CM 1993-01-26 MINUTES OF JANUARY 26, 1993
The City Council of the City of Coppell met in Regular Called Session on Tuesday,
January 26, 1993 at 6:00 p.m. in the City Council Chambers of 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
Lanny Mayo, Councilman
Ron Robertson, Councilman
Jim Garrison, Councilman
Also present were City Manager Alan D. Ratliff, City Secretary Dorothy Timmons and City
Attorney Peter G. Smith.
REGULAR SESSION (Open to the Public)
1. Call to order
Mayor Wolfe called the meeting to order. Mayor Wolfe adjourned the Regular Session and
opened the Executive Session.
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
(Items marked with (*) are not scheduled for "Regular Session" discussion or
consideration.)
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.* Ellison Wrecker Service
2. D/FW Negotiations (Item//12)
Mayor Wolfe convened into Executive Session at 6:00 p.m. as allowed under the above-
stated article. Mayor Wolfe adjourned the Executive Session at 6:33 p.m. and opened the
Work Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. One half Cent Sales Tax (Item #11)
B. Texas Water Partnership (Item//15)
C. Discussion of Agenda Items
Mayor Wolfe adjourned the Work Session and opened the Regular Session.
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REGULAR SESSION (Open to the Public)
4. Reconvene Regular Session
5. Invocation
Councilman Thomas led those present in the Invocation.
6. Pledge of Allegiance
Mayor Wolfe led those present in the Pledge of Allegiance.
7. Consider approval of minutes: January 12, 1993
Mayor Pro Tern Smothermon moved to approve the minutes of January 12, 1993 as
submitted and amended. Councilman Mayo seconded the motion; the motion carried 7-0
with Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Morton, Mayo,
Robertson and Garrison voting in favor of the motion.
Consent Agenda was considered at this time. See Item 22 for minutes.
8. Presentation of award of appreciation to Penny Solomon, Executive Director,
Coppell Chamber of Commerce.
Mayor Wolfe made conunents regarding the fact that Penny Solomon had been with the
Coppell Chamber of Commerce almost since its inception. He expressed how much he and
the Council appreciated all of her hard work and the fact that she would be missed and
would always be a part of the community. Penny expressed her gratitude and was
presented with an award of appreciation by Mayor Wolfe. No further action was required.
9. Presentation of plaques to Lead Workers of Kid Country.
Mayor Wolfe made comments regarding all the hard work done by the lead workers and
volunteers for Kid's Country. Mayor Wolfe and Alan D. Ratliff, City Manager, presented
plaques to Danny Watson, Rebecca Watson, Ron Adams, Norman Alexander, Walt Beesley,
Chris Brandt, Sandy Curran, Kurt Evans, Pat Evans, Philip Fisher, Martha Goldblatt,
Mary Ann Higgins, Sharon Kirby, Mollie Marks, Bob Mathis, Steve Mayer, Tamie Reed,
Rick Rogers, Lisa Rowe, Candy Sheehan, Jay Shirley, Jena Simmons, Denise
Streitenberger, Michael Walsh, and Mary Williams. Plaques were also awarded to Leslie
Fetchen, Jim Still and Shanon Webber who were not in attendance; A plaque was
presented to Rick Wieland, Parks and Recreation Manager, for his dedication to the
project. Councilman Robertson expressed appreciation on behalf of the Council to all of
the people who contributed to this facility.
10. Discussion and consideration of approving selection of language on the Kid Country
permanent plaque.
Councilman Thomas moved to approve the following language on the Kid Country
permanent plaque: "On Sunday, October 25, 1992 the effort of approximately 4,000
individuals was realized with the completion of Kid's Country. This playground was
designed and built to provide valuable play experiences for children of all ages. The
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playground before you shows the success of this effort. The City Council of the City of
Coppell would like to recognize the efforts made by all involved in construction of this
valuable facility." Councilman Morton seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Mayo, Robertson
and Garrison voting in favor of the motion.
11. A. Consider approval of an ordinance calling an election for May 1, 1993 to vote
for or against a proposition for the adoption of an additional one-half of one
percent sales and use tax pursuant to Section B of the Development
Corporation Act of 1979 (referred to by City Council as sales tax for park
development).
Mayor Pro Tem Smothermon moved to postpone this item until after a Public Hearing is
conducted and additional information can be obtained from the State Comptroller's Office
and that any election on this item not be called any earlier than the August uniform
election date. Councilman Robertson seconded the motion; the motion carried 4-3 with
Mayor Pro Tem Smothermon and Councilmen Morton, Robertson and Garrison voting in
favor of the motion and Councilmen Weaver, Thomas and Mayo voting against the motion.
Bo Consider approval of an ordinance calling an election for May 1, 1993 to
vote for or against a proposition for the adoption of an additional one-half
of one percent sales and use tax pursuant to section 4A of the Development
Corporation Act of 1979 (commonly called economic and business
development sales tax).
