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CM 2008-09-09 MINUTES OF SEPTEMBER 9, 2008 The City Council of the City of Coppell met in Regular Called Session on Tuesday, September 9, 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 Marvin Franklin, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Brianna Hinojosa-Flores, Councilmember (late arrival) Billy Faught, Councilmember Karen Hunt, Councilmember Councilmember Tunnell was absent. 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 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 and South of Bethel Road. cm090908 Page 1 of 13 2.Land Purchase West of MacArthur and South of Beltline. 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 S.H. 121 and east of Denton Tap. Councilmember Hinojosa-Flores arrived during Executive Session. Mayor Stover convened into Executive Session at 5:45 p.m. as allowed under the above-stated article. Mayor Stover recessed the Executive Session at 6:25 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3.Convene Work Session A.Discussion regarding Board & Commission Appointments and Orientation. B.Update regarding Grapevine Springs Community Center. C.Discussion regarding the 2009 Budget/Council Calendar. D.Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4.Convene Regular Session. 5.Invocation. Councilmember Faught led those present in the Invocation. 6.Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 7. Special presentation honoring Waste Management employees Francisco Alvarez, Oscar Salceda and Michael Holbrook with Certificates of Appreciation for their dedication and commitment to the community of Coppell. cm090908 Page 2 of 13 Mayor Stover presented Certificates of Appreciation to Francisco Alvarez, Oscar Salceda and Michael Holbrook. 8. Citizens' Appearances. There was no one signed up to speak under this item. CONSENT AGENDA 9.Consider approval of the following consent agenda items: A.Consider approval of minutes: August 26, 2008 September 2, 2008. B.Consider approval of accepting the resignation of Rebecca Carter from the Keep Coppell Beautiful Board. C.Consider approval of a Resolution amending Resolution No. 010996.3 as heretofore amended, with regard to other fees and authorizing the Mayor to sign. D.Consider approval of an ordinance electing for the City to make current service and prior service contributions to the City's account in the municipal accumulation fund of the Texas Municipal Retirement System at the actuarially determined rate of total employee compensation and authorizing the Mayor to sign. E.Consider approval of an Ordinance for Case No. PD- 205R2-HC, Vista Ridge Addition, Lot 6, Block D (The Plaza), a zoning change from PD-205R-HC (Planned Development -205 Revised-Highway Commercial) to PD-205R2-HC (Planned Development-205 Revision 2-Highway Commercial), to amend the Planned Development to attach a Detail Site Plan to allow a 13,450-square-foot retail/restaurant building on cm090908 Page 3 of 13 property located at the northwest corner of S.H. 121 and Plaza Blvd and authorizing the Mayor to sign. F.Consider approval of an Ordinance for Case No. PD- 209R2-C, (Planned Development-209-Revision 2- Commercial) TownOaks Centre, a zoning change from PD-209R-C (Planned Development-209-Revised- Commercial) to PD-209R2-C (Planned Development- 209-Revision 2-Commercial), to amend the development regulations to allow two restaurant/retail uses within this structure, on property located at the southeast corner of Sandy Lake Road and Denton Tap Road and authorizing the Mayor to sign. Action: Councilmember Peters moved to approve Consent Agenda Items A, B, C carrying Resolution No. 2008-0909.1, D carrying Ordinance No. 2008-1204, E carrying Ordinance No 91500-A-505 and F carrying Ordinance No. 91500-A-506. Councilmember Hunt seconded the motion; the motion carried 6-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Faught and Hunt voting in favor of the motion. 10.Consider approval of an Ordinance approving and adopting the budget for the City of Coppell for the Fiscal Year of October 1, 2008 through September 30, 2009, and authorizing the Mayor to sign. Presentation: Jennifer Miller, Director of Finance, made a presentation to the Council. Action: Mayor Pro Tem Franklin moved to approve Ordinance No. 2008-1205 approving and adopting the budget for the City of Coppell for the Fiscal Year of October 1, 2008 through September 30, 2009, and authorizing the Mayor to sign. Councilmember Hinojosa-Flores seconded the motion; the motion carried 6-0 with cm090908 Page 4 of 13 Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Faught and Hunt voting in favor of the motion. 11.Consider the approval of the property tax revenue increase as reflected in the 2008-2009 Annual Operating Budget. Presentation: Jennifer Miller, Director of Finance, made a presentation to the Council. Action: Councilmember Peters moved to adopt a budget that requires raising more revenue from property taxes than the previous year and to ratify the tax increase reflected in the budget. Councilmember Faught seconded the motion; the motion carried 6-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Faught and Hunt voting in favor of the motion. 