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CM 2007-01-09 MINUTES OF JANUARY 9, 2007 The City Council of the City of Coppell met in Regular Called Session on Tuesday, January 9, 2007, 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 Marvin Franklin, Councilmember Bill York, Councilmember Councilmember Tunnell was absent from the meeting. 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 191 st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101 District Court. st B. Section 551.072, Texas Government Code – Deliberation regarding Real Property. 1. Sale of property south of Bethel and west of Coppell Road. cm010907 Page 1 of 20 ITEM # ITEM DESCRIPTION C. Section 551.074, Texas Government Code - Personnel Matters. 1. Deputy City Manager Evaluation. Mayor Stover convened into Executive Session at 5:45 p.m. as allowed under the above-stated article. Mayor Stover recessed the Executive Session at 6:42 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding proposed Natural Gas Drilling Ordinance and related items. B. Update on Visionary and Strategic Work Effort. C. Discussion regarding March Council meetings. D. Discussion regarding Legislative Agenda. E. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Councilmember York led those present in the Invocation. 6. Pledge of Allegiance. Chris Marshall led those present in the Pledge of Allegiance. 7. Presentation to the City Council of the "Target National Night Out 2006 Award" from the Coppell Police Department for being selected as the best program in Category #4 during National Night Out 2006. ag010907 Page 2 of 20 ITEM # ITEM DESCRIPTION Presentation: Officer R. J. Harr unveiled the trophy the City received for its National Night Out participation and presented the same to Mayor Stover and the City Council. 8. Presentation recognizing Boy Scouts that have completed Eagle Projects in the Coppell Parks. Presentation: Mayor Stover recognized the Scouts who were present for their Eagle Scout projects and presented them with Certificates of Appreciation. 9. Consider approval of a proclamation honoring Collin County Judge Ron Harris for his years of public service in commitment to regional priorities, and authorizing the Mayor to sign. Action: Councilmember Peters moved to approve a proclamation honoring Collin County Judge Ron Harris for his years of public service in commitment to regional priorities, and authorizing the Mayor to sign. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. 10. Consider approval of a proclamation naming the month of January 2007 as School Board Appreciation Month, and authorizing the Mayor to sign. Presentation: Mayor Stover read the Proclamation for the record and presented the same to members of the Coppell Independent School District, Carrollton/Farmers Branch Independent School District and Lewisville Independent School District. ag010907 Page 3 of 20 ITEM # ITEM DESCRIPTION Action: Mayor Pro Tem Faught moved to approve a proclamation naming the month of January 2007 as School Board Appreciation Month, and authorizing the Mayor to sign. Councilmember Peters seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. 11. Consider approval of a proclamation naming January 10, 2007 Matthew Lasky Appreciation Day, and authorizing the Mayor to sign. This item was considered after Item 24. Presentation: Mayor Stover read the Proclamation for the record and presented the same to Matthew Lasky. Action: Councilmember Peters moved to approve a proclamation naming January 10, 2007 Matthew Lasky Appreciation Day, and authorizing the Mayor to sign. Mayor Pro Tem Faught seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. 12. Citizens' Appearances. A. David Cary, 302 Hampton Court, spoke to Council regarding the gymnasts at Everybody Fits and Texas Dreams. CONSENT AGENDA 13. Consider approval of the following consent agenda items: A. Consider approval of minutes: December 12, 2006. ag010907 Page 4 of 20 ITEM # ITEM DESCRIPTION B. Consider approval of a grant between the city of Coppell, the Coppell Education Development Corporation, and the Lewisville Independent School District for technology at Durham Middle School in the amount of $8,872.00, and authorizing the City Manager to sign. C. Consider approval of a grant between the city of Coppell, the Coppell Education Development Corporation, and the Lewisville Independent School District for technology at Killough High School-North in the amount of $7,675.00, and authorizing the City Manager