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CM 2006-02-14MINUTES OF FEBRUARY 14, 2006 The City Council of the City of Coppell met in Regular Called Session on Tuesday, February 14, 2006, 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 (early departure) Billy Faught, Councilmember Thom Suhy, Councilmember Bill York, Councilmember Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert Hager. Call to order. Mayor Stover called the meeting to order, determined that a quorum was present and convened into Executive Session. EXECUTIVE SESSION (Closed to the Public) e Convene Executive Session Section 551.071, Texas Government Code - Consultation with City Attorney. 1. 2. Be e Peter David Winel/iarner vs. City of Coppell, et al. The City of Coppell and Coppell Independent School District opposition to a chanl/ie of zoninl/[ request of the Billintlsley Corporation in the City of Dallas, Zoninl/[ Case Number Z045-107 and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3. Western Rim Investors (Mansions by The Lake) vs. The City of Coppell and Michael J. Hodtle. Section 551.072, Texas Government Code - Deliberation rel/iardinl/[ Real Property. 1. Discussion retlardintl property west of Park and south of Bethel. cmO21406 Page 1 of 12 Section 551.087, Texas Government Code - Deliberation rel/iardinl/[ Economic Development Nel/iotiations. 1. Economic Development Prospect in Old Coppell. Mayor Stover convened into Executive Session at 5:42 p.m. as allowed under the above-stated article. Mayor Stover recessed the Executive Session at 6:35 p.m. and opened the Work Session. WORK SESSION (Open to the Public) Convene Work Session A. B. C. Discussion retlardintl direction on the Stratetlic Plan. Discussion rel/iardinl/[ Town Center site plans. Discussion retlardintl installation of hooded left Wendy's/ Goodyear intersection with Denton Tap Road. Discussion rel/iardinl/[ overhead utilities on Bethel Road. at Discussion retlardintl first Council early votintl. Discussion of Atlenda Items. Meetinl/[ in May and EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Peter David Winel/iarner vs. City of Coppell, et al. B. Section 551.072, Texas Government Code - Deliberation rel/iardinl/[ Real Property. 1. Discussion retlardintl property west of Park and south of Bethel. C. Section 551.087, Texas Government Code - Deliberation rel/iardinl/[ Economic Development Nel/iotiations. 1. Economic Development Prospect in Old Coppell. Mayor Stover convened into Executive Session at 6:52 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 6:58 p.m. and reconvened the Regular Session. REGULAR SESSION (Open to the Public) cmO21406 Page 2 of 12 4. Convene ReEular Session. Invocation. Councilmember York led those present in the Invocation. Pledtle of Alletliance. Scouts from Troop 8888 led those present in the Pledge of Allegiance. Two students from Northlake college were also recognized. Citizens' Appearances. There were no citizen appearances. CONSENT AGENDA Consider approval of the followinl/[ consent al/ienda items: A. Consider approval of minutes: January 24, 2006. Consider approval of a Resolution of the City Council of the City of Coppell, Texas, Dallas, County, Texas, desil/inatinl/[ the City Secretary to serve as the Public Information Coordinator and authorizintl the Mayor to sitln. Consider approval of a Resolution authorizinl/[ the City Manal/ier to execute a lease or rental al/ireement for the rental of one or more ADA Ivotronic V. 8.0.1.0 or other approved Accessible Votinl/[ System from the County of Dallas or other qualified providers to be provided in each pollinl/[ place in every location used to conduct any General or Special Election ordered on or after January 1, 2006, and authorizintl the Mayor to sitln. Consider approval of a l/[rant between the city of Coppell, the Coppell Education Development Corporation, and the cmO21406 Page 3 of 12 Lewisville Independent School District in the amount of $29,693.36 and authorizintl the City Manatler to sitln. Ee Consider approval of an Interlocal Al/ireement between the City of Coppell and the County of Denton for the sale and exchanl/ie of Surplus Emerl/iency Equipment, and authorizintl the City Manatler to sitln. Fe Consider approval of an interlocal atlreement with Dallas County for road wideninl/[ on Sandy Lake Road at Whisperinl/[ Hills Drive in a cost share amount of $26,472.17; and authorizintl the Mayor to sitln. Consider approval of an interlocal al/ireement between the City of Coppell and the City of Grapevine to provide for joint biddintl of the construction of Bethel Road and Bass Pro Drive, between S. H. 121 and Freeport Parkway, and authorizintl the Mayor to sitln. He Consider approval to utilize the City of Richardson's contract with Uretek USA, Inc., as authorized by the Texas Local Government Code, Section 271.102, Subchapter F, to perform our yearly street repair/mud jackinl/[ prol/iram, in an amount of $50,000 as provided for in the Infrastructure Maintenance Fund. Consider approval of an Ordinance for Case No. ZC-619, St. Ann Catholic Parish, chantlintl the zonintl from C (Commercial) to SF-9 (Sintile Family-9) on approximately 5.3 acres of property located at 700 E. Sandy Lake Road, to expand church uses into an existintl buildintl, and amendinl/[ the Land Use Plan of the 1996 Comprehensive Plan, chantlintl the land use from Neitlhborhood