CM 1991-10-22 MINUTES OF OCTOBER 22, 1991
The City Council of the City of Coppell met in regular called session on Tuesday, October 22,
1991 at 5:00 p.m. for Work Session, 6:34 p.m. and 8:40 p.m. for Executive Session, and 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 Tem
Peyton Weaver, Councilman
David Thomas, Councilman
Tom Morton, Councilman
Jim Cowman, Councilman
John Nelson, Councilman
Councilman Ron Robertson was absent from the meeting. Also present were City Manager Alan
D. Rafliff, City Secretary Dorothy Timmons, and City Attorney Lawrence W. Jackson.
REGULAR SESSION (Open to the Public)
Item 1 Call to order
Mayor Wolfe called the meeting to order.
Item 2 Work Session:
1. Kaye Street Drainage
2. Paragon Cable
3. Engineering Contract
4. Data Processing Committee
5. General discussion of agenda items
Additional items discussed during the work session included Metrocel Cellular Telephone,
Freeport Goods, Sales Tax, Tax Abatement, and a request from Mayor Pro Tern Smothermon
for a press release regarding status of Fire Chief and Engineer.
Item 3 Invocation
Councilman Nelson led those present in the invocation.
Item 4 Pledge of Allegiance
Mayor Wolfe led those present in the Pledge of Allegiance.
EXECUTIVE SESSION (Closed to the Public)
Item 5-ES A. Article 6252-17, Section 2 (f), discussion concerning the negotiating
position of the City with respect to agreements involving interests in land
and the value of real property.
1. Kaye Street Drainage
B. Article 6252-17, Section 2 (e), Senate Concurrent Resolution Number 83,
discussion with City Attorney concerning matter involving privileged
communications between attorney and client.
1. Release of Liability from Aetna - Town Center
2. D/FW Airport
3. Carrollton Landfill
C.Article 5252-17, Section 2 (g) discussion concerning personnel.
1. Personnel - City Engineer
The City Council convened into Executive Session at 6:34 p.m. on Tuesday, October 22, 1991
as allowed under the above stated articles. Mayor Wolfe adjourned the Executive session at
6:59 p.m.
REGULAR SESSION (Open to the public)
Mayor Wolfe opened the regular session and expressed appreciation to those present for their
attendance. Mayor Wolfe announced that Councilman Robertson was out of state this evening;
so based on the City's charter, if there was a tie vote during the meeting he would be required
to break the fie.
Item 6 Approval of minutes: October 8, 1991
Mayor Pro Tem Smothermon moved to approve the minutes of October 8, 1991 as submitted.
Councilman Cowman seconded the motion. The motion carded 6-0, with Mayor Pro Tern
Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, and Nelson voting in favor
of the motion.
Item 7 Citizen's Appearances
There were no citizens who wished to speak at this time.
Item 8 Citizen request from Kent Darwin to address City Council regarding Kaye Street
Drainage.
Mayor Wolfe stated that this item was discussed briefly in work session as well as in executive
session, then turned the floor over to to Kent Darwin for his presentation. Kent Darwin's
presentation included his statement that once he became aware of the proposed solution he spoke
with various city representatives regarding the issue and proper procedures for bringing the issue
before the council. He feels that the City is actively considering other alternatives for portions
of the solution, and that a solution may be forthcoming that will reduce costs and satisfy all
homeowners involved. Mr. Darwin made the following points: 1) that his home at 327 Spanish
Moss and that of Blake Svejkovsky at 331 Spanish Moss Drive are not part of the problem, 2)
that none of the Fox and Jacobs utility easements on the involved properties are being used, 3)
that the residents on Kaye Street agreed to a drainage easement after negotiations with the City,
and 4) that the Kaye Street easements and the Fox and Jacobs easements were never intended
to be used for utilities. Mr. Darwin requested that the council consider and take action on the
following: 1) that all the initial bid responses on the existing proposal be rejected, especially
on the south to north drainage, 2) that the Council consider and develop an alternative solution
to the south to north drainage problem, and 3) that new bids or addendums to those bids be
requested and, 4) that the Council select the best one for the City and proceed. Mr. Darwin
also requested the Council to write an addendum to the Ordinance Number 341 to clearly define
utility easements and drainage easements and clarify the difference between the two.