to sign. D. Consider approval of a grant between the city of Coppell, the Coppell Education Development Corporation, and the Lewisville Independent School District for technology at Lewisville High School in the amount of $9,917.00, and authorizing the City Manager to sign. E. Consider approval of a grant between the city of Coppell, the Coppell Education Development Corporation, and the Lewisville Independent School District for books and supporting technology at Rockbrook Elementary School in the amount of $41,193.00, and authorizing the City Manager to sign. F. Consider approval of a Resolution amending the Bylaws of the Recreation Development Corporation to approve the use of 4b proceed funds for the maintenance and operation of the Coppell Aquatic and Recreation Center, Wagon Wheel Park and the Coppell Hike and Bike Trail System; and authorizing the Mayor to sign. G. Consider approval of an Ordinance for Case No. ZC-620, the Duke Lesley Addition, zoning change request from A (Agriculture) to LI (Light Industrial) on Block A, containing 111.6 acres of property and HC (Highway Commercial) on Blocks B and C, containing 72.9 acres of property, to allow the development of mixed uses, including retail, office, hotel and light industrial (office/warehouse) on a total of 184.5 acres of property ag010907 Page 5 of 20 ITEM # ITEM DESCRIPTION located at the northwest corner of IH-635 and Beltline Road and authorizing the Mayor to sign. Action: Councilmember Peters moved to approve Consent Agenda Items A, B, C, D, E, F carrying Resolution No. 2007-0109.1 and G carrying Ordinance No. 91500-A-448. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. 14. PUBLIC HEARING: Consider approval of a Resolution granting a variance of one hundred (100') feet to Good Spirits #4115 (Albertsons) from the 300-foot prohibited requirement under Ordinance No. 2006-1143, Article 6-16, Section 6-16-2 of the Code of Ordinances, to a business selling or offering for sale alcoholic beverages, with a business address being 110 Sandy Lake Road; and authorizing the Mayor to sign. Presentation: City Manager Jim Witt made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that John Bain had signed up to speak on this proposal. Mr. Bain was not present when called upon to speak. Action: Councilmember York moved to close the Public Hearing and approve Resolution No. 2007-0109.2 granting a variance of one hundred (100') feet to Good Spirits #4115 (Albertsons) from the 300-foot prohibited requirement under Ordinance No. 2006-1143, Article 6-16, Section 6-16- 2 of the Code of Ordinances, to a business selling or offering for sale alcoholic beverages, with a business address being 110 Sandy Lake Road; and authorizing the Mayor to sign. Mayor Pro Tem Faught seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. ag010907 Page 6 of 20 ITEM # ITEM DESCRIPTION 15. PUBLIC HEARING: Consider approval of a Resolution granting a variance of two hundred (200') feet to Kroger #448 from the 300-foot prohibited requirement under Ordinance No. 2006-1143, Article 6-16, Section 6-16-2 of the Code of Ordinances, to a business selling or offering for sale alcoholic beverages, with a business address being 950 E. Sandy Lake Road; and authorizing the Mayor to sign. Presentation: City Manager Jim Witt 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. Action: Councilmember Peters moved to close the Public Hearing and approve Resolution No. 2007-0109.3 granting a variance of two hundred (200') feet to Kroger #448 from the 300-foot prohibited requirement under Ordinance No. 2006-1143, Article 6-16, Section 6-16-2 of the Code of Ordinances, to a business selling or offering for sale alcoholic beverages, with a business address being 950 E. Sandy Lake Road; and authorizing the Mayor to sign. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. 16. PUBLIC HEARING: Consider approval of a Resolution granting a variance of one hundred fifty (150') feet to Speedy K Mart from the 300-foot prohibited requirement under Ordinance No. 2006-1143, Article 6-16, Section 6-16-2 of the Code of Ordinances, to a business selling or offering for sale alcoholic beverages, with a business address being 600 E. Sandy Lake Road, Suite 100; and authorizing the Mayor to sign. Presentation: City Manager Jim Witt made a presentation to the Council. ag010907 Page 7 of 20 ITEM # ITEM DESCRIPTION Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Mayor Pro Tem Faught moved to close the Public Hearing and approve Resolution No. 2007-0109.4 granting a variance of one hundred fifty (150') feet to Speedy K Mart from the 300-foot prohibited requirement under Ordinance No. 2006-1143, Article 6-16, Section 6-16-2 of the Code of Ordinances, to a business selling or offering for sale alcoholic beverages, with a business address being 600 E. Sandy Lake Road, Suite 100; and authorizing the Mayor to sign. Councilmember Hinojosa-Flores seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. 