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CM 2007-05-22 MINUTES OF MAY 22, 2007 The City Council of the City of Coppell met in Regular Called Session on Tuesday, May 22, 2007, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Billy Faught, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember Marvin Franklin, Councilmember Bill York, Councilmember Mayor Stover was absent from the meeting. Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert Hager. REGULAR SESSION (Open to the Public) 1. Call to order. Mayor Pro Tem Faught 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 cm052207 Page 1 of 11 District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101st District Court. 2. To seek legal advice from City Attorney concerning proposed agreements with Dart regarding railroad and grade reconstruction and maintenance. B. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects West of Beltline/Denton Tap and south of Bethel Road. Mayor Pro Tem Faught convened into Executive Session at 5:40 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 6:30 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Presentation by Coppell High School Math Students. B. Vision 2030 – Process and Appointments to Steering Committee. C. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Msgr. Leon Duesman of St. Ann Catholic Church led those present in the Invocation. 6. Pledge of Allegiance. Councilmember Brancheau led those present in the Pledge of Allegiance. cm052207 Page 2 of 11 7. Consider appointment of Mayor Pro Tem as required by Section 3.05 of the Home Rule Charter. This item was considered after Item 20. Action: Councilmember York moved to nominate Councilmember Brianna Hinojosa-Flores to serve as Mayor Pro Tem for the coming year. 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. 8. Report by Park Board. This item was pulled from the agenda. 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: May 8, 2007. B. Consider approval of removing Stephen Hafer from the Park Board due to attendance requirements not being met. C. Consider approval of a resolution marking the third anniversary of the "Welcome Home a Hero" program at DFW Airport, and authorizing the Mayor to sign. D. Consider approval of awarding Bid # Q-0407-01, for Cleaning and Related Services of municipal buildings, to Regent Services in the amount of $121,244.04 as cm052207 Page 3 of 11 budgeted, for a one-year period beginning June 1, 2007, with renewal options for an additional 4-years; and authorizing the City Manager to sign. E. Consider approval of an ordinance amending Article 8-3 Parking, Section 8-3-1(A) of the Code of Ordinance for the City of Coppell to prohibit stopping, standing or parking a vehicle at all times, on both sides of Crestside Drive beginning at a point approximately 430 feet south of its intersection with Wrangler Drive and extending to a point at the west property line of Lot 1, Block A of the PSI Net Addition in the Northlake 635 Business Park; and authorizing the Mayor to sign. F. Consider approval to enter into a Professional Engineering Services Agreement with Kimley-Horn and Associates, Inc. to provide review services of Floodplain Study submittals, for compliance with City of Coppell ordinances and Federal Emergency Management Agency (FEMA) requirements; and authorizing the City Manager to sign. Action: Councilmember Peters moved to approve Consent Agenda Items A, B, C carrying Resolution No. 2007-0522.1, D, E carrying Ordinance No. 2007- 1164 and F. 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. PUBLIC HEARING: Consider approval of Case No. PD-223-C and S-1114-C, Kimbel Addition, zoning change request from C (Commercial), S-1085- C and S-1114-C to PD-223-C and S-1114-C (Planned Development 223-Commercial and Special Use Permit 1114- Commercial) to allow the construction of two retail/medical buildings, a bank, the retention of an existing take-out restaurant (S-1114-C, Papa John’s) and a portion of an existing retail structure, totaling 25,245-square-feet, and to allow a cm052207 Page 4 of 11 reduction in landscaped areas, required setbacks, alternative signage colors, sizes and locations and other deviations from the requirements of the Zoning Ordinance, on 2.9 acres of property located at the northeast corner of Sandy Lake Road and MacArthur Boulevard. Presentation: Marcie Diamond, Assistant Planning Director, made a presentation to the Council. Ken Griffin, Director of Engineering and Public Works, answered questions of Council. Bennett Ratliff, representing Applicant, addressed the Council. Alen Hinkley, Applicant, addressed the Council. Michael Clark answered questionss on behalf of Applicant. David Williams addressed questions on behalf of Applicant. Public Hearing: Mayor Pro Tem Faught opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember York moved to close the Public Hearing. 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. Councilmember Brancheau moved to approve Case No. PD-223-C and S- 1114-C, Kimbel Addition, zoning change request from C (Commercial), S- 1085-C and S-1114-C to PD-223-C and S-1114-C (Planned Development 223-Commercial and Special Use Permit 1114-Commercial) to allow the construction of two retail/medical buildings, a bank, the retention of an existing take-out restaurant (S-1114-C, Papa John’s) and a portion of an existing retail structure, totaling 25,245-square-feet, and cm052207 Page 5 of 11 to allow a reduction in landscaped areas, required setbacks, alternative signage colors, sizes and locations and other deviations from the requirements of the Zoning Ordinance, on 2.9 acres of property located at the northeast corner of Sandy Lake Road and MacArthur Boulevard with the site plan, elevation, sign and landscaping plan as presented by the applicant at this meeting and with amended elevation for existing retail center that EFIS be included.. Councilmember York seconded the motion; the motion carried 6-1 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion and Councilmember Tunnell voting against the motion. 