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CM 2008-05-13 MINUTES OF MAY 13, 2008 The City Council of the City of Coppell met in Regular Called Session on Tuesday, May 13, 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 Brianna Hinojosa-Flores, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Marsha Tunnell, Councilmember Billy Faught, 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 Work 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 191 st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101 District Court. st 2.Mira Mar vs. City of Coppell. cm051308 Page 1 of 11 B.Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1.Purchase of real property west of Denton Tap/south of Bethel Road. 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 and north of Sandy Lake Road/East of Denton Tap. Executive Session was held at the end of the meeting. WORK SESSION (Open to the Public) 3.Convene Work Session A.Discussion regarding Appointment of Mayor Pro Tem. B.Discussion regarding Skateboard Ordinance. C.Discussion regarding Council Retreat. 1.Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4.Convene Regular Session. 5.Invocation. Rod Collver, Living Hope Church, led those present in the Invocation. 6.Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 7.Canvass returns of the May 10, 2008 General Municipal Election, approval of an order declaring the results of said election; and authorizing the Mayor to sign. cm051308 Page 2 of 11 Presentation: City Attorney Robert Hager read the Canvass of Returns and Declaration of Results of election into the record showing the following number of votes: Place 1 Tim Brancheau 897 Place 3 Brianna Hinojosa-Flores 680 Brent Wooten 464 Place 5 Billy Faught 883 Place 7 Mike Ridgley 376 Karen Hunt 706 Action: Councilmember York moved to approve Resolution No. 2008- 0513.1 the Canvass of Returns and Declaration of Results. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught, Franklin and York voting in favor of the motion. At this time, Item 10 was considered. Please see Item 10 for the minutes. 8.Swearing in of Councilmembers Place 1, 3, 5 & 7. Mayor Doug Stover swore in the following as a result of the May 10 election: Councilmember/Place 1 Tim Brancheau Councilmember/Place 3 Brianna Hinojosa-Flores Councilmember/Place 5 Billy Faught Councilmember/Place 7 Karen Hunt 9.Consider appointment of Mayor Pro Tem as required by Section 3.05 of the Home Rule Charter. cm051308 Page 3 of 11 Action: Mayor Pro Tem Hinojosa-Flores moved to appoint Marvin Franklin to serve as Mayor Pro Tem. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. At this time, the makeup of Council is as follows: Doug Stover, Mayor Marvin Franklin, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Karen Hunt, Councilmember 10.Councilmember appreciation presentation. Mayor Stover presented a plaque to former Councilmember York and commended him for his work on City Council. 11.Consider approval of a proclamation honoring Pete Wilson for his years of service to the Coppell community, and authorizing the Mayor to sign. Presentation: Mayor Stover read the Proclamation for the record and presented the same to Pete Wilson. Action: Councilmember Peters moved to approve a proclamation honoring Pete Wilson for his years of service to the Coppell community, and authorizing the Mayor to sign. Mayor Pro Tem Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. cm051308 Page 4 of 11 12.Consider approval of a proclamation naming May 15 as Coppell Fire Department Day, and authorizing the Mayor to sign. Presentation: Mayor Stover read the Proclamation for the record and presented the same to Chief Kevin Richardson. Action: Councilmember Faught moved to approve a proclamation naming May 15 as Coppell Fire Department Day, and authorizing the Mayor to sign. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 13.Citizens' Appearances. Thomas Burrows, 138 Wynnpage, spoke regarding yard waste and code enforcement. CONSENT AGENDA 14.Consider approval of the following consent agenda items: A.Consider approval of minutes: April 22. 2008. B.Consider approval of an agreement with Oncor Electric Delivery to provide median lighting for the Bethel Road Project #ST 99-05 in the amount of $69,282.00; as provided for in CIP funds; and authorizing the City Manager to sign. C.Consider approval of an amendment to the "Agreement of Exchange of Property" between the City of Coppell and Chadick Capital L.P. approved March 27, 2007; for the exchange of property to allow the construction of drainage improvements on the Bethel Road Project; and authorizing the City Manager to sign. cm051308 Page 5 of 11 D.Consider approval of an Ordinance amending the Code of Ordinances by repealing Article 15-9, Property Maintenance Code, in its entirety and by adding a new Article 15-14 to provide the adoption of the International Property Maintenance Code, 2006 Edition, and the amendments thereto; and authorizing the Mayor to sign. E.Consider approval of an Ordinance amending the Code of Ordinances by readopting and recodifying Article 15-9 providing for the adoption of the Coppell Thoroughfare Plan; and authorizing the Mayor to sign. F.Consider approval of an Ordinance for Case No. PD- 209R-C, TownOaks Centre, zoning change 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 and authorizing the Mayor to sign. G.Consider approval of an Ordinance for Case No. PD- 214R3-SF-9, Arbor Manors Phase II, zoning change from R (Retail) to PD-214R3-SF-9 (Planned Development-214 Revision-3-Single Family-9) to attach a Detail Site Plan to allow the development of two (2) single-family