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CM 2009-10-13 MINUTES OF OCTOBER 13,2009 The City Council of the City of Coppell met in Regular Called Session on Tuesday, October 13, 2009, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Jayne Peters, Mayor Karen Hunt, Mayor Pro Tern Tim Brancheau, Councilmember Bob Mahalik, Councilmember Brianna Hinojosa-Flores, Councilmember (late arrival) Marsha Tunnell, Councilmember (late arrival) Billy Faught, Councilmember Marvin Franklin, Councilmember Also present were City Manager Clay Phillips, City Secretary Libby Ball and City Attorney Robert Hager. 1. Call to order. Mayor Peters 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. Discussion regarding the N orthlake Property / Settlement Agreement. 2. Discussion regarding the status of the Community Center. B. Section 551.087, Texas Government Code - Economic Development Negotiations. 1. ED Prospects south of Bethel Road, west of S. Coppell Road and east of Freeport. 2. ED Prospects south of Bethel Road and west of Royal Lane. 3. Oil and Gas lease north of Ruby Road and south of Sandy Lake Road. C. Section 551.074, Texas Government Code - Personnel Matters. cm101309 Page 1 of 13 1. Discussion regarding the City Manager Evaluation Process. Councilmembers Tunnell and Hinojosa-Flores arrived pnor to convenmg Executive Session. Mayor Peters convened into Executive Session at 5:47 p.m. Mayor Peters recessed the Executive Session at 6:43 p.m. and opened Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding the 08/09 and 09/ 1 0 Work Plans. B. Discussion regarding the Council Budget Calendar for 2010. C. 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. Webelo Troop 849 led those present in the Pledge of Allegiance. 7. Consider approval of a proclamation naming the month of October National Breast Cancer Awareness Month, and authorizing the Mayor to sign. Presentation: Mayor Peters read the Proclamation for the record and presented the same to members of Pink Soles in Motion and the Coppell Fire Department. cm101309 Page 2 of 13 Action: Councilmember Tunnell moved to approve a proclamation naming the month of October National Breast Cancer Awareness Month, and authorizing the Mayor to sign. Councilmember Hinojosa-Flores seconded the motion; the motion carried 7-0 with Mayor Pro Tern Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 8. Consider approval of a proclamation naming the month of November Coppell ISD Education Foundation Month, and authorizing the Mayor to sign. Presentation: Mayor Peters read the Proclamation for the record and presented the same to Dale Hruby. Action: Councilmember Franklin moved to approve a proclamation naming the month of November Coppell ISD Education Foundation Month, and authorizing the Mayor to sign. Mayor Pro Tern Hunt seconded the motion; the motion carried 7-0 with Mayor Pro Tern Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 9. Citizens' Appearances. Mayor Peters advised no one signed up to speak. CONSENT AGENDA 10. Consider approval of the following consent agenda items: A. Consider approval of minutes: September 22, 2009. B. Consider approval of a grant agreement between the City of Coppell, the Coppell Education Development Corporation, cm101309 Page 3 of 13 and the Coppell Independent School District in the amount of $1,103,438.00 for 13 Literacy Intervention support teachers in 2009-2010 and 6 Literacy Intervention support teachers in 2010-2011, and authorizing the City Manager to sign. C. Consider approval of a grant agreement between the City of Coppell, the Coppell Education Development Corporation, and the Coppell Independent School District in the amount of $2,579,515.00 for 23 campus level personnel units and one-half administrative personnel unit in 2009-10 and 25 personnel units in 2010-2011 for Limited English Proficient (LEP) students, and authorizing the City Manager to sign. D. Consider approval of a grant agreement between the City of Coppell, the Coppell Education Development Corporation, and the Coppell Independent School District in the amount of $1,987,162.00 for 17 Spanish teachers, and authorizing the City Manager to sign. E. Consider approval of an Annual Report from the Coppell Education Development Corporation. F. Consider approval of a License Agreement between the City of Coppell and Arbor Manors of Coppell Homeowners Association; and authorizing the City Manager to sign and execute any necessary documents. G. Consider approval of a License Agreement between the City of Coppell and Dallas Area Rapid Transit (DART) for the construction of a communication conduit crossing the DART owned Cotton Belt Railroad within the South Coppell Road right-of-way; and authorizing the City