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CM 2006-08-08 MINUTES OF AUGUST 8, 2006 The City Council of the City of Coppell met in Regular Called Session on Tuesday, August 8, 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 Billy Faught, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember Marvin Franklin, Councilmember 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, 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.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; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3,; and CB Parkway Business Center, et al vs. City of Coppell, et al.; and City of Dallas vs. Douglas Stover, et al in the 191st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101st District Court. 2.Provide Legal Advice concerning Regulations for Alcoholic Beverages. cm080806 Page 1 of 12 ITEM # ITEM DESCRIPTION B.Section 551.087, Texas Government Code – Economic Development Negotiations. 1.Economic Development Prospects on the west side of Coppell. Mayor Stover convened into Executive Session at 5:44 p.m. as allowed under the above-stated article. Mayor Stover recessed the Executive Session at 6:43 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3.Convene Work Session A.Discussion regarding Underage Drinking and Ordinance. B.Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4.Convene Regular Session. 5.Invocation. Councilmember Franklin led those present in the Invocation. 6.Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 7.Citizens' Appearances. There was no one signed up to speak at Citizen’s Appearances. CONSENT AGENDA 8.Consider approval of the following consent agenda items: A.Consider approval of minutes: July 25, 2006 & July 27, 2006. ag080806 Page 2 of 12 ITEM # ITEM DESCRIPTION B.Consider approval of the certification of the 2006 anticipated collection rate for the period of July 1, 2006, through June 30, 2007, and the amount of excess debt collections during the period of July 1, 2005, and June 30, 2006. C.Consider approval of authorizing the City Manager to execute an Agreement with the Coppell Independent School District for the exchange of land at the Town Center Complex and Town Center Elementary School and authorizing the Mayor to execute the appropriate conveyance documents. D.Consider approval of an Ordinance for S-1121R-SF-9, St. Ann Catholic Parish, zoning change request from S-1121- SF-9 (Special Use Permit-1121-Single Family-9) to S- 1121R-SF-9 (Special Use Permit-1121 Revised – Single Family 9), to amend the existing SUP site plan to allow the renovation and expansion of church uses into the former Georgetown Shopping Center, including stucco exterior, adding a playground, additional parking and landscaped areas on approximately 19.52 acres of property located at the northeast corner of Sandy Lake Road and Samuel Boulevard, and authorizing the mayor to sign. Action: Councilmember York moved to approve Consent Agenda Items A, B, C and D carrying Ordinance No. 91500-A-435. Councilmember Hinojosa- Flores seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 9.Consider approval of a proposal to lower the tax rate to .64146 for the 2006 tax year and to set the Public Hearings on the proposed tax rate for the next regularly scheduled Council Meeting on August 22, 2006 at 7:00 p.m., and at a special called Council Meeting on August 29, 2006 at 6:00 p.m. ag080806 Page 3 of 12 ITEM # ITEM DESCRIPTION Presentation: Jennifer Armstrong, Finance Director, made a presentation to the Council. Action: Councilmember Faught moved to approve a proposal to lower the tax rate to .64146 for the 2006 tax year and to set the Public Hearings on the proposed tax rate for the next regularly scheduled Council Meeting on August 22, 2006 at 7:00 p.m., and at a special called Council Meeting on August 29, 2006 at 6:00 p.m. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 10.PUBLIC HEARING: Consider approval of Case No. PD-208R-LI, Coppell Trade Center, zoning change request from PD-208-LI (Planned Development-208-Light Industrial) to PD-208R-LI (Planned Development-208 Revised-Light Industrial) to approve Detail Plans for three office/warehouse buildings (Buildings A and B each containing approximately 150,500-square-feet and Building D containing approximately 117,737-square-feet) on approximately 27.8 acres of property located along the north side of Sandy Lake Road, between Northpoint Drive (extended) and the extension of Freeport Parkway. Presentation: Matt Steer, City Planner, made a presentation to the Council. Brian Degravelle, 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. Action: Councilmember York moved to close the Public Hearing and approve Case No. PD-208R-LI, Coppell Trade Center, zoning change request from ag080806 Page 4 of 12 ITEM # ITEM DESCRIPTION PD-208-LI (Planned Development-208-Light Industrial) to PD-208R-LI (Planned Development-208 Revised-Light Industrial) to approve Detail Plans for three office/warehouse buildings (Buildings A and B each containing approximately 150,500-square-feet and Building D containing approximately 117,737-square-feet) on approximately 27.8 acres of property located along the north side of Sandy Lake Road, between Northpoint Drive (extended) and the extension of Freeport Parkway; subject to the following conditions: 1)Comply with the attached Departmental Comment Sheet; 2)Tree Mitigation Fee in the amount of $120,000 was agreed to be paid in two phases of $60,000 each, payable prior to the issuance of C.O. for each phase, or in full within five years. Phase one tree mitigation was paid on 2/15/06; 3)Rectify inconsistencies between what is shown in the landscape tabulations and the plant list (quantities and size); 4)Revise perimeter landscaping note to read that one tree is required per 40 linear feet along Sandy Lake. Councilmember Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa- Flores, Tunnell, Franklin and York voting in favor of the motion. 