Mr. Blake Svejkovsky also made a presentation to the Council which included the following
three possible solutions: A. The first one would utilize the 5' utility easement on the east side
of his property. His concerns with this possibility included: 1) damage to his property, Mr.
Danvin's property, and the property behind theirs, 2) his property being exposed to construction
on three sides, 3) the temporary traffic problem on Spanish Moss and permanent damage to the
street, and 4) the utility versus drainage easement problems. B. The second solution involved
the west side of his property and was the solution that he proposed. His comments included:
1) The length of the line would be shortened by approximately 80 feet and would not require
tearing up the street, both of which would reduce overall cost, 2) In compensation for the west
easement, Mr. Svejkovsky proposed negotiations on what would be involved for his piece of
property and a financial settlement. C. The third solution was stated as having the City
condemn that piece of property, but that it Would itig01ve the same problems as solution A and
would create delays. In closing, Mr. SvejkoVsky stated that he would like to have an
opportunity to negotiate with the City regarding a plan utilizing the west side piece of property.
Mark Wolfe thanked both Kent Darwin and Blake Svejkovsky for their presentations and
informed those present that there is a 60 day time frame to obtain agreements with the families
on Kaye Street regarding their easement situation and complete the drainage project. City
Manager Alan Ratliff informed Council that the City Attorney has advised that it is his opinion
that the City can use that existing easement for the purpose of constructing a drainage channel.
Following further discussion, Council requested that awarding the bid for this project be on the
November 12 City Council meeting and that the City do everything possible to stay with the
original time schedule. Additionally, Staffwill be working towards a solution with Mr. Darwin
and Mr. Svejkovsky; and were requested by Council to review Ordinance 314 (Subdivision
Ordinance) to determine if clarification of the term easement is needed. No action was required
on this item. Mayor Wolfe indicated this item would be discussed later in the evening in
Executive Session.
Item 9 Discussion and consideration of responding to request by Paragon Cable to extend
and renew its franchise agreement.
Mayor Wolfe stated that this item was discussed in work session, regarding appointing Mayor
Pro Tem Smothermon as Council Liaison, staff member Frank Trando and citizen Bill Coppola
to work as a committee with City Attorney Larry Jackson. Buzz Nesbit of Paragon Cable
stated that he wished to provide clarification that the request was for renewal specifically under
both the Federal Communications Act as well as a provision in the local ordinance. Councilman
Morton moved to appoint a Council Subcommittee comprised of Mayor Pro Tern Bill
Smothermon, Staff Member Frank Trando and upon the acceptance of the position, Citizen Bill
Coppola to review the request from Paragon Cable as to extending and renewing of its franchise
agreement with the City of Coppell and to report back to the Council at its earliest convenience.
Councilman Thomas seconded the motion. The motion carried 6-0, with Mayor Pro Tem
Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, and Nelson voting in favor.
Item 10 Presentation by Dallas County Officials regarding the 1991 Dallas County Open
Space Plan.
Mr. John Eric Simmons, representing the Dallas County Commissioner's Court and the Park and
Open Space Board, addressed the Council to officially present the Council with their copies of
the 1991 Dallas County Open Space Plan. Three copies were presented, one for use in City
Hall by the Mayor or City Manager, one in the Library for citizens' access, and one to be kept
by the Park Director. There is an item on the upcoming Dallas County Bond Election which
is specifically for further acquisition of park and open space. Mr. Nesbitt expressed his
appreciation to the Council for the cooperative effort in working on the Grapevine Springs
Project.
Item 11 Consider approval of a resolution supporting the Dallas County Bond Program
scheduled for election on November 5, 1991 and authorizing the Mayor to sign.
