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CM 2007-10-09 MINUTES OF OCTOBER 9, 2007 The City Council of the City of Coppell met in Regular Called Session on Tuesday, October 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 Brianna Hinojosa-Flores, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Marvin Franklin, Councilmember Bill York, Councilmember Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney David Dodd. Call to order. 1. Mayor Stover called the meeting to order, determined that a quorum was present and convened into Executive Session. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session 2. 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.Mira Mar Development Corp. vs City of Coppell Section 551.087, Texas Government Code – Economic B. Development Negotiations. cm100907 Page 1 of 15 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 6:27 p.m. and opened the Work Session. WORK SESSION (Open to the Public) Convene Work Session 3. Presentation regarding Natural Gas Exploration. A. Discussion regarding proposed revisions to Section 6-15-6 B. Temporary On-Premise Signs. Discussion regarding appointments to the Economic C. Development Foundation. Discussion of Agenda Items. D. REGULAR SESSION (Open to the Public) Convene Regular Session. 4. Invocation. 5. Mayor Pro Tem Brianna Hinojosa-Flores led those present in the Invocation. Pledge of Allegiance 6. Mayor Stover led those present in the Pledge of Allegiance. Consider approval of a proclamation proclaiming the week of 7. October 7th through 13th, 2007, as Fire Prevention Week, and authorizing the Mayor to sign. cm100907 Page 2 of 15 Presentation: Mayor Stover read the Proclamation for the record and presented the same to Fire Chief Kevin Richardson and Deputy Fire Chief Tim Oates. Action: Mayor Pro Tem Hinojosa-Flores moved to approve a proclamation proclaiming the week of October 7th through 13th, 2007, as Fire Prevention Week, and authorizing the Mayor to sign. Councilmember York seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught, Franklin and York voting in favor of the motion. Consider approval of a proclamation naming the week of 8. October 15-19, 2007 as Chamber of Commerce Week, and authorizing the Mayor to sign. Presentation: Mayor Stover read the Proclamation for the record and presented the same to Beverly Widner. Action: Councilmember Brancheau moved to approve a proclamation naming the week of October 15-19, 2007 as Chamber of Commerce Week, and authorizing the Mayor to sign. Councilmember Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught, Franklin and York voting in favor of the motion. Citizens' Appearances. 9. A. Thomas Burrows, 138 Wynnpage, spoke to Council regarding city beautification. cm100907 Page 3 of 15 CONSENT AGENDA Consider approval of the following consent agenda items: 10. Consider approval of minutes: September 25, 2007. A. Consider approval of a Resolution suspending the B. proposed rate change of Atmos Energy Corporation, Mid- Tex Division, providing that the rates of said company shall remain unchanged during the period of suspension, providing for notice hereof to said company and authorizing the Mayor to sign. Consider approval of City of Coppell Change Order #5 to C. the Bethel Road Project #ST 99-05 in the amount of $57,767.65 paid for by KTR Coppell Holdings, LLC; and authorizing the City Manager to sign. Consider approval of a contract for the renewal of the D. Dallas County Health Services Agreement, effective October 1, 2007 through September 30, 2008, in the amount of $3,131.00 and authorizing the Mayor to sign. Consider approval of an Ordinance for Case No. PD- E. 108R8-H, The Village at Old Coppell, zoning change from H (Historic), PD-108-H (Planned Development-108- Historic) and PD-108R5-H (Planned Development-108- Revised-5-Historic) to PD-108R8-H (Planned Development-108-Revised-8-Historic) to attach a concept plan for seven lots on approximately 10.4 acres and a detail plan for two 21,050-square- foot two-story retail/hotel buildings on two 1.15 acre lots, a 25,141- square-foot two-story event/conference center on a 2.8 acre lot, and a 7,812-square-foot pet bed/breakfast on a 1.04 acre lot, located along the east side of Coppell Road, approximately 250 feet south of Bethel Road, and authorizing the Mayor to sign. cm100907 Page 4 of 15 Action: Councilmember Peters moved to approve Consent Agenda Items A, B carrying Resolution No. 2007-1009.1, C, D, and E carrying Ordinance No. 91500-A-483. Councilmember Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught, Franklin and York voting in favor of the motion. Consider appointments to the Coppell Economic Development 11. Foundation for a one year term. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to the Council. Action: Councilmember York moved to appoint Bill Rohloff, Gary Roden, Bill Lowery, Dornell Reese and Bradley Snyder to the Coppell Economic . Development Foundation for a one-year termCouncilmember Franklin seconde d the motion; the motion carried 7-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught, Franklin and York voting in favor of the motion. PUBLIC HEARING: 12. Consider approval of Case No. PD-230-O, Riverchase Golf Course, a zoning change request from SF-12 and SUP-1037-A (Single Family-9 and Special Use Permit-1037-A) to PD-230-O (Planned Development-230-Office, for golf course and related uses, and to amend Ordinance 297-A-83 (S-1037.1) to delete condition 2., on approximately 95.5 acres of property located east and west of Riverchase Drive, north Belt Line Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Robert Severs, representing the Applicant, made a presentation to the Council. cm100907 Page 5 of 15 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. PD-230-O, Riverchase Golf Course, a zoning change request from SF-12 and SUP-1037-A (Single Family-9 and Special Use Permit- 1037-A) to PD-230-O (Planned Development-230-Office, for golf course and related uses, and to amend Ordinance 297-A-83 (S-1037.1) to delete condition 2., on approximately 95.5 acres of property located east and west of Riverchase Drive, north Belt Line Road, subject to the following conditions: 1)The development within this Planned Development District shall be limited to the existing development as depicted on Exhibits “B” and “C”: which includes a club house, pro shop and restaurant/grill, golf cart storage building, maintenance building, parking spaces and an 18 hole golf course; 2)Uses listed as permitted in the “O” District (per section 12-20-1 of the Zoning Ordinance) shall be prohibited on this property except for golf course or country club as depicted on exhibits “B” and “C;” and 3) No alcohol sales shall be permitted along the golf cart path located within the rear yards of Lots 1-18, Block A of the River Ridge Addition, which will retain its residential (SF-7) zoning designation. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught, Franklin and York voting in favor of the motion. Consider approval of the Grapevine Springs Community 13. Center, Lots 1 & 2, Block A, Minor Plat, to establish a building site, various easements and fire lane to allow for the development of a 13,560-square-foot Recreation/Community Center on 22.4 acres of property located south of Bethel Road and west of Park Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. cm100907 Page 6 of 15 Jeff Bulla, the Applicant, addressed Council. Action: Councilmember Franklin moved to approve the Coppell Commerce Center, Phase I, Block 1R2, Site Plan Amendment, to allow the development of a fourth office warehouse building, containing 37,800 square-feet on 18.92 acres of property, located along the west side of Hammond Drive, 400 feet south of Bethel Road, subject to the following conditions: 1)Provide screening for any contemplated outside storage on Service Center property; and 2) Label the 10 foot sidewalk/utility easement on the north boundary of the property. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught, Franklin and York voting in favor of the motion. Consider approval of the Coppell Commerce Center, Phase I, 14. Block 1R2, Site Plan Amendment, to allow the development of a fourth office warehouse building, containing 37,800 square- feet on 18.92 acres of property, located along the west side of Hammond Drive, 400 feet south of Bethel Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council on Items 14 and 15. Peter Kessler, representing the Applicant, addressed Council. Public Hearing: Mayor Stover opened the Public Hearing for Item 15, and advised that no one had signed up to speak on this proposal. Action: Councilmember Peters moved to close the Public Hearing on Item 15 and approve: cm100907 Page 7 of 15 Item 14: The Coppell Commerce Center, Phase I, Block 1R2, Site Plan Amendment, to allow the development of a fourth office warehouse building, containing 37,800 square-feet on 18.92 acres of property, located along the west side of Hammond Drive, 400 feet south of Bethel Road; And Item 15: The Coppell Commerce Center, Phase I, Block 1R2, Replat, being a replat of Block 1R of the Coppell Commerce Center Phase I, to establish fire lanes and easements to allow for the fourth office warehouse on 18.92 acres of property, located along the west side of Hammond Drive, 400 feet south of Bethel Road. Councilmember Faught seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught, Franklin and York voting in favor of the motion. PUBLIC HEARING: 15. Consider approval of the Coppell Commerce Center, Phase I, Block 1R2, Replat, being a replat of Block 1R of the Coppell Commerce Center Phase I, to establish fire lanes and easements to allow for the fourth office warehouse on 18.92 acres of property, located along the west side of Hammond Drive, 400 feet south of Bethel Road. This item was considered with Item 14. See Item 14 for minutes. Consider approval of the Freeport North, Lot 5R2, Site Plan 16. Amendment, to allow the construction of a 60,600-square-foot