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CM 1981-03-12 Minutes of March 12, 1981 The City Council of the City of Coppell met in special called session on March 12, lg81, at 7:30 p.m. in the Coppell High School Administration Building. The following members were present: Andrew Brown, Jr., Mayor David Phillips, Mayor Pro Tem Roy Brock, Councilman Orville Mayo, Councilman Glen White, Councilman Dale Ware, Councilman Also present were City Administrator Jim Elium, City Secretary Dorothy Timmons, and City Attorney Larry Jackson. The meeting was called to order and everyone asked to stand while Mayor Pro Tem Phillips gave the invocation. Following the invocation, Council- man Brock moved that the reading of the minutes be waived; Councilman Mayo seconded and motion carried 5-0. Councilman Brock then moved that the minutes be approved as submitted; Councilman Mayo seconded and motion )mm carried 5-0. The first item to be considered was approval of the final plat on One' Twenty One Business Park. Mr. Gary Krauss with Graham & Associates made the ,. presentation to the Council. He stated that Phase I which consists of approximately 30 acres is anticipated to be ready for lot sale by the fall of this year. Following discussion on this item, Councilman White moved that the final plat be approved as recommended by the Planning and Zoning Commission; Councilman Brock seconded and motion carried 5-0. The next item to be considered was approval of a preliminary and final plat on the Phillips Addition. Mayor Pro Tem Phillips asked that he be excused from the Council in order to present this item. Mayor Brown indicated he was excused. Mr. Phillips then stated that this Addition consists of one lot of .8 acres. He also stated that he anticipates putting in a six inch sewer line in order to serve this property. Following discussion on this item, Councilman Mayo moved that the preliminary and final plat be approved as recon~ended by the Planning and Zoning Commission; Councilman White seconded and motion carried 4-0. Mayor Pro Tem Phillips then returned to his seat on the Council. The next item considered by the Council was an amended agenda item which was a public hearing to consider a zoning change request of Northlake Woodlands Venture for a change from Single Family to Planned Development. This item was amended from the previously scheduled March l0 meeting. Mr. Steve Parsons made the presentation to the Council and stated that the subdivision would contain alleys, concrete streets, and'curb ~nd gutters, that it would be developed in phases, and that the property would be deed restricted so that the houses would be a minimum of 1600 square feet. He also stated that he would pay the total $150 park cost as each phase is approved on the final plat. Mr. Parsons stated that he would like to work with the Park Board at the time when the property to the south of this development is considered for development about the possibility of working out a City park site. Mayor Brown declared th9 public hearing open and asked for those persons who wished to speak against the proposed change. There were none. He t~en asked for those persons who wished to speak for the proposed change. Again~ there were none. Mayor Brown declared the public hearing closed. Following discussion by the Council, Councilman Ware moved that the zoning change be approved as recommended by the Plan- ning and Zoning Commission; Councilman Mayo seconded and motion carried 4-0-1 with Councilman Brock abstaining. Approval of the preliminary plat on the Northlake Woodlands Venture was then considered by the Council. Following discussion by the Council, Councilman Mayo moved that this plat be approved as recommended by the Planning and Zoning Commission; Councilman White seconded and motion carried 4-0-1 with Councilman Brock abstaining. 