Mayor Wolfe stated that cities, especially throughout the northern corridor of Dallas County
have been passing similar resolutions. The program would provide: A) 3.6 million for Sandy
Lake Road from MacArthur to Coppell east city limits, B) 2.965 million for Sandy Lake Road
from Coppell city limit to Carrollton city limit, and C) 4 million for Beltline from Denton Tap
to MacArthur. Councilman Morton moved to approve Resolution #102291.1 in support of the
Dallas County Bond Program for the November 5, 1991 election as included in the packet and
authorize the Mayor to sign, and a copy be forwarded to the to the County Commissioner's
Court. Councilman Thomas seconded the motion. The motion carded 6-0, with Mayor Pro
Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, and Nelson voting in
favor.
Item 12 Request from the Coppell Soccer Association to inform the City Council of
Awareness Day at Andrew Brown Park on Saturday, October 26, 1991 and invite
them to attend. "~ ~ ': ~:~:
Jim Shaw, President of Coppell Soccer Association, made a presentation regarding Awareness
Day on Saturday, October 26, 1991 from 9 to 2 at Andrew Brown Park. An invitation was
extended to City Council and staff. The City sponsored DARE program will be there to help
make the 662 children of the Coppell Soccer Association more aware to stay away from drugs.
Candy Shinn and the Special Athletes Booster Club will be there to help make people aware that
children with disabilities do want to fit in and there is a place for them in the Coppell Soccer
Association. Zachary Near, a member of the Coppell Soccer Association, requested that
everyone make an effort to include other people like his friend Zachary Shinn who is disabled
to play on their teams so that they could all have more fun. Candy Shinn, President of the
Coppell Special Athletes Booster Club expressed appreciation to the Coppell Soccer Association
for being the first group in Coppell to offer opportunities for participation to children with
disabilities. She described how this has changed their lives by increasing acceptance from other
people, and providing activities that were not available before and the resulting companionship
and friendships.
Item 13 Presentation and report from FOCL (Fill Our Community Library) organization
on special events planned in November for the William T. Cozby Public Library,
most notably the 2nd Annual "Books, Bluegrass and Barbecue" event to be held
November 16, 1991, and request for Council approval of the attached
proclamation.
Cynthia Towell, president of FOCL (Fill Our Community Library) organization, presented
information regarding the Second Annual Celebration of Reading Month. She stated that this
event will raise community awareness of the importance and the fun of literacy, demonstrate the
Girl Scouts' support of literacy and the William T. Cozby Public Library, stimulate community
involvement in literacy and with the library, and raise funds for the library's circulation
materials. She further stated that the event will include the adopt a book program where citizens
have the opportunity to adopt a book by donating its purchase price, the share a book program
which requests donations of new children's books that will be distributed among the
disadvantaged in the community, workshops for both preschoolers and elementary age children
based on the book Literature Gems by local Coppell author Carolyn Burden, the Girl Scouts'
drive to sign up new library patrons, a free puppet show written and performed by the gift
scouts for the community, a series of professional story telling performances at the library
throughout the month of November encompassing tales from cultures around the world, and the
Second Annual Books Bluegrass and Barbecue Extravaganza, which will be held at Coppell High
School this year to accommodate a larger crowd and a stage for entertainment. In support of
their efforts the organization requested that City Council approve the submitted proclamation
declaring November as the Second Annual Celebration of Reading Month. Mayor Wolfe read
the proclamation as requested. Councilman Weaver moved to approve the proclamation whereby
designating the month of November 1991 as the Second Annual Celebration of Reading Month
as submitted. Councilman Nelson seconded the motion. The motion carried 6-0, with Mayor
Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, and Nelson voting
in favor.
Item 14 Discussion and consideration of approving a request for a variance to Section
10-4-3A of the Sign Ordinance to permit utilization of a portable sign for the
"Books, Bluegrass and Barbecue" event and request for variance to Ordinance
#10-4-3B to permit banners to be hung from light poles.
Councilman Morton moved to approve the request for variance to Section 10-4-3A of the Sign
Ordinance to permit utilization of a portable sign, and for this sign to be placed in service on
November 9 and taken down on November 17, for use in the "Books Bluegrass and Barbecue
Event"; and a variance to ordinance 10-4-3B to permit banners to be hung from light poles,
these banners also to be placed at locations by November 9 and taken down by November 17.