building addition to the rear of the existing 101,000-square- foot office/warehouse building, providing for the reconfiguration of a previously approved expansion on 11.42 acres of property located on the northeast corner of Creekview Drive and Royal Lane at 586 S. Royal Lane. cm100907 Page 8 of 15 Presentation: Gary Sieb, Director of Planning, made a presentation to the Council on Items 16 and 17. Greg Daspit, representing the Applicant, addressed Council. Public Hearing: Mayor Stover opened the Public Hearing for Item 17, and advised that no one had signed up to speak on this proposal. Action: Councilmember Tunnell moved to close the Public Hearing on Item 17 and approve: Item 16: The Freeport North, Lot 5R2, Site Plan Amendment, to allow the construction of a 60,600-square-foot building addition to the rear of the existing 101,000-square-foot office/warehouse building, providing for the reconfiguration of a previously approved expansion on 11.42 acres of property located on the northeast corner of Creekview Drive and Royal Lane at 586 S. Royal Lane, correcting the square footage to 61,600; And Item 17: The Freeport North, Lot 5R2, Replat, to establish property boundaries and fire lane and utility easements to allow the construction of a 60,600- square-foot building addition to the rear of the existing 101,000-square- foot office/warehouse building, on 11.42 acres of property, located on the northeast corner of Creekview Drive and Royal Lane at 586 S. Royal Lane, correcting the square footage to 61,600. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught, Franklin and York voting in favor of the motion. PUBLIC HEARING: 17. Consider approval of the Freeport North, Lot 5R2, Replat, to establish property boundaries and fire lane and utility cm100907 Page 9 of 15 easements to allow the construction of a 60,600-square-foot building addition to the rear of the existing 101,000-square- foot office/warehouse building, on 11.42 acres of property, located on the northeast corner of Creekview Drive and Royal Lane at 586 S. Royal Lane. This item was considered with Item 16. See Item 16 for minutes. PUBLIC HEARING: 18. Consider approval of The Villages of Old Coppell, Lots 1-7, Block A, Final Plat and Replat, being a replat of a portion of Lot 1, Block 1, Coppell Service Center and a final plat of the Village at Old Coppell to establish final property boundaries of the Village at Old Coppell, dedicate right-of-way for Coppell Road and establish fire lane and utility easements to allow for service and retail uses, resulting in the relocation of the Service Center Drive, on approximately ten acres of property located along the east side of Coppell Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Pat Atkins, 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 Franklin moved to close the Public Hearing and approve The Villages of Old Coppell, Lots 1-7, Block A, Final Plat and Replat, being a replat of a portion of Lot 1, Block 1, Coppell Service Center and a final plat of the Village at Old Coppell to establish final property boundaries of the Village at Old Coppell, dedicate right-of-way for Coppell Road and establish fire lane and utility easements to allow for service and retail uses, resulting in the relocation of the Service Center Drive, on approximately ten acres of property located along the east side of Coppell Road, subject to the following conditions: cm100907 Page 10 of 15 1)The 15' utility easement and TXU easement were dedicated by separate instrument; therefore they should be abandoned by separate instrument. (Not by re-plat of Service Center); 2)The vault on the west side of Coppell Road shall be placed on the east side of Coppell Road in a 20'X20' easement outside the paving; and 3)Record the revised Cross Parking and Property Owners Association Agreement. Councilmember Faught seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught, Franklin and York voting in favor of the motion. PUBLIC HEARING: 19. Consider approval of Coppell Service Center, Lot 1R, Block 1, Final Plat and Replat, to relocate the Service Center Drive approximately 340 feet to the south of the current location and to expand the Coppell Service Center boundaries to allow for expansion of service center uses, on 10.87 acres of property located along the east side of Coppell Road, just north of the Dallas Area Rapid Transit right-of-way. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Pat Atkins, 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 the Coppell Service Center, Lot 1R, Block 1, Final Plat and Replat, to relocate the Service Center Drive approximately 340 feet to the south of the current location and to expand the Coppell Service Center boundaries to allow for expansion of service center uses, on 10.87 acres of property located along the east side of Coppell Road, just north of the Dallas Area Rapid Transit right-of-way, subject to the following condition: cm100907 Page 11 of 15 1)The 15' utility easement and TXU easement were dedicated by separate instrument; therefore they should be abandoned by separate instrument. (Not by re-plat of Service Center). Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught, Franklin and York voting in favor of the motion. Consider approval of the Gateway Business Park, Lot 3C-R, 20. Block 2, Site Plan, to allow the development of one office warehouse building, containing 151,825 square-feet on 8.8 acres of property, located on the northeast corner of Gateway Boulevard and Exchange Circle. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. David Meinhardt, representing the Applicant, addressed Council. Action: Councilmember Faught moved to approve the Gateway Business Park, Lot 3C-R, Block 2, Site Plan, to allow the development of one office warehouse building, containing 151,825 square-feet on 8.8 acres of property, located on the northeast corner of Gateway Boulevard and Exchange Circle. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught, Franklin and York voting in favor of the motion. PUBLIC HEARING: 21. Consider approval of the Gateway Business Park, Lot 3C-R, Block 2, Replat, being a replat of Lot 3C, Block 2, of the Gateway Business Park, to establish fire lanes and easements to allow for the development of one office warehouse building on 8.8 acres of property, located on the northeast corner of Gateway Boulevard and Exchange Circle. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. cm100907 Page 12 of 15 Ben Stevens, 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 Tunnell moved to close the Public Hearing and approve the Gateway Business Park, Lot 3C-R, Block 2, Replat, being a replat of Lot 3C, Block 2, of the Gateway Business Park, to establish fire lanes and easements to allow for the development of one office warehouse building on 8.8 acres of property, located on the northeast corner of Gateway Boulevard and Exchange Circle. Mayor Pro Tem Hinojosa- Flores seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hinojosa-Flores, Councilmembers Brancheau, Peters, Tunnell, Faught, Franklin and York voting in favor of the motion Consider approval of a Development Agreement between City 22. of Coppell and CH Realty IV/Bethel, L.P. to construct Creekview Drive from Bethel Road north a distance of 1000 feet (+/-) in conjunction with the construction of Bethel Road and Bethel Business Park, Lot 1 Block A; and authorizing the City Manager to sign. Presentation: Ken Griffin, Director of Engineering, made a presentation to the Council. Action: Councilmember York moved to approve a Development Agreement between City of Coppell and CH Realty IV/Bethel, L.P. to construct Creekview Drive from Bethel Road north a distance of 1000 feet (+/-) in conjunction with the construction of Bethel Road and Bethel Business Park, Lot 1 Block A; and authorizing the City Manager to sign. Councilmember Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught, Franklin and York voting in favor of the motion. cm100907 Page 13 of 15 Consider approval of entering into an Engineering Design 23. contract with GSWW, Inc. for the design of Deforest Road Improvements, Project #ST 05-01, from MacArthur Boulevard to Windsor Estates; for a total maximum fee of $188,106.00; as provided for in CIP Funds; and authorizing the City Manager to sign. Presentation: Ken Griffin, Director of Engineering, made a presentation to the Council. Action: Councilmember Peters moved to approve entering into an Engineering Design contract with GSWW, Inc. for the design of Deforest Road Improvements, Project #ST 05-01, from MacArthur Boulevard to Windsor Estates; for a total maximum fee of $188,106.00; as provided for in CIP Funds; and authorizing the City Manager to sign. Councilmember Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught, Franklin and York voting in favor of the motion. Mayor and Council Reports. 24. Report by Mayor Stover regarding Metroplex Mayors’ A. Meeting. Report by Mayor Stover regarding the Old Town Coppell B. Fall Harvest Festival. A. Mayor Stover and City Manager Jim Witt attended the Metroplex Mayors’ Meeting. The guest speaker was Mark Enoch, Chairman of the Board for DART. He discussed the needs for transportation to accommodate the density of the metroplex in future years. B.Mayor Stover spoke about the Old Town Coppell Fall Harvest th Festival, held on Saturday, October 7. It was well attended and a fun activity. Mayor Stover asked City Manager Jim Witt to announce the details th of the upcoming Oaktober Fest being held on October 20 from 5-10 p.m. at Andy Brown East. There will be 2 live bands, many vendors and no admission charge. cm100907 Page 14 of 15 I I I 25. Necessary action resulting from Work Session. There was no action necessary under this item. 26. Necessary Action Resulting from Executive Session. There was no action necessary under this item. There being no further business to come before meeting was adjourned. ATTEST: ~'13~.I~J' Libby Ball, Ity Secretary ~, L/\ re / City Council, the -- em 1 00907 Page 15 of 15