Manager to sign and execute any necessary documents. H. Consider approval of a License Agreement between the City of Coppell and Dallas Area Rapid Transit (DART) for a Public Road Crossing of the DART owned Cotton Belt Railroad of South Coppell Road at a cost of $2,400.00 and authorizing the City Manager to sign and execute any necessary documents. cm101309 Page 4 of 13 I. Consider approval of a Crossing Agreement with Fort Worth and Western Railroad (FWWR) for reconstruction of the existing railroad crossing located on South Coppell Road at a cost of $157,107.84, and authorizing the City Manager to sign and execute any necessary documents. J. Consider approval of an Ordinance abandoning a 15' utility easement on the west side of Arbor Manors Subdivision, as described in exhibits "A" and "B" attached hereto; reserving all existing easement rights of others if any, whether apparent or non-apparent, aerial, surface, underground or otherwise; providing for the furnishing of a certified copy of this ordinance for recording in the real property records of Dallas County, Texas as a Quitclaim Deed; and authorizing the Mayor to sign and execute any necessary documents. K. Consider approval of renewing the service agreement with Motorola, Inc. for the maintenance of all city radios and the communication network in the amount of $61,653.24; and authorizing the City Manager to sign. L. Consider approval of a resolution authorizing the filing of a project funding application with the North Central Texas Council of Governments for a regional solid waste management local project, and authorizing the Mayor to sign. M. Consider approval of a consulting services contract for health benefit consulting services and other related benefit/wellness programs with Brinson Benefits, Inc. in the amount of $144,080.00 and authorizing the City Manager to sign. N. Consider approval of an administrative services agreement with United Medical Services (UMR, formerly known as Fiserv Health) for third party administrative services for the City of Coppell medical plan in the amount of $144,155.00 and authorizing the City Manager to sign. cm101309 Page 5 of 13 O. Consider approval of awarding a Request for Proposal (RFP) #0095 for the procurement of medical stop loss insurance to ING in the amount of $311,252. P. Consider approval of a 90-day extension to the expiration date of September 10, 2009 for the Northlake Woodlands Center Addition, Lot 4R, Block A, Replat & Minor Plat, being a replat of the Northlake Woodlands Center Addition, Lot 4, Block A, to incorporate 0.35 acres of unplatted property to allow the expansion of the pet care outdoor play area, on 1.01 acres of property located at 120 E. Bethel School Road. Q. Consider approval of an Ordinance for a text amendment to Chapter 12-Zoning, of the Code of Ordinances, Section 12- 31-7.4, "Rules for computing number of parking spaces", to revise the existing regulation to require additional parking for any enlargement of floor area, number of employees, dwelling units, seating capacity and other enlargements and authorizing the Mayor to sign. R. Consider approval of an Ordinance for Case No. PD-181R2- SF-12, Bethel Road Estates, Lot 2, Block 1, a zoning change from PD-181-SF-12 (Planned Development-181-Single Family-12) to PD-181R2-SF-12 (Planned Development-181- Revision 2-Single Family-12) to allow for a stucco finish instead of masonry as required in Section 12-11-5 of the Zoning Ordinance and to allow an additional detached, two- story residential structure on 2.348 acres of property located at 256 West Bethel Road and authorizing the Mayor to sign. Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B, C, D, E, F, G, H, I, J carrying Ordinance No. 2009-1241, K, L carrying Resolution No. 2009-1013.1, M, N, 0, P, Q carrying Ordinance No. 91500-A-532 and R carrying Ordinance No. 91500-A-533. Councilmember Mahalik seconded the motion; the motion carried 7-0 with Mayor Pro Tern Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. cm101309 Page 6 of 13 11. PUBLIC HEARING: Consider approval of Case No. PD-242-HC, Holiday Inn Hotel & Suites, a zoning change request from LI (Light Industrial) to PD- 242-HC (Planned Development District-242-Highway Commercial) for a Concept Plan on 9.078 acres for retail/office/hotel and restaurant uses within the City of Coppell (this does not include the 7.043 acres in the City of Grapevine) and to attach a Detail Plan on 3.03 acres of property to allow a six-story, 128-room, Holiday Inn Hotel & Suites to be located on the south side of Northpoint Drive, east of S.H. 121. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Gus Coppak, applicant, addressed questions of the Council. Public Hearing: Mayor Peters opened the Public Hearing and advised no one signed up to speak. Action: Councilmember Franklin moved to close the Public Hearing and approve Case No. PD-242-HC, Holiday Inn Hotel & Suites, a zoning change request from LI (Light Industrial) to PD-242-HC (Planned Development District-242- Highway Commercial) for a Concept Plan on 9.078 acres for retail/ office/hotel and restaurant uses within the City of Coppell (this does not include the 7.043 acres in the City of Grapevine) and to attach a Detail Plan on 3.03 acres of property to allow a six-story, 128-room, Holiday Inn Hotel & Suites to be located on the south side of Northpoint Drive, east of S.H. 121, subject to the following condition: 1) Revise attached signs to be in accordance with Sign Ordinance. Councilmember Mahalik seconded the motion; the motion carried 7-0 with Mayor Pro Tern Hunt and Councilmembers Brancheau, Mahalik, Hinojosa- Flores, Tunnell, Faught and Franklin voting in favor of the motion. cm101309 Page 7 of 13 12. PUBLIC HEARING: Consider approval of Case No. PD-199R5-HC-S-1211R2, Service Star, a zoning change request from PD-199R4-HC-S-1211R2 (Planned Development-199-Highway Commercial Revision 4- Special Use Permit-1211 Revision 2) to PD-199R5-HC-S-1211R2 (Planned Development-199-Highway Commercial Revision 5- Special Use Permit-1211 Revision 2), to revise the detail site plan to allow the subdivision of Lot 4 into two lots, recognizing the existing developments and adding PD conditions, on 2.2 acres of property located at the southwest corner of S.H. 121 and MacArthur Blvd. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Jim Stillwell, applicant, addressed questions of the Council. Public Hearing: Mayor Peters opened the Public Hearing and advised no one signed up to speak. Action: Councilmember Mahalik moved to close the Public Hearing and approve a Case No. PD-199R5-HC-S-1211R2, Service Star, a zoning change request from PD-199R4-HC-S-1211R2 (Planned Development-199-Highway Commercial Revision 4-Special Use Permit-1211 Revision 2) to PD-199R5- HC-S-1211R2 (Planned Development-199-Highway Commercial Revision 5- Special U se Permit -12 11 Revision 2), to revise the detail site plan to allow the subdivision of Lot 4 into two lots, recognizing the existing developments and adding PD conditions, on 2.2 acres of property located at the southwest corner of S.H. 121 and MacArthur Blvd., subject to the following condition: 1) Fifty-one (51) parking spaces will be provided for the medical office use on Lot 4R2, and twenty-six (26) parking spaces will be provided for the Firestone use on Lot 4Rl. Councilmember Faught seconded the motion; the motion carried 7-0 with Mayor Pro Tern Hunt and Councilmembers Brancheau, Mahalik, Hinojosa- Flores, Tunnell, Faught and Franklin voting in favor of the motion. cm101309 Page 8 of 13 13. Consider approval of the Vista Point II, Lots 4Rl & 4R2, Block A, Replat, being a replat of Lot 4, Block A, of the Vista Point II Addition, to subdivide Lot 4 to allow the conveyance of two separately platted lots on 2.2 acres of property located at the southwest corner of S.H. 121 and MacArthur Blvd. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Action: Councilmember Franklin moved to approve the Vista Point II, Lots 4Rl & 4R2, Block A, Replat, being a replat of Lot 4, Block A, of the Vista Point II Addition, to subdivide Lot 4 to allow the conveyance of two separately platted lots on 2.2 acres of property located at the southwest corner of S.H. 121 and MacArthur Blvd. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tern Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 14. Consider approval of the Red Hawk, Final Plat, a request for 54 single-family lots and two commercial lots on 16.42 acres of property, located along the west side of S. Denton Tap Road, north of Bethel School Road. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Terry Holmes, applicant, answered questions of the Council. Action: Mayor Pro Tern Hunt moved to approve the Red Hawk, Final Plat, a request for 54 single-family lots and two commercial lots on 16.42 acres of property, located along the west side of S. Denton Tap Road, north of Bethel School Road, subject to the following conditions: 1) A drainage easement should be provided on the back of Lots 2-17, Block A, along the limits of the ultimate floodplain as delineated by the "Flood Study on Tributary G-2 of Grapevine Creek for The Holmes cm101309 Page 9 of 13 Builders" as prepared by O'Brien Engineering, Inc. The area was modeled in the drainage study as a storm water conveyance area; therefore it needs to be kept clear of all obstructions and improvements. 