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CM 2009-07-14 MINUTES OF JULY 14,2009 The City Council of the City of Coppell met in Regular Called Session on Tuesday, July 14, 2009, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Jayne Peters, Mayor Tim Brancheau, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Marvin Franklin, Councilmember Councilmembers Mahalik and Hunt were absent. Also present were City Manager Clay Phillips, Deputy City Secretary Christel Pettinos and City Attorney Robert Hager. 1. Call to order. Mayor Peters 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. Discussion regarding Zoning Application # S- 1033R2-SF-12. B. Section 551.087, Texas Government Code - Economic Development Negotiations. 1. N. of Sandy Lake Road and W. of N. Coppell Road. 2. S. of Sandy Lake Road, W. of Freeport and N. of Creekview. 3. S. of Bethel Road, W. of South Coppell Road and E. of Freeport. 4. N. of 635E and W. of Beltline Road adjacent to Dividend. 5. S. of Gateway and W. of Freeport Parkway. cm071409 Page 1 of 10 Mayor Peters convened into Executive Session at 6:08 p.m. Mayor Peters recessed the Executive Session at 7:26 p.m. and reopened the Regular Session. (Open to the Public) WORK SESSION 3. Convene Work Session A. Discussion regarding Board / Commission Schedule. B. Discussion regarding Code Enforcement Summit/ Outside Storage. C. Discussion regarding 121 Sound Walls. D. Discussion of Agenda Items. Council convened into Work Session at the end meeting. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Councilmember Franklin led those present in the Invocation. 6. Pledge of Allegiance. Boy Scout Troop 874 presented the colors and led those present in the Pledge of Allegiance. 7. Consider approval of proclamations congratulating Coppell High School students on their appointments to military academies, and authorizing the Mayor to sign. Presentation: Mayor Peters read the Proclamation for the record and presented the same to Cameron Vickroy's mother, Kanan Vickroy. cm071409 Page 2 of 10 Action: Councilmember Tunnell moved to approve a proclamation honoring Cameron Vickroy for his appointment to the Military Academy, and authorizing the Mayor to sign. Councilmember Franklin seconded the motion; the motion carried 5-0 with Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor off the motion. Presentation: Mayor Peters read the Proclamation for the record and presented the same to Travis Hinds' father, Ronald Hines. Action: Councilmember Tunnell moved to approve a proclamation honoring Travis Hinds for his appointment to the Military Academy, and authorizing the Mayor to sign. Councilmember Faught seconded the motion; the motion carried 5-0 with Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor off the motion. Presentation: Mayor Peters read the Proclamation for the record and presented the same to Mitchell Hansen's father, Ronald Hansen. Action: Councilmember Hinojosa-Flores moved to approve a proclamation honoring Mitchell Hansen for his appointment to the Military Academy, and authorizing the Mayor to sign. Councilmember Brancheau seconded the motion; the motion carried 5-0 with Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor off the motion. 8. Citizens' Appearances. Mayor Peters advised no one signed up to speak. cm071409 Page 3 of 10 CONSENT AGENDA 9. Consider approval of the following consent agenda items: A. Consider approval of minutes: June 9 and June 16, 2009. B. Consider approval of accepting the resignation of Rob Chomiak from the Board of Adjustment. C. Consider approval of accepting the resignation of Angie Huff from the Keep Coppell Beautiful Board. D. Consider approval of a License and Use Agreement between the City of Coppell and Roberto Beas to extend the lease on the property located at 461 W. Bethel Road until July 31, 2009; and authorizing the Mayor to sign. E. Consider approval of an Ordinance for Case No. PD 163R5-SF-9, Windsor Estates, Lot 17 Block A, a zoning change request from PD-163R2-SF -9 (Planned Development-163 Revision 2-Single Family-9) to PD- 163R5-SF-9 (Planned Development-163 Revision 5-Single Family-9) to allow stucco finish in lieu of the 800/0 masonry requirement on Lot 17, Block A located at 917 Deforest Road and authorizing the Mayor to sign. Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B, C, D and E carrying Ordinance No. 91500-A-528. Councilmember Franklin seconded the motion; the motion carried 5-0 with Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor off the motion. 