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CM 2005-11-08MINUTES OF NOVEMBER 8~ 2005 The City Council of the City of Coppell met in Regular Called Session on Tuesday, November 8, 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 (late arrival) Bill York, 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, present and convened into Executive Session. determined that a quorum was EXECUTIVE SESSION (Closed to the Public} Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. 2. 3. Western Rim vs. City of Coppell Drilling for Natural Gas Wells within the city limits. 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. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Discussion regarding sale of land East of Hammond, West of Park and South of Bethel Road. CM 110805 Page 1 of 13 Mayor Stover convened into Executive Session at 5:43 p.m. as allowed under the above-stated article. Mayor Stover recessed the Executive Session at 7:06 p.m. and opened the Regular Session. WORK SESSION (Open to the Public) Convene Work Session A. Discussion regarding the Committee. B. Discussion of Agenda Items. Town Center Architectural Time did not allow for any Work Session discussion. ,REGULAR SESSION 4. Convene ReE'ular Session. (Open to the Public) 5. Invocation. The Rev. Dale Patterson, Presbyterian Church at Hackberry 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 2005 as Great American Smokeout® Day in authorizing the Mayor to sign. November 17, Coppell, and Presentation: Mayor Stover read the Proclamation for the record and presented the same to Phyllis Baker. Action: Councilmember Peters moved to approve a proclamation naming November 17, 2005 as Great American Smokeout Day in Coppell, and CM 110805 Page 2 of 13 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 York voting in favor of the motion. Citizens' Appearances. ao Tod Farrell, 127 Ridgeway Drive, addressed Council regarding the citizens ignoring the "No Left Turn" at the Taco Bell/Wendy's crossover at Denton Tap. CONSENT AGENDA Consider approval of the following consent agenda items: A. Consider approval of minutes: October 25, 2005. Consider approval of a right-of-way use agreement between the City of Coppell and JDB Coppell Village Plaza to allow the Property Owners Association to install and maintain a street lighting system in the City of Coppell right-of-way on Plaza Boulevard; and authorizing the City Manager to sign. Consider approval of an Interlocal Cooperation Agreement with Denton County to receive compensation in the amount of $5,799 for library services for fiscal year 05/06; and authorizing the Mayor to sign. Consider approval of an Ordinance for Case No. PD- 186R7-LI, Duke-Freeport, zoning change 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, and authorizing the Mayor to sign. CM 110805 Page 3 of 13 Consider approval of an Ordinance for Case No. S-1229-LI, Kidz Muze, zoning change from LI {Light Industrial) to S- 1229-LI {Special Use Permit-1229-Light Industrial), to allow the operation of an approximate 22,000-square-foot indoor recreation/entertainment center to be located at 989 W. Sandy Lake Road, and authorizing the Mayor to sign. Fe Consider approval of an Ordinance for Case No. S-1230-C, The Dinner Station, zoning change from C {Commercial) to S-1230-C {Special Use Permit-1230-Commercial), to allow the operation of an approximate 1,960-square-foot food-assembly center to be located at 757 S. MacArthur Road {Coppell Crossing), and authorizing the Mayor to sign. Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B, C, D carrying Ordinance No. 91500-A-423, E carrying Ordinance No. 91500-A-424 and F carrying Ordinance No. 91500-A-425. Councilmember York seconded the motion; the motion carried 6-0 with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught and York voting in favor of the motion. 10. Consider and authorize City Manager to negotiate and execute a purchase and sale agreement, and any necessary agreements and instruments related thereto, for the transfer of Lot 1, Block 2 of the Historic Coppell Properties Addition, approximately 1.615 acres of land, to the Coppell Economic Development Foundation, acting as an independent foundation, for the resale of such property to Historic Coppell Properties Inc. for the construction of a medical office building. Presentation: City Manager Jim Witt made a presentation to the Council on Items 10 and 11 and pointed out that the property in question in both items is actually located in Block 1 and not Block 2 as the item states. CM 110805 Page 4 of 13 Action: Councilmember York moved to authorize the City Manager to negotiate and execute a purchase and sale agreement, and any necessary agreements and instruments related thereto, for the transfer of Lot 1, Block 1 of the Historic Coppell Properties Addition, approximately 1.615 acres of land, to the Coppell Economic Development Foundation, acting as an independent foundation, for the resale of such property to Historic Coppell Properties Inc. for the construction of a medical office building. Councilmember Faught seconded the motion; the motion carried 6-0 with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa- Flores, Tunnell, Faught and York voting in favor of the motion. 