Councilman Thomas seconded the motion. The motion carried 6-0, with Mayor Pro Tem
Smothermon and Councilmen Weaver, Tho~as~ ~0~ton, Cowman, and Nelson voting in favor.
Item 15 PUBLIC HEARING: Consideration and approval of a zoning change request,
Case #S-1054, from (LI) Light Industrial, to (LI-SUP) Light Industrial with a
Special Use Permit for a Metrocel Cellular Telephone Communication Tower, on
property located east of Denton Tap Road, and approximately 212 feet north of
Beltline Road, at the request of Metrocel Cellular Telephone Company.
Mayor Wolfe stated that the public hearing on this item was left open from the October 8
Council Meeting. He then asked if there were persons who wished to speak for or against the
proposed zoning change. There were none. Mayor Wolfe closed the public hearing. Brief
discussion followed regarding the height of the tower. Councilman Cowman moved to approve
zoning change request, Case #S-1054, from (LI) Light Industrial, to (LI-SUP) Light Industrial
with a Special Use Permit for a Metrocel Cellular Telephone Communication Tower, on
property located east of Denton Tap Road, and approximately 212 feet north of Beltline Road,
at the request of Metrocel Cellular Telephone Company. Councilman Nelson seconded the
motion. The motion was amended to include that if the area ceases to be used by Metrocel then
the tower and all structures and equipment be removed. The motion was also amended to
include a 75' height restriction, plus there be no outside storage at the location other than the
construction. The motion with the two amendments carried 6-0, with Mayor Pro Tern
Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, and Nelson voting in favor
of the motion.
Item 16 Discussion of the Tax Abatement Policy requested by Mayor Pro Tern Bill
Smothermon.
Mayor Pro Tern Smothermon made a presentation to the Council regarding the possible revision
of the Tax Abatement Policy for the City. This policy would provide a 25 percent tax abatement
for five years to a company which adds $5.5 million to our tax roll, or to grant a 50 percent tax
abatement for five years if a company adds an enhanced tax value of more than $10 million to
our tax roll. He also stated that this simplified program be in effect for two years; at that time,
unless renewed by Council, it would no longer be in effect; and that this proposal has been
discussed with the Industrial Development Task Force, the Economic Development Board, and
the primary development community. Following discussion, staff was directed to proceed with
drafting of an ordinance to revise the Tax Abatement Policy for the city.
Item 17 Discussion of Freeport Goods requested by Mayor Pro Tern Bill Smothermon.
Mayor Pro Tern Smothermon stated that he has been approached by members of the business
community regarding the Freeport tax situation. Legislature has provided an opportunity for
cities to not charge ad valorem tax on certain items within their jurisdiction. At the present time
the City of Coppell does not provide that abatement. If the resolution is ever provided, it is
forever. He requested Council's consensus that the Council refer this issue back to the
Economic Development Board for their research and input. At the present time the City would
not have a very significant impact from this tax, however, the school district would be
significantly affected; and the abatement cannot apply to a selected area or zone. Freeport,
Texas is the city that got the law passed. The name Freeport does not mean the same as
freeport zones as in import or export.
Item 18 Discussion and consideration of report from special study committee regarding
sales tax.
Mayor Pro Tem Smothermon stated that he would like to defer most of the discussion on this
item until a time when a full Council was present, however, he gave a status report on the
project and asked the Economic Development Board to review.
Item 19 Discussion and consideration of re-scheduling and/or canceling the following
regular City Council Meetings:
A. November 26, 1991, regular City Council meeting
B. December 24, 1991 - regular City Council meeting
Mayor Wolfe stated that the last meeting in December has usually been cancelled by the
Council. Discussion followed regarding the November 26 meeting. Staff was directed to bring
the item back to the November 12 meeting if the need arose for cancelling the November
meeting. Councilman Mortion moved that the December 24 meeting be cancelled. Councilman
Cowman seconded the motion. The motion carried 6-0, with Mayor Pro Tern Smothermon and
Councilmen Weaver, Thomas, Morton, Cowman, and Nelson voting in favor.
