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CM 2008-11-11 MINUTES OF NOVMEBER 11, 2008 The City Council of the City of Coppell met in Regular Called Session on Tuesday, November 11, 2008 at 5:45 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 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 Work Session. WORK SESSION (Open to the Public) 3.Convene Work Session A.Legislative Update – Dan & Jennifer Shelley. B.Cemetery Update. C.Non-Profit Funding. D.2030 Budget Impacts. E.Southwestern Boulevard Construction. F.Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4.Convene Regular Session. 5.Invocation. Pastor Jennifer Scott of First United Methodist Church led those present in the Invocation. Cm111108 Page 1 of 10 6.Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 7.Citizens' Appearances. There was no one signed up to speak under this item. CONSENT AGENDA 8.Consider approval of the following consent agenda items: A.Consider approval of minutes: October 28, 2008. B.Consider approval of an Economic Development Agreement by and between the City of Coppell and Coppell Crossing, LP , and authorizing the Mayor to sign. C.Consider approval for the procurement of five John Deere 997 Z-Turn Mowers through Buy Board Contract Number 292-08 from John Deere for the amount not to exceed $61,934.95, as budgeted; and authorizing the City Manager to sign all required documents relative to the purchase. D.Consider approval of an Ordinance for Case No. PD- 162R-MF-2, Gunner Subdivision, Lots 1 & 2, Block A, a zoning change 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 and authorizing the Mayor to sign. E.Consider approval of an Ordinance for Case No. PD- 235-O, Denton Creek @ Sandy Lake Addition, Lot 2, Cm111108 Page 2 of 10 Block A, a zoning change 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 and authorizing the Mayor to sign. F.Consider approval of an Ordinance for Case No. S- 1248-C, Papa Murphy’s, a zoning change 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 and authorizing the Mayor to sign. Action: Councilmember Peters moved to approve Consent Agenda Items A, B, C, D carrying Ordinance No. 91500-A-509, E carrying Ordinance No. 91500-A-510 and F carrying Ordinance No. 91500-A-511. 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. 9.PUBLIC HEARING: Consider approval of Case No. PD-161R2-SF-12, Stratford Manor, zoning change request from PD-161-SF-12 (Planned Development District-161-Single Family-12) to PD-161R2-SF-12 (Planned Development District-161 Revision 2-Single Family-12) to allow a concrete block wall within and a gazebo roof to overhang the 20-foot buffer area, as specified in Section 2(D) of Ordinance #91500-A-177, along the rear of Lot 12, Block A, property known as 709 Stratford Lane. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Cm111108 Page 3 of 10 Tony Pack, 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 Faught moved to close the Public Hearing and approve Case No. PD-161R2-SF-12, Stratford Manor, zoning change request from PD-161-SF-12 (Planned Development District- 161-Single Family-12) to PD-161R2-SF-12 (Planned Development District-161 Revision 2-Single Family-12) to allow a concrete block wall within and a gazebo roof to overhang the 20-foot buffer area, as specified in Section 2(D) of Ordinance #91500-A-177, along the rear of Lot 12, Block A, property known as 709 Stratford Lane, subject to the following conditions: 1) Amend the PD to allow this CMU screening fence on this lot. 2) Owner will procure a building permit for the fence, and arbor. 3) It is established the arbor is not infringing on the 20-foot rear setback. 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. 10.PUBLIC HEARING: Consider approval of Case No. PD-236-SF-12, Bethel Road Manor, a zoning change request from C (Commercial) and SF-12 (Single Family-12) to PD-236-SF-12 (Planned Development-236-Single Family-12) to allow the construction of a single-family home with an eight-foot side yard on property located on the north side of Bethel Road, known as 234 W. Bethel Road. Cm111108 Page 4 of 10 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-236-SF-12, Bethel Road Manor, a zoning change request from C (Commercial) and SF-12 (Single Family-12) to PD-236-SF-12 (Planned Development-236-Single Family-12) to allow the construction of a single-family home with an eight-foot side yard on property located on the north side of Bethel Road, known as 234 W. Bethel Road, subject to the following conditions: 1) Approve the elimination of the alley requirement. 2) Residence will be required to be equipped with an automatic fire sprinkler system based on square footage of structure and distance from a public street. 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. 