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CM 1995-09-12 MINUTES OF SEPTEMBER 12, 1995 The City Council of the City of Coppell met in Regular Called Session on Tuesday, September 12, 1995 at 5:00 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 Chuck Sturges, Councilmember Danny L. Watson, Councilmember Marsha Tunnell, Councilmember I.anny Mayo, Councilmember Candy Sheehan, Councilmember Also present were City Manager Jim Witt, Administrative Secretary Libby Ball 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 Budget Workshop. BUDGET WORKSHOP City Manager Jim Witt made opening comments and introduced Jennifer Armstrong, Assistant Finance Director, who gave a budget presentation. Chad Beach, Tax Assessor, was asked to give a presentation on the water and sewer portion of the proposed budget. Projected General Fund Revenues ................ $12,444,260. Projected Sales Tax Revenues ..................... 1,190,000. Projected Building Permits ........................ 700,000. Projected General Expenditures Public Safety ............................ 5,369.699. General Government ....................... 3,058,873. Public Works ............................ 2,234,234. Culture & Recreation ....................... 1,536,454. General Fund - Undesignated Fund Balance ........... $1,270.823. CM091295 Page 1 of 14 Walkforward of Fund Balance - General Fund Beginning Fund Balance 10-01-94 ............... 2,977,804. Add: Projected Revenues FY 95 ............... 10,815,753. Less: Projected Expenditures FY 95 ............ 12,407,734, Projected Fund Balance 09-30-95 ................ 1,385,823. Add: Projected Revenues FY 96 ............... 12,444,260. Less: Projected Expenditures FY 96 ............. 12,444,260. 1.385.832, Fund Balance: Designated for ADA .................... 115,000. Designated for Capital Projects ................. 0. Unreserved, Undesignated ............... 1,270,823. Projected Fund Balance 09-30-96 ................ 1,385,823. Debt Service Fund Revenues: Property Taxes ...................... 3,787,150. Interest Income ....................... 137,168. Expenditures: Interest Expense ...................... 2,608,223. Bond Principal ...................... 2,000,109. Agency Fees .......................... 16,100. Capital Replacement Fund Revenues: Repayment Revenue ..................... 68,417. Interest .............................. 5,000. Expenditures: Fleet Replace ........................ 162,940. Walkforward of Retained Earnings Beginning Retained Earnings 10-01-94 ............. 300,000. Add: Projected Revenues FY 95 .................. 32,268. Less: Projected Expenses FY 95 ................. 144,108. Projected Retained Earnings 09-30-95 .............. 188,160. Add: Projected Revenues FY 96 .................. 73,417. Less: Projected Expenses FY 96 ................. 162,940. Projected Retained Earnings 09-30-96 .............. $ 98,637. CM091295 Page 2 of 14 __ Special Revenue Funds Child Safety Fund Revenues ............................. 3,300. Expenditures ............................. 0. Police Special Revenue Fund Revenues .............................. 310. Expenditures ............................. 0. Parks Special Revenue Fund Revenues: Park Fees Z1 ..................... 64,250. Park Fees ........................ 5,000. Park Fees Z2 .................... 128,500. Interest Income ..................... 8,000. Expenditures ............................. 0. Donations Special Revenue Fund Revenues: Keep Coppell Beautiful ................ 3,000. Development ...................... 3,200. Fire ............................ 3,800. Parks ........................... 3,200. Library .......................... 4,400. Recycling ....................... 25,000. -- Interest .......................... 3,500. Expenditures: Keep Coppell Beautiful ................ 3,000. Recycling ....................... 17,950. Youth Recreational Programs Fund Revenues ............................. 9,850. Expenses ............................. 3,120. Water and Sewer Fund Revenues ................... 8,770,113. Water and Sewer Fund Expenses Cost of Water ........................... 1,646,670. Cost of Sewer ........................... 1,438,528. Utility Billing ............................. 257,093. Utility Operations .......................... 836,727. Combined Service ......................... 1,667,423. Debt Service ............................ 2,118,261. (The supporting documentation for the budget is filed in the official files of the City Secretary's Office.) CM091295 Page 3 of 14 EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.072, Texas Government Code - Deliberation regarding real property. 1. Park acquisition B.Section 551.074, Texas Government Code - Personnel Matters. 