Councilman Robertson moved to deny approval of an ordinance calling an election for
May 1, 1993 to vote for or against a proposition for the adoption of an additional one-half
of one percent sales and use tax pursuant to section 4A of the Development Corporation Act
of 1979 (commonly called economic and business development sales tax). Councilman
Mayo seconded the motion; the motion carried 6-1 with Mayor Pro Tem Smothermon and
Councilmen Weaver, Morton, Mayo, Robertson and Garrison voting in favor of the motion
and Councilman Thomas voting against the motion.
12. Discussion and consideration of calling a public hearing regarding D/FW Airport
expansion for March 4, 1993, as requested by Mayor Wolfe.
Mayor Wolfe made comments regarding a Public Hearing to be scheduled for March 4,
1993. It was stated that airport officials and State representatives will be in attendance to
address this issue. Mayor Wolfe stated that the hearing might possibly be held at a school
site at 7:30 in the evening and would include comments from the legislators and questions
from the audience. Mayor Wolfe also made comments regarding a group consisting of two
representatives of each city, representatives from the airport, federal agencies, airport
staff, and FAA which will be meeting to discuss the noise issue in and around the airport.
This will be a bi-monthly meeting. Mayor Wolfe stated that Karen Robertson, who was
in charge of the noise issue at John Wayne Airport in California, has joined D/FW and is
looking at the possibility of implementing some of the items that are at John Wayne
Airport. Councilman Morton moved to call a public hearing regarding D/FW Airport
expansion for March 4, 1993 at 7:30 p.m. Councilman Weaver seconded the motion; the
motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas,
Morton, Robertson, Garrison and Mayo voting in favor of the motion.
A discussion was held regarding hiring a consultant to represent the City of Coppell in
Austin on legislative issues, from zoning and issues related to D/FW Airport expansion to
other items specific to Coppell. Billy Clayton of Capital Consultants is being considered
as a consultant. Mayor Wolfe stated that the City has three options regarding Mr.
Clayton' services. (1) The City would pay a fee of $25,000 for representation in this year's
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legislative session or (2) The City would pay an on-going fee of $4,000 a month for all issues
which could be discontinued on a thirty (30)-day notice or (3) Do nothing or look at other
options. Council discussed which option to follow or whether to postpone the issue. It was
decided that Councilmen Weaver and Morton would approach the school board to see
about a joint venture between the school board and the City Council and that the results
will be brought back February 9, 1993 for Council consideration of both options. The
committee will also continue to look at other consultants.
13. Discussion and consideration for the City Council to appoint a negotiating team,
consisting of one Councilman, one Staff member and one member of the Cable
Review Board (to be determined at a later date), for the renewal of Paragon's
franchise.
Mayor Pro Tem Smothermon made a presentation regarding the Cable Committee. A
public hearing was held on January 18, 1993 where comments were evenly split. The
recommendations will be made to the negotiating committee in April. Mayor Pro Tem
Smothermon requested that a negotiating team be appointed consisting of one councilman
and one staff member and one member of the Cable Review Board. Councilman Robertson
moved to appoint a negotiating team, consisting of Mayor Pro Tern Smothermon, as the
council member, and a staff member to be appointed by the City Manager and that these
two members will appoint the third member from the Cable Review Board to make up the
negotiating team. Councilman Morton seconded the motion; the motion carried 6-1 with
Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Mayo and
Robertson voting in favor of the motion, and Councilman Garrison voting against the
motion.
14. Discussion and consideration of approval of a "Stalking Ordinance" carrying
_ amending Chapter 9 of the Code of Ordinances by adding Article 9-16 creating an
offense for stalking another person; providing for a penalty not to exceed $500.00
for each offense; providing a repealing clause; providing a severability clause; and
declaring an effective date.
Mayor Pro Tem Smothermon moved to approve the "Stalking Ordinance," carrying
Ordinance No. 93585 amending Chapter 9 of the Code of Ordinances by adding Article 9-
16 creating an offense for stalking another person; providing for a penalty not to exceed
$500.00 for each offense; providing a repealing clause; providing a severability clause; and
declaring an effective date. Councilman Morton seconded the motion; the motion carried
7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Mayo,
Robertson and Garrison voting in favor of the motion.
15. Consideration by the City of Coppell to become a member of the Texas Water
Partnership and authorizing the appropriation of the annual fee of $1,500.00.
Councilman Thomas moved to approve the expenditure of $1,500.00 by the City of Coppell
to become a member of the Texas Water Partnership. Councilman Morton seconded the
motion; the motion carried 5-2 with Mayor Pro Tern Smothermon and Councilmen
Thomas, Morton, Mayo and Garrison voting in favor of the motion, and Councilmen
Weaver and Robertson voting against the motion.
