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CM 1994-09-13 MINUTES OF SEPTEMBER 13, 1994 The City Council of the City of Coppell met in Regular Called Session on Tuesday, September 13, 1994 at 6:00 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Ron Robertson, Mayor Pro Tem Norm Alexander, Councilmember Flo McFadden Stahly, Councilmember Danny L. Watson, Councilmember Lanny Mayo, Councilmember Candy Sheehan, Councilmember Mayor Morton and Councilmember Reitman were 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 Pro Tern Robertson 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 551.074, Personnel Matter -- 1. Appointments to Board of Adjustment. 2. Appointments to Planning & Zoning Commission. 3. Appointments to Building & Standards Commission. 4. Status of Police Chief. B. Texas Government Code, Section 551.071, Consultation with City Attorney 1. Land acquisition. Mayor Pro Tem Robertson convened into Executive Session at 6:13 p.m. as allowed under the above-stated article. Mayor Pro Tem Robertson adjourned the Executive Session at 6:55 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Appointments to the City's Boards and Commissions. B. Discussion of Board and Commissions Reception. -- C. Discussion of land use assumptions for the development of impact fees. D. Discussion regarding library automation bid review. REGULAR SESSION (Open to the Public) 4. Reconvene Regular Session. CM091394 Pagel of 8 5. Invocation. Councilmember Mayo led those present in the invocation. 6. Pledge of Allegiance. Mayor Pro Tem Robertson led those present in the Pledge of Allegiance. 7. Citizen's Appearances. A. Ed Caldwell, 601 Shadowcrest, spoke to Council regarding the speed limit and traffic conditions on Moore Road. B. Roger Hart, 733 Cardinal Lane, addressed the Council regarding the proposed Sandy Lake Road expansion and the TU utility poles. C. Becky Chairez, 944 Pental Court, presented the Council with petitions which had been signed by people against having the TU utility poles in the median of the new Sandy Lake Road. D. Gayle Bridgeman, 128 Sand Point Court, addressed Council regarding the TU utility poles on the proposed Sandy Lake expansion. E. Mark Monse, 125 Simmons, spoke regarding the TU utility poles on the proposed Sandy Lake expansion. F. Doug Roberts, 108 Sand Point Court, spoke regarding the TU utility poles on the proposed Sandy Lake expansion. G. Brock Leach, 117 Sand Point Court, spoke regarding the TU utility poles on the proposed Sandy Lake expansion. Mayor Pro Tem Robertson expressed his desire to postpone the Sandy Lake Road expansion until Staff and Council Liaisons, Candy Sheehan and Lanny Mayo, can have an opportunity to work with TIJ Electric to arrive at some alternate plans. Consensus of Council was to place an item on the next agenda. CONSENT AGENDA 8. Consideration and approval of the following consent agenda items: A. Minutes of: August 23, 1994 B. Consideration and approval of an Ordinance amending Chapter 1 of the Code of Ordinances by amending Section 1-10-6.2.1, Subjects not Appearing on the Agenda, and authorizing the Mayor Pro Tem to sign. C. Consideration and approval of an ordinance abandoning a utility easement along the rear of Lot 3, Block 8 North Lake Woodlands and authorizing the Mayor Pro Tem to sign. D. Consideration and approval of a contract with Shimek, Jacobs & Finklea Consulting Engineers to provide professional services associated with the design of a six million gallon ground storage tank and CM091394 Page 2 of 8 associated pumping facilities at the existing Village Parkway pump site generally located at the northeast intersection of MacArthur Blvd. and Sandy Lake Road in the amoUnt of $156,500.00 and authorizing the Mayor Pro Tem to sign. E. Consideration and approval of an Ordinance amending Section 2-3-4-D of the Code of Ordinances, and amending Ordinance 94663 to eliminate the requirement that the organizational meeting of the "Keep Coppell Beautiful" Committee be conducted in May of each year, and authorizing the Mayor Pro Tem to sign. F. Reconsideration and approval of a Final Plat for Latter Day Saints Addition located along the south side of MacArthur Boulevard, approximately 700 feet east of Samuel Boulevard, at the request of Dowdey, Anderson & Associates. G. Consideration and approval of a contract for the renewal of Dallas County Health Services' Agreement effective October 1, 1994, to September 30, 1995, in the amount of $3,391.00, and authorizing the Mayor Pro Tem to sign. H. Consideration and approval of a resolution to authorize the City Manager to execute an agreement between the Texas Forest Service and the City of Coppell, and authorizing the Mayor Pro Tem to sign. Councilmember Mayo moved to approve Consent Agenda Items 8 A, B carrying Ordinance 94665, C carrying Ordinance No. 94666, D, E carrying Ordinance No. 94667, F, G and H carrying Resolution No. 091394.1. Councilmember Watson seconded the motion; the motion carded 6-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Stahly, Watson, Mayo, and Sheehan voting in favor of the motion. 