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CM 2007-09-11 MINUTES OF SEPTEMBER 11, 2007 The City Council of the City of Coppell met in Regular Called Session on Tuesday, September 11, 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 Brianna Hinojosa-Flores, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Billy Faught, Councilmember Bill York, Councilmember Councilmembers Tunnell and Franklin were 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 191st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101st District Court. 2.Regulation of Group Homes. cm091107 Page 1 of 18 B.Section 551.087, Texas Government Code – Economic Development Negotiations. 1.ED Prospects West of Beltline/Denton Tap and south of Bethel Road. Mayor Stover convened into Executive Session at 5:45 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 6:34 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3.Convene Work Session A.Discussion regarding proposal from Oncor Electric Delivery for the installation of street lights in the median of Parkway Boulevard from Graham Drive west to North Coppell Road. B.Discussion regarding the naming of the proposed Grapevine Springs Senior/Community Center. C.Discussion regarding Board/Commission Appointments. D.Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4.Convene Regular Session. 5.Invocation. Pastor Dale Patterson of Hackberry Creek Church led those present in the Invocation. 6.Pledge of Allegiance with the Color Guard presented by the Coppell Fire Department. The Color Guard was presented by the Coppell Fire Department in memory of 9/11/01 and the Pledge of Allegiance was led by Mayor Stover. 7.Consider approval of a proclamation naming the week of September 17 through 23, 2007 as CONSTITUTION WEEK, and authorizing the Mayor to sign. cm091107 Page 2 of 18 Presentation: Mayor Stover read the Proclamation for the record and presented the same to Reba Park and Sue Riddle. Action: Councilmember Peters moved to approve a proclamation naming the week of September 17 through 23, 2007 as CONSTITUTION WEEK, and authorizing the Mayor to sign. Councilmember Faught seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Faught and York voting in favor of the motion. 8.Citizens' Appearances. A.Thomas Burrows, 138 Wynnpage, spoke to Council regarding mineral rights; garbage and trash around the city. CONSENT AGENDA 9.Consider approval of the following consent agenda items: A.Consider approval of minutes: August 28, 2007. B.Consider approval of a Resolution amending Resolution No. 010996.3, as heretofore amended, with regard to zoning fees, library fees, engineering fees and recreational fees and authorizing the Mayor to sign. C.Consider approval of awarding bid #RFP0089-City of Coppell Medical Plan Stop Loss Insurance to Aetna Signature Administrators in the amount of $311,285.00 and authorizing the City Manager to sign. D.Consider approval of a professional services agreement with Fiserv Health Services to provide third party health claim administration for the City of Coppell Health Benefit Plan in the cm091107 Page 3 of 18 amount of $132,552.00 and authorizing the City Manager to sign. E.Consider approval of an Ordinance for Case No. PD-228-HC, Vista Ridge Retail, zoning change from HC (Highway Commercial) to PD-228-HC (Planned Development-228- Highway Commercial) to establish a Concept Plan for retail and restaurant uses on 14.8 acres of property, and to attach a Detail Site Plan to allow the development of a grocery store with restaurant, convenience store with fuel sales & drive-through and retail uses on approximately 11 acres of property, located at the northeast corner of S.H. 121 and Denton Tap Road, and authorizing the Mayor to sign. F.Consider approval of an Ordinance for Case No. PD-229-LI Minyard Addition (KTR Capital), zoning change from LI (Light Industrial) to PD-229-LI (Planned Development-229-Light Industrial) to allow the retention and expansion of the existing office/warehouse and office buildings and to allow the construction of four office/warehouse buildings, totaling approximately 503,250-square-feet on 79.53 acres of property, located at the southwest corner of Freeport Parkway and Bethel Road, and authorizing the Mayor to sign. G.Consider approval of an Ordinance of the City of Coppell ordering a Special Election to be held on November 6, 2007 to consider the adoption of one-fourth of one percent sales and use tax to provide revenue