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CM 2005-03-08MINUTES OF MARCH 8~ 2005 The City Council of the City of Coppell met in Regular Called Session on Tuesday, March 8, 2005, at 5:00 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor Diana Raines, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Thom Suhy, Councilmember Bill York, Councilmember Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert Hager. Call to order. Mayor Stover called the meeting to order, determined that a quorum was present and convened into Executive Session. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. City of Coppell's opposition to zoning application in the City of Dallas, Z045-107, Northlake Development. B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Discuss the sale of City owned real property located east of Coppell Road and south of Bethel Road. 2. Discuss the sale of City owned real property located east of Hammond, west of Coppell Road and south of Bethel Road. CM030805 Page 1 of 9 Mayor Stover convened into Executive Session at 5:13 p.m. as allowed under the above-stated article. Mayor Stover recessed the Executive Session at 6:40 p.m. and opened the Work Session. WORK SESSION (Open to the Public) Convene Work Session A. Discussion regarding noise wall at Library. B. Discussion regarding Sports Association field utilization. C. Discussion of Agenda Items. Adjourn Work Session. PUBLIC ANNOUNCEMENTS Public Service Announcements concerning local civic events and no Council action is required or permitted. REGULAR SESSION 4. Convene ReE'ular Session. (Open to the Public) Invocation. Councilmember York led those present in the Invocation. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. Presentation by Coppell Historic Society regarding the Old Red project. Barbara Lee made a presentation to Council regarding the Old Red project. CM030805 Page 2 of 9 Report by Keep Coppell Beautiful Committee. Sheila Bester, Co-Chair, made a presentation to the Council. Demonstration of the city's current online service offerinEs. Rick Moore, Director of Information Systems, made a presentation to Council. 10. Citizens' Appearances. Robert Hager, 614 Clifton Court, Coppell, TX, spoke to Council regarding the Barney Barnett property and advised a bankruptcy had been filed. 11. CONSENT AGENDA Consider approval of the followinE consent aEenda items: A. Consider approval of minutes: February 22, 2005. Consider acceptinE resiEnation of Deborah Newton-Hair from the Keep Coppell Beautiful Committee. Consider approval of an Ordinance for Case No. PD-163R4- SF-9, Windsor Estates, zoninE chanEe from PD-163R2-SF- 9 {Planned Development 163-Revision 2-SinEle Family-9) to PD-163R4-SF-9 {Planned Development 163-Revision 4- SinEle Family-9) to revise the fence line from 25' to 15' alonE DeForest Road to allow for a four-foot tall wrouEht iron fence on an 18-inch tall retaini, n.~ wall on Lot tl~ Block B {612 St. James), and authorlzlnE the Mayor siEn. Consider approval of an Ordinance amendinE the Code of Ordinances, by repealinE Chapter 9, Article 9-18 in its entirety and replacinE the same with similar lanE'uaEe providinE Minimum Standards for the Construction, Operation and Maintenance ReE'ulations of Public SwimminE Pools and Spas and by repealinE Ordinance NO. 2000-907 in its entirety; providinE for the adoption of the CM030805 Page 3 of 9 Texas Department of State Health Services Standards for Public Swimmintl Pools and Spas, in part: providintl for Pool and Spa Standards, includintl plan review requirements, requirement for certified pool operators, permit requirements; providinl/[ for the suspension of the permit; and authorizinl/[ the Mayor to sil/in. Ee Consider approval of enterinl/[ into an Interlocal Atlreement with Northwest Dallas County Flood Control District for sediment removal from box culverts beneath MacArthur Boulevard, near its intersection with Riverchase Drive, in an amount of $17,964 as provided for in the Drainatle Utility District fund; and authorizintl the City Manatler to sitln. Fe Consider