12. Consider approval to rescind the previously awarded Bid # Q 1106-04 for the annual Reinforced Concrete Paving Repair Project to Ken-Do Contracting and to award Bid # Q 0507-01 for the rebid of the annual Reinforced Concrete Paving Repair Project to Laughley Bridge and Construction, Inc. in an amount of $300,000 as budgeted in the Infrastructure Maintenance Fund; and authorizing the City Manager to sign. Presentation: Ken Griffin, Director of Engineering and Public Works, made a presentation to the Council. Action: Councilmember Peters moved to rescind the previously awarded Bid # Q 1106-04 for the annual Reinforced Concrete Paving Repair Project to Ken-Do Contracting and to award Bid # Q 0507-01 for the rebid of the annual Reinforced Concrete Paving Repair Project to Laughley Bridge and Construction, Inc. in an amount of $300,000 as budgeted in the Infrastructure Maintenance Fund; and authorizing the City Manager to sign. 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. 13. onsider approval of an Interlocal Agreement between the city C of Irving and the city of Coppell for mutual interest in communications consultancy services for the benefits of the cm052207 Page 6 of 11 citizens in their respective municipalities, and the greater Dallas community, and authorizing the Mayor to sign. Presentation: Cit Manager Jim Witt made a presentation to the Council. Action: Councilmember Franklin moved to approve an Interlocal Agreement between the city of Irving and the city of Coppell for mutual interest in communications consultancy services for the benefits of the citizens in their respective municipalities, and the greater Dallas community, and authorizing the Mayor to sign. 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. 14. Consider approval of a Letter of Intent for a funeral home provider for a proposed municipal cemetery and authorizing the City Manager to sign. Presentation: City Manager Jim Witt made a presentation to the Council. Action: Councilmember York moved to approve a Letter of Intent with Stewart Enterprises to be the funeral home provider for a proposed municipal cemetery and authorizing the City Manager to sign. Councilmember Tunnell 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. Consider appointments to Council Committees. This item was postponed. cm052207 Page 7 of 11 16. City Manager's Report. A. FY07 Goals and Objectives. A. City Manager Jim Witt reported on the Council goals and objectives for this fiscal year. The City Manager is still working on scheduling meetings with developers, and has economic development incentive situations to bring back. The online citizen satisfaction survey will be discussed soon. Council is on target to meet the year’s goals and objectives. 17. Mayor and Council Reports. A. Report by Mayor Stover regarding Video on Susan G. Komen North Texas Race for the Cure. B. Report by Mayor Stover regarding Project Graduation May 29th. A. Mayor Pro Tem Faught presented an 8-minute video on the Susan G. Komen North Texas Race for the Cure, scheduled for June 2, 2007. B. Mayor Pro Tem Faught reported Project Graduation will be held on May 29, 2007 at the Main Event in Lewisville. 18. 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. cm052207 Page 8 of 11 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. A. Councilmember Tunnell reported on the election of new school board trustee Frank Shore. Carrollton/Farmers Branch ISD/ th Lewisville ISD will have their last day of school on May 24. Newsweek listed Creekview, Neuman Smith and R. L. Turner in its Top 1200 High Schools in the US. B. Mayor Pro Tem Faught announced the graduation statistics for this year’s graduating class. 710 seniors will be graduating. 92% will be attending 2-4 year colleges. Three military awards were issued, and three RTOC full scholarships were awarded. A total of $5 million was earned this year in scholarship funding. C. Councilmember Brancheau stated that the Coppell Seniors will have rd their luncheon meeting on Wednesday, May 23. D. Councilmember Peters reported the end of the Legislative Session th is scheduled for May 28. Several bills affect the area’s transportation concerns, including HB 1892, which was vetoed by the Governor. Also, the North Texas Transportation Authority has submitted a proposal for SH121, which will be evaluated by the Regional Transportation Council. nd E. Councilmember Franklin reported the committee met on May 2. There is also a major mixed-use project to be announced soon. F. Nothing to report. G. Nothing to report. H. Nothing to report. I. Nothing to report. cm052207 Page 9 of 11 J. Councilmember Peters informed the members that NTCOG will be stth hosting the 41 annual General Assembly Meeting on June 15 at the Hilton in Arlington. K. Nothing to report. L. Councilmember Brancheau announced that the Freedom Foundation awarded the George Washington Honor Medal to the Troops Rest and Relaxation Program. M. Mayor Pro Tem Faught read a letter from a citizen’s daughter regarding the helpful services provided to local adult seniors. EXECUTIVE SESSION (Closed to the Public) 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. To seek legal advice from City Attorney concerning proposed agreements with Dart regarding railroad and grade reconstruction and maintenance. B. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects West of Beltline/Denton Tap and south of Bethel Road. Mayor Stover convened into Executive Session at 9:23 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 10:15 p.m. and opened the Regular Session. cm052207 Page 10 of 11 REGULAR SESSION (Open to the Public) 19. Necessary action resulting from Work Session. There was no action necessary under this Item. 20. Necessary Action Resulting from Executive Session. There was no action necessary under this Item. Item 7 was considered at this time. See Item 7 for minutes. The makeup of council is now as follows: Doug Stover, Mayor Brianna Hinojosa-Flores, Mayor Pro Tern Tim Brancheau, Councilmember Jayne Peters, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Marvin Franklin, Councilmember Bill York, Councilmember There being no was adjourned. Council, the meeting cm052207 Page 11 of 11 __..~_".." .....__. _.. 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