12.Consider approval of an Ordinance of the City of Coppell, Texas levying the ad valorem taxes for the year 2008 at .64146/$100 per valuation of which .49577 for operations and maintenance and .14569 for interest and sinking, and authorizing the Mayor to sign. Presentation: Jennifer Miller, Director of Finance, made a presentation to the Council. Action: Councilmember Peters moved to approve Ordinance No. 2008- 1206 levying the ad valorem taxes for the year 2008 at .64146/$100 per valuation of which .49577 for operations and maintenance and .14569 for interest and sinking, and authorizing the Mayor to sign. Councilmember Hunt seconded the motion; the motion carried 6-0 with Mayor Pro Tem Franklin and cm090908 Page 5 of 13 Councilmembers Brancheau, Peters, Hinojosa-Flores, Faught and Hunt voting in favor of the motion. 13.Consider approval of the First Assembly of God Church (Living Hope), Site Plan Amendment, to allow the construction of an approximate 70-foot high bell tower at the southwest corner of the existing 11,000-square-foot exposed aggregate tilt wall building, on 5.95 acres of property located at 200 S. Heartz Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council on items 13 and 14. Denise Cardinal, representing the applicant T-Mobile, addressed the Council. Public Hearing: Mayor Stover opened the Public Hearing for Item 14 and advised that no one had signed up to speak on this proposal. Action: Mayor Pro Tem Franklin moved to close the Public Hearing and approve: Item 13 The First Assembly of God Church (Living Hope), Site Plan Amendment, to allow the construction of an approximate 70-foot high bell tower at the southwest corner of the existing 11,000- square-foot exposed aggregate tilt wall building, on 5.95 acres of property located at 200 S. Heartz Road, And: Item 14 Case No. S-1247-SF-12, T-Mobile (First Assembly of God Church), zoning change request from SF-12 (Single Family-12) to S-1247- SF-12 (Special Use Permit-1247-Single Family-12), to allow wireless communication antennas to be mounted inside a cm090908 Page 6 of 13 proposed 70-foot high bell tower and a 20’×20’ shelter constructed at the base. Councilmember Hunt seconded the motion; the motion carried 6-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Faught and Hunt voting in favor of the motion. 14.PUBLIC HEARING: Consider approval of Case No. S-1247-SF-12, T-Mobile (First Assembly of God Church), zoning change request from SF-12 (Single Family-12) to S-1247-SF-12 (Special Use Permit-1247-Single Family-12), to allow wireless communication antennas to be mounted inside a proposed 70-foot high bell tower and a 20’×20’ shelter constructed at the base. This item was considered under Item 13. See Item 13 for minutes. 15.PUBLIC HEARING: Consider approval of Case No. PD–234-H, Lot 1, Block A, Wilson-Kirkland-Minyard Addition, zoning change request from H (Historic) to PD-234-H (Planned Development-234- Historic) to allow the relocation of a 1,100-square-foot house and a 600-square-foot replica of the Minyard’s drug store on 0.27 acres of property located at the southeast corner of W. Bethel Road and S. Coppell Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. cm090908 Page 7 of 13 Action: Councilmember Peters moved to close the Public Hearing and approve Case No. PD–234-H, Lot 1, Block A, Wilson-Kirkland- Minyard Addition, zoning change request from H (Historic) to PD- 234-H (Planned Development-234-Historic) to allow the relocation of a 1,100-square-foot house and a 600-square-foot replica of the Minyard’s drug store on 0.27 acres of property located at the southeast corner of W. Bethel Road and S. Coppell Road. Mayor Pro Tem Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Faught and Hunt voting in favor of the motion. 16.PUBLIC HEARING: Consider approval of the Wilson-Kirkland-Minyard Addition, Lots 1 & 2, Block A, Minor Plat, to establish a building site to allow for the relocation of a 1,100-square- foot house and a 600-square-foot replica of the Minyard’s drug store on Lot 1 (.27 acres) and retention of the existing structures on Lot 2 (.56 acres) located at the southeast corner of W. Bethel Road and S. Coppell Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council, and advised the item is not a Public Hearing. Action: Councilmember Faught moved to approve the Wilson-Kirkland- Minyard Addition, Lots 1 & 2, Block A, Minor Plat, to establish a building site to allow for the relocation of a 1,100-square-foot house and a 600-square-foot replica of the Minyard’s drug store on Lot 1 (.27 acres) and retention of the existing structures on Lot 2 (.56 acres) located at the southeast corner of W. Bethel Road and S. Coppell Road. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Faught and Hunt voting in favor of the motion. 