for maintenance and repair of municipal streets; and, to consider the creation of a Crime Control and Prevention District and the adoption of one-fourth of one percent sales and use tax for crime reduction programs; providing for the publication and posting of notice; authorizing the City Manager to execute an Election Agreement and Election Services Contract with Denton County Elections Department; and authorizing the Mayor to sign the ordinance. cm091107 Page 4 of 18 Action: Councilmember Faught moved to approve Consent Agenda Items A, B carrying Resolution No. 2007-0911.1, C, D, E carrying Ordinance No. 91500-A-482, F carrying Ordinance No. 91500-A-481 and G carrying Ordinance No. 2007-1179. Councilmember York seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Faught and York voting in favor of the motion. 10.Consider approval of an Ordinance authorizing the issuance of City of Coppell, Texas Combination Tax and Revenue Certificates of Obligation, Series 2007 in the amount of $9,100,000, making provisions for the security thereof, and ordaining other matters relating to the subject and authorizing the Mayor to sign. Presentation: Boyd London with First Southwest made a presentation to the Council. Action: approve Ordinance No. 2007-1180 Councilmember York moved to authorizing the issuance of City of Coppell, Texas Combination Tax and Revenue Certificates of Obligation, Series 2007 in the amount of $9,100,000, making provisions for the security thereof, and ordaining other matters relating to the subject and authorizing the Mayor to sign. Councilmember Peters seconde d the motion; the motion carried 5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Faught and York voting in favor of the motion. 11.PUBLIC HEARING: Consider approval of the Amberpoint Business Park at Coppell, Lot 2R-1R and Lot 2R-3, Block A, Replat, being a replat of 55.69 acres of property into two lots, Lot 2R-1R, containing 36.66 acres and Lot 2R- 3 containing 19.36 acres, allow for separate ownership, on property located at the southeast corner of Sandy Lake Road and Northpoint Drive. cm091107 Page 5 of 18 Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Brandon Luedke, representing the Applicant, indicated he was available for questions. 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 the Amberpoint Business Park at Coppell, Lot 2R-1R and Lot 2R-3, Block A, Replat, being a replat of 55.69 acres of property into two lots, Lot 2R-1R, containing 36.66 acres and Lot 2R-3 containing 19.36 acres, allow for separate ownership, on property located at the southeast corner of Sandy Lake Road and Northpoint Drive. Councilmember Peters seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Faught and York voting in favor of the motion. 12.Consider approval of the Pecan Creek Addition, Lots 1 & 2, Minor Plat, to subdivide this property into two (2) lots, Lot 1 containing 1.88 acres and Lot 2 containing 2.49 acres to allow for separate ownerships, on 4.376 acres of property located on the east side of S. Denton Tap Road, north of the DART R.O.W. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Cabanne Link, representing the Applicant, addressed Council. Action: Councilmember Faught moved to approve the Pecan Creek Addition, Lots 1 & 2, Minor Plat, to subdivide this property into two (2) lots, Lot 1 cm091107 Page 6 of 18 containing 1.88 acres and Lot 2 containing 2.49 acres to allow for separate ownerships, on 4.376 acres of property located on the east side of S. Denton Tap Road, north of the DART R.O.W. Mayor Pro Tem Hinojosa-Flores seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Faught and York voting in favor of the motion. 13.PUBLIC HEARING: Consider approval of Case No. PD-108R9-SF-9, The Chateaus of Coppell, a zoning change request from PD-108R7-SF-9 (Planned Development-108R7-Single Family-9) to PD-108R9-SF-9 (Planned Development-108R9-Single Family-9), to attached a Detail Site Plan, to allow the development of 56 single-family homes and common/open space lots on 20 acres of property located at the southwest corner of Bethel and Denton Tap Roads. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Matthew Alexander, representing the Applicant, addressed 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: Item No. 13: Case No. PD-108R9-SF-9, The Chateaus of Coppell, a zoning change request from PD-108R7-SF-9 (Planned Development-108R7-Single Family-9) to PD-108R9-SF-9 (Planned Development-108R9-Single Family-9), to attached a Detail Site Plan, to allow the development of 56 single-family homes and common/open space lots on 20 acres of property cm091107 Page 7 of 18 located at the southwest corner of Bethel and Denton Tap Roads, subject to the following conditions: 1)Revise the note #7 on the detail plan to read as follows: there should be no parking adjacent to lots 1,6,7,14,15 Block C and adjacent to Common Area 6; 2)Tree removal permit is required prior to issuance of a grading permit; 3)Park Development Fees of $1285 per unit required; and 4)Clarification of when “no parking” signs will go up; Item No. 14: The Chateaus of Coppell, Preliminary Plat, to allow the development of 56 single-family homes and common/open space lots on 20 acres of property located at the southwest corner of Bethel and Denton Tap Roads, subject to the following conditions: 1)Include a sidewalk easement within common Lot 1X; 2)Revise notes to reflect notes on the Detail Plan, including the revision to Note #5 on the to read as follows “There shall be no parking adjacent to Lots 1, 6, 7, 14, 15 Block C (east side of Montebello Drive) and adjacent to common area 6X;” 3)Drainage easements must be abandoned by separate instrument; 4)Indicate location of proposed screening wall to assure no conflict with existing sanitary sewer line; 5)Revise “Cottonbelt Railroad” to DART; 6)Adding a disclosure that the plat of property depicted herein is adjacent to a rail line owned by Dallas Area Rapid Transit, and may in the future be utilized as an active transit line; and 7)Clarification of when “no parking” signs will go up; Item No. 15: Granting the Planning & Zoning Commission Final Plat approval authority of The Chateaus of Coppell, to allow the development of 56 single-family homes and common/open space lots on 20 acres of property located at the southwest corner of Bethel and Denton Tap Roads. cm091107 Page 8 of 18 Mayor Pro Tem Hinojosa-Flores seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Faught and York voting in favor of the motion. 14.Consider approval of The Chateaus of Coppell, Preliminary Plat, to allow the development of 56 single-family homes and common/open space lots on 20 acres of property located at the southwest corner of Bethel and Denton Tap Roads. This item was considered with Item 13. See Item 13 for minutes. 15.Consider granting the Planning & Zoning Commission Final Plat approval authority of The Chateaus of Coppell, to allow the development of 56 single-family homes and common/open space lots on 20 acres of property located at the southwest corner of Bethel and Denton Tap Roads. This item was considered with Item 13. See item 13 for minutes. 16.PUBLIC HEARING: Consider approval of Case No. PD-214R3-SF-9, Arbor Manors Phase II, zoning change request from R (Retail) to PD-214R3-SF-9 (Planned Development-214 Revision-3-Single Family-9) to attach a Detail Site Plan to allow the development of two (2) single-family homes, one (1) common area lot and street right-of-way on approximately 0.87 acres of property located north of the Whispering Hills Addition and east of the Georgian Place Addition. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Matthew Alexander, representing the 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. cm091107 Page 9 of 18 Action: Councilmember York moved to close the Public Hearing and approve: Item 16: Case No. PD-214R3-SF-9, Arbor Manors Phase II, zoning change request from R (Retail) to PD-214R3-SF-9 (Planned Development-214 Revision- 3-Single Family-9) to attach a Detail Site Plan to allow the development of two (2) single-family homes, one (1) common area lot and street right- of-way on approximately 0.87 acres of property located north of the Whispering Hills Addition and east of the Georgian Place Addition, subject to the following conditions: 1)Change Condition 5.0 in write up from “Maximum” to “Minimum” Lot Area; and 2)Include graphic example of Exhibit “C” behind legal description in write-up. and Item 17: The Arbor Manors Phase II, Preliminary Plat, to allow the development of two (2) single-family homes, one (1) common area lot and street right-of- way on approximately 0.87 acres of property located north of the Whispering Hills Addition and east of the Georgian Place Addition. Councilmember Peters seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Faught and York voting in favor of the motion. Consider approval of the Arbor Manors Phase II, Preliminary Plat, to 17. allow the development of two (2) single-family homes, one (1) common area lot and street right-of-way on approximately 0.87 acres of property located north of the Whispering Hills Addition and east of the Georgian Place Addition. This item was considered with Item 16. See Item 16 for minutes. cm091107 Page 10 of 18 18.PUBLIC HEARING: Consider approval of the Arbor Manors, Replat, to allow the development of 73 single-family homes and 10 common area lots on approximately 25.15 acres of property located south of Sandy Lake Road; and west of Denton Tap Road. 