11.Consider approval of the Bethel Road Manor, Lot 1, Block A, Minor Plat, to establish a building site and setback lines to allow the construction of a single-family home on 2.78 acres of property located on the north side of Bethel Road, known as 234 W. Bethel Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Cm111108 Page 5 of 10 Action: Councilmember Peters moved to approve the Bethel Road Manor, Lot 1, Block A, Minor Plat, to establish a building site and setback lines to allow the construction of a single-family home on 2.78 acres of property located on the north side of Bethel Road, known as 234 W. Bethel Road, subject to the following conditions: 1) Contact Larry Redick at (972) 323-8917 to discuss electric service requirements. 2) A tree removal permit will be required prior to start of construction. 3) 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 floodplain along with any other structures as per the City's floodplain ordinance. 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. 12.Consider approval of the Magnolia Fisheries, Site Plan Amendment, to allow the construction of two storage structures totaling 5,975 square feet to the rear (east) of the existing 3,750-square-foot building on the additional 0.65 acres of property being incorporated into this tract for a total of 1.424 acres of property located at 217 N. Coppell Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Jonathan Hake, representing the applicant, addressed the Council. Cm111108 Page 6 of 10 Action: Councilmember Hinojosa-Flores moved to approve the Magnolia Fisheries, Site Plan Amendment, to allow the construction of two storage structures totaling 5,975 square feet to the rear (east) of the existing 3,750-square-foot building on the additional 0.65 acres of property being incorporated into this tract for a total of 1.424 acres of property located at 217 N. Coppell Road. 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. 13.PUBLIC HEARING: Consider approval of the Old Coppell Estates Addition, Lots 3R, 4R & 5R, Block 1, Replat, being a replat of Lots 3, 4 and 5, Block 1, to allow the incorporation of 4,490 square feet of property in the Vaughan Addition into three residential lots located at 357, 361, and 365 Hearthstone Lane. 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 Brancheau moved to close the Public Hearing and approve the Old Coppell Estates Addition, Lots 3R, 4R & 5R, Block 1, Replat, being a replat of Lots 3, 4 and 5, Block 1, to allow the incorporation of 4,490 square feet of property in the Vaughan Addition into three residential lots located at 357, 361, and 365 Hearthstone Lane,subject to the following conditions: 1) The Replat of Lot 1R, Block 1, Vaughan Addition is approved. Cm111108 Page 7 of 10 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. 14.Consider approval of awarding bid to Concord Commercial Services in the amount of $187,926.00 for the trail amenities/park signage; and authorizing the City Manager and Coppell Recreation Development Corporation Development President to sign. Presentation: Brad Reid, Director of Parks and Recreation, made a presentation to the Council. Action: Councilmember Faught moved to approve the awarding bid to Concord Commercial Services in the amount of $187,926.00 for the trail amenities/park signage; and authorizing the City Manager and Coppell Recreation Development Corporation Development President to sign. 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. 15.Mayor and Council Reports. A. Report by Mayor Stover regarding the Metroplex Mayors’ Meeting. A. Mayor Stover reported on the Metroplex Mayor’s Meeting, where the discussion centered on recycling. The city of Plano has a recycling center for household chemicals and paints. The center sorts the paint by colors and offers it free to citizens or churches. At this time, Mayor Stover reconvened into Work Session. Cm111108 Page 8 of 10 WORK SESSION (Open to the Public) 16.Convene Work Session A.Legislative Update – Dan & Jennifer Shelley. B.Cemetery Update. C.Non-Profit Funding. D.2030 Budget Impacts. E.Southwestern Boulevard Construction. F.Discussion of Agenda Items. Mayor Stover adjourned the Work Session and opened the Executive Session. EXECUTIVE SESSION (Closed to the Public) 2.Convene Executive Session A.Section 551.071, Texas Government Code - Consultation with City Attorney. 1.Northlake Settlement Agreement between Crow-Billingsley, et al and City of Coppell. B.Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1.Sale and acquisition of real property south of Bethel Road and west of Denton Tap. Mayor Stover convened into Executive Session at 8:46 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 9:05 p.m. and opened the Regular Session. REGULAR SESSION (Open to the Public) 16.Necessary action resulting from Work Session. There was no action necessary under this item. Cm111108 Page 9 of 10 1T. Necessary action resulting from Executive Session. There was no action necessary under this item. There being no further business t~O cor3~e be ~rhe City Council, the meeting was adjourned. \ l ATTEST: . ~.l~~ Libby Ba Secretary N.'Stover, Mayor Cm111108 Page 10 of 10