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CM 2007-03-27 MINUTES OF MARCH 27, 2007 The City Council of the City of Coppell met in Regular Called Session on Tuesday, March 27, 2007, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor Billy Faught, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember Marvin Franklin, Councilmember Bill York, Councilmember Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert Hager. 1. 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) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045-107; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3,; and CB Parkway Business Center, et al vs. City of Coppell, et al.; and City of Dallas vs. Douglas Stover, et al in the 191st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101st District Court. 2. Registered Sex Offenders. cm032707 Page 1 of 12 B. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. Economic Development prospects on the west side of Coppell. C. Section 551.072, Texas Government Code – Deliberation regarding Real Property. Sale of land west of Denton Tap and south of Bethel 1. Road. Mayor Stover convened into Executive Session at 5:49 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 6:33 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Old Town Development. B. Boards/Commissions Process Schedule. C. Discussion regarding the Water Conservation Ordinance. D. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Pastor Rod Collver with the Living Hope Church led those present in the Invocation. 6. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 7. Presentation of the three (3) winning Tornado Awareness and Safety posters from the poster contest as part of Severe Weather Awareness Week. cm032707 Page 2 of 12 Presentation: Mayor Stover and John Patterson, Emergency Management Officer, presented the awards to the winners of the Tornado Poster Contest Winners: st 1 place Ribbon/$50, Andrew Wagner, Valley Ranch Elementary School nd 2 place Ribbon/$30, Christine Kim, Valley Ranch Elementary School rd 3 place Ribbon/$20, Melissa Capicio, Town Center Elementary School 8. Report by Keep Coppell Beautiful Board. Brent Wooten, Board Chair, presented the Board’s semi-annual report to Council. 9. Citizens' Appearances. There was no one signed up to speak under this item. CONSENT AGENDA 10. Consider approval of the following consent agenda items: A. Consider approval of minutes: February 27, 2007. B. Consider approval of an Ordinance amending the Code of Ordinances by amending Chapter 2, Article 2-3, Keep Coppell Beautiful Board, by amending Section 2-3-2 by providing a provision for the appointment of two (2) youth advisors and by deleting the provision for the appointment of one (1) alternate youth advisor to said board; and authorizing the Mayor to sign. C. Consider approval of an Ordinance amending the Code of Ordinances by amending Chapter 2, Article 2-2, Parks and Recreation Board, by amending Section 2-2-1 by providing a provision for the appointment of two (2) youth advisors and by deleting the provision for the appointment of one (1) alternate youth advisor to said board; and authorizing the Mayor to sign. cm032707 Page 3 of 12 D. Consider approval of a Memorandum of Understanding between the city of Coppell and the Coppell Chamber of Commerce, and authorizing the Mayor to sign. E. Consider approval of a Resolution amending Resolution No. 010996.3, as heretofore amended, with regard to general fees and garbage collection fees and authorizing the Mayor to sign. F. Consider approval of awarding a contract in the amount of $247,144.92 (of which $146,123.54 is from the Assistance to Firefighter Grant) to Municipal Emergency Services for the purchase of Self Contained Breathing Apparatus equipment and a service contract; and authorizing the City Manager to sign. G. Consider approval of an 'Agreement of Exchange of Property' between the City of Coppell and Chadick Capital L.P. for the exchange of property to allow the construction of drainage improvements on the Bethel Road Phase I Project; and authorize the City Manager to sign. Presentation: Kevin Richardson, Fire Chief, answered questions regarding Item F and Ken Griffin, Director of Engineering and Public Works, answered questions regarding Item G. Action: Councilmember York moved to approve Consent Agenda Items A, B carrying Ordinance No. 2007-1159, C carrying Ordinance No. 2007- 1160, D, E carrying Resolution No. 2007-0327.1, F and G. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 11. Consider approval of a contract extension for audit services with Grant Thornton for an additional two year period in the amount of $57,250 for 2007 and $60,500 for 2008 and authorizing the City Manager to sign. cm032707 Page 4 of 12 Presentation: City Manager Jim Witt and Chad Beach, Assistant Finance Director, made a presentation to Council. Action: Mayor Pro Tem Faught moved to approve a contract extension for audit services with Grant Thornton for an additional two year period in the amount of $57,250 for 2007 and $60,500 for 2008 and authorizing the City Manager to sign. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 12. Consider approval of an Ordinance of the City of Coppell, Texas, approving an amendment to Ordinance No. 2006-1135, the budget for Fiscal Year October 1, 2006 through September 30, 2007, and authorizing the Mayor to sign. Presentation: City Manager Jim Witt made a presentation to Council. Action: Councilmember Franklin moved to approve Ordinance No. 2007-1161 amending Ordinance No. 2006-1135, the budget for Fiscal Year October 1, 2006 through September 30, 2007, and authorizing the Mayor to sign. Councilmember Hinojosa-Flores seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 13. PUBLIC HEARING: Consider approval of Case No. PD-221R-HC, Duke Lesley Addition, zoning change request from PD-221-HC (Planned Development-221-Highway Commercial) to PD-221R-HC (Planned Development-221 Revised-Highway Commercial) to attach a Detail Site Plan to allow for a 182,700-square-foot office building on 11.85 acres of property located at the cm032707 Page 5 of 12 southwest corner of the proposed extension of Dividend Drive and S. Beltline Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Brian Pierce, Duke Realty, addressed the Council and advised he was available for questions. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Peters moved to close the Public Hearing and approve Case No. PD-221R-HC, Duke Lesley Addition, zoning change request from PD-221-HC (Planned Development-221-Highway Commercial) to PD-221R-HC (Planned Development-221 Revised-Highway Commercial) to attach a Detail Site Plan to allow for a 182,700-square-foot office building on 11.85 acres of property located at the southwest corner of the proposed extension of Dividend Drive and S. Beltline Road. Councilmember York seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 14. Consider approval of the Duke Lesley Addition, Lot 3, Block C, Final Plat to establish a building site, fire lanes and easements to allow the construction of a 182,700-square-foot office building on 11.85 acres of property located at the southwest corner of the proposed extension of Dividend Drive and S. Beltline Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Brian Pierce, Duke Realty, addressed the Council and advised he was available for questions. cm032707 Page 6 of 12 Action: Councilmember Peters moved to approve the Duke Lesley Addition, Lot 3, Block C, Final Plat to establish a building site, fire lanes and easements to allow the construction of a 182,700-square-foot office building on 11.85 acres of property located at the southwest corner of the proposed extension of Dividend Drive and S. Beltline Road. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 15. PUBLIC HEARING: Consider approval of Case No. S-1237-C, Da Dusty Cellar, zoning change request from C (Commercial) to S-1237-C (Special Use Permit-1237-Commercial) to allow a 3,000-square- foot convenience/retail store to be located at 751 S. MacArthur Blvd., #505. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Richard King, Applicant, addressed Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Mayor Pro Tem Faught moved to close the Public Hearing and approve Case No. S-1237-C, Da Dusty Cellar, zoning change request from C (Commercial) to S-1237-C (Special Use Permit-1237-Commercial) to allow a 3,000-square-foot convenience/retail store to be located at 751 S. MacArthur Blvd., #505; subject to the following condition: 1) Compliance with all City of Coppell Ordinances, as well as TABC rules and regulations, which are specific to this use. Councilmember Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, cm032707 Page 7 of 12 Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 16. PUBLIC HEARING: Consider approval of Case No. S-1238-C, Kegs N Cellar, zoning change request from C (Commercial) to S-1238-C (Special Use Permit-1238-Commercial) to allow a 2,850-square-foot convenience/retail store to be located at 777 S. MacArthur Blvd., #413-417. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Richard King, Applicant, addressed Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Mayor Pro Tem Faught moved to close the Public Hearing and approve Case No. S-1238-C, Kegs N Cellar, zoning change request from C (Commercial) to S-1238-C (Special Use Permit-1238-Commercial) to allow a 2,850-square-foot convenience/retail store to be located at 777 S. MacArthur Blvd., #413-417; subject to the following condition: 1) Compliance with all City of Coppell Ordinances, as well as TABC rules and regulations, which are specific to this use. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 17. PUBLIC HEARING: Consider approval of Case No. PD-108R2.2-SF-9, The Reserve, Lot 11, Block B, zoning change request from PD-108R2-SF-9 (Planned Development-108 Revision 2-Single Family-9) to PD- 108R2.2-SF-9 (Planned Development-108 Revision 2.2-Single cm032707 Page 8 of 12 Family-9) to allow up to 30% stucco and to permit alternate paving materials for the driveway on property located at 725 Penfolds. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Terry Holmes, Applicant, addressed Council and advised he was available to answer any questions. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Tunnell moved to close the Public Hearing and approve Case No. PD-108R2.2-SF-9, The Reserve, Lot 11, Block B, zoning change request from PD-108R2-SF-9 (Planned Development-108 Revision 2- Single Family-9) to PD-108R2.2-SF-9 (Planned Development-108 Revision 2.2-Single Family-9) to allow up to 30% stucco and to permit alternate paving materials for the driveway on property located at 725 Penfolds. Councilmember Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 18. Mayor and Council Reports. A. Report by Mayor Stover regarding the Easter Egg Hunt. B. Report by Mayor Stover regarding acknowledgment of Krogers and I'Fratelli Pizza and other merchants for donations to homeless shelters. C. Report by Mayor Stover regarding Northlake College at Coppell. D. Report by Councilmember Brancheau regarding National League of Cities. A. Mayor Stover announced that the Easter Egg Hunt will be changing locations to Wagon Wheel Park and will be held on Saturday, April 7 at 11:00 a.m. cm032707 Page 9 of 12 B. Mayor Stover advised that he and a group in town have been preparing food during lent for the homeless shelters and he thanked Krogers and I’Fratelli Pizza for their contributions of food stuffs. He also thanked all the merchants who helped to provide for the needy. C. Mayor Stover reported that Planning and Zoning and Council would be presented in the next month with the plans for development of the Northlake Campus in Coppell. The campus will be located at Sandy Lake and SH 121 and is scheduled to open in November 2008. D. Councilmember Brancheau advised that he, along with Councilmember York and Mayor Stover, had been in Washington, D. C. to attend the National League of Cities. Mayor Stover stated he had attended a session on Airport Noise Mitigation and had some information concerning grants that were available. 19. Council Committee Reports. A. Carrollton/Farmers Branch ISD/Lewisville ISD – Councilmember Tunnell. B. Coppell ISD – Mayor Pro Tem Faught and Councilmember York. C. Coppell Seniors – Mayor Pro Tem Faught and Councilmember Brancheau. D. Dallas Regional Mobility Coalition - Councilmember Peters. E. Economic Development Committee - Councilmembers Peters and Franklin. F. Metrocrest Hospital Authority - Councilmember Tunnell. G. Metrocrest Medical Foundation - Councilmember Hinojosa-Flores. H. Metrocrest Medical Services – Councilmember Hinojosa- Flores. I. Metrocrest Social Service Center – Councilmember York. J. North Texas Council of Governments - Councilmember Peters. K. NTCOG/Regional Emergency Management - Councilmember Franklin. L. North Texas Commission - Councilmember Brancheau. M. Senior Adult Services – Mayor Pro Tem Faught. cm032707 Page 10 of 12 A. Councilmember Tunnell reported that the Special Olympics Track Meet would be held March 28 at Ranchview High School; April 6 would be a holiday for the district but they will not have their scheduled holiday on April 9; the Senior Honor Breakfast would be held on April 25 at Ranchview; and Tom Landry Elementary is th celebrating its 10 Anniversary. The Ranchview Lady Worlds Softball team earned their first district win. There will be a community garage sale from 8:00 a.m. to 2:00 p.m. on March 31. B. Mayor Pro Tem Faught advised that the Academy Committee had been meeting regularly and reviewing the curricular options for the Academy; they are looking for temporary space for the Fall of 2008 with a goal of having a permanent facility in 2009. School will be out on April 6 and 9. May 25 will be the last day of school. There will be a job fair at the high school on March 31. Mayor Stover announced that graduation would be held on May 29. C. Councilmember Brancheau stated that the new staff in the Senior Center was doing a great job. Mayor Pro Tem Faught also stated that there was excitement in the air at the Senior Center. D. Councilmember Peters announced that most of the news on Dallas Regional Mobility and Transportation is taking place in Austin. Transportation is on the front burner. E. Councilmember Franklin reported the Economic Development Committee had had a very positive meeting on March 7. A discussion was had concerning retail services in the city. F. Councilmember Tunnell advised that the transition continues in the Metrocrest Hospital Authority with Tenant transitioning out while Hospital Partners is transitioning in. G. Councilmember Hinojosa-Flores announced the Metrocrest Medical Foundation was working on their annual gala which will be held in the fall. H. There was nothing to report on this item. I. There was nothing to report on this item. J. There was nothing to report on this item. K. There was nothing to report on this item. cm032707 Page 11 of 12 L. There was nothing to report on this item. M. Mayor Pro Tem Faught reported that Ashley McGregor is now in the Caregiver Support Program and Mary Harris is the newest case manager; the United Way had made their site visit; and all priority needs grant proposals have made it through the initial review process; there are three new members to the board, Susan Watson, Nancy Putnam and Betty Wood. 20. Necessary action resulting from Work Session. There was no action necessary under this item. 21. Necessary Action Resulting from Executive Session. There was no action necessary under this item. There being no further business to come meeting was adjourned. City Council, the ATTEST: ~~u. Libby B , ity Secretar,y cm032707 Page 12 of 12