COS Lutheran-AG 910312HEARING
. AGENDA REQUEST FORM
~TEM CAPTION: Request of Coppell Church of Christ to waive water impact fees in the amount
of $0,600.00, and sewer impact fees in the amount of $2,110.00, for a new Church building being con-
structed at 111 Samuel Boulevard.
SUBMITTED BY: ~
i
OTHER REP.:
EVALUATION OF ITEM: DATE:
Director
At the Jan,,~r,y ZZ Council meeting, City Council discussed the issue of waiving development fees.
It was the consensus of the Council to set a general policy of not waiving fees. In deliberation regarHinoo
this issue, however, Council stated that it would consider, on a case-by-case basis any request for
fee waiver initiated by a potential development in the City. The attached letter from the Coppell
Church of Christ is the first of these requests.
BUDGET AMT.
AMT +/- BUDGET
COMMENTS:
AMT. ESTIMATED
FINANCIAL REVIEW BY
LEGAL REVIEW BY:
AGENDA REQUEST FORM REVISED 1/91
II.
CITY MANAGER'S COMMENTS/RECOMMENDATION FOR AGENDA ITEM
Item # 16
City Council Agenda Dated: 3/12/91
Comments/Recommendation:
We concur with the recommendation of the City Council Finance
Committee and believe that waiver of these impact fees is not
in the best interest of the City and is not consistent with
heretofore established practices. In the past, only street
assessment fees have been waived. Our opinion is that this
is, in effect, a donation of City funds to a specific
religious sect or church. If you determine that you want to
do this, we recommend the City Council establish a policy
which can be applied equally and uniformly. We would
recommend denial of this request.
Coppell
Church of Christ
728 South Coppell Road
Coppell, Texas 75019
February 5, 1991
City Council
City of Coppell
Coppell, Texas
Dear Sirs:
In a recent City Council meeting a report on waiving fees was considered. While
establishing a general policy against waiving fees, it was suggested that the church
submit a special request to the city council if we desired impact fees connected with
our building project to be waived.
We request that the council dismiss all Impact fees for both water and sewer. We
make no request for waiving inspections fees, water tap fees, or street light fees. We
offer the following arguments for your consideration.
The Coppell Church of Christ is a tax exempt institution. Unlike inspection fees,
water tap fees, and utility service, no service or commodity Is provided in exchange
for the Impact fees. These fees are city taxes to provide for future development. This
was explained by a member of the council in public meeting. Therefore, as a tax
exempt church, we ask to be exempt from this tax assessment as we are from all
city, state, county, and federal taxes.
Precedent for dismissing assessments for churches was cited by a member of the city
council during discussion in council meeting. It was stated that the city has not and
does not collect street assessment against churches. The First Baptist Church was
cited as an example. The impact assessment is a different assessment, but it
demonstrates that the city recognizes the exceptional status of a church in regard to
such assessments. The same reasons for dismissing street assessment argue for
dismissing impact fees.
The impact fees for the Thacker company have been waived. This sets precedent that
impact fees can under some circumstances be waived. It seemed to be understood by:
council members that some kind of Incentive would regularly be offered to such
companies. Whether the Incentive Is in waiving Impact fees or In abating taxes,
ordinary assessments are not collected. It seems that public services provided by a
church in the community should be as great an incentive for waiving impact fees as
attracting new business.
Unlike precedent for waiving fees In commercial situations, waiving Impact fees for a
church has a very limited precedent application. There are about ten churches in
Coppell without church buildings. Assuming that all of them eventually construct a
building In Coppell, waiving Impact fees for the Coppell Church of Christ cannot
inlluence more than these ten situations. If other churches have the same Impact fees,
the total precedent consideration could never total more than $87,000. It would be
expected that this total waiving of fees would be scattered over several years. The
city would be little influenced by waiving these fees; churches trying to build in a
very expensive environment would be significantly Influenced by having to pay them.
Precedent for waiving fees for commercial companies has unlimited Implications In
both number of applications and in amount of money involved.
Furthermore, Coppell Church of Chdst is not Impacting the system. The church has
been in this community for 35 years, and 'for many years has been fled into the city
utility system. No additional demands will be made on the city utility system. When
the new building is completed, the old building will be moved away, and that service
permanently discontinued. The church is simply changing the location of its utility
service.
Joe Fitch
COPPELL PUBLIC WORKS
MEMORANDUM
DATE:
To:
From:
Re:
Water Impact Fe9
October 16, 1990
File/Church of Christ - Samuel Boulevard
Public Works Staff
Coppell Church of Christ Development Fees
($660/ESU) ~
1 1/2" Domestic Meter = 5 ESU's
1 1/2" Irrigation Meter = 5 ESU's
'Total ESU's
TM 10
10 ESU's @ $6.60 each
$6,600.00
Wastewater Impact Fe~
1 1/2" Domestic Meter =
Total ESU's =
5 ESU's @ $422 each
Water Tap Fee (Inspection~
2 Taps @ $100 each
($422/ESU)
5 ESU's
5
$2,110.00-
- Inspection Fee -
(2% X Estimated Contract Cost)
- Street and Signs
$200.00~ ~~
To be determined prior to
pre-construction meeting
$292.60.~
Street Lig~ht Assessment
for
The following assessment is 1)eing made in accordance with' the
City of Coppell. Subd'iv'ision Ordinance Appendix A Chapter VI,
D. The following figures were supplied by T.P. ~& L. for
estimating this assessment. ~
$292.60 per'light for'every 200 feet of roadway.
You are being assessed for
tO I light/.
ft. of roadway, which totals
$292.60 x I lights
*Before lights a're.installed contact Public Works -
Steve Goram, Director of Public Works or Per Birdsall, Street Foreman
to have lighting plan approved.
Councilman Weaver moved to approve authorizing Ginn & Case, Inc. to provide a design
engineering, contract administration and construction review services for branches I and II 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 Tem Smothermon and Councilmen Thomas and Morion 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-evaluate 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-evaluate 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 Tem 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 Tern 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 fight 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 u rather than I 1/2'. Councilman Morton
seconded the motion. The motion carried 6-1, with Mayor Pro Tem Smothermon and
Councilmen Weaver, Thomas, Morton, Robertson and Nelson voting in favor of the motion and
Councilman Cowman voting against the motion.
EXE{~UTIVE SESSION (Closed to the Public)
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.
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.
REGIJLAR SESSION (Open to the Public)
Item 17
PUBLIC HEARING: To review the Texas Waste Management Franchise
Agreement and other matters affecting service.
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