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 Brancheau moved to close the Public Hearing and approve the Arbor Manors, Replat, to allow the development of 73 single-family homes and 10 common area lots on approximately 25.15 acres of property located south of Sandy Lake Road; and west of Denton Tap Road; subject to the following conditions: 1)Changing references on all exhibits from existing PD-SF-7/C to PD- SF-9/C; 2)Note that access easement through Lot 10X will be constructed by this development; and 3)Need copy of Letter of Intent indicating the GTE is agreeable to selling property for Arbor Manors, Phase Two. Mayor Pro Tem Hinojosa-Flores seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Faught and York voting in favor of the motion. 19.Consider approval of an Ordinance approving and adopting the budget for the City of Coppell for the Fiscal Year of October 1, 2007 through September 30, 2008, and authorizing the Mayor to sign. cm091107 Page 11 of 18 Presentation: City Manager Jim Witt made a presentation to the Council. Jennifer Miller, Finance Director, made a presentation to the Council. Action: Mayor Pro Tem Hinojosa-Flores moved to approve Ordinance No. 2007- 1181 approving and adopting the budget for the City of Coppell for the Fiscal Year of October 1, 2007 through September 30, 2008, and authorizing the Mayor to sign. Councilmember Brancheau seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Faught and York voting in favor of the motion. 20.Consider the approval of the property tax revenue increase as reflected in the 2007-2008 Annual Budget. Presentation: Jennifer Miller, Finance Director, made a presentation to the Council. Action: Councilmember Brancheau moved to adopt a budget that requires raising more revenue from property taxes than the previous year and to ratify the tax increase reflected in the budget. Councilmember Peters seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Faught and York voting in favor of the motion. 21.Consider approval of an Ordinance of the City of Coppell, Texas levying the ad valorem taxes for the year 2007 at .64146/$100 per valuation of which .47616 for operations and maintenance and .16530 for interest and sinking, and authorizing the Mayor to sign. Presentation: Jennifer Miller, Finance Director, made a presentation to the Council. cm091107 Page 12 of 18 Action: Councilmember Faught moved to approve Ordinance No. 2007-1182 levying the ad valorem taxes for the year 2007 at .64146/$100 per valuation of which .47616 for operations and maintenance and .16530 for interest and sinking, and authorizing the Mayor to sign. Councilmember Peters seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Faught and York voting in favor of the motion. 22.Consider approval of a Resolution denying the request by Atmos Energy Corporation to implement an annual gas reliability infrastructure program rate increase for the fourth consecutive year, providing notice hereof to said company, and authorizing the Mayor to sign. Presentation: City Manager Jim Witt made a presentation to the Council. Action: Councilmember Brancheau moved to approve Resolution No. 2007-0911.2 denying the request by Atmos Energy Corporation to implement an annual gas reliability infrastructure program rate increase for the fourth consecutive year, providing notice hereof to said company, and authorizing the Mayor to sign. Councilmember Peters seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Faught and York voting in favor of the motion. 