17. PUBLIC HEARING: Consider approval of a Resolution granting a variance of one hundred (100') feet to Tom Thumb #2588 from the 300-foot prohibited requirement under Ordinance No. 2006-1143, Article 6-16, Section 6-16-2 of the Code of Ordinances, to a business selling or offering for sale alcoholic beverages, with a business address being 820 S. MacArthur; and authorizing the Mayor to sign. Presentation: City Manager Jim Witt 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. Action: Councilmember Brancheau moved to close the Public Hearing and approve Resolution No. 2007-0109.5 granting a variance of one hundred (100') feet to Tom Thumb #2588 from the 300-foot prohibited requirement under Ordinance No. 2006-1143, Article 6-16, Section 6-16- 2 of the Code of Ordinances, to a business selling or offering for sale ag010907 Page 8 of 20 ITEM # ITEM DESCRIPTION alcoholic beverages, with a business address being 820 S. MacArthur; and authorizing the Mayor to sign. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. 18. PUBLIC HEARING: Consider approval of Case No. PD-213R-H, Coppell Commons, zoning change request from H (Historic) to PD-213R-H (Planned Development-213 Revised-Historic) with a Concept Site Plan, to allow the development of 39 townhouse units, recreation, open space and common areas on 5.561 acres of property located along the east side of Coppell Road, approximately 210 feet north of Bethel Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Jason Marshall, representing the Applicant, made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and called on those persons who signed up to speak on this proposal. 1) B. J. Lovelace, 549 Anderson, spoke against the proposal; 2) Andrew Felder, 518 Mobley Way, spoke against the proposal. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Stover convened into Executive Session at 8:20 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 8:23 p.m. and opened the Regular Session. ag010907 Page 9 of 20 ITEM # ITEM DESCRIPTION REGULAR SESSION (Open to the Public) Action: Councilmember Peters moved to close the Public Hearing. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. Councilmember York moved to approve Case No. PD-213R-H, Coppell Commons, zoning change request from H (Historic) to PD-213R-H (Planned Development-213 Revised-Historic) with a Concept Site Plan, to allow the development of 39 townhouse units, recreation, open space and common areas on 5.561 acres of property located along the east side of Coppell Road, approximately 210 feet north of Bethel Road. Councilmember Franklin seconded the motion; the motion failed 0-6 with no one voting in favor of the motion and Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting against the motion. 19. PUBLIC HEARING: Consider approval of Case No. PD-218-LI, Shake and Shingle, to allow for the recognition of the existing uses on the southern portion of the property and the construction of four 14,420- square-foot office/warehouse buildings on the northern portion of this 10.2 acre tract of land located on the north side of Beltline Road, approximately 350 feet east of North Lake Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Kathy Ingle, Applicant, addressed questions from 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-218-LI, Shake and Shingle, to allow for the recognition of ag010907 Page 10 of 20 ITEM # ITEM DESCRIPTION the existing uses on the southern portion of the property and the construction of four 14,420-square-foot office/warehouse buildings on the northern portion of this 10.2 acre tract of land located on the north side of Beltline Road, approximately 350 feet east of North Lake Drive; subject to the following condition: 1) A tree removal permit will be required prior to the removal of any trees from this site. Mayor Pro Tem Faught seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. 