11.PUBLIC HEARING: Consider approval of the Coppell Trade Center, Lot 1R, Block 1, Replat, to revise the location of fire lanes and utilities to allow the construction of three office/warehouse buildings, on approximately 40.6 acres of property located along the north side of Sandy Lake Road, between Northpoint Drive (extended) and the extension of Freeport Parkway. Presentation: Matt Steer, City Planner, made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. ag080806 Page 5 of 12 ITEM # ITEM DESCRIPTION Action: Councilmember York moved to close the Public Hearing and approve the Coppell Trade Center, Lot 1R, Block 1, Replat, to revise the location of fire lanes and utilities to allow the construction of three office/warehouse buildings, on approximately 40.6 acres of property located along the north side of Sandy Lake Road, between Northpoint Drive (extended) and the extension of Freeport Parkway; subject to the following conditions: 1)Contact Jeff Curry at 972-888-1330, to discuss easement requirements; 2)Additional comments may be generated upon detailed engineering review. Councilmember Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 12.PUBLIC HEARING: Consider Approval of Case No. PD-215-LI, Victron Energy, zoning change request from LI (Light Industrial) to PD-215-LI (Planned Development-215-LI) to allow the development of a 4,248-square-foot convenience store, 1,414-square-foot restaurant and a 5,104-square-foot canopy over six gas pumps on 1.68 acres of property within the City of Coppell and an additional 0.66 acres of lease area (DFW Airport Land outside of Coppell City Limits) located south of LBJ (IH 635), east of Royal Lane. Presentation: Matt Steer, City Planner, made a presentation to the Council. Doug Ralston, property owner, addressed the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. ag080806 Page 6 of 12 ITEM # ITEM DESCRIPTION Action: Councilmember Brancheau moved to close the Public Hearing and approve Case No. PD-215-LI, Victron Energy, zoning change request from LI (Light Industrial) to PD-215-LI (Planned Development-215-LI) to allow the development of a 4,248-square-foot convenience store, 1,414-square- foot restaurant and a 5,104-square-foot canopy over six gas pumps on 1.68 acres of property within the City of Coppell and an additional 0.66 acres of lease area (DFW Airport Land outside of Coppell City Limits) located south of LBJ (IH 635), east of Royal Lane; subject to the following conditions: 1)Submit evidence of all required approvals from the DFW Airport Board as they relate to the “Lease Area” prior to the issuance of any permits from the City of Coppell; 2)Provide a copy of all-necessary permits and documentation from TCEQ for the proposed on-site sewage disposal system; 3)Provide a copy of all-necessary permits and documentation from TXDOT allowing for drainage and utility construction in their right-of- way and under the existing overhead lines; 4)Recognition of the existing billboard as a non-conforming use.; 5)Submission of written confirmation from TXU that all uses as proposed on the site plan are permissible within their easement; 6)Hours of operation shall not exceed 6:00 a.m. to 11:00 p.m., 7 days a week. Councilmember York seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 13.Consider approval of Victron Stores Addition, Lot 1, Block A, Minor Plat, to allow the development of a 4,248-square-foot convenience store, 1,414-square-foot restaurant and a 5,104- square-foot canopy with six gas pumps on 1.68 acres of property located south of LBJ (IH 635), east of Royal Lane. ag080806 Page 7 of 12 ITEM # ITEM DESCRIPTION Presentation: Matt Steer, City Planner, made a presentation to the Council. Action: Councilmember York moved to approve Victron Stores Addition, Lot 1, Block A, Minor Plat, to allow the development of a 4,248-square-foot convenience store, 1,414-square-foot restaurant and a 5,104-square-foot canopy with six gas pumps on 1.68 acres of property located south of LBJ (IH 635), east of Royal Lane; subject to the following conditions: 1)Submit evidence of all required approvals from the DFW Airport Board as they relate to the “Lease Area” prior to the issuance of any permits from the City of Coppell; 2)Provide a copy of all-necessary permits and documentation from TCEQ for the proposed on-site sewage disposal system; 3)Provide a copy of all-necessary permits and documentation from TXDOT allowing for drainage and utility construction in their right-of- way and under the