north of Sandy Lake
road along the west side of Samuel Boulevard, at the request of Coppell Church
of Christ.
H.Consideration of reimbursing Mr. Ron Van Ness for relocation of power source
due to construction on Denton Tap Road in the amount of $2,000.00.
I. Discussion and consideration of payment to Uniglobe Travel in the amount of
$128.00.
Council requested that Items 23E and 23F be pulled for separate consideration. Councilman
Robertson moved to approve Items 23A, B, C, D, G, H, and I. 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 23E Consideration and approval of a final plat request for the Villages of
Coppell, Phase III, located at the southeast comer of DeForest Road and
Allen Road, at the request of Denton Creek Joint Venture.
Planning and Community Services Director Gary Sieb made the presentation to Council. Pat
Atkins, of Tipton Engineering and representing the developers of the property, was also present
to answer any questions Council might have. Issues which were in question were: (1) location
of landscaping, (2) who will be responsible for maintaining the landscaping and (3) will there
be an irrigation system. Mr. Atkins stated that screening would be installed as proposed in the
plat, that it would be irrigated and that a Homeowners Association would be established to
maintain the landscaping, even though it would be located within the areas of the city right-of-
way. Mr. Sieb stated that the City would not recommend the landscaping be placed in the street
right-of-way. The landscaping would be best placed in the alley right-of-way. Councilman
Weaver moved to approve a final plat request for the Villages of Coppell, Phase III, located at
the southeast comer of DeForest Road, and Allen Road, with the stipulation that the landscaping
on DeForest Road be moved to the alley right-of-way from the DeForest right-of-way.
Councilman Cowman 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 23F. Consideration and approval of a final plat request for Villages of Copp~ll
Addition, Phase IV, located at the southwest comer of DeForest Road and
Allen Road, at the request of Iona Properties.
Councilman Weaver moved to approve the final plat request for the Villages of Coppell
Addition, Phase IV, located at the southwest comer of DeForest Road and Allen Road with the
stipulation that the landscaping as shown on the plat be moved to the alley right-of-way from the
DeForest right-of-way. Councilman Cowman 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
Item 5-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. City of Dallas Agreement
2. North Lake Park/City of Irving
3. Franchise Agreement Texas Waste Management
4. Civil Service
5. Adam vs. E Systems
6,j,,052
The Council convened into Executive Session at, !.0:32 p.m. on Tuesday, March 12, 1991 as
allowed under the above stated articles.' MaYor: ~Vblfe adjourned the Executive Session and
opened the Regular Session at 11:30 p.m.
REGULAR SESSION (Open to the Public)
Item 22 Council took action on this item at this time. Please see Item 22 above.
EXECUTIVE SESSION (Closed to the Public)
Item 5-ES B. Article 6251-17, Section 2 (g) discussion concerning personnel.
1. City Manager
The Council convened into Executive Session at 11:35 p.m. on Tuesday, March 12, 1991 as
allowed under the above stated articles. Mayor Wolfe adjourned the Executive Session and
opened the Regular Session at 1:14 a.m.
REGULAR SESSION (Open to the Public)
There being no further business to come before Council, the meeting was adjourned.
ATI'EST:
Dorothy Timn~r~2~ty Secretary