17.PUBLIC HEARING: cm090908 Page 8 of 13 Consider approval of the Stringfellow Addition (Coppell Vision Center), Lot 9R, Block A, Replat, to establish fire lanes, building lines and easements to allow the construction of a 2,600-square-foot medical office on 0.434 acres of property located at the southeast corner of Sandy Lake and Nash Road, 541 East Sandy Lake Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Hunt moved to close the Public Hearing and approve the Stringfellow Addition (Coppell Vision Center), Lot 9R, Block A, Replat, to establish fire lanes, building lines and easements to allow the construction of a 2,600-square-foot medical office on 0.434 acres of property located at the southeast corner of Sandy Lake and Nash Road, 541 East Sandy Lake Road. Councilmember Peters seconded the motion; the motion carried 6-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Faught and Hunt voting in favor of the motion. 18.Consider approval of the Deer Run Addition, Phase II, Lot 1, Block 1, Minor Plat, to establish a building site and setback lines to allow the construction of a new single- family home to front on Hawken Drive, on 0.709 acres of property located on the north side of Ruby Road, property known as 600 Ruby Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. cm090908 Page 9 of 13 Action: Councilmember Faught moved to approve the Deer Run Addition, Phase II, Lot 1, Block 1, Minor Plat, to establish a building site and setback lines to allow the construction of a new single-family home to front on Hawken Drive, on 0.709 acres of property located on the north side of Ruby Road, property known as 600 Ruby Road subject to the following conditions: 1) If any trees are to be removed, a Tree Removal Permit will be required, and the tree survey will need to be brought into compliance with 12-34-2 of the Zoning Ordinance; 2) Engineering review and approval of the location of new taps and meters for water and sewer; 3) Drainage will be evaluated during engineering plan review; 4) Engineering review and approval of proposed curb cut on Hawken, and the removal of the curb cuts on Ruby Road. Councilmember Hunt seconded the motion; the motion carried 6-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Faught and Hunt voting in favor of the motion. 19.Consider approval of an ordinance approving a negotiated settlement with Atmos Energy Corp., Mid-Tex Division, regarding the Rate Review Mechanism filing and finding the attached Tariffs implementing new rates within the corporate city limits of the City of Coppell are just and reasonable; and authorizing the Mayor to sign. Presentation: Jim Witt, City Manager, made a presentation to the Council. Action: Councilmember Brancheau moved to approve Ordinance No. 2008-1207 approving a negotiated settlement with Atmos Energy Corp., Mid-Tex Division, regarding the Rate Review Mechanism filing and finding the attached Tariffs implementing new rates cm090908 Page 10 of 13 within the corporate city limits of the City of Coppell are just and reasonable; and authorizing the Mayor to sign. Councilmember Hinojosa-Flores seconded the motion; the motion carried 6-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Faught and Hunt voting in favor of the motion. 20.Consider appointments to the City’s Boards/Commissions/Committees. Mayor Stover read the proposed slate as follows: American Red Cross: 3-year Regular Gail Modic Animal Services Advisory and Appeals Board 2-year Veterinarian Dr. Reid Garfield Board of Adjustment 2-year Regular Robert Chomiak Mark LeGros Laura Ketchum 2-year Alternate Robert Mahalik Doug Robinson Coppell Economic Development Committee 2-year Regular Bradley Snyder Bill Rohloff Gary Roden Ken Luttmer Greg Jenkins Coppell Education Development Corporation 2-year Regular Brian Letzkus Thomas Massimi Gina Mote cm090908 Page 11 of 13 Keep Coppell Beautiful 2-year Regular Brent Wooten Shannon Olmstead Craig Pritzlaff 1-year Regular Brandi Todd Keep Coppell Beautiful – Youth Advisor 1-year Student James Halpin Paul Chung Library Board 2-year Regular Meme Collins-Tabuena Wendy Dunn Thomas Dwyer Marcia Raines 2-year Alternate Steven Smith Library Board – Youth Advisors 1-year Student Diane Feldman Geetika Rao Parks and Recreation Board 2-year Regular Jack Clark Greg Garcia Larry Jones Dixon Rich Scott Sumpter Terra Taylor Mark Tepper 2-year Alternate Brian Brandstetter Carolyn Horner Planning and Zoning Commission 2-year Regular Anna Kittrell Greg Frnka Derek Jett cm090908 Page 12 of 13 1 L' Councilmember Brancheau moved to approve the slate as presented. Councilmember Faught seconded the motion; the motion carried 6-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, ]~inojosa-Flores, Faught and Hunt voting in favor of the motion. 21. Mayor and Council Reports. A. Report by Mayor Stover regarding Metroplex Mayors' Meeting. B. Report by Mayor Stover regarding meeting with the Coppell Women's Club. A. Mayor Stover, Jim Witt and Clay Phillips attended the Mayors' Metroplex Meeting with guest speaker, Dr. David Daniel, President of the University of Texas at Dallas. Dr. Daniel spoke regarding the :missed opportunity of not having an accredited research university in the metroplex. B. Mayor Stover spoke to the C;oppell Women's Club and provided a question and answer session on projects occurring around the community. 22. Necessary action resulting from Work Session. There was no action necessary under tlhis item. 1 23. Necessary action resulting from Executive Session. There was no action necessary There being no further business to meeting was adjourned. ATTEST: this item. Douglas N Lib y Ba ity Secretary the ity Council, the Mayor cm090908 Page 13 of 13