2) Maintenance responsibility for the proposed drainage easement on Lots 2-17, Block A should be clearly noted on the plat as to whether the individual homeowner or the Homeowner's Association (HOA) will main tain the area. 3) Right-of-way corner clips to accommodate proposed ADA ramps should be provided on Lots 1, 14,23 & 28, Block A. Councilmember Brancheau seconded the motion; the motion carried 6-1 with Mayor Pro Tern Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Faught and Franklin voting in favor of the motion and Councilmember Tunnell voting against the motion. 15. Consider approval of a Resolution approving the terms and conditions for procurement of four (4) MICU Ambulances with Horton / Professional Ambulance, through the HGAC Contract #AM04-08 provided to the City through interlocal agreement, in the amount of $643,084.00; authorizing the City Manger to execute all appropriate documents. Presentation: Kevin Richardson, Fire Chief, made a presentation to Council. Action: Councilmember Tunnell moved to approve Resolution No. 2009-1013.2 approving the terms and conditions for procurement of four (4) MICU Ambulances with Horton / Professional Ambulance, through the HGAC Contract #AM04-08 provided to the City through interlocal agreement, in the amount of $643,084.00; authorizing the City Manger to execute all appropriate documents. Councilmember Faught seconded the motion; the motion carried 7-0 with Mayor Pro Tern Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 16. Consider approval of adoption of 2009-2010 Work Plan. cm101309 Page 10 of 13 Presentation: Clay Phillips, City Manager, made a presentation to Council. Action: Councilmember Franklin moved to approve the adoption of 2009-2010 Work Plan. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tern Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 17. City Manager's Report. A. Project Update and Future Agendas. A. City Manager Clay Phillips reported on the status of the Senior Community Center. Additional progress is being made and should be completed by the end of the month. The Cypress Waters Development, not owned by the City of Coppell but located adjacent to city-owned property, is moving forward in the zoning process with the City of Dallas. The Luminantj Oncor jTXU facility is in the process of removing the plant. The structure should begin to come down in the coming months. There is public record that a DART transit facility is being proposed in the vicinity. Not much more is known about it, but it is being considered. Lastly, South Coppell Road and Southwestern Blvd. are under construction. The Bethel Road project is due for construction shortly. The City is attempting to secure the right-of-ways on Sandy Lake Road and Freeport, but the process remains to be a challenge in terms of ownership. 18. Mayor and Council Reports. A. Report by Mayor Peters regarding the Metroplex Mayors' Meeting. B. Report by Mayor Peters regarding Oak Fest to be held on October 17 from 5 p.m. to 10 p.m. at Andy Brown East. C. Report by Mayor Peters regarding National Night Out. A. Mayor Peters reported on the Metroplex Mayors' Meeting. Mr. Oberwetter, President of the Regional Chamber of Commerce and former U.S. Ambassador to Saudi Arabia made a presentation discussing the two year economic development study. The Dallas-Ft. Worth area was ranked the 12th largest metropolitan economy in the cm101309 Page 11 of 13 world and grew SIX times faster than New York, Chicago or Los Angeles. B. Mayor Peters announced Oak Fest will be held on October 17 from 5 p.m. until 10 p.m. at Andy Brown East Park. The event may have to be moved due to the saturation of the grounds. Tune in to the city's website for information. C. Finally, Mayor Peters reported on National Night Out held on October 6. Sixty Parties were hosted throughout the city. Mayor Peters thanked the Councilmembers for participating and riding with the police. It was a successful event. 19. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. Nothing to report EXECUTIVE SESSION (Closed to the Public) C. Section 551.074, Texas Government Code - Personnel Matters. 1. Discussion regarding the City Manager Evaluation Process. At this time, Mayor Peters reconvened into Executive Session at 8:52 p.m. Mayor Peters adjourned the Executive Session at 9:46 p.m. and opened the Regular Session. REGULAR SESSION (Open to the Public) 20. Necessary action resulting from Work Session. There was no action necessary under this item. 21. Necessary action resulting from Executive Session. There was no action necessary under this item. cm101309 Page 12 of 13 1 1 1 There being no further business to come before the City Council, the meeting was adjourned. ATTEST: Libby BalE ity Secretary e Peters, Mayor Cm1101309 Page 13 of 13