1.Consider appointments to: a. Board of Adjustments b. Building and Standards Commission c. Planning and Zoning Commission Mayor Morton convened into Executive Session at 6:12 p.m. as allowed under the above-stated article. Mayor Morton adjourned the Executive Session at 7:02 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Parks of Coppell Homeowners' Association B. Discussion of Board/Commission/Committee Appointments REGULAR SESSION (Open to the Public) 4. Reconvene Regular Session. 5. Invocation Councilmember Watson asked those present to bow for a moment of silent prayer. 6. Pledge of Allegiance. Mayor Morton led those present in the Pledge of Allegiance. 7. Citizens' Appearances. A. Ed Caldwell, 601 Shadowcrest, addressed the Council concerning criminal activity by taxpaid authorities. B. Dean Wilkerson, 538 Rolling Hills Drive, requested that Council pull Consent Agenda Item 10 O. CM091295 Page 4 of 14 8. Report from Council Committee on Funfest. City Manager Jim Witt discussed with Council the need for the City to take a more active role in Funfest and asked Councilmember Tunnell to expound on the matter. Councilmember Tunnell suggested that the festival be a "Pigfest" with a variety of activities, i.e. Pigs in a Blanket, Hamslam, Pignic, etc. The date of the festival will need to be addressed due to Special Olympics being held in Coppell next April. 9. Consider appointments to the City's Boards, Commissions and Committees. American Red Cross Representative Councilmember Sturges moved to appoint Douglas Stover as the American Red Cross Representative for a one-year term and M. Richard Murphy for the alternative position to the American Red Cross for a one-year term. Councilmember Mayo seconded the motion; the motion carded 7-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Sturges, Watson, Tunnell, Mayo, and Sheehan voting in favor of the motion. Animal Control Appeal Board Councilmember Mayo moved to appoint Marie Dahmer as the Citizen Board Member of the Animal Control Appeal Board for a two-year term and George Marczuk as the alternate member of the Animal Control Appeal Board for a two-year term. Mayor Pro Tern Robertson seconded the motion; the motion carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Sturges, Watson, Tunnell, Mayo, and Sheehan voting in favor of the motion. Board of Adjustment Mayor Pro Tem Robertson moved to reappoint Gregory Frnka and Donald Bizzell as full members on the Board of Adjustment for two-year terms and to appoint David Middlebrook and Kip Allison as alternate members on the Board of Adjustment for two-year terms. Councilmember Sheehan seconded the motion; the motion carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Sturges, Watson, Tunnell, Mayo, and Sheehan voting in favor of the motion. Building and Standards Commission Councilmember Alexander moved to reappoint Randy Bollig, William McGinnis and Mark Weisenbach as full members on the Building and Standards Commission for two-year terms, appoint Thomas Hill as a full member on the Building and Standards Commission for a one-year term, appoint Mark LeGros and Eric Reinhart as alternate members on the Building and Standards Commission for two-year terms and appoint Shean Dalton and David Lucero as alternate members on the Building and Standards Commission for one-year terms. Councilmember Mayo seconded the motion; the motion carded 7-0 with Mayor Pro Tem CM091295 Page 5 of 14 Robertson and Councilmembers Alexander, Sturges, Watson, Tunnell, Mayo, and Sheehan voting in favor of the motion. Economic Development Partnership Committee Councilmember Sheehan moved to appoint Dixon Rich to the Economic Development Partnership Committee for a one-year term. Councilmember Sturges seconded the motion; the motion carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Sturges, Watson, Tunnell, Mayo, and Sheehan voting in favor of the motion. Library_ Board Councilmember Sheehan moved to reappoint Ken Hevron as a full member on the Library Board for a two-year term, to appoint Donna Still, Lex Ann Seifert and Thomas Crampton as full members of the Library Board for two-year terms, to appoint Sheila Busby as an alternate member of the Library Board for a two-year term, and appoint Peter Nikolai as an alternate member to the Library Board for a one-year term. Councilmember Alexander seconded the motion; the motion carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Sturges, Watson, Tunnell, Mayo, and Sheehan voting in favor of the motion. Park Board Councilmember Watson moved to reappoint Billy Faught as a full member to the Park Board for a two-year term, to appoint James Still, Diana Raines, Elizabeth Bargar as full members to the Park Board for two-year terms, appoint Brian Francis as a full member to the Park Board for a one-year term; to