10. PUBLIC HEARING: Consider approval of a Resolution granting a variance of three hundred (300') feet to Walgreen Co. from the 300-foot prohibited requirement under Ordinance No. 2006-1143, Article 6-16, Section 6-16-2 of the Code of Ordinances, to a business selling or offering for sale alcoholic beverages, with a cm071409 Page 4 of 10 business address being 313 N. Denton Tap Road; and authorizing the Mayor to sign. Presentation: Libby Ball, City Secretary, made a presentation to the Council. Public Hearing: Mayor Peters opened the Public Hearing and advised no one signed up to speak. Action: Councilmember Faught moved to close the Public Hearing and approve Resolution No. 2009-0714.1 granting a variance of three hundred (300') feet to Walgreen Co. from the 300-foot prohibited requirement under Ordinance No. 2006-1143, Article 6-16, Section 6-16-2 of the Code of Ordinances, to a business selling or offering for sale alcoholic beverages, with a business address being 313 N. Denton Tap Road; and authorizing the Mayor to sign. Councilmember Brancheau seconded the motion; the motion carried 4-1 with Councilmembers Brancheau, Tunnell, Faught and Franklin voting in favor off the motion and Councilmember Hinojosa-Flores voting against the motion. 11. PUBLIC HEARING: Consider approval of Case No. PD-243-R, Metrocrest Community Church, a zoning change request from R (Retail) to PD-243-R (Planned Development-243-Retail), to allow the construction of a 7,419-square-foot church with a future expansion area of 7,168 square feet on 1.99 acres of property located on the south side of E. Sandy Lake Road, approximately 220 feet east of Riverview Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Brenda McDonald, representing the applicant, addressed the Council. cm071409 Page 5 of 10 Public Hearing: Mayor Peters opened the Public Hearing and advised no one signed up to speak. Action: Councilmember Tunnell moved to close the Public Hearing and approve Case No. PD-243-R, Metrocrest Community Church, a zoning change request from R (Retail) to PD-243-R (Planned Development-243-Retail), to allow the construction of a 7,419-square-foot church with a future expansion area of 7,168 square feet on 1.99 acres of property located on the south side of E. Sandy Lake Road, approximately 220 feet east of Riverview Drive. Councilmember Hinojosa-Flores seconded the motion; the motion carried 5-0 with Councilmembers Brancheau, Hinojosa- Flores, Tunnell, Faught and Franklin voting in favor off the motion. 12. Consider approval of the Metrocrest Church at Riverview, Lot 1, Block A, Minor Plat, to establish a building site and necessary easements to allow the construction of a church on 1.99 acres of property located on the south side of E. Sandy Lake Road, approximately 220 feet east of Riverview Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Action: Councilmember Tunnell moved to approve the Metrocrest Church at Riverview, Lot 1, Block A, Minor Plat, to establish a building site and necessary easements to allow the construction of a church on 1.99 acres of property located on the south side of E. Sandy Lake Road, approximately 220 feet east of Riverview Drive. Councilmember Faught seconded the motion; the motion carried 5-0 with Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor off the motion. 13. Consider approval of an Ordinance for Case No. PD-241-SF /C, Red Hawk, a zoning change request from 0 (Office) to PD-241- SF/C (Planned Development - 241- Single Family/Commercial) cm071409 Page 6 of 10 with a Detail Plan to allow 54 single-family lots with a minimum lot size of 5,765 square feet and an average lot size of 8,484 square feet, including the retention of the Bullock Cemetery on approximately 14.9 acres of property and a Concept Plan for two commercial tracts containing approximately 1.5 acres of property, located along the west side of S. Denton Tap Road, north of Bethel School Road 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-529 for Case No. PD-241-SFjC, Red Hawk, a zoning change request from 0 ( Office) to PD- 241-SF j C (Planned Development - 241- Single Family jCommercial) with a Detail Plan to allow 54 single-family lots with a minimum lot size of 5,765 square feet and an average lot size of 8,484 square feet, including the retention of the Bullock Cemetery on approximately 14.9 acres of property and a Concept Plan for two commercial tracts containing approximately 1.5 acres of property, located along the west side of S. Denton Tap Road, north of Bethel School Road and authorizing the Mayor to sign. Councilmember Brancheau seconded the motion; the motion carried 4-1 with Councilmembers Brancheau, Hinojosa-Flores, Faught and Franklin voting in favor of the motion and Councilmember Tunnell voting against the motion. 