existing overhead lines; 4)Submission of written confirmation from TXU that all uses as proposed on the site plan are permissible within their easement. Councilmember Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 14.Consider approval of the Freeport North, Lot 3CR, Quill Corporation, Site Plan Amendment, to allow the construction of a 33,000-square-foot building addition to the rear of the existing 146,000-square-foot office/warehouse building, providing for the extension of the fire lane and additional landscaping, on 9.5 acres of property located at 440 S. Royal Lane. Action: Matt Steer, City Planner, made a presentation to the Council. ag080806 Page 8 of 12 ITEM # ITEM DESCRIPTION Action: Councilmember Franklin moved to approve the Freeport North, Lot 3CR, Quill Corporation, Site Plan Amendment, to allow the construction of a 33,000-square-foot building addition to the rear of the existing 146,000- square-foot office/warehouse building, providing for the extension of the fire lane and additional landscaping, on 9.5 acres of property located at 440 S. Royal Lane. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 15.PUBLIC HEARING: Consider approval of the Freeport North, Lot 3CR, Quill Corporation, Replat, to extend the fire lane and establish additional utility easements to allow the construction of a 33,000-square-foot building addition to the rear of the existing 146,000-square-foot office/warehouse building, on 9.5 acres of property, located at 440 S. Royal Lane. Presentation: Matt Steer, City Planner, made a presentation to the Council. Greg Daspit, Applicant, indicated he was available for any questions. Public Hearing: 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 the Freeport North, Lot 3CR, Quill Corporation, Replat, to extend the fire lane and establish additional utility easements to allow the construction of a 33,000-square-foot building addition to the rear of the existing 146,000-square-foot office/warehouse building, on 9.5 acres of property, located at 440 S. Royal Lane; subject to the following conditions: 1)Additional comments may be generated at the time of final engineering review; ag080806 Page 9 of 12 ITEM # ITEM DESCRIPTION 2)A Construction Development Permit will be required. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 16.Consider authorization to close Bethel Road (between Loch Lane and Coppell Road North) for the construction of a portion of the Bethel Road project. Presentation: Ken Griffin, Director of Engineering and Public Works, made a presentation to the Council. Action: Councilmember Peters moved to approve the closing of Bethel Road (between Loch Lane and Coppell Road North) for the construction of a portion of the Bethel Road project subject to the condition that the City Engineer be able to provide incentives for early completion of this portion of the project. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 17.Necessary action resulting from Work Session. There was no action necessary under this item. Councilmember Peters exited the Council Chambers at this time. 18.Mayor and Council Reports. A.Report by Mayor Stover regarding Metroplex Mayors’ Meeting. B.Report by Mayor Stover regarding National Night Out. C.Report by Councilmember Tunnell regarding New Teacher Breakfast. ag080806 Page 10 of 12 ITEM # ITEM DESCRIPTION A.Mayor Stover reported that traffic and rapid transit was discussed at the Metroplex Mayors’ Meeting. B.Mayor Stover thanked all the Councilmembers who participated, the Police Department and the community on the National Night Out event and reported that the city had 42 block parties. He also congratulated the Fire Department on their win of the softball game. C.Councilmember Tunnell reported that CISD had hired more than 200 people for the coming year. Councilmember Peters returned to the Council Chambers at this time. 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 change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045-107; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3,; and CB Parkway Business Center, et al vs. City of Coppell, et al.; and City of Dallas vs. Douglas Stover, et al in the 191st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101st District Court. 2.Provide Legal Advice concerning Regulations for Alcoholic Beverages. B.Section 551.087, Texas Government Code – Economic Development Negotiations. 1.Economic Development Prospects on the west side of Coppell. Mayor Stover reconvened into Executive Session at 8:28 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 11:19 p.m. and reopened the Regular Session. ag080806 Page 11 of 12 ITEM ## ITEM DESCRIPTION REGULAR SESSION (Open to the Public) 19. Necessary Action Resulting from Executive SessioD. Action: Councilmember Peters moved to ratify and approve an agreement with Robert Luna and Associates as special legal counsel for the City of Coppell, on an as-needed basis, and authorize the City Manager to approve and execute said contract. Councilmember Hinojosa-Flores seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. There being no further business to com was adjourned. e the City Council, the meeting ATTEST: r;It!-: irf l6a }~ ibby B ,City Secretary ag080806 Page 12 of 12 .