23.Consider approval of a Pro Rata Agreement for the 8" water line along SH 121 and Highland Drive to serve the Vista Ridge Retail development between City of Coppell and JDB Coppell Village Plaza- Commercial, L.P. ; and authorizing the City Manager to sign. Presentation: Ken Griffin, Director of Engineering and Public Works, made a presentation to the Council. cm091107 Page 13 of 18 Action: Councilmember York moved to approve a Pro Rata Agreement for the 8" water line along SH 121 and Highland Drive to serve the Vista Ridge Retail development between City of Coppell and JDB Coppell Village Plaza-Commercial, L.P.; and authorizing the City Manager to sign. Councilmember Faught seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Faught and York voting in favor of the motion. 24.Consider appointments to the City's Boards/Commissions/Committees. Presentation: Mayor Stover read the proposed slate as follows: American Red Cross: 3-year Regular Ron Carpenter Animal Services Advisory & Appeals Board: 2-year Regular Tressa Broadhead 2-year Alternate Tom Sawyer Board of Adjustment: 2-year Regular Don Perschbacher John Hoppie 2-year Alternate Harold Copher, Jr. Virginia Harn cm091107 Page 14 of 18 Conduct Review Board: 2-year Regular Shannon Chambless Alicia Guadarrama Virginia Harn Barbara Piels Linda Pilone Marie Reed Venky Venkatraman James Walker April Terry Coppell Economic Development Committee: 2-year Regular Amanda O’Neal Eric Hansen Matt Hall Dornell Reese Coppell Education Development Committee: 2-year Regular Bill Elieson Marilyn Kibler David Caviness Jeff Kreisberg Keep Coppell Beautiful Board: 2-year Regular Thomas Hudon Mary Karish Angie Huff Carole Gayler Keep Coppell Beautiful Board (Youth Advisors): 1-year Student Regular Geetika Rao James Halpin cm091107 Page 15 of 18 Library Board: 2-year Regular Mahesh Guduru Eric Ratliff Jennifer Johnson 2-year Alternate Nancy Maurer Library Board (Youth Advisors): 1-year Student Regular Paul Chung Whitney Sun Parks and Recreation Board (Youth Advisors): 1-year Student Regular Anthony Ho Robert Lamilla Planning and Zoning Commission: 2-year Regular Eddie Haas Charles Sangerhausen Robert Shipley David Shute Special Counsel: 2-year Regular Mike Ramirez April Terry Thomas Trahan James Walker Action: Councilmember Peters moved to approve the appointments as read. Councilmember York seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught, Franklin and York voting in favor of the motion. cm091107 Page 16 of 18 25.City Manager's Report. A.Council meeting schedule for November/December. B.Joint Meetings with the Planning & Zoning Commission, Economic Development Committee and Park & Recreation Board. C.Water Tower Painting & Logo. A/B City Manager Jim Witt recommended canceling the second meeting in December since it would fall on Christmas Day. He suggested thth utilizing the October 30 and November 27 dates to meet with various advisory boards in a Work-Session format. C.City Manager Jim Witt stated he was re-evaluating the painting of the water tower and city logo and will present alternatives for council consideration in the future. 26.Mayor and Council Reports. A.Report by Mayor Stover regarding Metroplex Mayors’ Meeting. B.Report by Mayor Stover regarding Coppell Women’s Club Luncheon. C.Report by Mayor Stover regarding Susan G. Komen “Dig for the Cure” volleyball event September 21st. A.City Manager Jim Witt attended the Metroplex Mayors’ Meeting where the Public Employee Benefit Alliance gave a general report. The new director for the North Texas Transportation Association was onsite and discussed transportation issues. B.Mayor Stover advised he was invited to speak at the Coppell Women’s Club Luncheon where he presented updates on the half- cent sales tax election, Market Street, the cemetery and Old Town Coppell. C.Mayor Stover reminded the community of the “Dig for a Cure” st fundraising event that will be held on September 21. The Coppell High School Volleyball Team will be holding a “Pink Out” in honor of former Mayor Candy Sheehan’s fight against breast cancer. cm091107 Page 17 of 18 27. Necessary action resulting from Work Session. Action: Councilmember Peters moved to instruct the City Manager to bring forward a contract with Oncor Electric Delivery for the installation of street lights in the median of Parkway Boulevard from Graham Drive to Coppell Road North, and in the median of MacArthur Boulevard from Sandy Lake Road to Condor. Mayor Pro Tem Hinojosa-Flores seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Faught and York voting in favor of the motion. 28. Necessary action resulting from Executive Session. There was no action necessary under this item. There being no further business to come before the City Council, the meeting was adjourned. [' ATTEST: cm091107 Page 18 of 18