11. Consider and authorize City Manal/ier to nel/iotiate and execute a purchase and option al/ireement, and any necessary al/ireements and instruments related thereto, for the transfer of Lot 2, Block 2 of the Historic Coppell Properties Addition, approximately 1.641 acres of land, to the Coppell Economic Development Foundation, actinl/[ as an independent foundation, for the resale to Historic Coppell Properties Inc. for the construction of a medical office buildinl/[. Action: Councilmember York moved to authorize the City Manager to negotiate and execute a purchase and option agreement, and any necessary agreements and instruments related thereto, for the transfer of Lot 2, Block 1 of the Historic Coppell Properties Addition, approximately 1.641 acres of land, to the Coppell Economic Development Foundation, acting as an independent foundation, for the resale to Historic Coppell Properties Inc. for the construction of a medical office building. 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 York voting in favor of the motion. 12. PUBLIC HEARING: Consider approval of Case No. PD-103R2(CH), Lake Park Addition, a City-initiated Public Hearintl to consider amendintl PD-103 (Planned Development-103) to consider for an increase in the maximum buildinl/[ heil/iht from one- to two-and-a-half- stories (35 feet) on Lots 1-11, Block A, of the Lake Park CM 110805 Page 5 of 13 Addition located alonE the south side of Glen Lakes Drive (623 to 663 Glen Lakes Drive). Presentation: Gary Sieb, Director of Planning, made a presentation to the Council and advised that the Applicant would like to postpone this item until December 13th. Public Hearinti: Mayor Stover opened the Public Hearing. Action: Councilmember Peters moved to postpone this item until the December 13th City Council meeting. Councilmember York seconded the motion; the motion carried 6-0 with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught and York voting in favor of the motion. 13. PUBLIC HEARING: Consider approval of Case No. PD-197R2-H, Old Coppell Townhomes, zoninE chanEe request from PD-197R-H (Planned Development-197 Revised-Historic) to PD-197R2-H (Planned Development-197 Revision 2-Historic) to attach Detail Site Plans for Unit H (Lot 17, Block A) and Unit I (Lot 6, Block B), to allow the development of two sinEle-family homes, each on approximately 0.10 of an acre of property alonE Mobley Way. Councilmember Faught filed a Conflict of Interest Affidavit with the City Secretary on this item and left the dais at this time. 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. CM 110805 Page 6 of 13 Action: Councilmember York moved to close the Public Hearing and approve Case No. PD-197R2-H, Old Coppell Townhomes, zoning change request from PD-197R-H (Planned Development-197 Revised-Historic) to PD- 197R2-H (Planned Development-197 Revision 2-Historic) to attach Detail Site Plans for Unit H (Lot 17, Block A) and Unit I (Lot 6, Block B), to allow the development of two single-family homes, each on approximately 0.10 of an acre of property along Mobley Way. Councilmember Tunnell seconded the motion; the motion carried 5-0-1 with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell and York voting in favor of the motion and Councilmember Faught abstaining by having filed a Conflict of Interest Affidavit. Councilmember Faught rejoined Council on the dais at this time. 14. PUBLIC HEARING: Consider approval of the Wynnpage Plaza North, Lot 1R, Block B, Replat and Lots 2 and 3, Block B, Final Plat, to allow the reconfiguration of a fire lane and mutual access easement on Lot 1R, containing .68 of an acre of property, the development of an approximate 16,000-square-foot two-story building on Lot 2, containing 1.10 acres of property, and an approximate 3,500-square-foot one-story office building on Lot 3, containing 1.13 acres of property located along the west side of Denton Tap Road, approximately 180 feet north of Wynnpage Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Greg Yancy, representing the Applicant, addressed questions of Council regarding the lift station. Public Hearinti: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. CM 110805 Page 7 of 13 Action: Councilmember Tunnell moved to close the Public Hearing and approve Wynnpage Plaza North, Lot iR, Block B, Replat and Lots 2 and 3, Block B, Final Plat, to allow the reconfiguration of a fire lane and mutual access easement on Lot iR, containing .68 of an acre of property, the development of an approximate 16,000-square-foot two-story building on Lot 2, containing 1.10 acres of property, and an approximate 3,500- square-foot one-story office building on Lot 3, containing 1.13 acres of property located along the west side of Denton Tap Road, approximately 180 feet north of Wynnpage Drive, subject to the following conditions: 1) 9.) 