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CM 2008-10-14 MINUTES OF OCTOBER 14, 2008 The City Council of the City of Coppell met in Regular Called Session on Tuesday, October 14, 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 (late arrival) Brianna Hinojosa-Flores, Councilmember (late arrival) Marsha Tunnell, Councilmember Billy Faught, Councilmember Karen Hunt, 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 191 st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101 District Court. st B.Section 551.087, Texas Government Code – Economic Development Negotiations. Cm101408 Page 1 of 14 1.ED Prospects East and West of Beltline/Denton Tap and south of Bethel Road. Councilmembers Peters and Hinojosa-Flores arrived before convening into Executive Session. Mayor Stover convened into Executive Session at 5:45 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 5:58 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3.Convene Work Session A.Discussion regarding Solid Waste Services and Waste Management. B.Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4.Convene Regular Session. 5.Invocation. Mayor Pro Tem Franklin led those present in the Invocation. 6.Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 7.Consider approval of a Proclamation naming the week of October 23 through October 31, 2008 as Red Ribbon Week, and authorizing the Mayor to sign. Mayor Stover read the Proclamation for the record and presented the same to Sgt. Tony Pletcher and Lt. Steve Thomas. Action: Councilmember Hinojosa-Flores moved to approve a Proclamation naming the week of October 23 through October 31, 2008 as Red Ribbon Week, and authorizing the Mayor to sign. Councilmember Cm101408 Page 2 of 14 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. 8.Consider approval of a proclamation proclaiming the month of October as Breast Cancer Awareness Month, and authorizing the Mayor to sign. Mayor Stover read the Proclamation for the record and presented the same to Terrie Aune, Jackie Brainard and Valerie Brunson from Pink Soles in Motion. Action: Councilmember Peters moved to approve a proclamation proclaiming the month of October as Breast Cancer Awareness Month, and authorizing the Mayor to sign. 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. 9.Presentation by City Staff regarding Coppell Environmental Management System. Amanda Vanhoozier, Community Programs Supervisor, made a presentation to Council. 10.Citizens' Appearances. 1) Pat Kernan, 724 Robin, spoke regarding the bond sale. CONSENT AGENDA 11.Consider approval of the following consent agenda items: A.Consider approval of minutes: September 23, 2008 October 2, 2008. Cm101408 Page 3 of 14 B.Consider approval of Amended Minutes of the March 11, 2008 Council Meeting to correct condition number one to Item No. 9 regarding Arbor Manors. C.Consider approval of awarding Buy Board Quote #23- 399 to Gomez Floor Covering, Inc. in the amount of $155,281.21 as provided for in the Infrastructure Maintenance Fund (IMF); and authorizing the City Manager to sign and execute any necessary documents. D.Consider approval of awarding Bid/Contract #Q- 0908-03 Water Meters for the purchase of water meters in the following manner: Series #100 to Municipal Water Works, L.P., Series #300 to ACT Pipe Supply, Series #400 to Mainline Supply Company, and Series #500 to Metron Farnier for a combined estimated total of $185,739 as budgeted; and authorizing the City Manager to sign and execute any necessary documents. E.Consider approval of an Ordinance for Case No. PD– 234-H, Lot 1, Block A, Wilson-Kirkland-Minyard Addition, zoning change 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 and authorizing the Mayor to sign. F.Consider approval of an Ordinance for Case No. S- 1247-SF-12, T-Mobile (First Assembly of God Church), zoning change 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’ equipment cabinet at the base, located at 200 S. Heartz Road and authorizing the Mayor to sign. Cm101408 Page 4 of 14 Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B, C, D, E carrying Ordninance No. 91500-A-507 and F carrying Ordinance No. 91500-A-508. Councilmember Peters 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, Mayor Pro Tem Franklin left the meeting. 12.Consider approval of an ordinance authorizing the issuance of City of Coppell, Texas combination tax and revenue Certificates of Obligation, SERIES 2008A, in the principal amount of $20,000,000.00 approving an official statement, authorizing the execution of a purchase agreement, making provisions for the security thereof, and ordaining other matters relating to the subject and authorizing the Mayor to sign. Presentation: Jennifer Miller, Director of Finance, made a presentation to the Council and introduced Boyd London from First Southwest. Mr. Boyd London made a presentation to Council. Action: Councilmember Faught moved to approve: Item 12 Ordinance No. 2008-1210 authorizing the issuance of City of Coppell, Texas combination tax and revenue Certificates of Obligation, SERIES 2008A, in the principal amount of $20,000,000.00 approving an official statement, authorizing the execution of a purchase agreement, making provisions for the security thereof, and ordaining other matters relating to the subject and authorizing the Mayor to sign; And, Cm101408 Page 5 of 14 Item 13 Ordinance authorizing the issuance of City of Coppell, Texas combination tax and revenue Certificates of Obligation, Taxable SERIES 2008B, in the principal amount of $6,500,000.00 approving an official statement, authorizing the execution of a purchase agreement, making provisions for the security thereof, and ordaining other matters relating to the subject and authorizing the Mayor to sign. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Councilmembers Brancheau, Peters, Hinojosa- Flores, Tunnell, Faught, and Hunt voting in favor of the motion. 13.Consider approval of an ordinance authorizing the issuance of City of Coppell, Texas combination tax and revenue Certificates of Obligation, Taxable SERIES 2008B, in the principal amount of $6,500,000.00 approving an official statement, authorizing the execution of a purchase agreement, making provisions for the security thereof, and ordaining other matters relating to the subject and authorizing the Mayor to sign. This item was considered under Item 12. See Item 12 for minutes. At this time, Mayor Pro Tem Franklin returned to the meeting. 14.Consider approval of a resolution to deny the proposed increase in rates and charges requested by Oncor Electric Delivery Company LLC, providing that the rates and charges of the said company be denied, providing for notice hereof to said company and authorizing Mayor to sign. Presentation: Jim Witt, City Manager, made a presentation to the Council. Action: Councilmember Brancheau moved to approve Resolution No. 2008-1014.1 to deny the proposed increase in rates and charges requested by Oncor Electric Delivery Company LLC, providing that Cm101408 Page 6 of 14 the rates and charges of the said company be denied, providing for notice hereof to said company and authorizing 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. 15.PUBLIC HEARING: Consider approval of Case No. S-1248-C, Papa Murphy’s, a zoning change request from C (Commercial) to S-1248-C (Special Use Permit-1248-Commercial), to allow a 1,226- square-foot grocery take-out, to be located at 612 E. Sandy Lake Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. David Simmons, applicant, addressed 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 Peters moved to close the Public Hearing and approve Case No. S-1248-C, Papa Murphy’s, a zoning change request from C (Commercial) to S-1248-C (Special Use Permit- 1248-Commercial), to allow a 1,226-square-foot grocery take-out, to be located at 612 E. Sandy Lake Road subject to the following conditions: 1) Grease trap determination will be made by the Building Official. 2) Signage for this building (color, size font, etc.) will be determined by the first application approval for a sign permit. 3) Contact Larry Redick at (972) 323-8917 to discuss electric service requirements. Cm101408 Page 7 of 14 Councilmember Faught 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.PUBLIC HEARING: Consider approval of Case No. PD-235-O, Denton Creek @ Sandy Lake Addition, Lot 2, Block A, a zoning change request from SF-12 (Single Family-12) to PD-235-O (Planned Development District 235-Office), to allow the construction of a two-story, 11,632-square-foot office building on 0.83 acres of property located on the north side of Sandy Lake Road, approximately 600 feet west of Starleaf 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: Mayor Pro Tem Franklin moved to close the Public Hearing and approve Case No. PD-235-O, Denton Creek @ Sandy Lake Addition, Lot 2, Block A, a zoning change request from SF-12 (Single Family- 12) to PD-235-O (Planned Development District 235-Office), to allow the construction of a two-story, 11,632-square-foot office building on 0.83 acres of property located on the north side of Sandy Lake Road, approximately 600 feet west of Starleaf Road subject to the following conditions: 1) Contact Larry Redick (972-323-8917) to discuss electric service requirements. 2) Tree removal permit required prior to start of construction. 3) Removal of landscaping and retrofitting of irrigation of proposed left turn needs to be coordinated with Parks Operation Manager. Cm101408 Page 8 of 14 4) Remove note #1 under “Requested Variances…” from Site Plan. 5) Rephrase Note #2 on Site Plan. 6) Remove “Of” from Elevation Sheet. 7) The property owners must build a six-foot screening wall along the west and north property lines when/if property is sold. 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. 17.Consider approval of the Denton Creek @ Sandy Lake Addition, Lots 1 & 2, Block A, Minor Plat, to allow the construction of a single-family home on Lot 1 and a two- story office building on Lot 2, on 2.3 acres of property located on the north side of Sandy Lake Road, approximately 600 feet west of Starleaf Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Action: Councilmember Peters moved to approve Denton Creek @ Sandy Lake Addition, Lots 1 & 2, Block A, Minor Plat, to allow the construction of a single-family home on Lot 1 and a two-story office building on Lot 2, on 2.3 acres of property located on the north side of Sandy Lake Road, approximately 600 feet west of Starleaf Road subject to the following conditions: 1) Contact Larry Redick (972-323-8917) regarding electric service requirements. 2) The City of Coppell will have no responsibility for maintenance for the floodway or floodplain areas as shown. The maintenance for these areas shall be the sole responsibility of the individual lot owners adjacent to said areas. These areas to remain free of improvements that may obstruct the flow of storm water and protected from potential erosion by the owners. No fences will be allowed in the Cm101408 Page 9 of 14 floodplain along with any other structures as per the City's floodplain ordinance. Councilmember Hunt seconded the motion; the motion carried 6-1 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Faught, and Hunt voting in favor of the motion and Councilmember Tunnell voting against the motion. 