Item 20 Status report on the Data Processing Committee and discussion and consideration
of selecting a consultant to assist in the design and installation of the pc network.
Councilman Weaver requested to defer this item until he could discuss with Councilman
Cowman the availability of people at GTE to help design the network installation. If they cannot
come to a satisfactory agreement with them then the item will be back on the November 12
agenda. The Data Processing Committee feels that professional assistance is needed in
developing specifications for the installation of the network in all the City buildings and tying
those together.
Item 21 Mayor's Report
A) Mayor Wolfe reported that the City flag flew in Jerusalem for the Feast of Tabernacles;
several families from Coppell attended this event. Some 77 countries and 1000 U.S.
cities were represented with their flags. Pictures of the flag and a letter from the Prime
Minister's office was shared with Council.
B) Mayor Wolfe expressed appreciation to the Police Department for the letter received
from the school district for the School Liaison Program and how well it's working this
year with Captain Nix and Officer Day.
C) Mayor Wolfe reported having received a call from Brad Thomas, Councilman in
Carrollton, complimenting Chief McKinney and Captain Nix on the DARE program.
He additionally thanked Steve Goram, Director of Public Works, and Rick Wieland,
Parks and Recreation Manager, for their assistance with the Coppell Sports Association.
D) Mayor Wolfe reported that students from Coppell Intermediate School will attend the
November 12 City Council meeting for the Students in Government Program and advised
Council that they can meet with the students from 6:30 to 7:00.
E) Mayor Wolfe reported that he and City Manager Alan D. Ratliff had received three
letters regarding the MacArthur no parking issue. Staffrecommended no parking, which
Council denied. Staff will be bringing this forward once again.
F) Councilman Morton stated that he. had received information from Oxy Chemicals
regarding recycling of PVC bottles and he would pass this information on to someone
in waste management. He also received a letter from the Texas Campaign for the
Environment about its organization and its supporters, concerning household hazardous
waste and collection programs. Councilman Morton expressed his appreciation to Mr.
Gary Sieb for the light at the intersection of Denton Tap and Bethel Road being
operational.
G) Councilman Cowman expressed his appreciation to Mr. Gary Sieb for the quick reaction
concerning Lodge Road. He also expressed his appreciation to Chief Terry for his quick
response to weed control on Falcon, and offered congratulations to the Fire Department
for a job well done by minimizing damage to the house on Bitternut last week.
H) Councilman Weaver expressed his appreciation to Gary Sieb for the light at the
intersection of Denton Tap and Bethel Road being operational and to Steve Goram for
maintenance on the median between~..'MaeArthur. Councilman Weaver reminded
everybody the Coppell Humane Society is having one of their large fund raisers this
Saturday. David and Sandy Greer have allowed the organization to use McDonalds
parking lot for a large garage sale, and if anyone has items to donate for the sale, please
call Councilman Weaver. Donations are tax deductible, and the Boy Scouts and/or Gift
Scouts will be helping with the adopt a pet.
I) Councilman Morton expressed appreciation to Steve Goram, Director of Public Works,
for the work started on the sub base failure on Bethel School Road.
Item 22 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
Councilman Nelson reported that the Historic Committee was pleased with the action
taken concerning the Grapevine Springs Park.
D) DCAD
There was no report at this time.
E) ECONOMIC AND BUSINESS DEVELOPMENT BOARD
There was no report at this time.
F) FINANCE
There was no report at this time.
G) LIBRARY
Councilman Weaver stated that the library architectural firm has submitted a proposal to
Gary Sieb, Director of Planning and Community Service for review. The building
committee will probably meet next week and try to begin negotiations with the firm on
the design of the library.
H) METROCREST RED RIBBON CAMPAIGN COMMITTEE (DRUG AWARENESS)
Councilman Cowman stated that he appreciated everybody's support of the Red Ribbon
Campaign.
I) MUD ABSOPRTION
There was no report at this time.