20. PUBLIC HEARING: Consider approval of the Shake and Shingle Addition, Lot 1R, Block A, Replat, being a replat of Tract 1 of the Shake and Shingle Addition, to establish various easements and fire lanes to allow the construction of four 14,420-square-foot office/warehouse buildings on the northern portion of this 10.2 acre tract of land located along the north side of Beltline Road, approximately 350 feet east of North Lake Drive. Presentation: Gary Sieb, Director of Planning, 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. Action: Councilmember York moved to close the Public Hearing and approve Shake and Shingle Addition, Lot 1R, Block A, Replat, being a replat of Tract 1 of the Shake and Shingle Addition, to establish various easements and fire lanes to allow the construction of four 14,420-square- foot office/warehouse buildings on the northern portion of this 10.2 acre tract of land located along the north side of Beltline Road, approximately 350 feet east of North Lake Drive; subject to the following condition: 1) Additional comments may be generated upon detailed engineering review. ag010907 Page 11 of 20 ITEM # ITEM DESCRIPTION Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. 21. PUBLIC HEARING: Consider approval of Case No. ZC-621-H(CH), a Planning and Zoning Commission called Public Hearing, to amend the Land Use Plan designation from Light Industrial/Showroom to Historic and further to rezone from LI (Light Industrial) to H (Historic) on approximately 17.2 acres of property located along the east side of Hammond Street, north of Burns, being a portion of the property commonly referred to as the Carter Crowley Tract. Presentation: Gary Sieb, Director of Planning, 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. Action: Councilmember Franklin moved to close the Public Hearing and approve Case No. ZC-621-H(CH), a Planning and Zoning Commission called Public Hearing, to amend the Land Use Plan designation from Light Industrial/Showroom to Historic and further to rezone from LI (Light Industrial) to H (Historic) on approximately 17.2 acres of property located along the east side of Hammond Street, north of Burns, being a portion of the property commonly referred to as the Carter Crowley Tract. Councilmember Hinojosa-Flores seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. 22. PUBLIC HEARING: Consider approval of the Amberpoint Business Park at Coppell, Lot 2R-1 and Lot 2R-2X, Replat, being a replat of 64.29 acres of property into two lots, Lot 2R-2X, containing 8.6 acres (drainage area), and Lot 2R-1, containing 55.69 acres ag010907 Page 12 of 20 ITEM # ITEM DESCRIPTION (office/warehouse), located at the southwest corner of Sandy Lake Road and Freeport Parkway. Presentation: Gary Sieb, Director of Planning, 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. Action: Councilmember Peters moved to close the Public Hearing and approve the Amberpoint Business Park at Coppell, Lot 2R-1 and Lot 2R-2X, Replat, being a replat of 64.29 acres of property into two lots, Lot 2R-2X, containing 8.6 acres (drainage area), and Lot 2R-1, containing 55.69 acres (office/warehouse), located at the southwest corner of Sandy Lake Road and Freeport Parkway. Councilmember York seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. 23. Consider approval of the Gateway Business Park No. 3, Lots 1 and 2, Block A, Site Plan, to allow the construction of an 114,810-square-foot, two-story office building on Lot 1, containing 9.49 acres of property, and an 110,560-square-foot, two-story office building on Lot 2, containing 8.60 acres of land on property, located at the north corner of IH-635 and Freeport Parkway. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Rick Nelson, Applicant, addressed the Council. Action: Councilmember Hinojosa-Flores moved to approve the Gateway Business Park No. 3, Lots 1 and 2, Block A, Site Plan, to allow the construction of an 114,810-square-foot, two-story office building on Lot 1, containing ag010907 Page 13 of 20 ITEM # ITEM DESCRIPTION 9.49 acres of property, and an 110,560-square-foot, two-story office building on Lot 2, containing 8.60 acres of land on property, located at the north corner of IH-635 and Freeport Parkway; subject to the following condition: 1) Submission of a separate instrument designating the 10'-wide strip of land north of the north property line as an off-site landscape easement, subject to approval from Atmos Energy allowing for the planting of ornamental trees within this buffer area. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. 