3) 4) Submit verification if the Board of Adjustment grants the following variances to the Zoning Ordinance: a. Deleting the perimeter landscaping requirement for Lots 1 and 2, Block B. b. Allowing a minimum 1 l'-side yard setback for Lot 2, Block B. c. Allowing a minimum 1 l '-front/ side yard setback for Lot 1, Block B. Provide a final cross-parking agreement between these two properties. Submit revised Site and Landscape Plans with proposed lot lines shown, if approved through the Board of Adjustment process. Compliance with Engineering comments as follows: a. All utilities that cross property lines should be located within private utility easements. b. Provide a Property Association Agreement between Lots iR, 2 and 3, Block B for the maintenance of the shared utilities. The agreement should include maintenance of the lift station. c. The portion of the service line that provides water to Lot 2 and is located on Lot 3 should be located within a private utility easement. d. Locate the fire hydrant and FDC currently shown on Lot 2 to the parking island located on the east side of the 24' x 29.5' Access Easement. These should be placed within a private utility easement. e. What is the intent of providing a water stub to the property to the north? f. Flows to the north from the proposed flume should not be concentrated when they enter the adjacent property. Drainage will be further evaluated upon detailed Engineering Review. Councilmember York seconded the motion; the motion carried 6-0 with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught and York voting in favor of the motion. CM 110805 Page 8 of 13 15. Consider approval of the Natches Trace Addition, Lot 1, Block C, (Town Center Bank} Site Plan Revision, to allow the construction of a dumpster enclosure to serve the existint[ 8,867-square-foot bank facility on 1.550 acres of property located alont[ the east side of Denton Tap Road, approximately 300-feet south of S.H. 121. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Action: Councilmember Peters moved to approve Natches Trace Addition, Lot 1, Block C, (Town Center Bank) Site Plan Revision, to allow the construction of a dumpster enclosure to serve the existing 8,867-square- foot bank facility on 1.550 acres of property located along the east side of Denton Tap Road, approximately 300-feet south of S.H. 121. Councilmember Hinojosa-Flores seconded the motion; the motion carried 6-0 with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught and York voting in favor of the motion. 16. Consider approval of an Ordinance denyint[ the request by Atmos Enertiy Corporation to implement an annual tias reliability infrastructure protiram rate increase for the second consecutive year, providint[ for notice hereof to said company, and authorizint; the Mayor to sitin. Presentation: City Manager Jim Witt made a presentation to the Council. Action: Councilmember Faught moved to approve Ordinance No. 2005-1114 denying the request by Atmos Energy Corporation to implement an annual gas reliability infrastructure program rate increase for the second consecutive year, providing for notice hereof to said company, 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 York voting in favor of the motion. CM 110805 Page 9 of 13 17. Consider approval of a Resolution of the City of Coppell, Texas, approving the purchase of eleven (11) 2006 Chevrolet Tahoe PPV's in the amount of $297,256 as budgeted; and authorizing the City Manager to execute the appropriate Purchase AEreement and / or Lease-Purchase Financing AEreements. Presentation: City Manager Jim Witt made a presentation to the Council. Action: Councilmember Hinojosa-Flores moved to approve Resolution No. 2005-1108.1 approving the purchase of eleven (11) 2006 Chevrolet Tahoe PPV's in the amount of $297,256 as budgeted; and authorizing the City Manager to execute the appropriate Purchase Agreement and/or Lease- Purchase Financing Agreements. Councilmember York seconded the motion; the motion carried 6-0 with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught and York voting in favor of the motion. 