appoint Scott Williams as an alternate member to the Park Board for a two-year term and appoint Roger Beless as an alternate member to the Park Board for a one-year term. Councilmember Tunnell seconded the motion; the motion carded 7-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Sturges, Watson, Tunnell, Mayo, and Sheehan voting in favor of the motion. Planning and Zoning Commission Councilmember Tunnell moved to reappoint Stan Lowry and Larry Wheeler as full members to the Planning and Zoning Commission for two-year terms and appoint Richard McCaffrey and Madge Cruse as full members of the Planning and Zoning Commission for two-year terms. Councilmember Alexander seconded the motion; the motion carded 7-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Sturges, Watson, Tunnell, Mayo, and Sheehan voting in favor of the motion. Telecommunication Board Councilmember Sturges moved to reappoint Wayne Casa and Daniel Green as full members to the Telecommunication Board for two-year terms and to reappoint Andrew Bardach as an ..... alternate member to the Telecommunication Board for a two-year term. Councilmember CM091295 Page 6 of 14 Sheehan seconded the motion; the motion carded 7-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Sturges, Watson, Tunnell, Mayo, and Sheehan voting in favor of the motion. Mayor Morton announced that the Keep Coppell Beautiful Committee and the Tree Board had been held open for receiving applications and these positions would be filled after the closing date. Mayor Morton reopened the Citizen's Appearance portion of the meeting at this time to allow Dean Wilkerson to address his concerns to Council regarding Consent Agenda Item 10 O. CONSENT AGENDA 10. Consider approval of the following consent agenda items: A. Consider approval of minutes: August 22, 1995 August 26, 1995 B. Consider approval of an ordinance revising the City of Coppell Thoroughfare Plan to designate Sandy Lake Road as a four-lane divided boulevard (C4D) from Denton Tap Road to future Freeport r_ Parkway and authorizing the Mayor to sign. C. Consider approval of extending the contract with Sandy Lake Animal Itospital for services for a period from September 1, 1995 to August 31, 1996, in an amount not to exceed $18,150.00, and authorizing the Mayor to sign. D. Consider approval of a variance to Section 10-5-2(C) of the City of Coppell Sign Ordinance to reduce the required 75-foot setback from property lines other than those fronting a street right-of-way, to approximately 8 feet for the North side of the property located at 250 S. Denton Tap Road. This variance is being requested by Mr. Lenny Poulsen for White Glove Car Wash. E. Consider approval of an ordinance amending Article 15-1 of the Code of Ordinances to adopt the Uniform Building Code, 1994 Edition, with amendments, and authorizing the Mayor to sign. F. Consider approval of an ordinance amending Article 15-5 of the Code of Ordinances to adopt the Uniform Fire Code, 1994 Edition, and the CM091295 Page 7 of 14 Uniform Fire Protection Code Standards, 1994 Edition, with amendments, and authorizing the Mayor to sign. G. Consider approval of an ordinance amending Article 15-3 of the Code of Ordinances to adopt the Uniform Mechanical Code, 1994 Edition, with amendments, and authorizing the Mayor to sign. H. Consider approval of an ordinance amending Article 15-2 of the Code of Ordinances to adopt the National Electrical Code, 1993 Edition, and the Uniform Administrative Code Provisions for the National Electric Code, 1993 Edition, with amendments, and authorizing the Mayor to sign. I. Consider approval of an Ordinance, with a special condition, for Case No, S-1097 (Southwestern Mobile Cell Site), to change the zoning from LI-S.U.P. (Light Industrial, Special Use Permi0 to LI-S.U.P. (Light Industrial, Special Use Permit), for property located on the east side of Royal Lane, approximately 990 feet south of Thweatt Road, and authorizing the Mayor to sign. J. Consider approval of an Ordinance, with special conditions, for S-1096 (N.Y. Bagel Company), to change the zoning from LI (Light Industrial) to LI-S.U.P. (Light Industrial, Special Use Permit), for property located in the Valley Ranch Center at the southeast corner of MacArthur Boulevard and Beltline Road, and authorizing the Mayor to sign. K. Consider approval of an Ordinance approving an amendment to the budget for the Fiscal Year October 1, 1994 through September 30, 1995, and authorizing the Mayor to sign. L. Consider approval of a Resolution amending the Guidelines for Tax Abatement Agreements and the Guidelines for Tax Abatement, and authorizing the Mayor to sign. M. Consider approval to waive the screenwall requirements of Section 33 of the Zoning Ordinance as it would apply to Park West Business