24. PUBLIC HEARING: Consider approval of the Gateway Business Park No. 3, Lots 1 and 2, Block A, Minor Plat and Replat, being a replat Gateway Business Park No. 2, Common Area 1, Block A, containing 0.29 of an acre, and a Minor Plat of approximately 17.8 acres of property, to establish various easements and fire lanes and to allow the construction of two, two-story office buildings on property located at the north corner of IH-635 and Freeport Parkway. Presentation: Gary Sieb, Director of Planning, 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. Action: Mayor Pro Tem Faught moved to close the Public Hearing and approve the Gateway Business Park No. 3, Lots 1 and 2, Block A, Minor Plat and Replat, being a replat Gateway Business Park No. 2, Common Area 1, Block A, containing 0.29 of an acre, and a Minor Plat of approximately 17.8 acres of property, to establish various easements and fire lanes and to allow the construction of two, two-story office buildings on property located at the north corner of IH-635 and Freeport Parkway; subject to the following conditions: ag010907 Page 14 of 20 ITEM # ITEM DESCRIPTION 1) Submission of a separate instrument designating the 10’-wide strip of land north of the north property line as an off-site landscape easement, subject to approval from Atmos Energy allowing for the planting of overstory trees within this buffer area; and 2) The addition of bearings, dimensions and curve data to the fire lane easements. Councilmember Peters seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. Item 11 was considered at this time. See Item 11 for minutes. 25. Consider approval of the Lauth Park Center, Lot 1, Block A, Site Plan, to allow the development of a three-story, 68,350- square-foot medical office on 6.67 acres of property located north and west of the corner of SH 121 and N. Denton Tap Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. David Suarez, Applicant addressed questions of Council. Action: Councilmember Franklin moved to approve: Item 25 Lauth Park Center, Lot 1, Block A, Site Plan, to allow the development of a three-story, 68,350-square-foot medical office on 6.67 acres of property located north and west of the corner of SH 121 and N. Denton Tap Road, subject to the following conditions: 1) A tree removal permit is required prior to the start of construction, and tree retribution in the amount of $51,850 will be due; 2) Comments may be generated upon detailed engineering review; 3) Move proposed transformer shown to north side of proposed building; and ag010907 Page 15 of 20 ITEM # ITEM DESCRIPTION 4) Include brick and stone specifications, with color names, on black and white elevations. AND Item 26 Lauth Park Center, Lots 1 and 2, Block A, Minor Plat, to establish lot lines and various easements; to allow the development of a medical office on Lot 1 containing 6.67 acres of property, and the future development of Highway Commercial uses on Lot 2, containing 5.69 acres of property located at the northwest corner of SH 121 and N. Denton Tap Road, subject to the following conditions: 1) Ensure signature blocks have current year; and nd 2) Compliance with the 2 DRC Report Comments. Councilmember York seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. 26. Consider approval of the Lauth Park Center, Lots 1 and 2, Block A, Minor Plat, to establish lot lines and various easements; to allow the development of a medical office on Lot 1 containing 6.67 acres of property, and the future development of Highway Commercial uses on Lot 2, containing 5.69 acres of property located at the northwest corner of SH 121 and N. Denton Tap Road. This item was considered under Item 25. See Item 25 for minutes. 27. PUBLIC HEARING: Consider approval of a text amendment to the Code of Ordinances, Sec. 12-30-4.1 and 12-30-12.5 Gravel, Sand, Stone or Petroleum Extraction to delete the requirement for a Special Use Permit and further approve the incorporation of Article 9- 26, of the Code of Ordinances “Oil and Gas Drilling and Production,” regulating the drilling and production of oil and gas wells within the City. ag010907 Page 16 of 20 ITEM # ITEM DESCRIPTION Presentation: Marcie Diamond, Assistant Planning Director, made a presentation to the Council. Sandy Jacobs, The Colony, appeared on behalf of Harding Oil. 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 a text amendment to the Code of Ordinances, Sec. 12-30-4.1 and 12-30- 12.5 Gravel, Sand, Stone or Petroleum Extraction to delete the requirement for a Special Use Permit. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. Councilmember York moved to approve Ordinance No. 2007-1150 the incorporation of Article 9-26, of the Code of Ordinances “Oil and Gas Drilling and Production,” regulating the drilling and production of oil and gas wells within the City. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. 28. Consider approval of a Resolution in support of increased funding for the Texas Recreation and Parks Account and the State Park System; and authorizing the Mayor to sign. Presentation: Brad Reid, Director of Parks, made a presentation to the Council. Jane Ann Sellars, Parks/Recreation Manager, made a presentation to the Council. ag010907 Page 17 of 20 ITEM # ITEM DESCRIPTION Action: Mayor Pro Tem Faught moved to approve Resolution No. 2007-0109.6 in support of increased funding for the Texas Recreation and Parks Account and the State Park System; and authorizing the Mayor to sign. Councilmember Hinojosa-Flores seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. 29. Consider approval of a Resolution supporting the Coppell Nature Park Education Center for Wagon Wheel Park in the city of Coppell, Texas; and authorizing the Mayor to sign. Presentation: Brad Reid, Director of Parks, made a presentation to Council. Action: Councilmember Franklin moved to approve Resolution No. 2007-0109.7 supporting the Coppell Nature Park Education Center for Wagon Wheel Park in the city of Coppell, Texas; and authorizing the Mayor to sign. Councilmember Peters seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. Item 31 was considered at this time. See Item 31 for minutes. 30. Consider approval of the 2007 Legislative Agenda. Presentation: City Manager Jim Witt read the items for the record: Local Government Finance, Revenue Appraisal Caps, Sex Offender Legislation, Red Light Cameras, TXU Coal Plant Construction, Regional Transit Initiative, General Regional Transportation Issues, Eminent Domain, Streamline Sales Tax, Law Enforcement, Immigration, Local Government Employee Relations and TRAP Support. ag010907 Page 18 of 20 ITEM # ITEM DESCRIPTION Action: Councilmember York moved to approve the 2007 Legislative Agenda. Councilmember Peters seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. 31. Mayor and Council Reports. A. Report by Mayor Stover regarding Opening of Legislative Session in Austin. B. Report by Mayor Pro Tem Faught regarding Make a Child Smile. C. Report by Mayor Pro Tem Faught regarding Metroplex Mayors’ Meeting. A. Mayor Stover reported on the opening of the Legislative Session which was attended by himself, Mr. Witt, Mr. Phillips, Councilmember York, Councilmember Peters and Councilmember Brancheau. They met with Representative Jackson and Senator Shapiro where they discussed issues for the upcoming session. The general consensus was that it was a very beneficial trip. B. Mayor Pro Tem Faught advised that, once again, Allana Lamberth with the City Secretary’s Office, had done a wonderful job on the Make a Child Smile Program where 88 families consisting of approximately 200 children were delivered over 1,100 gifts. C. Mayor Pro Tem Faught reported on the Metroplex Mayors’ Meeting which he attended with Gary Sieb, Director of Planning. The speaker had been Dennis Wilson, chair for the GDPC First Tier Suburb Task Force, who spoke regarding changes in demographics and the future of our suburbs. WORK SESSION (Open to the Public) Convene Work Session B. Update on Visionary and Strategic Work Effort. D. Discussion regarding Legislative Agenda. ag010907 Page 19 of 20 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) Convene Executive Session C. Section 551.074, Texas Government Code - Personnel Matters. 1. Deputy City Manager Evaluation. Mayor Stover reconvened into Executive Session at 10:39 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 11 :43 p.m. and opened the Regular Session. Item 30 was considered at this time. See Item 30 for minutes. REGULAR SESSION (Open to the Public) 32. Necessary action resulting from Work Session. There was no action necessary under this item. 33. Necessary Action Resulting from Executive Session. Action: Councilmember York moved to approve the evaluation for the Deputy City Manager and a retention agreement to be executed by the City Manager, Mayor and Deputy City Manager. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tern Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. There being no further business to meeting was adjourned. ATTEST: agO 10907 Page 20 of 20