Retail to Public Institutional, and authorizintl the Mayor to sitln. Action: Councilmember Hinojosa-Flores moved to approve Consent Agenda Items A, B carrying Resolution No. 2006-0214.1, C carrying Resolution No. 2006-0214.2, D, E, F, G, H and I carrying Ordinance No. 91500-A-430. Councilmember York seconded the motion; the motion carried 7-0 with cmO21406 Page 4 of 12 Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught, Suhy and York voting in favor of the motion. PUBLIC HEARING: Consider approval of Case No. S-1232-C, Value Place Hotel, zoning change request from LI and C {Light Industrial and Commercial} to S- 1232-C {Special Use Permit- 1232- Commercial}, to allow the construction of a four-story, limited service/extended stay hotel, with 121 studio rooms, on 2.076 acres of property located at the northeast corner of S.H. 121 and Northpoint Drive. Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to the Council. Rick Martin, 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. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Stover convened into Executive Session at 7:48 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 7:53 p.m. and opened the Regular Session. REGULAR SESSION (Open to the Public) Action: Councilmember Suhy moved to close the Public Hearing and approve Case No. S-1232-C, Value Place Hotel, zoning change request from LI and C (Light Industrial and Commercial) to S-1232-C (Special Use Permit- cmO21406 Page 5 of 12 1232-Commercial), to allow the construction of a four-story, limited service/extended stay hotel, with 121 studio rooms, on 2.076 acres of property located at the northeast corner of S.H. 121 and Northpoint Drive. Councilmember Faught seconded the motion; the motion failed 1- 6, with Councilmember Suhy voting in favor and Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught and York voting against the motion. 10. PUBLIC HEARING: Consider approval of Case No. PD-212-LI, Freeport North, northern portion of Lot. 1, Block 1, {CitiFinancial), zoning change request from LI {Light Industrial) to PD-212-LI {Planned Development-212-Light Industrial), to amend the approved Site Plan to allow an expansion to the off-street parking areas; to allow deficits in parking and landscaping, and to allow additional site modifications on 12.28 acres of property located at 1111 Northpoint Drive {southwest corner of Northpoint Drive and Royal Lane). Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to the Council and indicated the Applicant had requested to postpone this item until March 9, 2006. Public Hearinti: Mayor Stover opened the Public Hearing. Action: Councilmember Peters moved to postpone Case No. PD-212-LI, Freeport North, northern portion of Lot 1, Block 1, (CitiFinancial), zoning change request from LI (Light Industrial) to PD-212-LI (Planned Development- 212-Light Industrial), to amend the approved Site Plan to allow an expansion to the off-street parking areas; to allow deficits in parking and landscaping, and to allow additional site modifications on 12.28 acres of property located at 1111 Northpoint Drive (southwest corner of Northpoint Drive and Royal Lane), to the March 9, 2006 Council meeting. Mayor Pro Tem Brancheau 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. cmO21406 Page 6 of 12 11. Consider approval of the Northlake 635 Business Park, Lot 2R, Block C {Coppell Business Center lll), Site Plan, to allow the construction of a 14,545-square-foot office buildintl on 1.51 acres of property located alonE the west side of Lakeshore Drive, approximately 677 feet south of Wranl/iler Drive. Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to the Council. Action: Councilmember York moved to approve the Northlake 635 Business Park, Lot 2R, Block C (Coppell Business Center iii), Site Plan, to allow the construction of a 14,545-square-foot office building on 1.51 acres of property located along the west side of Lakeshore Drive, approximately 677 feet south of Wrangler Drive subject to the following condition: To include more monument sign details on the elevation to make sure it complies with the zoning ordinance. Councilmember Suhy 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. 12. PUBLIC HEARING: Consider approval of the Northlake 635 Business Park, Lot 2R, Block C {Coppell Business Center lll), Replat, to allow the construction of a 14,545-square-foot office buildintl on 1.51 acres of property located alonE the west side of Lakeshore Drive, approximately 677 feet south of Wranl/iler Drive. Presentation: Marcie Diamond, Assistant 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. cmO21406 Page 7 of 12 Action: Councilmember York moved to close the Public Hearing and approve the Northlake 635 Business Park, Lot 2R, Block C (Coppell Business Center iii), Replat, to allow the construction of a 14,545-square-foot office building on 1.51 acres of property located along the west side of Lakeshore Drive, approximately 677 feet south of Wrangler Drive subject to the following condition: 1. Compliance with all Engineering comments as follows: ao Grading and Drainage Plan: 1. The surface drainage from drainage area 1 should not sheet flow to the street. Pick up this flow and convey it to the storm drain system on site. Bo Landscape Planting Plan, LP1.1 1. Trees should not interfere with the sanitary sewer. 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. 