Center II in order to permit the location of unscreened loading areas 15 feet from the street rights-of-way on property located between Airline and Wrangler Drives, along the east side of Executive Drive. N. Consider approval of an Ordinance authorizing the issuance of City of Coppell, Texas General Obligation Bonds, Series 1995, in the principal CM091295 Page 8 of 14 amount of $1,170,000, ordaining other matters relating to the subject and authorizing the Mayor to sign. O. Consider approval of an Ordinance authorizing the issuance of City of Coppell, Texas Combination Tax and Revenue Certificates of Obligation, Series 1995-A, in the principal amount of $2,830,000, ordaining other matters relating to the subject and authorizing the Mayor to sign. Items D, F and H were pulled for further consideration. Items A, B, C, E, G, I, J, K, L, M, N and O -- Mayor Pro Tem Robertson moved to approve Consent Agenda Items A, B carrying Ordinance No. 95710, C, E carrying Ordinance No. 95711, G carrying Ordinance No. 95713, I carrying Ordinance No 91500-A-94, J carrying Ordinance No. 91500-A-95, K carrying Ordinance No. 95715, L carrying Resolution No. 091295.1, M, N carrying Ordinance No. 95716 and O carrying Ordinance No. 95717. Councilmember Alexander seconded the motion; the motion carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Sturges, Watson, Tunnell, Mayo, and Sheehan voting in favor of the motion. Item D -- Greg Jones, Chief Building Official, made a presentation to Council. Joe Ormond, representing Applicant, addressed the Council. Mayor Pro Tern Robertson moved to approve Consent Agenda Item 10 D. Councilmember Sheehan seconded the motion; the motion to approve failed 4-3 with Mayor Pro Tern Robertson and Councilmembers Mayo, and Sheehan voting in favor of the motion and Councilmembers Alexander, Sturges, Watson, and Tunnell voting against the motion. Item F -- Clay Phillips, Assistant City Manager/Fire Chief, made a presentation to the Council. Mayor Pro Tem Robertson moved to approve Consent Agenda Item F carrying Ordinance No. 95712 with a revision stating the sprinkler requirement pertains to any commercial property exceeding 5,000 square feet and 35 feet in height and any residential property exceexting 10,000 square feet. Councilmember Sheehan seconded the motion; the motion carded 7-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Sturges, Watson, Tunnell, Mayo, and Sheehan voting in favor of the motion. Item H -- Greg Jones, Chief Building Official, made a presentation to Council. Randy Bollig, Chairman of the Building and Standards Commission, addressed the Council concerning the conduit issue. CLVI091295 Page 9 of 14 Mayor Pro Tem Robertson moved to approve Consent Agenda Item 10 H carrying Ordinance No. 95714 with the inclusion of the requirement for conduit in commercial buildings. Councilmember Tunnell seconded the motion; the motion carried 6-1 with Mayor Pro Tem Robertson and Councilmembers Alexander, Sturges, Watson, Tunnell, and Mayo voting in favor of the motion and Councilmember Sheehan voting against the motion. Items E and F -- These two items were reopened for reconsideration. Mayor Pro Tem Robertson moved to amend the language in Consent Agenda Items 10 E and F to conform with changes as previously discussed by Council regarding the sprinkler system requirements. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Sturges, Watson, Tunnell, Mayo, and Sheehan voting in favor of the motion. 11. Consider approval of an ordinance amending the Code of Ordinances to add Article 9-17 to provide for "Curfew Hours For Minors" to help minimize juvenile crime and decrease the probability of juveniles becoming a victim of crime, and authorizing the Mayor to sign. David Miller, Police Chief, made a presentation to Council. Councilmember Watson moved to approve Ordinance No. 95718 amending the Code of Ordinances to add Article 9-17 to provide for "Curfew Hours For Minors" to help minimize juvenile crime and decrease the probability of juveniles becoming a victim of crime, and authorizing the Mayor to sign. Councilmember Sheehan seconded the motion; the motion carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Sturges, Watson, Tunnell, Mayo, and Sheehan voting in favor of the motion. 