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CM 2008-04-08 MINUTES OF APRIL 8, 2008 The City Council of the City of Coppell met in Regular Called Session on Tuesday, April 8, 2008 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 Mayor Pro Tem Brianna Hinojosa-Flores Tim Brancheau, Councilmember Jayne Peters, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Marvin Franklin, Councilmember Councilmember Bill York was absent from the meeting. 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 began the meeting with a presentation and ceremony regarding the ISO Rating for the City of Coppell. Presentation: Kevin Richardson, Fire Chief, made a presentation to the Council. Phillip Bradley, Manager of Texas Insurance Service Office, made a presentation to the Council. Jesse Williams, State Fire Marshal’s Office, made a presentation to the Council. Following the presentation, a reception was held in the atrium, after which Mayor Stover convened into Executive Session. EXECUTIVE SESSION (Closed to the Public) 2.Convene Executive Session cm040808 Page 1 of 13 A.Section 551.071, Texas Government Code - Consultation with City Attorney. 1.Mira Mar vs. City of Coppell. 2.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 191 st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101 District Court. st B.Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1.Purchase of real property west of Denton Tap/south of Bethel Road. 2.Oil and Gas Lease of City-owned property. C.Section 551.087, Texas Government Code – Economic Development Negotiations. 1.ED Prospects East and West of Beltline/Denton Tap and south of Bethel Road. Mayor Stover convened into Executive Session at 6:10 p.m. as allowed under the above-stated article. Mayor Stover recessed the Executive Session at 7:02 p.m. and opened the Regular Session. WORK SESSION (Open to the Public) 3.Convene Work Session A.Discussion regarding Waste Management Franchise and Services. B.Discussion regarding Board & Commission Schedule. C.Discussion of Agenda Items. Due to time constraints, the Work Session was cancelled. cm040808 Page 2 of 13 REGULAR SESSION (Open to the Public) 4.Convene Regular Session. 5.Invocation. Chaplain Steve Calvert, Coppell Fire Department, led those present in the Invocation. 6.Pledge of Allegiance. Matthew Freese and members of Troops 807 and 841 led those present in the Pledge of Allegiance. 7.Presentation by Becky Ratliff regarding Project Graduation. Presentation: Becky Ratliff made a presentation to the Council regarding Project Graduation. 8.Presentation of Memorandum of Support for the Coppell Nature Park, from North Lake College and the Friends of Coppell Nature Park. Presentation: Dr. Herlinda Glasscock and Dr. Paul Keleman made a presentation to Council regarding a Memorandum of Support from North Lake College. Students Tara Ferguson and Sid Nivas made a presentation to Council regarding the Coppell Nature Park. 9.Consider approval of a proclamation naming the month of April 2008 as Cancer Awareness Month, and authorizing the Mayor to sign. cm040808 Page 3 of 13 Presentation: Mayor Stover read the proclamation for the record and presented the same to Mike Dunn. Valerie Brunson and Jackie Brainerd spoke about Pink Soles in Motion and the 3-Day Walk for Breast Cancer. Action: Councilmember Peters moved to approve a proclamation naming the month of April 2008 as Cancer Awareness Month, and authorizing the Mayor to sign. Councilmember Faught seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa- Flores and Councilmembers Brancheau, Peters, Tunnell, Faught and Franklin voting in favor of the motion. 10.Citizens' Appearances. There was no one signed up to speak under this item. CONSENT AGENDA 11.Consider approval of the following consent agenda items: A.Consider approval of minutes: March 25, 2008. B.Consider approval of a resolution ratifying the incorporation of the Coppell Economic Development Foundation, providing for ratification of past acts of the Foundation for and on behalf of economic development in the City, and authorizing the Mayor to sign. C.Consider approval of the Camp-Do-It-All Standards of Care and authorizing the Mayor to sign. D.Consider approval of an Ordinance for Case No. S- 1238R-C, Kegs N Cellar, a zoning change from S- 1238-C (Special Use Permit-1238-Commercial) to S- 1238R-C (Special Use Permit-1238 Revised- cm040808 Page 4 of 13 Commercial) to allow an additional 23-square-foot attached sign on the west elevation in addition to the two existing attached signs for the 2,850-square- foot convenience/retail store located at 777 S. MacArthur Blvd., #413 and authorizing the Mayor to sign. E.Consider approval of an Ordinance for Case No. S- 1245-TC, DeVine Cellars, a zoning change from TC (Town Center) to S-1245-TC (Special Use Permit- 1245-Town Center), to allow the operation of a 2,272-square-foot retail/convenience store and restaurant, located in the Town Center Addition, along the east side of Denton Tap Road north of Town Center Blvd and authorizing the Mayor to sign. F.Consider approval of an Ordinance for two text amendments to the Coppell Zoning Ordinance; Sec. 12-29-3.3 adding “(P) Signs which advertise or refer to the sale or consumption of alcoholic beverages by words or symbols” to types of signs are specifically prohibited, and Sec. 12-29-4.3(A)i, requiring individually mounted letters in the industrial districts and authorizing the Mayor to sign. Action: Councilmember Peters moved to approve Consent Agenda Items A, B carrying Resolution No. 2008-0408.1, and C, D carrying Ordinance No. 91500-A-496, and E carrying Ordinance No. 91500- A-493, and F carrying Ordinance No. 91500-A-494. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught and Franklin voting in favor of the motion. 12.PUBLIC HEARING: Consider approval of Case No. PD-215R-LI, Victron Energy, a zoning change request from PD-215-LI (Planned Development-215-Light Industrial) to PD-215R-LI (Planned Development-215 Revised-Light Industrial) as cm040808 Page 5 of 13 revised, to allow red & yellow striping and internally illuminated signage on the gas pump canopy and internally illuminated signage on two sides of an eight- foot tower extension located along I.H. 635 on 2.34 acres of property within the City of Coppell and the City of Irving, located south of I.H. 635, east of Royal Lane. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council, and indicated the applicant would like to postpone this item until April 22 Council meeting. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Stover convened into Executive Session at 8:16 p.m. Mayor Stover adjourned the Executive Session at 8:43 p.m. and reopened the Regular Session. REGULAR SESSION (Open to the Public) Action: Councilmember Tunnell moved to postpone this item until April 22 and leave the Public Hearing open. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught and Franklin voting in favor of the motion. 13. Consider approval of the Rolling Oaks Memorial Center, Lot 1, Block A, Minor Plat, to dedicate right-of-way, establish fire lanes and easements for Phase 1 cm040808 Page 6 of 13 development of the memorial center (SUP-1244-LI) on approximately 15.5 acres of property located at the northeast corner of Freeport Parkway and Ruby Road (400 S. Freeport Parkway). Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Action: Councilmember Faught moved to approve the Rolling Oaks Memorial Center, Lot 1, Block A, Minor Plat, to dedicate right-of- way, establish fire lanes and easements for Phase 1 development of the memorial center (SUP-1244-LI) on approximately 15.5 acres of property located at the northeast corner of Freeport Parkway and Ruby Road (400 S. Freeport Parkway). Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught and Franklin voting in favor of the motion. At this time, Item 18 was considered. Please see Item 18 for the minutes. PUBLIC HEARING: 14. Consider approval of Case No. PD-209R-C, TownOaks Centre, zoning change request from PD-209-C (Planned Development-209-Commercial) to PD-209R-C (Planned Development-209 Revised-Commercial) to allow an increase in the allowable size of a proposed attached sign from 25.6 square feet to 64.7 square feet, for Tuesday Morning, on property located at the southeast corner of Sandy Lake Road and Denton Tap Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Alen Hinkley, applicant, addressed the Council. cm040808 Page 7 of 13 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 approve Case No. PD-209R-C, TownOaks Centre, zoning change request from PD-209-C (Planned Development-209-Commercial) to PD- 209R-C (Planned Development-209 Revised-Commercial) to allow an increase in the allowable size of a proposed attached sign from 25.6 square feet to 51.9 square feet, for Tuesday Morning, on property located at the southeast corner of Sandy Lake Road and Denton Tap Road, subject to the following conditions: 1) The sign shall be removed within 30 days of this lease space being vacated. 2) All future signage that is not in compliance with the regulations of the Sign Ordinance shall require an amendment to this Planned Development District. Mayor Pro Tem Hinojosa-Flores seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught and Franklin voting in favor of the motion. 15.PUBLIC HEARING: Consider approval of Case No. PD-222R2-LI, Duke Lesley Addition Lot 2, Block A, zoning change request from PD- 222-LI (Planned Development-222-Light Industrial) to PD- 222R2-LI (Planned Development-222 Revision 2-Light Industrial) to amend the PD conditions to allow for attached building signage which exceeds the size and number requirements of the Zoning Ordinance for Hemispheres, located along the north side of Dividend Drive, approximately 1,200 feet west of S. Belt Line Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. cm040808 Page 8 of 13 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 approve Case No. PD-222R2-LI, Duke Lesley Addition Lot 2, Block A, zoning change request from PD-222-LI (Planned Development-222- Light Industrial) to PD-222R2-LI (Planned Development-222 Revision 2-Light Industrial) to amend the PD conditions to allow for attached building signage which exceeds the size and number requirements of the Zoning Ordinance for Hemispheres, located along the north side of Dividend Drive, approximately 1,200 feet west of S. Belt Line Road. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa- Flores and Councilmembers Brancheau, Peters, Tunnell, Faught and Franklin voting in favor of the motion. 