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CM 2009-09-08 MINUTES OF SEPTEMBER 8, 2009 The City Council of the City of Coppell met in Regular Called Session on Tuesday, September 8, 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 Karen Hunt, Mayor Pro Tern (late arrival) Tim Brancheau, Councilmember Bob Mahalik, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember (late arrival) Marvin Franklin, Councilmember Also present were City Manager Clay Phillips, City Secretary Libby Ball 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 Work Session. WORK SESSION (Open to the Public) 2. Convene Work Session A. Discussion regarding Board/Commission Appointments. B. Discussion regarding Joint Meeting with Boards/ Commissions. C. Presentation by staff regarding Alternative Fence Materials. D. Discussion regarding the Noise Ordinance. E. Discussion of Agenda Items. Mayor Pro Tern Hunt and Councilmember Faught arrived during Work Session. EXECUTIVE SESSION (Closed to the Public) 3. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Discussion regarding the Solicitation Ordinance. cm090809 Page 1 of 10 B. Section 551.087, Texas Government Code - Economic Development Negotiations. 1. South of Bethel Road, West of Freeport Parkway and East of Royal. 2. South of Bethel Road, East of Freeport Parkway and West of S. Coppell Road. Mayor Peters convened into Executive Session at 6:52 p.m. Mayor Peters adjourned the Executive Session at 7:29 p.m. and opened the Regular Session. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Councilmember Franklin led those present in the Invocation. 6. Pledge of Allegiance. Troop 807 led those present in the Pledge of Allegiance. 7. Citizens' Appearances. 1) Tom Garding, 927 Moonlight Cove, addressed Council concernmg alcohol in City Parks. 2) Kelly Drake, 645 Cove St., addressed Council regarding door-to-door soliciting. CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: August September 1, 2009. 25, 2009 and cm090809 Page 2 of 10 B. Consider approval of awarding Bid Q-0709-0 1 for the Coppell Justice Center Fence construction to Parkscape Construction in the amount of $58,892.00 and authorizing the City Manager to sign all necessary documentation. C. Consider approval of Change Order Number 2 to the South Coppell Road (ST 07 -02) project in the amount of $54,550.10 for sanitary sewer improvements; and authorizing the City Manager to sign all necessary documents. D. Consider approval of a Resolution authorizing the Mayor of the City of Coppell, Texas to execute a Voluntary Interlocal Cooperation Agreement for Operation and Maintenance of Traffic Signals and providing an effective date; and authorizing the Mayor to sign. Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B, C and D carrying Resolution No. 2009-0908.1. Councilmember Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tern Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 9. PUBLIC HEARING: Consider approval of Case No. PD-181R2-SF-12, Bethel Road Estates, Lot 2, Block 1, a zoning change request from PD-181-SF- 12 (Planned Development-181-Single Family-12) to PD-181R2-SF- 12 (Planned Development-181-Revision 2-Single Family-12) to allow for a stucco finish instead of masonry as required in Section 12-11-5 of the Zoning Ordinance and to allow an additional detached, two-story residential structure on 2.348 acres of property located at 256 West Bethel Road. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Terry Holmes, applicant, addressed the Council. cm090809 Page 3 of 10 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 Case No. PD-181R2-SF-12, Bethel Road Estates, Lot 2, Block 1, a zoning change request from PD-181-SF -12 (Planned Developmen t -181-Single Family-12) to PD-181R2-SF-12 (Planned Development-181-Revision 2- Single Family-12) to allow for a stucco finish instead of masonry as required in Section 12 -11-5 of the Zoning Ordinance and to allow an additional detached, two-story residential structure on 2.348 acres of property located at 256 West Bethel Road, subject to the following conditions: 1) A second detached dwelling unit, specifically excluding a facility for food preparation, shall be an allowable use on the single-family lot. It shall not be sold or rented to anyone else other than the owner or renter of the primary dwelling located on the same lot. A revision to this Planned Development will be necessary to amend this condition. Councilmember Mahalik seconded the motion; the motion carried 7-0 with Mayor Pro Tern Hunt and Councilmembers Brancheau, Mahalik, Hinojosa- Flores, Tunnell, Faught and Franklin voting in favor of the motion. 10. PUBLIC HEARING: Consider approval of a text amendment to Chapter 12-Zoning, of the Code of Ordinances, Section 12-31-7.4, "Rules for computing number of parking spaces", to revise the existing regulation to require additional parking for any enlargement of floor area, number of employees, dwelling units, seating capacity and other enlargements. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Public Hearing: Mayor Peters opened the Public Hearing and advised no one signed up to speak. cm090809 Page 4 of 10 Action: Councilmember Tunnell moved to close the Public Hearing and approve a text amendment to Chapter 12-Zoning, of the Code of Ordinances, Section 12-31-7.4, "Rules for computing number of parking spaces", to revise the existing regulation to require additional parking for any enlargement of floor area, number of employees, dwelling units, seating capacity and other enlargements. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tern Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 11. PUBLIC HEARING: Consider approval of a text amendment to the Chapter 12- Zoning, of the Code of Ordinances, Section 12-42-1, "Special Definitions," to revise the existing definition of "Outside Storage and Display--Retail Stores: Retail Stores and Shops:" to include additional screening requirements. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. 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 a text amendment to the Chapter 12-Zoning, of the Code of Ordinances, Section 12-42-1, "Special Definitions," to revise the existing definition of "Outside Storage and Display--Retail Stores: Retail Stores and Shops:" to include additional screening requirements. Councilmember Mahalik seconded the motion; the motion carried 7-0 with Mayor Pro Tern Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 12. Consider approval of a Resolution of the City Council of the City of Coppell, Texas, outlining the terms and conditions of a debt cm090809 Page 5 of 10 service funding plan; authorizing the mayor to execute this resolution; and providing an effective date. Presentation: Jennifer Miller, Director of Finance, made a presentation to Council. Action: Councilmember Faught moved to approve Resolution No. 2009-0908.2 of the City Council of the City of Coppell, Texas, outlining the terms and conditions of a debt service funding plan; authorizing the mayor to execute this resolution; and providing an effective date. Mayor Pro Tern Hunt seconded the motion; the motion carried 7-0 with Mayor Pro Tern Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 13. Consider approval of the written Fund Balance policy of the City of Coppell. Presentation: Jennifer Miller, Director of Finance, made a presentation to Council. Action: Councilmember Mahalik moved to approve the written Fund Balance policy of the City of Coppell. Councilmember Faught seconded the motion; the motion carried 7-0 with Mayor Pro Tern Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 14. Consider approval of an Ordinance approving and adopting the budget for the City of Coppell for the Fiscal Year of October 1, 2009 through September 30, 2010, and authorizing the Mayor to sign. Presentation: Jennifer Miller, Director of Finance, made a presentation to Council. cm090809 Page 6 of 10 Action: Councilmember Franklin moved to approve Ordinance No. 2009-1239 approving and adopting the budget for the City of Coppell for the Fiscal Year of October 1, 2009 through September 30, 2010, and authorizing the Mayor to sign. Councilmember Mahalik seconded the motion; the motion carried 7-0 with Mayor Pro Tern Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 15. Consider approval of an Ordinance of the City of Coppell, Texas levying the ad valorem taxes for the year 2009 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 Council. Action: Councilmember Franklin moved to approve Ordinance No. 2009-1240 of the City of Coppell, Texas levying the ad valorem taxes for the year 2009 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 Hinojosa-Flores seconded the motion; the motion carried 5-2 with Mayor Pro Tern Hunt and Councilmembers Mahalik, Hinojosa-Flores, Faught and Franklin voting in favor of the motion and Councilmembers Brancheau and Tunnell voting against the motion. 16. Consider appointments to the City's Boards/ Commissions/ Committees. Mayor Peters read the proposed slate as follows: ANIMAL SERVICES ADVISORY & APPEALS BOARD - 2-yr. Regular - Lisa Sawyers 2-yr. Alternate - Mike Dorn cm090809 Page 7 of 10 BOARD OF ADJUSTMENT - 2-yr. Regular - Donald Perschbacher and John Hirschy l-yr. Regular - Harold Copher, Jr. 2-yr. Alternate - Jeffrey Turner and Kathie Troy-Rucker I-yr. Alternate - Mark Holmstrup CONDUCT REVIEW BOARD - 2-yr. Regular - Laura Burnett, David Byrne, Kent Chambless, Shauna Erickson, Sidney Hill, Mathew Ittoop, Orlando Domingo, Terri Patrick, Barbara Piels, Linda Pilone, Marie Reed, Kathryn Thompson and Venky Venkatraman COPPELL ECONOMIC DEVELOPMENT COMMITTEE - 2-yr. Regular - Matt Hall, Amanda O'Neal, Don Carroll and James Walker COPPELL EDUCATION DEVELOPMENT COMMITTEE - I-yr. Regular - April Terry, Bill Elieson, Eric Pratt and Robert Brummitt KEEP COPPELL BEAUTIFUL COMMITTEE - 2-yr. Regular - Brandi Todd, Charles Dart, Samuel Duff and David Caviness l-yr. Regular - Carole Gayler I-yr. Youth Advisors - Geetika Rao and Elizabeth Meyer LIBRARY BOARD - 2-yr. Regular - Jennifer Johnson, Patricia Nicks and Saul Friedman 2-yr. Alternate - Stephen Charters l-yr. Youth Advisors - Nadir Khan and Diane Feldman PARKS AND RECREATION BOARD - I-yr. Youth Advisor - Annie Friedman and Janice Kim PLANNING AND ZONING COMMISSION - 2-yr. - Eddie Haas, Charles Sangerhausen, Consuelo Tankersley and Aaron Duncan cm090809 Page 8 of 10 SPECIAL COUNSEL - 2-yr. Regular - Kavitha Akula, Tracey Garman, Richard Merrill, Wing Mok, David Byrne, Adam Darowski and Victoria Hayes-Manhatton Action: Councilmember Tunnell moved to appoint the recommendations as read by Mayor Peters. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tern Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 17. City Manager's Report. A. Project Update and Future Agendas. A. Nothing to report. 18. Mayor and Council Reports. A. Report by Mayor Peters regarding the Metroplex Mayors' Meeting. A. Mayor Peters reported that Michael Lieber from the State Fair of Texas spoke to the group. The State Fair will be held September 25 through October 18. This is the first year participants can take the DART Rail to the Fair. 19. Necessary action resulting from Work Session. Mayor Peters mentioned that Council discussed the updates for the construction noise ordinance, as well as the alternative fence materials. Council asked staff to bring the items back in ordinance form for the October 27 meeting. Other than that, there was no action necessary under this item. 20. Necessary action resulting from Executive Session. Mayor Peters reported that Council discussed the solicitors' ordinance and asked staff to bring the item back in ordinance form for a future meeting. Other than that, there was no action necessary under this item. cm090809 Page 9 of 10 There being no further business to come before the City Council, the meeting was adjourned. ATTEST: Libby Ball,' Secretary cm090809 Page 10 of 10