180 Consideration of an amendmedt to the Fireworks Ordinance which was tabled from a previous meeting was then discussed by the Council. This ordinance would exempt for a period of ten days the selling of fireworks for only one time, one lease basis. Following discussion by the Council, Councilman Mayo moved that this amendment be approved; Councilman White seconded and motion carried 3-2 with Councilman Ware and Mayor Pro Tem Phillips voting against the motion. A copy of this amendment is attached as a permanent part of these minutes. The next item to be considered was an amended item to consider awarding bids on the Esters Road Project. Mr. Frank Rasor from Hogan & Rasor made the presentation to the Council and stated that it is their recon~endation that the bid be awarded to Austin Paving Company and that it would take ap- proximately 7 to 8 days to prepare the contract for signing and to begin work on the construction. Following discussion on this item, Councilman White moved that the bid be awarded to Austin Paving Company in the amount of $900,364.50; Councilman Brock seconded and motion carried 5-0. The City Administrator's Report was the next item on the agenda. City Ad- ministrator Jim Elium stated that word has been received that Dallas is proposing to raise their water rates approximately 30% which would mean our cost would go from 43.5¢ to 56.5 per 1,O00 gallons. A series of news releases will be prepared as the meetings on this rate case progress in order to let the citizens of the town know what is going on. Approval of the bills was then considered by the Council. Following dis- cussion on this item, Councilman Ware moved that the bills be approved in the amount of $14,629.06 which does not include Item 57 and 59 expenses on the car auction; Councilman White seconded the motion which carried 5-0. The meeting was then closed for an Executive Session allowed under Article 6252-17, Section 2 (e), discussion with the City Attorney, and Article 6252-17, Section 2 (g), discussion concerning personnel. Following the Executive Session, the meeting was adjourned. ATTEST: 1 Dorothy Timm~s, Cit} Secretary AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ~,.~ ~-/~- / AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING ORDINANCE NO. 229 TO PROVIDE AN ADDITIONAL EXEMPTION; PROVIDING THAT ANY PERSON WHO SOLD FIREWORI<S DURING THE YEA}{ 1989 AT A LOCATION OUTSIDE THE CORPORATE LIMITS OF THE CITY FO}{ A DISTANCE OF FIVE THOUSAND FEET (5,000'), AND WHO MAINTAINED CONTINUING LEASES TO CONDUCT SUCH SALES WHICH DO NOT EXPIRE UNTIL AFTER JULY 4, 1981, SHALL BE EXEMPT, AT ONE LOCATION WITHIN SUCH AREA FROM JUNE 24, 198~1 ' THROUGH JULY 4, 1981, FROM THE PROHIBITION CONTAINED IN ORDINANCE NUMBER 229 IN REGARD TO THE SALE OF FIREWORKS WITHIN THE AREA LYING OUTSIDE THE CORPORATE LIMITS OF THE CITY AND EXTENDING FIVE THOUSAND FEET (5,(}00') THEREFROM; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOE A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.0(}) FOR EACH OFFENSE; AND ESTABLISHING AN EFFECTIVE DATE. NOW, THEREFORE~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. AMENDMENT TO ORDINANCE NUMBER 229. Ordinance No. 229 heretofore passe(~ by the City Council of the City of CoDpell, Texas, on the 9th day of December, 1980, is hereby amended bv adding to Section E(1) entitled "Exemptions in regard to fireworks" the followin~ additional exen~Dtion, to-wit: "Any person who sold fireworks durip~ the year 1980 at a location outside the corporate lira{ts of the City for a distance of Five Thousand Feet (5,000') and who has maintained leases at.. sneh locations which do not expire until after July 4, 1981, shall be exempt at one location within such area from June 24, 1981 through July 4, 198~1 from the prohibition contained in Ordinance No. 229 in regard to the sale of fireworks within such ares lsdn~ outside the corporate limits of the City and extending' Five Thousand Feet (5,000'] therefrom." sEcTIoN 2. REPEALING CLAUSE. AH ordinances, or parts of ordinances, inconsistent or in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. ~EVERABILrrY CLAUSE. If any article, paragraph or subdivision, clause or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 4Z PF. NALTT CLAUSF.. Any person, firm or corporation violating any of the provisions of this ordinance shah be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a penalty of fine not to exceed the sum of Two Hundred Dollars ($200.00l for each offense, and each and every day such offense is continued shall constitute a new and separate offense. SECTION 5. ]~FFIgCTI'v'E DATE. This ordinance shah take effect immediately from and after the publication of its caption, as the law in sveh eases provides. DULY PASSED by the City Cooncfl of the City of Coopell, Texas, this the ATTEST: APPROVED AS TO FORM: · CITY' 'ATTORNEY