9. Consider appointments to the City's Boards and Commissions. American Red Cross Representative Councilmember Sheehan moved to: 1) reappoint Dorothy McPhail as the American Red Cross Representative; and 2) to reappoint Doug Stover as Alternate. Councilmember Mayo seconded the motion; the motion carried 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stably, Watson, Mayo, and Sheehan voting in favor of the motion. Animal Control Appeals Board Councilmember Stably moved to appoint Dr. Reid Garfield as the veterinarian to the Animal Control and Appeals Board for a two-year term. Councilmember Alexander seconded the motion; the motion carried 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stahly, Watson, Mayo, and Sheehan voting in favor of the motion. CM091394 Page 3 of 8 Board of Adjustment Councilmember Mayo moved to: 1) reappoint Jerde Kertz and Ron Wensel as Commissioners; 2) elevate David Hymer from Alternate to Commissioner; 3) appoint David Stonecipher to replace David Hymer as Alternate; and 4) appoint James Bayne as Alternate. Councilmember Alexander seconded the motion; the motion carried 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stably, Watson, Mayo, and Sheehan voting in favor of the motion. Building and Standards Commission Councilmember Alexander moved to: 1) elevate Stephen Brandt and John Blaess from Alternate to Commissioner to replace John Thompson and Charles Hyman; and 2) appoint Thomas Hill as Alternate. Councilmember Mayo seconded the motion; the motion carded 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stahly, Watson, Mayo, and Sheehan voting in favor of the motion. Cable Review Board Councilmember Sheehan moved to: 1) reappoint Margaret Quinn and Wayne Richard to the Board; 2) appoint Donald Bailey to replace Lisa Cavender as a Board member; and 3) appoint Edwin Towell as Alternate. Councilmember Stahly seconded the motion; the motion carried 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stahly, Watson, Mayo, and Sheehan voting in favor of the motion. Disciplinary Appeals Advisory Board Councilmember Watson moved to: 1) reappoint Shad Guess and Douglas Shaw to the Board; and 2) appoint Kevin O'Teter to replace Richard Heinsius. Councilmember Mayo seconded the motion; the motion carried 6-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Stahly, Watson, Mayo, and Sheehan voting in favor of the motion. Library Board Councilmember Sheehan moved to: 1) reappoint Melinda Surbaugh, Jeanne Heath and Dale Griffiths to the Board; and 2) appoint Beth Still as Alternate to replace Norma Castleberry. Councilmember Alexander seconded the motion; the motion carried 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stahly, Watson, Mayo, and Sheehan voting in favor of the motion. CM091394 Page 4 of 8 Park Board Councilmember Watson moved to: 1) reappoint Amy Spicer Smith, Charles Markham and Timothy Higgins; and 2) appoint Diana Raines as Alternate to replace Robert Mathis and James Still to fill the Alternate position which is vacant. Councilmember Sheehan seconded the motion; the motion carded 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stahly, Watson, Mayo, and Sheehan voting in favor of the motion. Planning and Zoning Commission Councilmember Mayo moved to: 1) reappoint George Redford as Commissioner; and 2) appoint Texx Stewart and Chuck Sturges as Commissioners. Councilmember Alexander seconded the motion; the motion carried 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stahly, Watson, Mayo, and Sheehan voting in favor of the motion. Mayor Pro Tem Robertson announced that the members will be sworn in at the City Council Meeting on September 27, 1994 and a Board/Commission reception will be held at 6:00 p.m. prior to the City Council Meeting. 10. PUBLIC HEARING: To receive public comment concerning the Proposed -- 1994-95 Municipal Budget. Mayor Pro Tem Robertson opened the Public Hearing and asked for those persons wishing to speak against this proposal. There were none. He then asked for those persons wishing to speak in favor of this proposal. Again, there were none. Mayor Pro Tem Robertson then closed the Public Heating. 