approval of a request to reject all bids for bid # RFP 0079 rel/iardinl/[ Pharmacy Benefits and exercise a one (1) year renewal option with RX America, authorizinl/[ the City Manatler to sitln. Presentation: Perri Kitties, Environmental Health Officer, answered questions from Council on Item D. Action: Mayor Pro Tem Raines moved to approve Consent Agenda Items A, B, C carrying Ordinance No. 91500-A-403, D carrying Ordinance No. 2005- 1095, E (amended to show "authorizing the Mayor to sign"), and F. Councilmember Faught seconded the motion, the motion carried 7-0 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell, Faught, Suhy and York voting in favor of the motion. 12. PUBLIC HEARING: Consider approval of Case No. ZC-617 (CH) to chanl/ie the zonintl from HO-C (Historic Overlay-Commercial); HO-C-S-1125R (Historic Overlay-Commercial-Special Use Permit- 1125 Revised); HO-R (Historic Overlay-Retail); HO-SF-7 (Historic Overlay-SinEle Family-7); HO-SF-12 (Historic Overlay-SinEle Family-12); HO-LI (Historic Overlay-Litlht Industrial); PD-119-HO-SF-9 (Planned Development-119-Historic Overlay-Sintile Family-9); PD-108-HO- CM030805 Page 4 of 9 LI (Planned Development-108-Historic Overlay-Litlht Industrial); PD- 188 -HO-C (Planned Development- 188 -Historic Overlay- Commercial); PD-197-HO-TH-1/C (Planned Development-197- Historic Overlay Townhome-1/Commercial), and PD-206-HO-R (Planned Development-206-Historic Overlay-Retail) to the proposed zonintl district H (Historic), replacintl the Historic Overlay district, to adopt specific uses and development reEulations for a Historic district, while retaininl/[ the development conditions of the existinl/[ Planned Developments and Special Use Permits, and to attach Desil/in Guidelines as an appendix to the Zoning Ordinance. Public Hearinti: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Joe Shirley, 582 Villawood Lane, spoke regarding parking and design requirements. There was a call for an Executive Session at this time. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Stover convened into Executive Session at 8:45 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 8:49 p.m. and opened the Regular Session. Councilmember Brancheau left the meeting at this time. REGULAR SESSION (Open to the Public) CM030805 Page 5 of 9 Action: Councilmember Tunnell moved to close the Public Hearing and approve Case No. ZC-617 (CH) to change the zoning from HO-C (Historic Overlay- Commercial); HO-C-S-1125R (Historic Overlay-Commercial-Special Use Permit-il25 Revised); HO-R (Historic Overlay-Retail); HO-SF-7 (Historic Overlay-Single Family-7); HO-SF-12 (Historic Overlay-Single Family-12); HO-LI (Historic Overlay-Light Industrial); PD- 119-HO-SF-9 (Planned Development- 119-Historic Overlay-Single Family-9); PD- 108-HO-LI (Planned Development-108-Historic Overlay-Light Industrial); PD-188-HO- C (Planned Development- 188-Historic Overlay-Commercial); PD- 197-HO- TH- 1 / C (Planned Development- 197- Historic Overlay Townhome- 1/Commercial), and PD-206-HO-R (Planned Development-206-Historic Overlay-Retail) to the proposed zoning district H (Historic), replacing the Historic Overlay district, to adopt specific uses and development regulations for a Historic district, while retaining the development conditions of the existing Planned Developments and Special Use Permits, and to attach Design Guidelines as an appendix to the Zoning Ordinance. Councilmember Suhy seconded the motion, the motion carried 6-0 with Mayor Pro Tem Raines and Councilmembers Peters, Tunnell, Faught, Suhy and York voting in favor of the motion. 13. Consider approval of an Ordinance for Case No. PD-207-C, Ballet Academy of Texas, zoning change from C {Commercial) to PD-207-C {Planned Development-207-Commercial} to allow the construction of an 11,214-square-foot ballet studio on 1.17 acres of property located along the south side of Fitness Court, approximately 350 feet west of Denton Tap Road, and authorizing the Mayor to sign. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Action: Councilmember Peters moved to approve Ordinance No. 91500-A-404 approving Case No. PD-207-C, Ballet Academy of Texas, zoning change from C (Commercial) to PD-207-C (Planned Development-207- Commercial) to allow the construction of an l l,214-square-foot ballet studio on 1.17 acres of property located along the south side of Fitness CM030805 Page 6 of 9 Court, approximately 350 feet west of Denton Tap Road, and authorizing the Mayor to sign. Mayor Pro Tem Raines seconded the motion, the motion carried 6-0 with Mayor Pro Tem Raines and Councilmembers Peters, Tunnell, Faught, Suhy and York voting in favor of the motion. 14. Consider approval of a Resolution to designate MacArthur Boulevard from Bethel School Road to Samuel Boulevard, one- lane of traffic each direction, at various locations, from May 31, 12005 to August 112, 12005 to allow the construction of the Brick Paver Replacement Project along MacArthur Boulevard; and authorizing the Mayor to sign. Presentation: Ken Griffin, Director of Engineering and Public Works, made a presentation to Council. Action: Councilmember York moved to approve Resolution No. 2005-0308.1 approving designating MacArthur Boulevard from Bethel School Road to Samuel Boulevard, one-lane of traffic each direction, at various locations, from May 31, 2005 to August 12, 2005 to allow the construction of the Brick Paver Replacement Project along MacArthur Boulevard; and authorizing the Mayor to sign and also authorizing to bid an alternate Streetprint asphalt. Councilmember Suhy seconded the motion, the motion carried 6-0 with Mayor Pro Tem Raines and Councilmembers Peters, Tunnell, Faught, Suhy and York voting in favor of the motion. 15. Necessary action resulting from Work Session. There was no action necessary under this item. 16. Mayor and Council Reports. A. Report by Mayor Stover Be Ce regarding Austin. Report by Mayor Stover regarding Commerce Gala. Report by Mayor Stover regarding Governor for a Day on April 9. Legislative Trip to the Chamber of Florence Shapiro CM030805 Page 7 of 9 ao Bo Mayor Stover reported on the Legislative Trip to Austin that he, City Manager Witt, Deputy City Manager Phillips, Councilmember Peters and Councilmember Tunnell attended. The main topics discussed were residential street speed limits, tax caps, school finance and the red light cameras. Mayor Stover reported there were approximately 400 people in attendance at the Chamber of Commerce Gala. Mayor Stover announced that State Senator Florence Shapiro will be inaugurated as Governor for a Day on April 9th and all citizens are invited to the inauguration. At this time Council reconvened into Executive Session and Work Session. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session B. Section 551.072, Texas Government Code - Deliberation rel/iardinl/[ Real Property. 1. Discuss the sale of City owned real property located east of Coppell Road and south of Bethel Road. 2. Discuss the sale of City owned real property located east of Hammond, west of Coppell Road and south of Bethel Road. Mayor Stover reconvened into Executive Session at 9:22 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 10:31 p.m. and opened the Regular Session. Councilmember Brancheau returned to the meeting during the Executive Session. WORK SESSION (Open to the Public) Convene Work Session A. Discussion retlardintl noise wall at Library. Adjourn Work Session. CM030805 Page 8 of 9 __ REGULAR SESSION {Open to the Public} Item 15 was discussed at this time. See Item 15 for minutes. 17. Necessary Action Resulting from Executive Session. Action: Councilmember York moved to hire Dr. Robert Freilich of Paul, Hastings, Janofsky & Walker as special Legal Counsel and Planning Consultant regarding Zoning Case 045-107, City of Dallas Northlake Development.. Councilmember Peters seconded the motion, the motion carried 7-0 with Mayor Pro Tern Raines and Councilmembers Brancheau, Peters, Tunnell, Faught, Suhy and York voting in favor of the motion. There being no further business to come was adjourned. ATTEST: be~the City f~ the meeting Libl~y B,~ Secretary CM030805 Page 9 of 9