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CM 2009-11-10 MINUTES OF NOVEMBER 10, 2009 The City Council of the City of Coppell met in Regular Called Session on Tuesday, November 10, 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 Tem (late arrival) Tim Brancheau, Councilmember Bob Mahalik, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember 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 Open Meetings Act. B.Section 551.087, Texas Government Code – Economic Development Negotiations. 1.ED Prospects north of Canyon and west of Coppell Road. 2.ED Prospects south of Bethel Road and west of S. Coppell Road. Mayor Peters convened into Executive Session at 5:43 p.m. Mayor Peters adjourned the Executive Session at 6:49 p.m. and opened Work Session. Mayor Pro Tem Hunt arrived during Executive Session. cm111009 Page 1 of 15 WORK SESSION (Open to the Public) 3.Convene Work Session A.Discussion regarding Appraisal District Nominees. B.Discussion regarding City Limit Entrance Signs. C.Discussion regarding Legislative Services. D.Discussion regarding Transportation Consulting Services. E.Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4.Convene Regular Session. 5.Invocation. Wayne McDonald of Metrocrest Community Church led those present in the Invocation. 6.Pledge of Allegiance. Troop 8888 led those present in the Pledge of Allegiance. 7.Consider approval of a proclamation naming November 15, 2009 as Engineering and Technology Awareness Day, and authorizing the Mayor to sign. Presentation: Mayor Peters read the Proclamation for the record and presented the same to Bill Hayes, President of the Engineering Booster Club. Action: Councilmember Hinojosa-Flores moved to approve a proclamation naming November 15, 2009 as Engineering and Technology Awareness Day, and authorizing the Mayor to sign. Councilmember Faught seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. cm111009 Page 2 of 15 8.Citizens' Appearances. Mayor Peters advised no one signed up to speak. CONSENT AGENDA 9.Consider approval of the following consent agenda items: A.Consider approval of minutes: October 27, 2009. B.Consider approval of awarding Bid No. 0909-03 for electrical services in two parts: part one to Pat Dillahey Electric for general electrical services; and part two to Groves Electrical Services, Inc. for ballfield lighting services for a twelve month period beginning December 1, 2009, with options to renew an additional four years as budgeted; and authorizing the City Manager to sign. C.Consider approval of an agreement with Oncor Electric Delivery to provide street lighting along both sides of South Coppell Road between Bethel Road and Burns Street in the amount of $82,092.45, as provided for in CIP funds; and authorizing the City Manager to sign. D.Consider approval to purchase from Philpott Motors, Inc. one (1) 2010 Ford F250 Pick-up Truck in the amount of $31,508.33 for the Parks Department, two (2) 2010 Ford Escape Hybrid's in the amount of $28,973.39 each for the Police Department, and one (1) Ford F350 Cab/Chassis SRW in the amount of $38,228.33 for the Utilities Department through an Inter-local Agreement with Buyboard as budgeted, and authorizing the City Manager to sign all related documentation. E.Consider approval of awarding a bid to Professional Turf Products in the amount of $100,544.66, for the purchase of Grounds Maintenance Equipment as budgeted; and authorizing the City Manager to sign. cm111009 Page 3 of 15 F.Consider approval of a resolution authorizing execution of Agreements with the Texas Department of Transportation allowing maintenance of landscaped areas within the rights- of way of Interstate Highway 635 and Freeport Parkway, and authorizing the Mayor to sign the necessary documentation. G.Consider approval of an Ordinance for Case No. PD-199R5- HC-S-1211R2, Service Star, a zoning change 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 and authorizing the Mayor to sign. H.Consider approval of an Ordinance for Case No. PD-242-HC, Holiday Inn Hotel & Suites, a zoning change 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 and authorizing the Mayor to sign. Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B, C, D, E, F carrying Resolution No. 2009-1110.1, G carrying Ordinance No. 91500-A-534 and H carrying Ordinance No. 91500-A-535. Councilmember Mahalik seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 10.Consider approval of an Ordinance authorizing the issuance and sale of City of Coppell, Texas, General Obligation Refunding cm111009 Page 4 of 15 Bond, Series 2009, levying an annual ad valorem tax and providing for the security for and payment of said bond; and enacting other provisions relating to the subject and authorizing the Mayor to sign. Presentation: Jennifer Miller, Director of Finance, introduced Boyd London who made a presentation to Council. Action: Mayor Pro Tem Hunt moved to approve Ordinance No. 2009-1245 authorizing the issuance and sale of City of Coppell, Texas, General Obligation Refunding Bond, Series 2009, levying an annual ad valorem tax and providing for the security for and payment of said bond; and enacting other provisions relating to the subject and authorizing the Mayor to sign. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell and Faught voting in favor of the motion. Councilmember Franklin abstained from voting with a Conflict of Interest Affidavit. 11.Consider approval of a consulting services contract for preparation of the Comprehensive Plan for the City of Coppell with Bucher, Willis & Ratcliff Corporation (BWR) in the amount of $159,000 and authorizing the City Manager to sign. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Tom Yantis, with Bucher, Willis & Ratliff, made a presentation to Council. Action: Councilmember Tunnell moved to approve a consulting services contract for preparation of the Comprehensive Plan for the City of Coppell with Bucher, Willis & Ratliff Corporation (BWR) in the amount of $159,000 and authorizing the City Manager to sign. Councilmember Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and cm111009 Page 5 of 15 Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 12.PUBLIC HEARING: Consider approval of Case No. S-1108R4-SF-9, Verizon, a zoning change request from S-1108R-SF-9 (Special Use Permit-1108 Revised - Single Family-9) to S-1108R4-SF-9 (Special Use Permit- 1108 Revision 4 - Single Family-9), to allow the replacement of an existing 80-square-foot accessory cabinet with a 190-square- foot cabinet at the base of the tower on approximately 750 square feet of lease area located approximately 1,100 feet north of East Belt Line Road within the electric transmission line easement. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Bill Bowman, with Verizon, was available for questions. 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. S-1108R4-SF-9, Verizon, a zoning change request from S-1108R- SF-9 (Special Use Permit-1108 Revised - Single Family-9) to S-1108R4-SF-9 (Special Use Permit-1108 Revision 4 - Single Family-9), to allow the replacement of an existing 80-square-foot accessory cabinet with a 190- square-foot cabinet at the base of the tower on approximately 750 square feet of lease area located approximately 1,100 feet north of East Belt Line Road within the electric transmission line easement. Councilmember Mahalik seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. cm111009 Page 6 of 15 13.PUBLIC HEARING: Consider approval of Case No. PD-222R3-LI, Duke Lesley Addition (Point West VII), Lot 2, Block A, a zoning change request from PD-222R2-LI (Planned Development-222 Revision 2-Light Industrial) to PD-222R3-LI (Planned Development-222 Revision 3-Light Industrial), to revise the Detail Site Plan to allow the striping of 91 additional parking spaces within the existing truck court area and construction of 13 new parking spaces in the front yard on approximately 36.17 acres of property located on the north side of Dividend Drive, approximately 1,200 feet west of South Belt Line Road (240 Dividend Drive). Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Jeff Thorton, with Duke, addressed 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 Case No. PD-222R3-LI, Duke Lesley Addition (Point West VII), Lot 2, Block A, a zoning change request from PD-222R2-LI (Planned Development-222 Revision 2-Light Industrial) to PD-222R3-LI (Planned Development-222 Revision 3-Light Industrial), to revise the Detail Site Plan to allow the striping of 91 additional parking spaces within the existing truck court area and construction of 13 new parking spaces in the front yard on approximately 36.17 acres of property located on the north side of Dividend Drive, approximately 1,200 feet west of South Belt Line Road (240 Dividend Drive), subject to the following conditions: 1) Insure all plant materials are in a healthy and growing condition. Replace those that are not alive; and 2) Drainage will be evaluated during Engineering plan review. cm111009 Page 7 of 15 Councilmember Faught seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa- Flores, Tunnell, Faught and Franklin voting in favor of the motion. 14.PUBLIC HEARING: Consider approval of Case No. PD-222R4-LI, Duke Lesley Addition (Point West VII), Lot 3, Block A, a zoning change request from PD-222-LI (Planned Development-222 - Light Industrial) to PD- 222R4-LI (Planned Development-222 Revision 4-Light Industrial), to establish a Detail Site Plan to allow the development of a shared parking area (253 parking spaces) on 2.9 acres of property located on the north side of Dividend Drive, approximately 1,000 feet west of South Belt Line Road. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Public Hearing: Mayor Peters opened the Public Hearing and advised no one signed up to speak. Action: Councilmember Tunnell moved to close the Public Hearing and approve: Item 14 Case No. PD-222R4-LI, Duke Lesley Addition (Point West VII), Lot 3, Block A, a zoning change request from PD-222-LI (Planned Development-222 - Light Industrial) to PD-222R4-LI (Planned Development-222 Revision 4- Light Industrial), to establish a Detail Site Plan to allow the development of a shared parking area (253 parking spaces) on 2.9 acres of property located on the north side of Dividend Drive, approximately 1,000 feet west of South Belt Line Road; and Item 15 The Duke Lesley Addition, (Point West VII), Lot 3, Block A, Minor Plat, to allow the development of a shared parking area (253 parking spaces) on 2.9 cm111009 Page 8 of 15 acres of property located on the north side of Dividend Drive, approximately 1,000 feet west of South Belt Line Road, subject to the following conditions: 1) Drainage will be evaluated during engineering plan review. Councilmember Faught seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa- Flores, Tunnell, Faught and Franklin voting in favor of the motion. 15.Consider approval of the Duke Lesley Addition, (Point West VII), Lot 3, Block A, Minor Plat, to allow the development of a shared parking area (253 parking spaces) on 2.9 acres of property located on the north side of Dividend Drive, approximately 1,000 feet west of South Belt Line Road. This item was considered under Item 14. See Item 14 for minutes. 16.PUBLIC HEARING: Consider approval of Case No. PD-244-TH-2, Willow Park, a zoning change request from C (Commercial) to PD-244-TH-2 (Planned Development-244-Townhouse-2) to allow 24 detached townhouse units and to amend the Land Use Plan of the 1996 Comprehensive Plan from Freeway Commercial and Light Industrial/Showroom to Residential – Medium Density on 3.81 acres of property located approximately 337 feet east of S.H. 121 along the north side of Coppell Road. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Public Hearing: Mayor Peters opened the Public Hearing and advised no one signed up to speak. Action: Councilmember Tunnell moved to continue the Public Hearing and th postpone the item until the December 8 meeting. Mayor Pro Tem Hunt seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt cm111009 Page 9 of 15 and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 17.PUBLIC HEARING: Consider approval of the St. Andrews Estates, Lot 21R, Block 1, Replat, being a replat of Lots 21 and 22 of St. Andrews Estates, into one lot to allow the construction of one single-family home on 24,409 square feet of land located on the west side of Inglenook Court, approximately 96 feet north of DeForest Road. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Terry Holmes, applicant, was available for questions from Council. Public Hearing: Mayor Peters opened the Public Hearing and advised no one signed up to speak. Action: Councilmember Faught moved to close the Public Hearing and approve the St. Andrews Estates, Lot 21R, Block 1, Replat, being a replat of Lots 21 and 22 of St. Andrews Estates, into one lot to allow the construction of one single-family home on 24,409 square feet of land located on the west side of Inglenook Court, approximately 96 feet north of DeForest Road. Councilmember Mahalik seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa- Flores, Tunnell, Faught and Franklin voting in favor of the motion. 18.Consider approval of awarding a bid to Utz Environmental Services in the amount of $177,348.00, for the installation of the Creekview-Bethel Road Trail; and authorizing the City Manager and CRDC President to sign the necessary documents. Presentation: John Elias, Parks Operation Manager, made a presentation to Council. cm111009 Page 10 of 15 Action: Councilmember Faught moved to approve the award of bid to Utz Environmental Services in the amount of $177,348.00, for the installation of the Creekview-Bethel Road Trail; and authorizing the City Manager and CRDC President to sign the necessary documents. Councilmember Hinojosa-Flores seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 19.Consider approval of awarding a bid to Utz Environmental Services in the amount of $115,871.00 for the installation of the Hunterwood Improvements; and authorizing the City Manager and CRDC President to sign the necessary documents. Presentation: John Elias, Parks Operation Manager, made a presentation to Council. Action: Councilmember Faught moved to approve the award of bid to Utz Environmental Services in the amount of $115,871.00 for the installation of the Hunterwood Improvements; and authorizing the City Manager and CRDC President to sign the necessary documents. Councilmember Mahalik seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 20.Consider approval of an Economic Development Agreement by and between the City of Coppell and Uline, Inc., and authorizing the Mayor to sign. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. cm111009 Page 11 of 15 Action: Councilmember Brancheau moved to approve an Economic Development Agreement by and between the City of Coppell and Uline, Inc., and authorizing the Mayor to sign. Councilmember Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 21.Consider approval of an Economic Development Agreement by and between the City of Coppell and West Bethel Properties LLC, and authorizing the Mayor to sign. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. Action: Councilmember Tunnell moved to approve an Economic Development Agreement by and between the City of Coppell and West Bethel Properties LLC, and authorizing the Mayor to sign. Mayor Pro Tem Hunt seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 22.Consider approval of a Resolution approving the City of Coppell casting its vote for the fourth member of the Board of Directors of the Dallas Central Appraisal District, and authorizing the Mayor to sign. Action: Councilmember Brancheau moved to approve Resolution No. 2009-1110.2 approving the City of Coppell casting its vote for Michael Hurtt as the fourth member of the Board of Directors of the Dallas Central Appraisal District, and authorizing the Mayor to sign. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. cm111009 Page 12 of 15 23.Consider approval of a Resolution approving the City of Coppell casting its vote(s) for member(s) of the Board of Directors of the Denton Central Appraisal District, and authorizing the Mayor to sign. Action: Councilmember Brancheau moved to approve Resolution No. 2009-1110.3 approving the City of Coppell casting its 3 vote(s) for Pearl Ford to serve on the Board of Directors of the Denton Central Appraisal District, and authorizing the Mayor to sign. Councilmember Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 24.City Manager's Report. A.Project Update and Future Agendas. A. City Manager Clay Phillips reported that this is the one and only meeting for November. There will only be one meeting in December as well. 25.Mayor and Council Reports. A.Report by Mayor Peters regarding the Metroplex Mayors’ Meeting. B.Report by Mayor Peters regarding the Holiday Parade and Celebration, December 5 starting at 6:30. th C.Report by Mayor Peters regarding the Make a Child Smile Program. A.Mayor Peters reported on the Metroplex Mayors’ Meeting she attended with City Manager Clay Phillips and Deputy City Manager Mario Canizares. Dr. Mary Ellen Webber, VP of Governmental Affairs at UT Southwestern, made a presentation on space exploration and her experience as an astronaut. B.Mayor Peters announced the annual Holiday Parade and Celebration th will be held on Saturday, December 5 at 6:30 p.m. There will be illuminated floats, a tree lighting ceremony, roaming carolers, refreshments and activities. cm111009 Page 13 of 15 C.Finally, Mayor Peters reported on the Make a Child Smile Program. Ornaments can be picked up in the City Secretary’s Office at Town Center between the hours of 8 a.m. and 5 p.m. This year there are 148 families with 387 children. The deadline to return the gifts is th December 11. 26.Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. Nothing to report 27.Necessary action resulting from Work Session. Action: Councilmember Tunnell moved to approve a personal consulting agreement with Dan Shelly to perform services in accordance with a written agreement, providing for a two year term, and authorizing the City Manager to sign. Councilmember Mahalik seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. Action: Councilmember Mahalik moved to approve a contract by and between the City of Coppell and Innovative Transportation Solutions, Inc., for engineering consulting services in accordance with the written agreement, providing for a maximum payment, and authorizing the City Manager to sign. Mayor Pro Tem Hunt seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 28.Necessary action resulting from Executive Session. There was no action necessary under this item. cm111009 Page 14 of 15 There being no further business to come before the City Council, the meeting was adjourned. 4ne Peters, Mayor ATTEST: x zz. Libby Ball, Secretary cm111009 Page 15 of 15