16. Consideration of further discussion involving zoning change request, Case #ZC-545,
Round Oak Estates, (formerly Oaktree Addition), from (MF-2) Multi-Family-2, and
(SF-12) Single-Family-12, to (SF-7) Single-Family-7, located along the west side of
Harris Street, 450' north of Bethel School Road, at the request of Matthews
Southwest.
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A. Discussion to reconsider motion of January 12, 1993 regarding disposition of
this zoning case.
B. Motion to approve, deny or modify zoning Case #ZC-545.
Mayor Pro Tem Smothermon moved to reconsider the motion of January 12, 1993
regarding disposition of zoning Case #ZC-545. Councilman Thomas seconded the motion;
the motion carried 6-1 with Mayor Pro Tem Smothermon and Councilmen Thomas,
Morton, Mayo Robertson and Garrison voting in favor of the motion, and Councilman
Weaver voting against the motion.
Councilman Mayo moved to deny zoning Case #ZC-545 without prejudice. Councilman
Robertson seconded the motion; the motion carried 7-0 with Mayor Pro Tem Smothermon
and Councilmen Weaver, Thomas, Morton, Mayo, Robertson and Garrison voting in favor
of the motion.
17. Consideration of a variance from Section 10-8-4 of the Coppell Sign Ordinance
which addresses temporary construction sign advertising the coming of a new
business. The request is made by Riverside Church of Christ for a tract adjacent
to their new construction site of approximately 6.5 acres, located east of S. Denton
Tap Road on the northwest corner of Beltline Road at North Lake Drive. The sign
in question will front on S. Denton Tap Road, just north of the Mobil Service
Station.
Greg Jones, Acting Building Official, made a presentation to the Council. Jack Connor,
505 Briar Glen, representing the Riverside Church of Christ, also made a presentation to
the Council. Mr. Connor indicated that there has been an agreement with the adjacent
property owner, Bill Thompson, to provide an ingress/egress easement. Mr. Connor stated
that the sign requested at this time is just a temporary sign and that they would like to
place it on Denton Tap Road for visibility purposes. Mayor Wolfe stated that in the last .....
year the Council had approved two sign variances and on both of those the Council had
given time limits for the sign to be in place. Councilman Weaver expressed concerns about
relaxing the sign ordinance to begin allowing more off-premise signs. Mr. Connor
indicated that the church was planning to break ground by June for the new church and
hopefully a complete construction in one-year. Councilman Weaver made a motion to
approve the application of Riverside Church of Christ for a sign to be erected on the
property presently owned by the church and that it be a temporary permit for a period of
24 months. Councilman Mayo seconded the motion; the motion carried 6-1 with Mayor
Pro Tem Smothermon and Councilmen, Weaver, Thomas, Morton, Mayo and Garrison
voting in favor of the motion, and Councilman Robertson voting against the motion.
18. Consideration of a variance from Section 10-8-3 D of the Sign Ordinance concerning
subdivision sign and Section 13-1-1 A & B of the Code of Ordinances regulating
intersection visibility obstructions. This variance is being requested by Mr. Tim
House of Matthews Southwest for the property owned by Mr. Jay C. Thweatt
located on the northwest corner of Bethel School Road at S. Denton Tap Road.
This item was postponed until February 9, 1993 by request of the applicant.
19. Citizen's Appearance
Kent Moore, 436 Dillard, spoke to the Council regarding a possible Community Band and
Arts Council. He stated that possibly there could be a task force formed for the express
purpose of studying the San Antonio Arts Council. He also spoke about the feasibility of
a long-term plan for an arts center.
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20. Mayor's Report
A. Irwin Marks, 621 Pheasant Lane, addressed the Council and applauded the
efforts the City has made regarding traffic control at Moore and Bethel
School Road, but would like to suggest that the roadway be striped and a
left-turn only lane be implemented for north/south traffic. Mayor Wolfe
indicated that there is a traffic study being conducted at this site.
B. Mayor Wolfe announced that a reception will be held for Larry Jackson,
former City Attorney, on February 9. 1993 from 7:00 to 7:30 p.m. From
6:00 to 7:00 p.m. will be the executive session and work session; then a break
for the reception with the Council meeting beginning at 7:30 p.m. The
reception will be held upstairs in the Rotary Room. The Council gave a
consensus to spend $600.00 on the reception.
C. Mayor Wolfe stated that the Students in Government has been moved to
March 9, 1993.
D. Mayor Wolfe discussed the rate increase which TU Electric has filed with the
City.
E. Mayor Wolfe announced that the second annual employee recognition will be
held April 24, 1993. Mayor Wolfe expressed a hope that all of the Council
will attend.
F. Councilman Robertson discussed a Donkey Basketball game between the City
Council and the City of Coppell Firefighters slated to beheld on February 6,
1993.