]) NCTCOG
Councilman Morton reported that the Denton County Bond Election will strongly impact
Coppell. One of the projects is pushing Hebron Parkway through. This is the first time
in the history of Denton County that they have ever had a bond program for roads. The
fourth largest city in Denton County is North Carrollton and there are 40 cities or
municipalities in Denton County that they have had to get together on this program.
K) PARK
There was not report at this time.
L) RECYCLING COMMITTEE
There was no report at this time.
M) SCHOOL
There was no report at this time.
Councilman Thomas reported that he will be out of the City for the next 10 days or so. He
suggested that the Historical Committee might have a good opportunity to explore the First
Methodist Church issue.
CONSENT AGENDA
Item 23 A. Consideration of a variance from Section 10-8-6 (e) of the Sign Ordinance
which concerns the time limit that non profit organizations may erect
temporary off premise signs. The signs will be located along MacArthur
Blvd., Denton Tap Rd., and Spur 533 for a three week period that will
end December 8, 1991. The signs will advertise the "Shop Coppell First"
campaign and is requested by the Exchange Club and Mayor Wolfe.
B. Consideration of a variance from Section 10-8-6 (e) of the Sign Ordinance
which concerns the time limitation that service organizations may erect
temporary off premise signs and the maximum size of those signs. The
signs will be used to advertise the haunted house that will be sponsored
by the Coppell Community Theater and is requested by Coppell
Community Theater and Councilman Nelson.
C. 1.) To consider a release of all liability to Howard U. Freeman, Inc.
and its surety company (Aetna Insurance Company) regarding the
completion of the Town Center.
2.) Consider accepting the benefits of Aetna Ins. Co.'s tender and
assignment to the City of its proposal from Custom Slate Inc. so
that Custom Slate Inc. can make certain repairs to the Town
Center building pursuant to its proposal and be reimbursed from
the retainage funds released to the City by Aetna under the terms
of the above mentioned release.
D. Consider approval of a contract with Dallas County Elections Department
in the amount of $400 for the rental of voting equipment to be used in the
Home Rule Charter Amendments Election scheduled for Tuesday,
November 5, 1991.
(;,3 202
E. Consideration of approving an engineering services contract with Shimeck,
Jacobs and Finklea Consulting Engineers in an amount not to exceed
$19,178.00 for additional subdivision review and inspection services and
authorizing the Mayor to sign.
It was requested that Item E be pulled from the Consent Agenda for further discussion. Mayor
Pro Tem Smothermon moved to approve items 23A, 23B, 23C, and 23D as published.
Councilman Cowman seconded the motion. The motion carried 6-0, with Mayor Pro Tern
Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, and Nelson voting in favor.
Item 23 E was considered separately. Mayor Pro Tern Smothermon moved to approve the
contract as read (item 23E) and authorize the Mayor to sign. Councilman Morton seconded the
motion, with the amendment to cover the months of October, November, and December of
1991. The motion carried 5-I, with Mayor Pro Tem Smothermon and Councilmen Thomas,
Morton, Cowman, and Nelson voting in favor of the motion, and Councilman Weaver voting
against the motion.
EXECUTIVE SESSION (Closed to Public)
Item 5-ES A. Article 6252-17, Section 2 (f), discussion concerning the negotiating
position of the City with respect to agreements involving interests in land
and the value of real property.
1. Kaye Street Drainage
B. Article 6252-17, Section 2 (e), Senate Concurrent Resolution Number 83,
discussion with City Attorney concerning matter involving privileged
communications between attorney and client.
1. Release of Liability from Aetna - Town Center
2. D/F~V Airport
3. Carrollton Landfill
C.Article 5252-17, Section 2 (g) discussion concerning personnel.
1. Personnel - City Engineer
The City Council convened into Executive Session at 8:40 p.m. on Tuesday, October 22, 1991
as allowed under the above stated articles. Mayor Wolfe adjourned the Executive Session and
opened the Regular Session at 9:30 p.m.
REGULAR SESSION (Open to Public)
There being no further business to come before Council, the meeting was adjourned.
Adjournment
t Mark W~g, Mayor
ATTEST:
oro~l?y ~immo~ C'~'r y~ Secretary