13. Consider approval of the Coppell Town Center Addition, Lot 1, Block 1, (Justice Center.) Site Plan .A.m. endmen, t, to allow a 4,028-square-foot expansion to the exlstlnl/[ Justice Center and a revised parkinl/[ layout located at 130 Town Center Boulevard. Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to the Council. Gary Beeman, appplicant architect, answered Council questions. Action: Councilmember York moved to approve the Coppell Town Center Addition, Lot 1, Block 1, (Justice Center) Site Plan Amendment, to allow a 4,028-square-foot expansion to the existing Justice Center and a cmO21406 Page 8 of 12 revised parking layout located at 130 Town Center Boulevard subject to the following conditions: Continue to coordinate all plans with the Parks and Recreation Department as they are responsible for the Plaza Project which surrounds the site plan. ° Construction plans should be submitted for review and construction permit should be applied for through the Engineering Department. Councilmember Suhy 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. 14. Consider approval of the Coppell Town Center Addition, Lot 1, Block 1, (Fire Station No. 3} Site Plan Amendment, to allow a 3,546-square-foot expansion to the existing Fire Station located at 133 Parkway Boulevard. Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to the Council. Action: Councilmember Peters moved to approve the Coppell Town Center Addition, Lot 1, Block 1, (Fire Station No. 3) Site Plan Amendment, to allow a 3,546-square-foot expansion to the existing Fire Station located at 133 Parkway Boulevard subject to the following conditions: Continue to coordinate all the plans with the Parks and Recreation Department as they are responsible for the Plaza Project which surrounds the site plan. ° Construction plans should be submitted for review and construction permit should be applied for through the Engineering Department. Councilmember Tunnell 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. cmO21406 Page 9 of 12 15. Discussion and consideration of compensatintl TXU Electric Delivery Company for up to six undertlround crossintls alonE Bethel Road, from Coppell Rd. to the west city limits, in an estimated cost of $250,000; and authorizintl the Director of Enl/iineerinl/[ to execute the ril/iht-of-way use permit application. Presentation: Ken Griffin, Director of Engineering/Public Works, made a presentation to the Council. Action: Mayor Pro Tem Brancheau moved to approve burying the overhead line at the intersection of Bethel Road and Freeport Parkway, both the East/West line and the North/South line and also the crossing near Loch Lane and authorize the Director of Engineering to execute the right-of- way use permit application with TXU. Councilmember York 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. Items C and E from the Work Session were discussed at this time due to time running out during the actual Work Session. 16. Necessary action resultintl from Work Session. There was no action necessary under this item. 17. City Manatler's Report. A. 121 Construction Update. B. East Sandy Lake Road Update. City Manager, Jim Witt, updated Council on the 121 Construction project and East Sandy Lake Road. 18. Mayor and Council Reports. cmO21406 Page 10 of 12 ao Report by Mayor Stover retlardintl the Father/Dautlhter and Mother/Son Valentine's Dance. Mayor Stover reported on the Father/Daughter and Mother/Son Valentine's Dance and the great lengths that Parks and Recreation staff extended themselves to entertain and impress the attendees to make it a memorable event. Councilmember Tunnell departed at the end of the Mayor's report. EXECUTIVE SESSION (Closed to the Public) Reconvene 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 Billintlsley Corporation in the City of Dallas, Zoninl/[ Case Number Z045-107 and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3. Mayor Stover convened into Executive Session at 9:02 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 10:12 p.m. and opened the Regular Session. REGULAR SESSION Convene Regular Session. (Open to the Public) 19. Necessary Action Resultinl/[ from Executive Session. Action: Mayor Pro Tem Brancheau moved to approve motion of settlement agreement with Western Rim Investors in Cause No. 04CV-13399-R, as outlined in the letter of December 19, 2005, provided by the City Attorney of record, except, cmO21406 Pagellof12 1. Item 3 of said letter will be removed and the State of Texas shall be __ the enforcement authority along State Highway 121, and, The terms of the agreement will not be transferred or assigned to any third party or successors in interest. Councilmember York seconded the motion; the motion carded 4-2 with Mayor Pro Tern Brancheau and Councilmembers Hinojosa-Flores, Faught, and York voting in favor of the motion with Councilmembers Peters and Suhy opposed. Action: Councilmember Peters moved to approve calling for a Special Executive Session on the Northlake Issue for Thursday, February 23, 2006, at 5:30 p.m. Councilmember Hinojosa-Flores seconded the motion; the motion carried 6-0 with Mayor Pro Tern Brancheau and Councilmembers Peters, Hinojosa-Flores, Faught, Suhy and York voting in favor of the motion. There being no further business to come before the City Council, the meeting was adjourned. ATTEST: ~tover, Mayor cm021406 Page 12 of 12