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CM 2010-07-13MINUTES OF JULY 13, 2010 The City Council of the City of Coppell met in Regular Called Session on Tuesday, July 13, 2010, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Bob Mahalik, Mayor Pro Tem Tim Brancheau, Councilmember Brianna Hinojosa- Flores, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Marvin Franklin, Councilmember (late arrival) Karen Hunt, Councilmember Mayor Peters was absent. Also present were City Manager Clay Phillips, Deputy City Secretary Christel Pettinos and City Attorney Robert Hager. 1. Call to order. Mayor Pro Tem Mahalik called the meeting to order, determined that a quorum was present and convened into Work Session. Councilmember Franklin arrived prior to convening Work 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 Northlake Property. 2. Discussion regarding Gas Well Ordinance. Mayor Pro Tem Mahalik convened into Executive Session at 6:48 p.m. Mayor Pro Tem Mahalik recessed the Executive Session at 7:20 p.m. and opened the Regular Session. Work Session was heard prior to Executive Session. Cm071310 Page 1 of 9 WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Boards & Commission Schedule. B. Discussion regarding Dallas Water Utilities. C. Discussion regarding Denton Tap /Bethel Road Construction. D. Discussion regarding Redflex/ Red Light Cameras. E. Discussion regarding Emergency Communication System. F. Discussion of Agenda Items. At this time, Councilmember Hinojosa - Flores left the meeting. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Sergeant William Camp, Police Chaplain, led those present in the Invocation. 6. Pledge of Allegiance. Boy Scout Troop 840 led those present in the Pledge of Allegiance. 7. Consider approval of a proclamation naming September 2010 as Coppell Reads Month in the City of Coppell; and authorizing the Mayor to sign. Presentation: Mayor Pro Tem Mahalik read the proclamation into the record and presented the same to Amy Pittman - Hassett, Jennifer Perryman and Betsy Merrill. Cm071310 Page 2 of 9 Action: Councilmember Franklin moved to approve the proclamation naming September 2010 as Coppell Reads Month in the City of Coppell; and authorizing the Mayor to sign. Councilmember Tunnell seconded the motion; the motion carried 6 -0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 8. Citizens' Appearances. 1) Thomas Burrows, 138 Wynnpage, spoke regarding the risk of the leaning power poles along Denton Tap. 9. Consider approval of the following consent agenda items: A. Consider approval of minutes: June 8, 2010. B. Consider approval of a grant agreement between the City of Coppell, the Coppell Education Development Corporation, and the Carrollton- Farmers Branch Independent School District in the amount of $180,882.00 and authorize the City Manager to grant any remaining funds from previous grants up to the total amount of $219,600.00 as originally requested in this grant for 3D projection technology and electronic book readers (Apple IPads), hire a part time instructional technology coach, and provide transportation for students who require extra academic support to meet instructional goals at Ranchview High School, and authorizing the City Manager to sign. C. Consider approval of an Addendum to Grant Agreement No. 2010- LOlbetween the City of Coppell, the Coppell Education Development Corporation, and the Coppell Independent School District in the amount of $239,918.00 and authorize the City Manager to grant any remaining funds from previous grants up to the total amount of $250,000.00 as originally requested in this addendum to fund Literacy Intervention support teachers, and authorizing the City Manager to sign. Cm071310 Page 3 of 9 D. Consider approval of a Resolution approving a Memorandum of Agreement and amending the contract between the City of Dallas and the City of Coppell for the purchase of wholesale treated water and authorizing the City Manager to execute said agreement; and authorizing the Mayor to sign. E. Consider approval of an Ordinance for Case No. PD- 209R3- C, TownOaks Centre, a zoning change from PD -209 -C (Planned Development- 209 - Commercial) to PD- 209R3 -C (Planned Development -209 Revision 3- Commercial), to allow covered parking spaces and an enhanced entrance in the rear of the building on 8.6 acres of property located at the southeast corner of Sandy Lake Road and Denton Tap Road and authorizing the Mayor to sign. Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B, C, D carrying Resolution No. 2010 - 0713.1 and E carrying Ordinance No. 91500 -A -553. Councilmember Brancheau seconded the motion; the motion carried 6 -0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 10. PUBLIC HEARING Consider approval of a Resolution granting a variance of three hundred (300') feet to Zena Sushi 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 171 N. Denton Tap Road, Suite 100; and authorizing the Mayor to sign. Presentation: Christel Pettinos, Deputy City Secretary, made a presentation to Council. Public Hearing: Mayor Pro Tem Mahalik opened the Public Hearing and advised the following signed up to speak: Cm071310 Page 4 of 9 1) Thomas Burrows, 138 Wynnpage, spoke against the variance. Action: Councilmember Faught moved to close the Public Hearing and approve Resolution No. 2010 - 0713.2 granting a variance of three hundred (300') feet to Zena Sushi 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 171 N. Denton Tap Road, Suite 100; and authorizing the Mayor to sign. Councilmember Hunt seconded the motion; the motion carried 6 -0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 11. PUBLIC HEARING Consider approval of Case No. S- 1O93R -C, Taco Bell, a zoning change request from S- 1093 -C (Special Use Permit -1093- Commercial) to S- 1O93R -C (Special Use Permit -1093 Revised - Commercial), to permit the addition of a drive -thru entry portal, an order point canopy and the replacement of the existing menu board on approximately one acre of property located at 115 North Denton Tap Road. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Public Hearing: Mayor Pro Tem Mahalik 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. 5- 1093R -C, Taco Bell, a zoning change request from 5- 1093 -C (Special Use Permit -1093- Commercial) to 5- 1093R -C (Special Use Permit - 1093 Revised - Commercial), to permit the addition of a drive -thru entry portal, an order point canopy and the replacement of the existing menu board on approximately one acre of property located at 115 North Denton Tap Road subject to the following condition: Cm071310 Page 5 of 9 1) The development of these improvements shall be in accordance with the Site Plan, Menu Board, Order Point Canopy and Entry Portal which shall be made part of the ordinance. Councilmember Faught seconded the motion; the motion carried 6 -0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 12. PUBLIC HEARING Consider approval of Case No. S- 122OR -TC, Verizon Wireless, a zoning change request from S- 1220 -TC (Special Use Permit -1220- Town Center) to S- 122OR -TC (Special Use Permit -1220 Revised - Town Center), to allow the replacement of existing telecommunication antennae and the expansion of the equipment cabinet enclosure on property located at 363 North Denton Tap Road in Andy Brown West Park. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Bill Bauman, representing the applicant, was available for questions. Public Hearing: Mayor Pro Tem Mahalik opened the Public Hearing and advised no one signed up to speak. Action: Councilmember Tunnell moved to close the Public Hearing and approve Case No. 5- 1220R -TC, Verizon Wireless, a zoning change request from S- 1220-TC (Special Use Permit -1220 -Town Center) to 5- 1220R -TC (Special Use Permit -1220 Revised -Town Center), to allow the replacement of existing telecommunication antennae and the expansion of the equipment cabinet enclosure on property located at 363 North Denton Tap Road in Andy Brown West Park subject to the following condition: 1) Coordinate with the Parks Department for the scheduling of construction times and the replacement of the Red Bud tree and portion of the irrigation system affected by the proposed change. Cm071310 Page 6 of 9 Councilmember Brancheau seconded the motion; the motion carried 6 -0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 13. PUBLIC HEARING Consider approval of Case No. PD- 237R -HC, QuikTrip, a zoning change request from A (Agriculture) to PD- 237R -HC (Planned Development -237 Revised - Highway Commercial) to attach a detail site plan to allow a 4,900- square -foot convenience store with eight gas pump islands on 2.03 acres of land located at the northeast corner of South Belt Line Road and the proposed extension of Dividend Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Public Hearing: Mayor Pro Tem Mahalik opened the Public Hearing. Action: Councilmember Tunnell moved to continue the Public Hearing to the August 10 meeting. Councilmember Brancheau seconded the motion; the motion carried 6 -0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 14. Consider approval of the Denton Creek @ Sandy Lake Addition, Lots 1 & 2, Block A, Minor Plat, a minor plat to allow the construction of a single - family home on Lot 1 and the future construction of an office building on Lot 2, on 2.36 acres of property located on the north side of Sandy Lake Road, approximately 600 feet west of Starleaf Road. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Cm071310 Page 7 of 9 Action: Councilmember Brancheau moved to approve the Denton Creek @ Sandy Lake Addition, Lots 1 8, 2, Block A, Minor Plat, a minor plat to allow the construction of a single - family home on Lot 1 and the future construction of an office building on Lot 2, on 2.36 acres of property located on the north side of Sandy Lake Road, approximately 600 feet west of Starleaf Road subject to the following conditions: 1) Provide an 8 -foot wide stamped concrete paver band at entrance to the residential lot. 2) Applicant understands a revised Planned Development for Lot 2 will be required, as well as a replat, before any construction can begin on this Lot. Councilmember Faught seconded the motion; the motion carried 6 -0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. At this time, Council convened into Executive Session. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Pro Tem Mahalik convened into Executive Session at 8:08 p.m. Mayor Pro Tem Mahalik adjourned the Executive Session at 8:15 p.m. and opened the Regular Session. REGULAR SESSION (Open to the Public) At this time, the meeting was adjourned. 15. Consider approval of a Resolution to reduce Denton Tap Road to one lane southbound, and one lane northbound along Denton Tap at the intersection of Bethel Road for a period of up to 40 Cm071310 Page 8 of 9 calendar days from the beginning of work; and authorizing the Mayor to sign and execute any necessary documents. This item was not considered. 16. City Manager's Report. A. Project Update and Future Agendas. This item was not considered. 17. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. This item was not considered. 18. Necessary action resulting from Executive Session. This item was not considered. Bob Mahalik, Mayor Pro Tem ATTEST: t o--- Christel Pettinos, Deputy City Secretary Cm071310 Page 9 of 9