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CM 2005-09-13MINUTES OF SEPTEMBER 13, 2005 The City Council of the City of Coppell met in Regular Called Session on Tuesday, September 13, 2005, 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 Tim Brancheau, Mayor Pro Tem Jayne Peters, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Thom Suhy, Councilmember Councilmember York was absent from the meeting. Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert Hager. ITEM # ITEM DESCRIPTION 1. Call to order. EXECUTIVE SESSION {Closed to the Public) e Convene Executive Session pursuant to: A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. City of Coppell vs. Barney Barnett, et al. B. Section 551.072, Texas Government Code - Deliberation rel/iardinl/[ Real Property. 1. Sale of land east of Hammond, south of Bethel and west of Coppell Road. Mayor Stover convened into Executive Session at 5:40 p.m. as allowed under the above-stated article. Mayor Stover recessed the Executive Session at 6:01 p.m. and opened the Work Session. WORK SESSION {Open to the Public) 3. Convene Work Session A. Visit by Representative Jim Jackson. CM091305 Page 1 of 17 Discussion of appointments to the City's Boards, Commissions and Committees. Discuss and Review of HB 87 and it's impact on Coppell. Discussion regarding construction of a sound barrier wall at William T. Cozby Public Library. Discussion regarding date for Special Council Meeting to canvass the September 10th Election results. Review of Sign Zones. Discussion of Agenda Items. REGULAR SESSION 4. Convene Regular Session. (Open to the Public) Invocation. Councilmember Faught led those present in the Invocation. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. Citizens' Appearances. ao Cindy Warner, 841 Falcon Lane, thanked Council for their vote and support on the 379A Sales Tax Election. Bo Dr. Jeff Turner, 947 Mallard Drive, thanked Council for holding the 379A Sales Tax Election. Mayor Stover discussed Item 25C at this time. Mayor Stover read a letter to Lee Foreman thanking him for all his work on promoting the 379A Sales Tax Election. CONSENT AGENDA 8. Consider approval of the following consent agenda items: CM091305 Page 2 of 17 Consider approval of minutes: AuEust 9, 2005 (amended} AuEust 23, 2005 AuEust 30, 2005 September 6, 2005. Consider acceptinl/[ the resil/ination of Jennifer Jackson from the Library Board, term to expire October 2006. Consider approval of an ordinance to amend the Land Use Assumptions and the Capital Improvement Plan for Water, Wastewater and Roadway Facilities by amendinl/[ the City of Coppell Code of Ordinances, Chapter 17, Impact Fees; and authorizinl/[ the Mayor to sil/in. Consider approval of the annual review of the written Investment Policy of the City of Coppell as provided by the Public Funds Investment Act, Chapter 2256, Texas Government Code. Consider approval of a contract for the renewal of the Dallas County Health Services Al/ireement, effective October 1, 2005, throutih Septe. m. ber 30, 2006, in. the amount of $3,131.00, and authonzlnti the Mayor to sltin. Consider approval of an Ordinance for Case No. PD- 108R6-H, Historic Coppell Properties, Ltd., zoninti chantie from PD-108-H and H (Planned Development-108-Historic and Historic} to PD-108R6-H (Planned Development-106 Revision 6-Historic}, to amend the Planned Development and attach a Detail Site Plan to allow the development of two medical and office buildintis totalinti 33,108-square feet on approximately 3.3 acres of property located alonE the south side of Bethel Road, approximately 185 feet east of Coppell Road, and authorizinl/[ the Mayor to sil/in. Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B, C carrying Ordinance No. 2005-1107, D, E and F carrying Ordinance No. 91500-A-418. Mayor Pro Tem Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Brancheau and Councilmembers CM091305 Page 3 of 17 Peters, Hinojosa-Flores, Tunnell, Faught and Suhy voting in favor of the motion. Consider approval of an Ordinance approvint[ and adoptint[ the budtiet for the City of Coppell for the Fiscal Year of October 1, 2005 throutlh September 30, 2006, and authorizintl the Mayor to sitln. Presentation: Jennifer Armstrong, Finance Director, made a presentation to the Council. Jim Witt, City Manager, made a presentation to the Council. Action: Councilmember Tunnell moved to approve Ordinance No. 2005-1108 approving and adopting the budget for the City of Coppell for the Fiscal Year of October 1, 2005 through September 30, 2006, and authorizing the Mayor to sign. Councilmember Peters seconded the motion; the motion carried 6-0 with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught and Suhy voting in favor of the motion. 