G. Councilman Robertson announced that the YMCA in Coppell now has 515
members. The fundraising drive for the 1993 year has begun. The goal has
been 55% achieved.
H. Mayor Pro Tem Smothermon discussed the forum on the new federal
regulations concerning cable in Austin. Mayor Pro Tern Smothermon and
Frank Trando, Deputy City Manager/Finance Director, will be attending.
The request was made of the Council to fund $600 to send three or four
members of the cable board to the forum. There was a consensus by the
Council to do so.
I. Councilman Thomas attended the performance by the Bulgarian students and
reported that the money the council donated was well spent.
J. Councilman Weaver stated that he had been contacted by a citizen regarding
excessive noise by stereos in cars late at night. Councilman Weaver asked for
the opinion of Council as to the possibility of an ordinance. The Council
showed no support in pursuing this issue.
21. Liaison Reports
Carrollton Youth & Family Services - Councilman Morton stated that a meeting was held
recently which he attended.
Flood Plain - The committee met at COG and will be bringing some action forward to the
Council according to Councilman Morton.
Office on Aging - Councilman Morton attending a meeting on aging.
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Neighborhood Integrity Ordinance - Councilman Morton stated that they have met and
reviewed a draft. They will have another look at the ordinance in about two weeks.
Paragon Cable Franchise - Mayor Pro Tern Smothermon announced that the cable
conunittee met on the 18th of January in a Public Hearing. About 15 speakers were
present and were split as to whether Paragon was doing a good j ob or a bad job.
Finance Committee - Mayor Pro Tem Smothermon stated that the finance committee will
meet next Tuesday afternoon. A contingency fund for Mayor and Council and a Capital
Replenishment Fund are on the agenda.
Consent Agenda
22. A. Discussion and consideration of authorizing the City Attorney to file an
appeal in Longbranch Country Club lawsuit.
B. Discussion and consideration of rejecting Bid Q-1292-01 for uniforms and
authorizing staff to re-bid.
C. Approval of an ordinance of the City of Coppell changing the speed limit on
Gateway Boulevard and Airline Drive as follows: Amending Section 8-1-3 of
the Code of Ordinances of the City of Coppell establishing 40 miles per hour
as the maximum prima facie speed limit on Gateway Boulevard from
Freeport Parkway to Royal Lane and on Airline Drive from Freeport
Parkway to Beltline Road, said roads being public streets within the
corporate limits of the City; making it unlawful for any person to operate or
drive a vehicle on said public streets at a speed greater than said designated
speed; providing that any speed in excess of such designated speed shall be
prima facie evidence that such speed is not reasonable nor prudent and is
unlawful; providing a repealing clause; providing a penalty or fine not to
exceed the sum of five hundred dollars ($500.00) for each offense and
declaring an effective date and authorizing the Mayor to sign.
D. Consideration and approval of awarding Bid Q-1192-03 for Janitorial
Services in the amount of $34,619.00 to General Building Maintenance for a
period of one (1) year commencing February 1, 1993 through January 31,
1994 with the option to renew for two (2) additional one-year periods.
E. Consideration and approval of payment in the amount of $687.50 to Carlisle
Engraving Company, Inc. for plaques and certificates to the principal
coordinators who worked on Kid Country.
F. Consideration and approval of a $200 contribution in support of the 24
Bulgarian students who will be performing in a production of Shakespeare
in Coppell and who are being sponsored by residents of Coppell, as requested
by Mayor Wolfe.
Item 22A was pulled from the Consent Agenda and discussed following the Executive
Session.
Mayor Pro Tem Smothermon moved to approve Items 22 B, C carrying Ordinance No.
93586, D, E and F, with Item 22C being amended to show a penalty or fine not to exceed
two hundred dollars ($200.00). Councilman Morton seconded the motion; the motion
carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton,
Mayo, Robertson and Garrison voting in favor of the motion.
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Mayor Wolfe adjourned the Regular Session and opened the Executive Session.
EXECUTIVE SESSION (Closed to the Public)
23. Convene executive Session
(Items Marked with (*) are not scheduled for "Regular Session" discussion or
consideration.)
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. Longbranch (Item//22 A)
Mayor Wolfe convened into Executive Session at 9:00 p.m. as allowed under the above-
stated article. Mayor Wolfe adjourned the Executive Session at 9:08 p.m. and reconvened
the Regular Session.
REGULAR SESSION (Open to the Public)
24. Reconvene Regular Session
After discussion, Councilman Robertson moved to approve Item 22A. Councilman Morton
seconded the motion; the motion carried 7-0 with Mayor Pro Tern Smothermon and
Councilmen Weaver, Thomas, Morton, Mayo, Robertson and Garrison voting in favor of
the motion.
There being no further business to come before the City Council, the meeting was
adjourned.
Mark Wolfe, Mayor
ATTEST:
Dorothy Timmons, City Secretary
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