12. PUBLIC HEARING: To receive public comment concerning the Proposed 1995-96 Municipal Budget. Mayor Morton opened the Public Hearing and asked for those persons wishing to speak regarding this against this proposal. Dean Wilkerson, 538 Rolling Hills Road; Steve Berens, 328 Woodhurst Place; Mark Wolfe 628 Briarglen; Jim Cowman, 314 Parkview and Lou Duggan, 517 Rocky Branch spoke against the proposal. The Mayor then asked for those persons wishing to speak in favor of this proposal. Ken Hevron, 786 Pelican Lane; Dale Griffiths, 126 Wynnpage; and Ann McNear, 456 W. Bethel spoke in favor of the proposal. A recess was held at this time. Mayor Morton suggested that this item be remanded back to the Finance Committee for review and bring back to Council. Mayor Pro Tem Robertson commented regarding the statements of the Public Hearing speakers. Mayor Pro Tem Robertson moved to open the Public Hearing on Item 13 and to hold the Public Hearings on Item 12 and 13 open until the September 26, 1995 CM091295 Page 10 of 14 City Council meeting. Councilmember Mayo seconded the motion; the motion carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Sturges, Watson, Tunnell, Mayo, and Sheehan voting in favor of the motion. 13. PUBLIC HEARING: To receive public comment concerning a proposal to increase total tax revenue by .02 per $100 of taxable value; and, designate a date and time to vote on the tax rate. See Item 12 for minutes on this item. 14. PUBLIC HEARING: To consider designation of the Primera Coppell Properties I, Ltd, Tax Abatement area as a reinvestment zone pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone designation is that property owned by Primera Coppell Properties I, Ltd., described as Lot 5 Block 7, (13.8935 acres) of Park West Commerce Center. Mayor Morton opened the Public Hearing and asked for those persons wishing to speak regarding this proposal. There were none. Mayor Pro Tern Robertson moved to close the Public Hearing and designate Primera Coppell Properties I, Ltd., Tax Abatement area as a reinvestment zone pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act. Councilmember Sturges seconded the motion; the motion carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Sturges, Watson, Tunnell, Mayo, and Sheehan voting in favor of the motion. 15. Consider approval of an Ordinance designating the Primera Coppell Properties I, Ltd. Tax Abatement area as Reinvestment Zone No. 6; pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, said area being the property owned by Primera Coppell Properties I, Ltd, described as Lot 5 Block 7, (13.8935 acres) of Park West Commerce Center and authorizing the Mayor to sign. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Pro Tern Robertson moved to approve Ordinance No. 95719 designating the Primera Coppell Properties I, Ltd. Tax Abatement area as Reinvestment Zone No. 6 and Resolution No. 091295.2 approving a Tax Abatement Agreement between the City of Coppell and Primera Coppell Properties I, Ltd. and authorizing the Mayor to sign. Councilmember Sheehan seconded the motion; the motion carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Sturges, Watson, Tunnell, Mayo, and Sheehan voting in favor of the motion. CM091295 Page 11 of 14 16. Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Primera Coppell Properties I, Ltd. and authorizing the Mayor to sign. Considered under Item 15. See Item 15 for minutes. 17. PUBLIC HEARING: Consider approval of S-1098R, Lakeside Village, Phase II, zoning change from C (Commercial) and C-S.U.P. (Commercial, Special Use Permi0 to C-S.U.P. (Commercial, Special Use Permi0 to allow the development of a Kroger grocery store which includes a bank and a food court for restaurant use, located at the northwest corner of Sandy Lake Road and MacArthur Blvd. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Morton opened the Public Hearing and asked for those persons wishing to speak regarding this proposal. Gary Vickery, representing JBM Engineers and the Kroger Company, addressed the Council. Marcia Szerlip, 978 Laguna Drive spoke in opposition to this proposed item. Mayor Pro Tem Robertson moved to close the Public Hearing and approve S-1098, Lakeside Village, Phase II, zoning change from C (Commercial) and C-S.IJ.P. (Commercial, Special Use Permit) to C-S.U.P. (Commercial, Special Use Permit) to allow the development of a Kroger grocery store which includes a bank and a food court for restaurant use, located at the northwest comer of Sandy Lake Road and MacArthur Road with the following conditions: 1) subject to the site plan. A notation needs to be made to include the revised landscaping plan; 2) the applicant needs to confer with the City staff to determine the appropriate number and type of trees that will help buffer noise and light on the north and west side of the proposed building. The trash compactor area also needs to be screened with appropriate plants; 3) option 1 shall be used with regard to the monument sign; 4) that proposed signage be attached to the S.IJ.P.; and 5) delivery hours shall not commence before 6:00 a.m. and must end no later than 10:00 p.m. Councilmember Sheehan seconded the motion; the motion carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Sturges, Watson, Tunnell, Mayo, and Sheehan voting in favor of the motion. 