18.PUBLIC HEARING: Consider approval of Case No. PD-162R-MF-2, Gunner Subdivision, Lots 1 & 2, Block A, a zoning change request from PD-162-MF-2 (Planned Development District 162 – Multifamily-2) to PD-162R-MF-2 (Planned Development District 162- Revised – Multi-family-2) to allow the conversion of a portion of the existing leasing office/amenity area into three residential units, to add garages/storage areas, and to reconfigure parking spaces, on 37.8 acres of property located 1717 and 1721 Belt Line 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: Mayor Pro Tem Franklin moved to approve Case No. PD-162R-MF- 2, Gunner Subdivision, Lots 1 & 2, Block A, a zoning change request from PD-162-MF-2 (Planned Development District 162 – Multifamily-2) to PD-162R-MF-2 (Planned Development District 162- Revised – Multi-family-2) to allow the conversion of a portion of the existing leasing office/amenity area into three residential units, to add garages/storage areas, and to reconfigure parking spaces, on 37.8 acres of property located 1717 and 1721 Belt Line Road subject to the following conditions: Cm101408 Page 10 of 14 1) Ensure all trees affected by the parking lot revisions are replaced and verify there is a tree at the end of each parking row. 2) Contact Larry Redick at 972-323-8917 to discuss electric service requirements. 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. 19.Consider approval of the Lesley Retail Addition, Blocks A & B, & Dividend Drive, Preliminary Plat, to establish property boundaries and the alignment of Dividend Drive on 28.142 acres of property located on the east side of S. Belt Line Road, north of Hackberry Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Action: Councilmember Faught moved to approve the Lesley Retail Addition, Blocks A & B, & Dividend Drive, Preliminary Plat, to establish property boundaries and the alignment of Dividend Drive on 28.142 acres of property located on the east side of S. Belt Line Road, north of Hackberry Drive subject to the following conditions: 1)Contact Jeff Curry at 972-888-1330 to discuss easement requirements. 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. 20.Consider approval of the Dividend Drive (Lesley Retail Addition), Final Plat, to establish a 90-foot wide right-of- way for the extension of Dividend Drive from S. Belt Line Road to the Coppell/Dallas City Limit Line, containing Cm101408 Page 11 of 14 1.286 acres of property located approximately 1,434 feet north of Hackberry Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Action: Councilmember Faught moved to approve the Dividend Drive (Lesley Retail Addition), Final Plat, to establish a 90-foot wide right-of-way for the extension of Dividend Drive from S. Belt Line Road to the Coppell/Dallas City Limit Line, containing 1.286 acres of property located approximately 1,434 feet north of Hackberry Drive subject to the following conditions: 1) Include recording information of off-site temporary access easement prior to filing. 2) Contact Jeff Curry at 972-888-1330 to discuss easement requirements. 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. 21.Consider appointments of Youth Advisors to the Parks and Recreation Board. Action: Councilmember Hunt moved to approve Alesha Hiller and Taylor Mays as Youth Advisors to the Parks and Recreation Board. Councilmember Peters 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. 22.Consider appointments to the Coppell Economic Development Foundation for a one year term. Cm101408 Page 12 of 14 Presentation: Jim Witt, City Manager, made a presentation to the Council. Action: Councilmember Brancheau moved to approve Bill Rohloff, Gary Roden, Dornell Reese Jr., Bradley Snyder and Ken Luttmer to the Coppell Economic Development Foundation for a one year term. 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. 23.Mayor and Council Reports. A.Report by Mayor Stover regarding State Election Candidate Forum Event. B.Report by Mayor Stover regarding Oaktoberfest on October 18. th C.Report by Mayor Stover regarding Metroplex Mayors’ Meeting. D.Report by Mayor Stover regarding National Night Out. A.Mayor Stover announced a State Election Candidate Forum sponsored by the Coppell Education Foundation and the PTO to be held on October 21 at 7 p.m. at the High School. It will be education focused, but open to any issues citizens may have. He invites the community to attend. rd B.Mayor Stover reminded everyone to attend the 3 Annual Oaktoberfest on October 18 at Andy Brown East. Emerald City is the headlining band and will be performing from 7-10 p.m. C.Mayor Stover and Jim Witt attended the Metroplex Mayor’s Meeting. The guest speaker, Mark Dartsour, Chief Economist and Director of Research at Texas A&M University, spoke about the current economic issues. D.Mayor Stover thanked everyone who participated in National Night Out. The evening was successful with 46 block parties. Cm101408 Page 13 of 14 24. Necessary action resulting from Work Session. There was no action necessary under this item. 25. Necessary action resulting from Executive Session. There was no action necessary under this item. There being no further business t co e before th ity Council, the meeting was adjourned. ~ ATTEST: . ~c:~ Libby Ball ty Secretary Stover, Mayor Cm 101408 Page 14 of 14