16.Consider approval of an Ordinance for Case No. PD-223R- C, Chase Bank (Kimbel Addition), a zoning change from PD-223-C (Planned Development-223-Commercial) to PD- 223R-C (Planned Development-223 Revised-Commercial) to attach a revised Detail Site Plan to allow the development of a 3,889-square-foot bank with three drive- thru lanes on 0.70 acres of property, located at the southeast corner of MacArthur Boulevard and Village Parkway and authorizing the Mayor to sign. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Action: Councilmember Franklin moved to approve Ordinance No. 91500- A-495 for Case No. PD-223R-C, Chase Bank (Kimbel Addition), a zoning change from PD-223-C (Planned Development-223- Commercial) to PD-223R-C (Planned Development-223 Revised- Commercial) to attach a revised Detail Site Plan to allow the development of a 3,889-square-foot bank with three drive-thru cm040808 Page 9 of 13 lanes on 0.70 acres of property, located at the southeast corner of MacArthur Boulevard and Village Parkway and authorizing the Mayor to sign. Councilmember Brancheau seconded the motion; the motion carried 4-2 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Faught and Franklin voting in favor of the motion and Councilmembers Peters and Tunnell voting against the motion. 17.Consider approval of awarding Bid/Contract # Q-0108-01 to Tiseo Paving Company, for the construction of the Coppell Road Project #ST 00-03 (Sandy Lake Road to Cooper Lane), in an amount of $3,057,846.30, as provided for in CIP funds; and authorizing the City Manager to sign. Presentation: Ken Griffin, Director of Engineering and Public Works, made a presentation to the Council. Action: Councilmember Franklin moved to approve the award of Bid/Contract # Q-0108-01 to Tiseo Paving Company, for the construction of the Coppell Road Project #ST 00-03 (Sandy Lake Road to Cooper Lane), in an amount of $3,057,846.30, as provided for in CIP funds; and authorizing the City Manager to sign. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught and Franklin voting in favor of the motion. 18.Consider approval to award Bid Q-0208-01 Rolling Oaks Memorial Center Cemetery to The Fain Group in the amount not to exceed $2,945,000.00 per budgeted in CIP funds. Including agreement with Stewart Enterprises for construction allocation schedule costs in the minimum amount of $261,533.00 and requiring City Manager to sign. cm040808 Page 10 of 13 Presentation: Jim Witt, City Manager, made a presentation to the Council. Action: Councilmember Tunnell moved to approve Bid Q-0208-01 Rolling Oaks Memorial Center Cemetary to The Fain Group in the amount not to exceed $2,945,000, and including the agreement with Stewart Enterprises for construction allocation schedule costs in the minimum amount of $295,748.00. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught and Franklin voting in favor of the motion. 19.Consider approval of accepting the resignation of Mahesh Guduru from the Library Board and appointing a new member to fill the unexpired term. Action: Councilmember Tunnell moved to approve the resignation of Mahesh Guduru from the Library Board and appointing Nancy Tao to fill the unexpired term. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa- Flores and Councilmembers Brancheau, Peters, Tunnell, Faught and Franklin voting in favor of the motion. 20.Mayor and Council Reports. A.Report by Mayor Stover regarding Metroplex Mayors Meeting. B.Report by Mayor Stover regarding Carter BloodCare Drive. A.Mayor Stover reported on his attendance at the Metroplex Mayor’s Meeting. Speaker Michael Morris, Director of Transportation for NCTCOG, gave updates on the transportation concerns in the area. B.Mayor Stover announced a community Blood Drive with CarterBloodCare April 22 at Town Center from 7-4 p.m. benefitting Coppell citizen Caden Ledbetter. Councilmember cm040808 Page 11 of 13 Peters thanked Ken Griffin and his department for the years of work coordinating the blood drives. At this time, Mayor Stover reconvened into Executive Session. EXECUTIVE SESSION (Closed to the Public) 21.Reconvene Executive Session A.Section 551.071, Texas Government Code - Consultation with City Attorney. 1.Mira Mar vs. City of Coppell. 2.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 191 st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101 District Court. st B.Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1.Purchase of real property west of Denton Tap/south of Bethel Road. 2.Oil and Gas Lease of City-owned property. C.Section 551.087, Texas Government Code – Economic Development Negotiations. 1.ED Prospects East and West of Beltline/Denton Tap and south of Bethel Road. Mayor Stover reconvened into Executive Session at 9:55 p.m. Mayor Stover adjourned the Executive Session at 10:39 p.m. and reopened the Regular Session. 22.Necessary action resulting from Work Session. There was no action necessary under this item. cm040808 Page 12 of 13 I 23. Necessary actioD resulting from Executive SessioD. There was no action necessary under this item. There being no further business t meeting was adjourned. ATTEST: I I cm040808 Page 13 of 13 ~~l" ).... the