11. Consideration and approval of an ordinance approving and adopting the Budget for the City of Coppell for the Fiscal Year October 1, 1994 through September 30, 1995, and authorizing the Mayor Pro Tern to sign. Councilmember Mayo commended Mayor Pro Tem Robertson, the Finance Committee and City Staff for their work on the Budget. Councilmember Mayo moved to approve Ordinance No. 94668 adopting the Budget for the City of Coppell for the Fiscal Year October 1, 1994 through September 30, 1995 and authorizing the Mayor Pro Tem to sign. Councilmember Watson seconded the motion; the motion carried 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stahly, Watson, Mayo, and Sheehan voting in favor of the motion. 12. Consideration and approval of an Ordinance of the City of Coppeli, levying the Ad Valorem Taxes for the year 1994 at $0.6695/$100 taxable valuation, and authorizing the Mayor Pro Tem to sign. Councilmember Watson moved to approve Ordinance No. 94669 levying the Ad Valorem Taxes for the year 1994 at $0.6695/$100 taxable valuation, and authorizing the Mayor Pro Tem to sign. Councilmember Mayo seconded the motion; the motion carded 6-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Stably, Watson, Mayo, and Sheehan voting in favor of the motion. CM091394 Page 5 of 8 13. PUBLIC HEARING: (Continuation) Consideration and approval of a zoning change, Case #ZC-553(CH) from TH-1 and MF-1 to any appropriate zoning district classification, including, but not limited to, SF-7, SF-9, SF-12, SF-18, SF-ED, MF-1 and/or O, on approximately 30 acres of land located on two tracts; Tracts A-1 and A-2 situated along the east side of MacArthur Boulevard; north of the TU Electric right-of-way line. This Public Hearing remained open from the August 9, 1994 City Council meeting. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council and announced that he had received written opposition to this item and therefore any zoning change would require a 3/4 vote of Council. Mayor Pro Tem Robertson asked for those persons wishing to speak against this proposal. There were none. He then asked for those persons wishing to speak in favor of this proposal. Again, there were none. Jerry Ragsdale, owner of the property, asked for another thirty-day continuance on the moratorium. Councilmember Alexander moved to close the Public Hearing and change the zoning on Tract A-1 to SF-7 (Single Family-7)and Tract A-2 to O (Office). Councilmember Mayo seconded the motion; the motion carried 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stahly, Watson, Mayo, and Sheehan voting in favor of the motion. 14. PUBLIC HEARING: Consideration and approval of Valley Ranch Center, Replat of Lot B-R3, Lots C and D, located at the southeast corner of MacArthur Boulevard and Beltline Road, at the request of Brockette-Davis- Drake, Inc. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Pro Tern Robertson opened the Public Heating and asked for those persons wishing to speak against this proposal. There were none. He then asked for those persons wishing to speak in favor of this proposal. Again, there were none. Councilmember Mayo moved to close the Public Hearing and approve the Valley Ranch Center, Replat of Lot B-R3, Lots C and D, located at the southeast corner of MacArthur Boulevard and Beltline Road. Councilmember Alexander seconded the motion; the motion carded 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stahly, Watson, Mayo, and Sheehan voting in favor of the motion. 15. PUBLIC HEARING: Consideration of approval of a resolution adopting the Land. Use Assumptions for the development of Impact Fees and authorizing the Mayor Pro Tem to sign. Ken Griffin, Assistant City Manager/City Engineer, made a presentation to the Council. Mayor Pro Tem Robertson opened the Public Heating and asked for those persons wishing to speak against this proposal. There were none. He then asked for those persons wishing to speak in favor of this proposal. Again, there were none. Councilmember Stahly moved to close the Public Heating and approve Resolution No. 091394.2 adopting the Land Use Assumptions for the development of Impact Fees and authorizing the Mayor Pro Tem to sign. Councilmember Sheehan seconded the motion; the motion carded 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stahly, Watson, Mayo, and Sheehan voting in favor of the motion.. 16. Consideration and approval of Birdsong Addition, Preliminary Plat, to allow a single-family residence on 5 acres of property located east of MacArthur Boulevard, north of DeForest Road, at the request of R. E. Spiars Engineers. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Bruce Birdsong, Applicant, addressed the Council and asked for allowances regarding escrow for DeForest Road, septic system, alley, and hike and bike trail. Ken Griffin, Assistant City Manager/City Engineer, addressed the Council concerning the sewer line. Councilmember CM091394 Page 6 of 8 Sheehan moved to approve Birdsong Addition, Preliminary Plat to allow single-family residence on 5 acres of property located east of MacArthur Boulevard, North of DeForest Road with the following conditions: 1) escrow will be due at the time of development of DeForest Road; 2) septic system will be allowed as long as it meets with all septic requirements; and 3) hike and bike trail to be installed immediately, subject to approval of the City Engineer. Councilmember Stahly seconded the motion; the motion carried 6-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Stahly, Watson, Mayo, and Sheehan voting in favor of the motion. 17. Consideration and approval of a request from Coppell Chamber of Commerce to A. Waive all applicable fees in conjunction with the Fifth Annual Consumer Trade Fair October 8, 1994 at Coppell High School. B. Allow a banner at the entrance to the High School. C. Allow banners which measure approximately 2' x 4' on electrical poles along Denton Tap Road, and additional road signs in various locations throughout the City. D. Grant a variance to Sign Ordinance, Section 10-4-3-B, so Trade Fair may use the Remax Hot Air Balloon. E. Waive fees for food booths but not inspection and health code requirements. F. Indicate the date, time and place of the Trade Fair on the Water Bills. Councilmember Sheehan moved to approve the request from Coppell Chamber of Commerce to 1) waive all applicable fees in conjunction with the Fifth Annual Consumer Trade Fair October 8, 1994 at Coppell High School; 2) allow a banner at the entrance to the High School; 3) allow banners which measure approximately 2' x 4' on electrical poles along Denton Tap Road, and additional road signs in various locations throughout the City; 4) grant a variance to Sign Ordinance, Section 10-4-3-B, so Trade Fair may use the Remax Hot Air Balloon; 5) waive fees for food booths but not inspection and health code requirements; and 6) indicate the date, time and place of the Trade Fair on the Water Bills. Councilmember Stahly seconded the motion; the motion carded 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stahly, Watson, Mayo, and Sheehan voting in favor of the motion. 18. Consideration and approval 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. The request is made by Mr. Paul Vernon on behalf of the John T. Evans Company, owners of the proposed BeltlinefMacArthur Shopping Center, to be located at the southwest corner of Beltline Road and MacArthur Road. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Councilmember Sheehan moved to approve 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 to be located at the southwest comer of Beltline Road and MacArthur Boulevard. Councilmember Watson seconded the motion; the motion carded 6-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Stably, Watson, Mayo, and Sheehan voting in favor of the motion. 19. Necessary action resulting from Executive Session. No action was necessary under this item. CM091394 Page 7 of 8 20. City Manager's Report. Jim Witt, City Manager, commented on the budget and the time spent by the Finance Committee, Council and Staff. 21. Mayor Pro Tem's Report. Mayor Pro Tem Robertson commended Mayor Morton on the great amount of time spent in ---' attending all the meetings and functions required of him. 22. Liaison Reports. Library Board - Councilmember Sheehan stated that the Board met last week and Staff reported that construction of the new library is on time and within budget. Office on Aging - Councilmember Stably advised she had attended an Office on Aging meeting and reminded everyone of the annual golf tournament fundraiser. Economic and Business Development - Councilmember Stably stated that Fantas has initiated its economic and business marketing survey and a transition has begin from Economic and Business Development to the Partnership which should be completed by the end of the year. YMCA -- Councilmember Stably reminded everyone that the Patron's Ball "Denim & Diamonds" will be held on October 15, 1994. Finance Committee -- Mayor Pro Tem Robertson advised that the Finance Committee had met regarding the fund balance and asked for input from the Council and school liaisons, seniors and library. ---, There being no further business to come before the City Council, the meeting was adjourned. Ron Robertson, Mayor Pro Tem ATTEST: Linda Grau, Acting City Secretary CM091394 Page 8 of 8