18. Consider approval of a resolution casting a vote for the fourth member of the Board of Directors of the Dallas Central Appraisal District, and authorizing the Mayor to sign. Presentation: City Manager Jim Witt made a presentation to the Council. Action: Councilmember Tunnell moved to approve Resolution No. 2005-1108.2 casting a vote for Scott Wheeler to be the fourth member of the Board of Directors of the Dallas Central Appraisal District, 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 York voting in favor of the motion. 19. Consider approval of a an ordinance of the city of Coppell, Texas, amending the code of ordinances by amending chapter 8, by adding article 8-8, administrative adjudication of parking violations; providing for establishing all municipal parking CM 110805 Page 10 of 13 violations to be a civil offense; providing for appointment of hearing officers, establishing powers, functions and duties; providing for form of citation and service; providing for liability of owner and operator; providing for answer and adjudication by mail; providing for hearing for disposition and failure to appear; providing for fines and enforcement; providing for impoundment and hearing; providing for appeal procedures; providing a repealing clause; providing a severability clause; providing a savings clause; and providing an effective date; and authorizing the Mayor to sign. Presentation: City Manager Jim Witt made a presentation to the Council. Action: Councilmember Peters moved to postpone Item 19 until December 13, 2005. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught and York voting in favor of the motion. 20. Necessary action resulting from Work Session. There was no action necessary under this item. 21. Mayor and Council Reports. A. Report by Mayor Stover Be Ce regarding Metroplex Mayors' Meeting. Report by Mayor Stover regarding the 50th Anniversary Celebration. Report by Mayor Stover regarding the Parks and Recreation Halloween Party. ao Bo Mayor Stover stated he and City Manager Jim Witt had attended the Metroplex Mayors' Meeting and the presentation was by Mike Eastland, Executive Director of the North Texas Council of Government. The presentation was regarding "Vision North Texas" and covered the issues facing the metroplex in the next 25 years. Mayor Stover reported that the 50th Anniversary Celebration was a fabulous function and well-attended by the community. CM 110805 Page 11 of 13 Co Mayor Stover advised that the Parks and Recreation Halloween Party was a big success and gave kudos to all the Parks and Recreation staff involved. Councilmember Suhy arrived prior to Executive Session. EXECUTIVE SESSION (Closed to the Public) 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 chanl/ie of zoninl/[ request of the Billingsley Corporation in the City of Dallas, Zoninl/[ Case Number Z045-107. Mayor Stover reconvened into Executive Session at 8:34 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 9:00 p.m. and reopened the Regular Session. ,REGULAR SESSION (Open to the Public) 22. Necessary Action Resultinl/[ from Executive Session. Action: Councilmember Suhy moved to approve Resolution No. 2005-1108.3 to determine the public use, purpose and necessity for the acquisition of tracts of land and additional rights-of-way located in the area east of Belt Line Road and north of Hackberry Road described in Exhibit A (attached to the Resolution) within the City of Dallas, Dallas County, Texas for the public use, purpose and necessity of parks and recreational facilities for the use of the city and co-jointly with the Coppell Independent School District, workforce housing, senior housing and public access and rights-of-way thereto, authorizing the City Attorney and Special Counsel engaged by the city to acquire said property, authorizing the City Manager to utilize the services of an appraiser to appraise the fair market value of the property described in Exhibit A and to assist the City of Coppell to prepare a good-faith offer to the owners of the property and providing an effective date. Councilmember Faught seconded the motion; the motion carried 7-0 with Mayor Pro Tem CM 110805 Page 12 of 13 Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught, Suhy and York voting in favor of the motion. Councilmember Hinojosa-Flores moved to approve Resolution No. 2005-1108.4 authorizing the City Manager to engage a planning consultant to prepare a study of external area close to and contiguous to the city boundaries which directly affects its residents, providing the appointment of a Planning and Zoning Commission to review and recommend to the City Council such plan as an element to the City of Coppelrs Comprehensive Land Use Plan. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught, Suhy and York voting in favor of the motion. There was adjourned. being no further business to come before the City Council, the meeting ~er~--~ayor ATTEST: Libby Bal~ty Secretary CMl 10805 Page 13 of 13