18. PUBLIC HEARING: Consider approval of Lakeside Village, Phase II, Replat, to create a single lot to allow the development of a Kroger grocery store which includes a bank and a food court area for restaurant use, located at the northwest corner of Sandy Lake Road and MacArthur Blvd. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Morton opened the Public Hearing and asked for those persons wishing to speak regarding this proposal. There were none. Mayor Pro Tem Robertson moved to close the Public Hearing and approve Lakeside Village, Phase II, Replat, to create a single lot to allow the development of a Kroger grocery store which includes a bank and a food court area for restaurant use, located at the northwest comer of Sandy Lake Road and MacArthur Blvd. .... Councilmember Alexander seconded the motion; the motion carried 7-0 with Mayor Pro Tem CM091295 Page 12 of 14 Robertson and Councilmembers Alexander, Sturges, Watson, Tunnell, Mayo, and Sheehan voting in favor of the motion. 19. PUBLIC HEARING: Consider approval of S-1094R, Dairy Queen Restaurant, zoning change from C (Commercial) to C-S.U.P. (Commercial, Special Use Permit) to allow the expansion of the existing restaurant located at the northwest corner of the intersection of Southwestern Blvd. and Denton Tap Road. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Morton opened the Public Hearing and asked for those persons wishing to speak regarding this proposal. Parrish Chapman, Applicant, addressed the Council. Ken Griffin, City Engineer, addressed the issue of the sidewalk. Arthur Wrinman, Architect on the project, addressed the Council concerning the sidewalk. Councilmember Watson moved to close the Public Hearing and approve S-1094R, Dairy Queen Restaurant, zoning change from C (Commercial) to C-S.U.P. (Commercial, Special Use Permit) to allow the expansion of the existing restaurant located at the northwest corner of the intersection of Southwestern Blvd. and Denton Tap Road with the following conditions: 1) approval is subject to the site plan. A notation needs to be made on the site plan showing a 5-foot sidewalk easement along Denton Tap Road and noting that the sidewalk will be constructed when the City Engineer deems it appropriate, and 2) the grading and drainage plans need to be submitted to the Engineering Department prior to receiving a permit. Councilmember Sturges seconded the motion; the motion carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Sturges, Watson, Tunnell, Mayo, and Sheehan voting in favor of the motion. 20. PUBLIC HEARING: Consider approval of PD-120R, Waterside Estates, Phase II, zoning change from PD-SF-7 to PD-SF-7 to amend the conditions pertaining to building height, located near the northwest corner of Parkway Boulevard and MacArthur Boulevard. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Morton opened the Public Hearing and asked for those persons wishing to speak regarding this proposal. There were none. Mayor Pro Tem Robertson moved to close the Public hearing and approve PD-120R, Waterside Estates, Phase II, zoning change from PD-SF-7 to PD-SF-7 to amend the conditions pertaining to building height, located near the northwest corner of Parkway Boulevard and MacArthur Boulevard with the following conditions: 1) a minimum of 20% of the development shall consist of single-story homes, and 2) the 50% requirement of homes along Greentree Drive and Meadowglen Circle being single-story shall remain in effect. Councilmember Watson seconded the motion; the motion carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Sturges, Watson, Tunnell, Mayo, and Sheehan voting in favor of the motion. CM091295 Page 13 of 14 At this time Mayor Pro Tem Robertson moved to reconsider Consent Agenda Items 10 E and F. Councilmember Mayo seconded the motion; the motion carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Sturges, Watson, Tunnell, Mayo, and Sheehan voting in favor of the motion. See Consent Agenda Item 10 for minutes. 21. Necessary action resulting from Executive Session. There was no action necessary under this item. 22. City Manager's Report. There was no City Manager Report. 23. Mayor's Report. A. Councilmember Watson asked that the City's Sign Ordinance be reviewed. City Manager Jim Witt asked Gary Sieb, Director of Planning and Community Services, to ask his staff and two members of Council to review the sign requirements, complete said project by November 1, 1995 and bring back to Council for the first meeting in November. 24. Liaison Reports There were no liaison reports. There being no further business to come before the City Council, the meeting was adjourned. Tom Morton, Mayor ATTEST: Libby Ball, Administrative Secretary CM091295 Page 14 of 14