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CM 1994-07-26 MINUTES OF JULY 26, 1994 The City Council of the City of Coppell met in Regular Called Session on Tuesday, July 26, 1994 at 6:00 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Tom Morton, Mayor Ron Robertson, Mayor Pro Tem Norm Alexander, Councilmember Flo McFadden Stahly, Councilmember Mitch Reitman, Councilmember Lanny Mayo, Councilmember Candy Sheehan, Councilmember Councilmember Watson was absent from the meeting. Also present were City Manager Jim Witt, Acting City Secretary Linda Grau and City Attorney Peter G. Smith. REGULAR SESSION (Open to the Public) 1. Call to order Mayor Morton called the meeting to order and adjourned into Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Texas Government Code, Section 551.071, Consultation with City Attorney. 1. The remaining claims of John Robinson, Kamwell Inc., and Lonestar Country Club, Inc. 2. CED Construction, Inc. et al, vs. The City of Coppell. Mayor Morton convened into Executive Session at 6:10 p.m. as allowed under the above-stated article. Mayor Morton adjourned the Executive Session at 7:10 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. North Texas Commission. B. Status of Home Rule Charter. REGULAR SESSION (Open to the Public) 4. Reconvene Regular Session. 5. Invocation. Councilmember Sheehan asked those present to join her in a moment of silence. CM072694 Page 1 of 5 6. Pledge of Allegiance. Mayor Morton led those present in the Pledge of Allegiance. 7. Citizen's Appearance. A. Lani Constandse, spoke to the Council concerning the landscaping at City Hall. City ~ Manager Jim Witt addressed some of the points made by Ms. Constandse. B. Steve Houghton, 657 DeForest, expressed his approval that the City has control over the lift station and that the City has been actively working to improve the situation. C. Marcy Hempel, 563 Arbor Brook, represented a committee from Rejoice Lutheran Church, regarding a fundraising project called "The Pumpkin Patch" and requested a sign variance for such project. D. Pat Keenan, 412 Wellington, spoke on behalf of the Coppell Homeowner's Network regarding the CED Construction lawsuit and the best use of the land involved. CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: July 8, 1994 July 12, 1994 B. Acceptance of the resignation of Don Meador, Planning and Zoning Commission, whose term expires October, 1994. C. Consideration and approval of the Use Agreement with Dallas County for Grapevine Springs, and authorizing the Mayor to sign. D. Consideration and approval of a resolution endorsing the efforts of the Denton County Commissioners Court and its collaborative partnership with the Texas Transportation Commission in seeking mutually beneficial solutions to the area's transportation infrastructure needs and in particular S.H. 121, and authorizing the Mayor to sign. E. Consideration and approval of a resolution calling for a Public Hearing on September 13, 1994 to consider Land Use Assumptions for the development of Impact Fees in accordance with Chapter 395 of the Local Government Code, and authorizing the Mayor to sign. F. Consideration and approval of an agreement with Family Medicine Associates of Texas, P.A., to perform annual medical physicals for all certified fire personnel in accordance with various NFPA and OSHA/EPA guidelines and conduct lifestyle/fitness education seminars in an amount not to exceed $19,380 and authorizing the City Manager to sign. G. Consideration of a variance from Section 10-8-4 of the Coppell Sign Ordinance which addresses the requirement for a building permit or utility construction permit to be issued prior to allowance of a temporary construction sign advertising the coming of a new business. CM072694 Page 2 of 5 0 ' ': 3 This request is made by Mr. Paul Vernon on behalf of the John T. Evans Company, owners of the proposed Wynnpage Plaza Shopping Center, to be located at the northwest corner of Wynnpage Drive and Denton Tap Road. H. Consider awarding Bid No. Q-0694-02 for contracting of the Records Inventory to Hart Forms & Services in the amount of $12,410. Mayor Pro Tern Robertson moved to approve Consent Agenda Items 8 A, B, C, D carrying Resolution 072694.1, E carrying Resolution 072694.2, F, G and H; and Regular Session Item 10 approving Ordinance No. 94657 and Item 11 approving Ordinance No. 94658, and authorizing the Mayor to sign. Councilmember Mayo seconded the motion; the motion carried 6-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Stahly, Watson, Reitman, Mayo, and Sheehan voting in favor of the motion. 9. Discussion and consideration of a variance from Section 10-5-3 B of the Coppell Sign Ordinance which limits allowable areas for attached signage to one (1) sq. ft. of signage for each lineal foot of building frontage. This request is made by Little Caesar Enterprises, Inc. on behalf of the Little Caesars Pizza being constructed at Riverchase Plaza Shopping Center to allow one attached sign totaling 35 square feet in area or a variance of 15 sq. ft. over the 20 sq. ft. allowable area. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Clyde George, 1814 Round Lake, Houston, Texas, representing the Applicant, made a presentation to the Council. A vote of Council was taken as to whether citizens would be allowed to speak regarding this item. Councilmembers Stahly, Reitman and Sheehan voted in favor of allowing citizens to speak; and Mayor Pro Tem Robertson and Councilmembers Alexander and Mayo voted against allowing citizens to speak; thereby creating a tie vote. Mayor Morton broke the tie by voting against allowing citizens to speak. After lengthy discussion, Councilmember Mayo moved to deny a variance from Section 10-5-3 of the Coppell Sign Ordinance which limits allowable areas for attached signage to one (1) sq. ft. of signage for each lineal foot of building frontage. Councilmember Sheehan seconded the motion; the motion to deny carried 6-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Stahly, Reitman, Mayo, and Sheehan voting in favor of the motion. 10. Discussion and consideration of an ordinance amending the Code of Ordinances to add Section 8-3-6 making it unlawful for any person to stop, park and/or stand any truck tractor, road tractor, semi-trailer, or truck with a rated capacity in excess of one and one/half tons upon any street or alley within a non-residential area of the City for longer than four (4) hours and authorizing the Mayor to sign. This item was considered along with Consent Agenda Item 8. See Item 8 above for minutes. 11. Consideration and approval of a Revised Special Event Ordinance, amending --~ Section 6-5-2 to add Subsection C, to authorize the City Manager to waive fees and other costs for non-profit groups for parades and special events, and authorizing the Mayor to sign. This item was considered along with Consent Agenda Item 8. See Item 8 above for minutes. CM072694 Page 3 of 5 12. Necessary action resulting from Executive Session. There was no action necessary under this item. 13. City Manager's Report. A. City Manager Jim Witt reported on the meeting which was held on July 25, 1994 regarding Sandy Lake Road expansion. B. City Manager Jim Witt addressed the issue of loss of water on Monday, July 18, 1994 and a water main that broke on Sunday, July 24, 1994. 14. Mayor's Report. A. Mayor Morton announced he had attended a North Texas Commission meeting where Dallas/Fort Worth was discussed as being a distribution hub. B. Mayor Morton stated that he would be travelling Thursday, July 28, 1994 with the Coppell Chamber of Commerce, Denton Chamber, the Denton County Commissioners and TU to testify before the Texas Highway Department regarding funding and acceleration of funding of the 121 by-pass. C. Mayor Morton brought forward and read a Proclamation regarding the "National Night Out" to be August 2, 1994. D. Fire Chief/Assistant City Manager Clay Phillips advised that a softball game between the Police and Fire Departments would be held on August 30, 1994 at 7:30 p.m. at Andrew --- Brown Park. 15. Liaison Reports. Coppell Historic District Commission -- Councilmember Alexander stated that a public hearing had been held for the Historic District. City/CISD Liaisons -- Councilmember Stahly announced she had attended a School Board Meeting on July 25, 1994 along with Rick Wieland from the Parks Department to present a joint use agreement for Pinkerton Fields. Economic & Business Development Board -- Councilmember Stahly advised that the Economic & Business Development Board in conjunction with the Economic Development Partnership will be hiring Phantus Consulting to develop a strategic plan for economic development. Councilmember Reitman stated he had also attended the budget meeting and wanted to congratulate the Board on commissioning an economic development study. YMCA -- Councilmember Stably announced that the YMCA is conducting sign-ups for after- school care. Councilmember Stahly thanked the City Recreation Department for holding the recreation program during the summer. Councilmember Reitman addressed the issue of the water main break and urged that funding be kept in the budget for unforeseen mishaps. Park Board -- Councilmember Mayo thanked the Park Board for hosting a tour of the City's park facilities for the City Councilmembers. CM072694 Page 4 of 5 Finance Committee -- Mayor Pro Tem Robertson reported that the Finance Committee will have another meeting on Thursday, July 28, 1994 and should finish the budget. Library_ Board -- Councilmember Sheehan stated she and Councilmember Alexander had attended the Library Board meeting. Councilmember Sheehan reported that at the last Northeast Texas Library System meeting a former Coppell Library Board member, John Hill, was given a proclamation declaring him "Special Person of the Year" for his work on behalf of libraries. Also there are over 600 children enrolled in the summer reading program. Mayor Morton announced that there would be a Consumer Trade Fair coming up and that the City of Coppell had received a request to have a booth. There being no further business to come before the City Council, the meeting was adjourned. ATTEST: Tom Morton, Mayor Linda Grau, Acting City Secretary CM072694 Page 5 of 5