10. Consider approval of an Ordinance of the City of Coppell, Texas levyinl/[ the ad valorem taxes for the year 2005 at .6486/$100 taxable valuation of which .45645 for operations and maintenance and .19215 for interest and sinkintl, and authorizintl the Mayor to sitln. Presentation: Jim Witt, City Manager, made a presentation to the Council. Action: Councilmember Peters moved to approve Ordinance No. 2005-1109 levying the ad valorem taxes for the year 2005 at .6486/$100 taxable valuation of which .45645 for operations and maintenance and .19215 for interest and sinking and that property taxes be increased by the adoption of a tax rate of .64860, and authorizing the Mayor to sign. CM091305 Page 4 of 17 Councilmember Suhy seconded the motion; the motion carried 6-0 with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught and Suhy voting in favor of the motion. 11. Consider appointments to the City's Boards, Commissions and Committees. Presentation: Mayor Stover read the slate of recommended Board and Commission members as follows: American Red Cross Representative: 3-year Regular - Dawn Turner 1-year Regular - Mark Lyasko Animal Services Appeals Board: 2-year Regular - Lisa Clayton 2-year Alternate - Whitney Heimann Board of Adjustment: 2-year Regular 2-year Alternate John Hoppie Donald Perschbacher Lawrence Swicegood Judy Malone Conduct Review Board 2-year Regular Lisa Clayton Christopher Coleman Jason Crawford Frank DiMartino Melissa Hall Virginia Harn Linda Pilone Lawrence Swicegood Jos~ Tabuena April Terry Michael Vasquez Coppell Economic Development Committee: 2-year Regular - Jason Crawford Marvin Franklin Larry Kingsbury James Pranske CM091305 Page 5 of 17 Coppell Education Development Corporation: 2-year Regular - Tony Aletmus JoAnn Schauf Darrell Michiels Meme Collins-Tabuena Keep Coppell Beautiful: 2-year Regular - John Dobson Cindy Geppert David Goodner Tom Hudon 1-year Regular Brent Wooten Library Board: 2-year Regular David Smith Melissa Hall Douglas Johnson 2-year Alternate Meme Collins-Tabuena 1-year Regular Kathy Ross 1-year Alternate Wendy Dunn David Goodner 1-year Youth Advisor Morgan Griffin Kelsey Stevenson Parks and Recreation Board: 1-year Regular - Julie Basham Lindy Thomas 1-year Alternate Kristine Elieson Plannintl and Zonintl Commission: 2-year Regular - Richard McCaffrey Dornell Reese Edmund Haas Mark Borchgardt Special Council 2-year Regular James Walker April Terry Jos~ Tabuena CM091305 Page 6 of 17 Action: Councilmember Hinojosa-Flores moved to approve the appointment of the recommended Board and Commission members. Councilmember Faught seconded the motion; the motion carried 6-0 with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught and Suhy voting in favor of the motion. 12. PUBLIC HEARING: Consider approval of the designation of a reinvestment zone pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone designation is the property owned by LIT Industrial Texas Limited Partnership, described as Block 1, Lot I of the West Sandy Lake Road Addition (31.57 acres} and located at the northeast corner of Sandy Lake Road and S.H. 121. Presentation: Jim Witt, City Manager, made a presentation to the Council. Public Hearinti: 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 the designation of a reinvestment zone pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone designation is the property owned by LIT Industrial Texas Limited Partnership, described as Block 1, Lot 1 of the West Sandy Lake Road Addition (31.57 acres) and located at the northeast corner of Sandy Lake Road and S.H. 121. Councilmember Suhy seconded the motion; the motion carried 6-0 with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught and Suhy voting in favor of the motion. CM091305 Page 7 of 17 13. Consider approval of an Ordinance designating LIT Industrial Texas Limited Partnership, Reinvestment Zone No. 45, and authorizing the Mayor to sign. Mayor Stover advised that Items 13 and 14 could be considered together. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. Action: Councilmember Tunnell moved to approve: Item 13: Ordinance No. 2005-1110 designating Partnership, Reinvestment Zone No. 45, sign; LIT Industrial Texas Limited and authorizing the Mayor to and Item 14: Resolution No. 2005-0913.1 approving a Tax Abatement Agreement between the City of Coppell and LIT Industrial Texas Limited Partnership, and authorizing the Mayor to sign. Councilmember Peters seconded the motion; the motion carried 6-0 with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught and Suhy voting in favor of the motion. 14. Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and LIT Industrial Texas Limited Partnership, and authorizing the Mayor to sign. This item was considered under Item 13. See Item 13 for minutes. 15. PUBLIC HEARING: Consider approval of Case zoning change request No. PD-186R7-LI, Duke-Freeport, from PD- 186R2-LI (Planned CM091305 Page 8 of 17 Development-186 Revision 2-Litlht Industrial) to PD-186R7-LI (Planned Development-186 Revision 7-Litlht Industrial), to amend the Planned Development to attach a Detail Site Plan to allow the construction of a 142,247-square-foot buildintl on Lot 2R1, Block A, and a 93,345-square-foot buildintl on Lot 2R2, Block A, totalintl 16.51 acres of property located at the northwest corner of Freeport Parkway and Bethel Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Jeff Turner, Duke Realty, 5495 Beltline, Dallas, representing the Applicant, addressed questions of Council regarding the building architecture. Mike Connel, Corgan Architects, 501 Elm Street, Dallas, representing the Applicant, discussed the design of the buildings in the park. Public Hearinti: Mayor Stover opened the Public Hearing and asked for those persons wishing to speak. 1) Lee Foreman, 629 Pheasant Lane, spoke regarding the importance of the corner and his feelings that the developer was not working with the city to achieve an acceptable building design. Action: Councilmember Tunnell moved to close the Public Hearing and approve Case No. PD-186R7-LI, Duke-Freeport, zoning change request from PD- 186R2-LI (Planned Development-186 Revision 2-Light Industrial) to PD- 186R7-LI (Planned Development-186 Revision 7-Light Industrial), to amend the Planned Development to attach a Detail Site Plan to allow the construction of a 142,247-square-foot building on Lot 2R1, Block A, and a 93,345-square-foot building on Lot 2R2, Block A, totaling 16.51 acres of property located at the northwest corner of Freeport Parkway and Bethel Road subject to the following conditions: 1) Provide dimensions and color specifications on elevation sheets; and CM091305 Page 9 of 17 More architectural detail needs to be incorporated on building elevations, including the consideration of repeating the architectural feature at the southeast corner of the 93,000-square foot building at the northeast corner. Councilmember Faught seconded the motion; the motion carried 6-0 with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa- Flores, Tunnell, Faught and Suhy voting in favor of the motion. 16. PUBLIC HEARING: Consider approval of the Duke-Freeport Addition, Lots 2R1&2R2, Block A, Replat, being a replat of the rernaining portion of the original Lot 2, Block A, into Lots 2R1&2R2, totaling 16.51 acres of property located at the northwest corner of Freeport Parkway and Bethel Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Public Hearinti: 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 Duke-Freeport Addition, Lots 2Rl&2R2, Block A, Replat, being a replat of the remaining portion of the original Lot 2, Block A, into Lots 2Rl&2R2, totaling 16.51 acres of property located at the northwest corner of Freeport Parkway and Bethel Road subject to the following condition: Compliance with Engineering comments generated at the time of detailed engineering review. Councilmember Suhy seconded the motion; the motion carried 6-0 with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught and Suhy voting in favor of the motion. CM091305 Page 10 of 17 17. PUBLIC HEARING: Consider approval of the Parkwest Commerce Center, Lots 2R&3, Block 5, Replat, beintl a replat of Lot 2, Block 5, containinl/[ 14.84 acres of property located at the northwest corner of Beltline Road and Wranl/iler Drive, to allow the sale of the undeveloped portion of this lot. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Dennis Chovan, Halff & Associates, 3801 Parkwood Boulevard, Frisco, representing the Applicant made a clarification that the replat was for the purpose to sell one or both of the lots. Public Hearinti: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Mayor Pro Tem Brancheau moved to close the Public Hearing and approve the Parkwest Commerce Center, Lots 2R&3, Block 5, Replat, being a replat of Lot 2, Block 5, containing 14.84 acres of property located at the northwest corner of Beltline Road and Wrangler Drive, to allow the sale of the undeveloped portion of this lot, subject to the following condition: Within six months of Council approval of this Replat, the 13 over- story trees shall be installed along the western property line of Lot 2R. Councilmember Hinojosa-Flores seconded the motion; the motion carried 6-0 with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught and Suhy voting in favor of the motion. 18. Consider approval of the Vautlhan Addition, Lot 1, Block A, Site Plan, to allow the construction of an approximate 220- square-foot porch in front of the existintl structure and the addition of four parkinl/[ spaces at 412 Bethel Road, located on 1.28 acres of property alonE the north side of Bethel Road, approximately 170' east of Mitchell Road. CM091305 Page 11 of 17 Presentation: Gary Sieb, Director of Planning, made a presentation on Items 18 and 19. Action: Mayor Pro Tem Brancheau moved to approve: Item 18: Vaughan Addition, Lot 1, Block A, Site Plan, to allow the construction of an approximate 220-square-foot porch in front of the existing structure and the addition of four parking spaces at 412 Bethel Road, located on 1.28 acres of property along the north side of Bethel Road, approximately 170' east of Mitchell Road; and Item 19: Vaughan Addition, Lot 1, Block A, Minor Plat, to allow the construction of an approximate 220-square-foot porch in front of the existing structure and the addition of four parking spaces at 412 Bethel Road, located on 1.28 acres of property, along the north side of Bethel Road, approximately 170' east of Mitchell Road subject to the following condition: 1) City Council approval of the exception to the 20' minimum commercial drive requirement. Councilmember Faught seconded the motion; the motion carried 6-0 with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa- Flores, Tunnell, Faught and Suhy voting in favor of the motion. 19. Consider approval of the Vautlhan Addition, Lot 1, Block A, Minor Plat, to allow the construction of an approximate 220- square-foot porch in front of the existintl structure and the addition of four parkint[ spaces at 412 Bethel Road, located on 1.28 acres of property, alont[ the north side of Bethel Road, approximately 170' east of Mitchell Road. This item was considered under Item 18. See Item 18 for minutes. CM091305 Page 12 of 17 20. PUBLIC HEARING: Consider approval of amendintl the Land Use Plan of the 1996 Comprehensive Master Plan from Neil/ihborhood Retail to Historic on 3.2 acres of property alonE the south side of Bethel Road, east of Freeport Parkway and a zoninl/[ chanl/ie for Case No. ZC-618(CH), including PD-211-S-1226, Hard Eight Pit Bar-B- Q Restaurant, with Private Club, from R (Retail) to H (Historic), to expand and incorporate 3.2 acres of property alonE the south side of Bethel Road, east of Freeport Parkway into the desiEnated Historic district. Presentation: Gary Sieb, Director of Planning made a presentation to the Council. Public Hearinti: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Suhy moved to close the Public Hearing and approve amending the Land Use Plan of the 1996 Comprehensive Master Plan from Neighborhood Retail to Historic on 3.2 acres of property along the south side of Bethel Road, east of Freeport Parkway and a zoning change for Case No. ZC-618(CH), including PD-211-S-1226, Hard Eight Pit Bar-B-(2 t~estaurant, with Private Club, from R (Retail) to H (Historic), to expand and incorporate 3.2 acres of property along the south side of Bethel Road, east of Freeport Parkway into the designated Historic district. Councilmember Peters seconded the motion; the motion carried 6-0 with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught and Suhy voting in favor of the motion. 21. PUBLIC HEARING: Consider approval of a text chanl/ie amendment to delete Article 26, Sections 12-26-0 throutih 12-26-7, HI (Heavy Industrial) district and any other reference in Chapter 12, Zoninl/[, of the Code of Ordinances. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. CM091305 Page 13 of 17 Public Hearinti: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Tunnell moved to close the Public Hearing and approve a text change amendment to delete Article 26, Sections 12-26-0 through 12-26-7, HI (Heavy Industrial) district and any other reference in Chapter 12, Zoning, of the Code of Ordinances. Councilmember Suhy seconded the motion; the motion carried 6-0 with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught, Suhy and York voting in favor of the motion. 