14. Consider approval of award of Bid #Q-0609-01 for reconstruction of Kimbel Kourt in the amount of $100,212.75, as budgeted in the IMF, to Jim Bowman Construction Company; and authorizing the City Manager to sign and execute any necessary documents. Presentation: Ken Griffin, Director of Engineering and Public Works, made a presentation to the Council. cm071409 Page 7 of 10 Action: Councilmember Franklin moved to approve the award of Bid #Q-0609-0 1 for reconstruction of Kimbel Kourt in the amount of $100,212.75, as budgeted in the IMF, to Jim Bowman Construction Company; and authorizing the City Manager to sign and execute any necessary documents. Councilmember Tunnell seconded the motion; the motion carried 5-0 with Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor off the motion. 15. Consider approval of a Resolution authorizing the City Engineer, in conjunction with the Contractor, to close South Coppell Road to through traffic from 400' south of Bethel Road to Southwestern Boulevard to facilitate reconstruction of the roadway; and authorizing the Mayor to sign and execute the necessary documents. Presentation: Ken Griffin, Director of Engineering and Public Works, made a presentation to the Council. Action: Councilmember Franklin moved to approve Resolution No. 2009-0714.2 authorizing the City Engineer, in conjunction with the Contractor, to close South Coppell Road to through traffic from 400' south of Bethel Road to Southwestern Boulevard to facilitate reconstruction of the roadway; and authorizing the Mayor to sign and execute the necessary documents. Councilmember Brancheau seconded the motion; the motion carried 5-0 with the motion carried 5-0 with Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor off the motion. 16. Consider approval of an Ordinance repealing the Community Red Cross Committee establishing ordinance No. 89-450, and authorizing the Mayor to sign. Presentation: Clay Phillips, City Manager, made a presentation to the Council. cm071409 Page 8 of 10 Action: Councilmember Tunnell moved to approve Ordinance No. 2009-1231 repealing the Community Red Cross Committee establishing ordinance No. 89-450, and authorizing the Mayor to sign. Councilmember Faught seconded the motion; the motion carried 5-0 with Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor off the motion. At this time, Council reconvened into Executive Session followed by Work Session. EXECUTIVE SESSION (Closed to the Public) 1. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Discussion regarding Zoning Application # S- 1033R2-SF-12. B. Section 551.087, Texas Government Code - Economic Development Negotiations. 1. N. of Sandy Lake Road and W. of N. Coppell Road. 2. S. of Sandy Lake Road, W. of Freeport and N. of Creekview. 3. S. of Bethel Road, W. of South Coppell Road and E. of Freeport. 4. N. of 635E and W. of Beltline Road adjacent to Dividend. 5. S. of Gateway and W. of Freeport Parkway. Mayor Peters reconvened into Executive Session at 8:26 p.m. Mayor Peters adjourned the Executive Session at 9: 17 p.m. and convened into Work Session. (Open to the Public) WORK SESSION 2. Convene Work Session A. Discussion regarding Board/Commission Schedule. B. Discussion regarding Code Enforcement Summit/ Outside Storage. C. Discussion regarding 121 Sound Walls. D. Discussion of Agenda Items. cm071409 Page 9 of 10 REGULAR SESSION (Open to the Public) 17. City Manager's Report. A. Project Update and Future Agendas. A. City Manager Clay Phillips announced that this section of the agenda will be used to update Council on the status of current projects. South Coppell Road will begin construction. The Cemetery's Grand Opening will be July 18 at 10 am. Restland, the Funeral Home, received its license. They are hosting several ribbon cuttings with Chamber of Commerces from the surrounding cities. The Senior Center is moving forward and should be completed by late August. A breakfast will be held at the current Senior Center to provide an update on the status of the project. Allen Road Park is moving forward and should be completed by the end of July. The storage facilities at Wagon Wheel Park and Fire Station 1 are nearing completion. Mr. Phillips said a facility use policy will be coming to Council on how the City should allow the public use of various facilities. The next Budget Hearing will be July 21. Finally, Council's work plans will be coming forward to be adopted and the Old Coppell Concept Plan will be available for public viewing in August. 18. Necessary action resulting from Work Session. There was no action necessary under this item. 19. Necessary action resulting from Executive Session. There was no action necessary under this item. There being no further business to come before the City Council, the meeting was adjourned. Libb Ball,, ity Secretary a e Peters, Mayor cm071409 Page 10 of 10