homes, one (1) common area lot and street right-of-way on approximately 0.87 acres of property located north of the Whispering Hills Addition and east of the Georgian Place Addition and authorizing the Mayor to sign. H.Consider approval of an Ordinance for Case No. PD- 222R2-LI, Duke Lesley Addition Lot 2, Block A, zoning change 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 cm051308 Page 6 of 11 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 and authorizing the Mayor to sign. Action: Councilmember Peters moved to approve Consent Agenda Items A, B, C, D carrying Ordinance No. 2008-1195, E carrying Ordinance No. 2008-1196, F carrying Ordinance No. 91500-A-497, G carrying Ordinance No. 91500-A-498 and H carrying Ordinance No. 91500- A-499. Councilmember Hunt seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 15.PUBLIC HEARING: Consider approval of Case No. PD-200R2-SF-12, Petterson Addition, zoning change request from PD-200R-SF-12 (Planned Development-200 Revised -Single Family-12) to PD-200R2-SF-12 (Planned Development-200 Revision 2- Single Family-12), to allow: realignment of the mutual access/fire lane easement; an exception to the garage access requirement that states garage access must only be accessed off of the alley; revised landscape plan and construction of four single-family homes on 2.27 acres of property, located along the north side of Sandy Lake Road, approximately 130 feet west of Summer Place Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Ed Kelly, representing the applicant, addressed the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised no one had signed up to speak. cm051308 Page 7 of 11 Action: Councilmember Tunnell moved to close the Public Hearing and approve Case No. PD-200R2-SF-12, Petterson Addition, zoning change request from PD-200R-SF-12 (Planned Development-200 Revised -Single Family-12) to PD-200R2-SF-12 (Planned Development-200 Revision 2-Single Family-12), to allow: realignment of the mutual access/fire lane easement; an exception to the garage access requirement that states garage access must only be accessed off of the alley; revised landscape plan and construction of four single-family homes on 2.27 acres of property, located along the north side of Sandy Lake Road, approximately 130 feet west of Summer Place Drive, subject to the following conditions: 1.A Tree Removal permit is required prior to start of construction; 2.None of the garages will open to the front/street. Mayor Pro Tem Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 16.Consider approval the Petterson Addition, Lots 1R-4R, & 1XR, Block A, Replat, to establish four single-family residential lots, one common area, easements, and a fire lane on 2.27 acres of property, located along the north side of Sandy Lake Road, approximately 130 feet west of Summer Place Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Action: Councilmember Tunnell moved to approve the Petterson Addition, Lots 1R-4R, & 1XR, Block A, Replat, to establish four single-family residential lots, one common area, easements, and a fire lane on 2.27 acres of property, located along the north side of Sandy Lake Road, approximately 130 feet west of Summer Place Drive. Councilmember Brancheau seconded the motion; the motion cm051308 Page 8 of 11 carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 17.Consider approval of a resolution authorizing the filing of a project funding application with the North Central Texas Council of Governments for a regional solid waste management local project, and authorizing the Mayor to sign. Presentation: Brad Reid, Director of Parks and Recreation, made a presentation to the Council. Action: Mayor Pro Tem Franklin moved to approve Resolution No. 2008- 0513.2 authorizing the filing of a project funding application with the North Central Texas Council of Governments for a regional solid waste management local project, and authorizing the Mayor to sign. Councilmember Hinojosa-Flores seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 18.Mayor and Council Reports. A.Report by Mayor Stover regarding the Metroplex Mayors’ Meeting. B.Report by Mayor Stover regarding the Education Foundation Recognition Dinner. A.Councilmember Peters attended the Metroplex Mayors’ Meeting in Mayor Stover’s absence. She said Representative Linda Harper Brown was the guest speaker and discussed gas prices heading towards $6/gallon. Rep. Harper Brown said they will be looking for solutions to this problem in the upcoming legislative session. cm051308 Page 9 of 11 B. Mayor Stover reported on the entertaining program put on by the Education Foundation. The dinner honors the top 5% of the students in the graduating class and honors the campus teachers of the year. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session C.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 191 st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101 District Court. st 2.Mira Mar vs. City of Coppell. D.Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1.Purchase of real property west of Denton Tap/south of Bethel Road. E.Section 551.087, Texas Government Code – Economic Development Negotiations. 1.ED Prospects East and West of Beltline/Denton Tap and south of Bethel Road and north of Sandy Lake Road/East of Denton Tap. Mayor Stover convened into Executive Session at 8:43 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 9:30 p.m. and opened the Regular Session. cm051308 Page 10 of 11 I 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. There being no further busines be fore Qe meeting was adjourned. City Council, the ATTEST: I I cm051308 Page 11 of 11