22. PUBLIC HEARING: Consider approval of a text amendment to Chapter 12, Zonintl, of the Code of Ordinances, Article 30, Sections 12-30-4, A (Atlricultural) district; 12-30-5, SF-ED (Sintile Family Estate District); and 12-30-12, LI (Litlht Industrial) district, to require a Special Use Permit for a temporary batch plant maintained in excess of one hundred and eil/ihty (180) days. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Public Hearinti: 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 a text amendment to Chapter 12, Zoning, of the Code of Ordinances, Article 30, Sections 12-30-4, A (Agricultural) district; 12-30-5, SF-ED (Single Family Estate District); and 12-30-12, LI (Light Industrial) district, to require a Special Use Permit for a temporary batch plant maintained in excess of one hundred and eighty (180) days. Mayor Pro Tem Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught and Suhy voting in favor of the motion. CM091305 Page 14 of 17 23. Consideration of an Interlocal Atlreement with the City of University Park, Texas to provide evacuee relief services in conjunction with Metrocrest Social Services and authorizintl the Mayor to sitln. Presentation: Jim Witt, City Manager, made a presentation to the Council. Action: Councilmember Peters moved to approve an Interlocal Agreement with the City of University Park, Texas to provide evacuee relief services in conjunction with Metrocrest Social Services and authorizing the Mayor to sign. Councilmember Tunnell seconded the motion; the motion carried 6-0 with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught and Suhy voting in favor of the motion. Item 25 was considered at this time. 24. 25. Necessary action resultinl/[ from Work Session. There was no action necessary under this item. Mayor and Council Reports. A. Report by Mayor Stover rel/iardinl/[ Metroplex Mayors' Meetinl/[. B. Report by Mayor Stover rel/iardinl/[ Hurricane Katrina Relief Efforts. C. Report by Mayor Stover rel/iardinl/[ Half-cent Sales Tax Election. Report by Mayor Pro Tem Brancheau rel/iardinl/[ Grapevine Stompfest Contest. Mayor Stover advised that he and City Manager Jim Witt had attended the Metroplex Mayors' Meeting and the speaker was State Representative Fred Hill who spoke about the property tax and revenue cap issue. Mayor Stover reported on the efforts of the City in providing relief for the evacuees from Hurricane Katrina and advised that area CM091305 Page 15 of 17 Co churches, community organizations and city employees had adopted the housing units provided for the hurricane victims. City Attorney Robert Hager indicated his law firm would like to adopt one of the families. Councilmembers reported on various relief efforts transpiring in the community. This item was discussed above under Item 7. Mayor Pro Tem Brancheau spoke regarding the Stompfest Contest in which he and Councilmember participated and won the first prize for best costume. Grapevine York had The Executive Session was reconvened at this time. EXECUTIVE SESSION {RECONVENED} (Closed to the Public) Reconvene Executive Session pursuant to: Section 551.071, Texas Government Code - Consultation with City Attorney. 1. City of Coppell vs. Barney Barnett, et al. Section 551.072, Texas Government Code - Deliberation rel/iardinl/[ Real Property. 1. Sale of land east of Hammond, south of Bethel and west of Coppell Road. Mayor Stover reconvened into Executive Session at 9:32 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 10:04 p.m. and reconvened the Regular Session. REGULAR SESSION (Open to the Public) 26. Necessary Action Resultinl/[ from Executive Session. Action: Councilmember Peters moved to approve the agreed judgment as presented in Executive Session between the City of Coppell and Barney K. Barnett and Gary G. Leeper, Trustees of the family trust. Councilmember Hinojosa-Flores seconded the motion; the motion carried CM091305 Page 16 of 17 6-0 with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught and Suhy voting in favor of the motion. There being no further business to come before the City Council, the meeting was adjourned. Dou~las~N. ~t~'ver, Mayor ATTEST: ~-~ibDy B~, dity Secretary CM091305 Page 17 of 17