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CM 2010-11-09 MINUTES OF NOVEMBER 9, 2010 The City Council of the City of Coppell met in Regular Called Session on Tuesday, November 9, 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 Karen Hunt, Councilmember Also present were City Manager Clay Phillips, City Secretary Libby Ball 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 Executive Session. EXECUTIVE SESSION (Closed to the Public) 2.Convene Executive Session A.Section 551.071, Texas Government Code - Consultation with City Attorney and Section 551.072 – Deliberation regarding Real Property. 1.Seek legal advice from the City Attorney concerning the settlement and land purchases agreements with the Billingsleys at Northlake. B.Section 551.087, Texas Government Code – Economic Development Negotiations. 1.West of Belt Line Road and North of Dividend. Mayor Pro Tem Mahalik convened into Executive Session at 5:50 p.m. Mayor Pro Tem Mahalik adjourned the Executive Session at 6:27 p.m. and opened the Work Session. Cm110910 Page 1 of 11 WORK SESSION (Open to the Public) 3.Convene Work Session A.Discussion regarding Board/Commission Appointments. B.Presentation and Discussion regarding addition of Mausoleum Services. C.Discussion regarding the Sign Ordinance Revision. D.Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4.Convene Regular Session. 5.Invocation. Pastor Jason Graves, Riverside Church of Christ, led those present in the Invocation. 6.Pledge of Allegiance. Mayor Pro Tem Mahalik led those present in the Pledge of Allegiance. 7.Comments from Mayor Pro Tem Mahalik. Mayor Pro Tem Mahalik thanked the citizens for their kind words, the city staff for their support, the Council members for their guidance, and his wife and family for their willingness of time. He has a new level of respect for the mayors before him. 8.Consider approval of a proclamation naming November 9, 2010 as Matthew A. Bauer Day, and authorizing the Mayor to sign. Mayor Pro Tem Mahalik read the proclamation for the record and presented the same to Matthew A. Bauer. Cm110910 Page 2 of 11 Action: Councilmember Faught moved to approve the proclamation naming November 9, 2010 as Matthew A. Bauer Day, and authorizing the Mayor to sign. Councilmember Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa- Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 9.Report by Park Board. Greg Garcia, Chair, made the Board’s semi-annual report to Council. 10.Citizens' Appearances. 1)Doug Stover, 906 Beau Ln., spoke regarding Tomorrow and Today. 2)Angie Ambercrombie, 532 Christie Ln., spoke against Carter Estates. 3)Brian Rathe, 501 Carter Dr., spoke against Carter Estates. 4)Shawnee Ingrum, 516 Carter Dr., spoke against Carter Estates. 5)James Lasater, 533 Carter Dr., spoke against Carter Estates. 11.Consider approval of the following consent agenda items: A.Consider approval of minutes: October 26, 2010. B.Consider approval of the purchase of a replacement Integrated Library System from GIS Information Systems in the amount of $95,157.00 as budgeted, and authorizing the City Manager to sign. C.Consider approval of an Agreement with AJ Duffy and Company, to provide contract administration and construction observation services for the proposed Coppell Aquatic and Recreation Center expansion project, and authorizing the City Manager and the President of the Coppell Recreation Development Corporation to sign. D.Consider approval of an Ordinance for Case No. PD-214R4- C, Arbor Manors Addition, Lot 4R1, Block A, (Medical Office), a zoning change from PD-214R2-C (Planned Development-214 Revision 2-Commercial) to PD-214R4-C Cm110910 Page 3 of 11 (Planned Development-214 Revision 4-Commercial), to attach a Detail Plan to allow the construction of a 4,639- square-foot medical office building on 0.69 acres of property, located at the northwest corner of South Denton Tap Road and West Braewood Drive and authorizing the Mayor Pro Tem to sign. E.Consider approval of an Ordinance for Case No. PD-228R3- HC, Vista Ridge Retail, Lot 2, Block A, (Whataburger), a zoning change from PD-228-HC (Planned Development-228- Highway Commercial) to PD-228R3-HC (Planned Development-228 Revision 3-Highway Commercial), to allow a 3,687-square-foot restaurant with drive through service on approximately 1.11 acres of property, located on S.H. 121 approximately 210 feet east of North Denton Tap Road and authorizing the Mayor Pro Tem to sign. Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B, C, D carrying Ordinance No. 91500-A-556 and E carrying Ordinance No. 91500-A-557. Councilmember Hunt seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 12.Consider approval of the Carter Addition, PH III, Preliminary Plat, to subdivide 20.28 acres of property into twenty-seven (27) single-family residential lots and two (2) common area lots located on the south side of Carter Drive, approximately 925 feet west of Moore Road at 441 Carter Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Bill Dalstrom, representing the applicant, addressed the Council. Steve Scheetz, 517 Carter Dr., spoke against the proposal. Burt Odum, 433 Carter Dr., spoke against the proposal. Cm110910 Page 4 of 11 EXECUTIVE SESSION (Closed to the Public) 2.Convene Executive Session A.Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Pro Tem Mahalik convened into Executive Session at 8:25 p.m. Mayor Pro Tem Mahalik adjourned the Executive Session at 9:10 p.m. REGULAR SESSION (Open to the Public) Presentation: Ken Griffin, Director of Engineering, addressed questions of Council concerning traffic and speed limits. , addressed questions of Council Gary Sieb, Director of Planning regarding density and the Comprehensive Plan. Robert Hager, City Attorney, addressed Council to advise of their responsibilities. Action: Councilmember Brancheau moved to approve the Carter Addition, PH III, Preliminary Plat, to subdivide 20.28 acres of property into twenty-seven (27) single-family residential lots and two (2) common area lots located on the south side of Carter Drive, approximately 925 feet west of Moore Road at 441 Carter Drive, subject to the following conditions: 1) Submission of a Detail Landscape Plan for the Common Area Lots and HOA documents to ensure their maintenance; 2) Park Development fees in the amount of $1,285.00 per lot will be assessed and required to be paid prior to recordation of the plat; 3) An estimated contribution in the amount of $161,900.00 to the City of Coppell Reforestation & Natural Areas fund will be required prior to the removal of any trees from the site; and 4) Additional comments may be generated during detailed engineering plan review, including further evaluation of drainage. Cm110910 Page 5 of 11 Councilmember Faught seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 13.Consider approval of a Resolution approving the terms and conditions of an Interlocal Agreement between the City of Carrollton and the City of Coppell regarding the sale and purchase of communication equipment, repair and related services; and authorizing the Mayor Pro Tem to sign. Presentation: Gary Nix, Interim Police Chief, made a presentation to Council. Action: Councilmember Tunnell moved to approve Resolution No. 2010-1109.1 approving the terms and conditions of an Interlocal Agreement between the City of Carrollton and the City of Coppell regarding the sale and purchase of communication equipment, repair and related services; and authorizing the Mayor Pro Tem to sign. Councilmember Hunt seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 14.Consider and authorize City Manager to negotiate and execute a purchase and sale agreement, and any necessary agreements and instruments related thereto, for the transfer of Lot 2, Block A of the Grapevine Springs Community Center Addition, approximately 0.1365013 acres of land, to the Coppell Economic Development Foundation, acting as an independent foundation, for the resale of such property to Elias R. Dragon and Ann M. Dragon. Mayor Pro Tem Mahalik announced that this item was pulled from the agenda. 15.Consider and authorize City Manager to negotiate and execute a purchase and sale agreement, and any necessary agreements and instruments related thereto, for the transfer of Lot 1, Block A; Cm110910 Page 6 of 11 Lot 1, Block B; Lot 1, Block C; Lot 1, Block D; Lot 1, Block E; Lot 1, Block F; Lot 2, Block G; and Lot 2, Block A of the Old Town Addition, approximately 10.06 acres of land, to the Coppell Economic Development Foundation, acting as an independent foundation, for the resale of such property to CSE Commercial Real Estate. L.P. for the future development of a mixed-use center. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. Action: Councilmember Tunnell moved to approve and authorize the City Manager to negotiate and execute a purchase and sale agreement, and any necessary agreements and instruments related thereto, for the transfer of Lot 1, Block A; Lot 1, Block B; Lot 1, Block C; Lot 1, Block D; Lot 1, Block E; Lot 1, Block F; Lot 2, Block G; and Lot 2, Block A of the Old Town Addition, approximately 10.06 acres of land, to the Coppell Economic Development Foundation, acting as an independent foundation, for the resale of such property to CSE Commercial Real Estate. L.P. for the future development of a mixed-use center. Councilmember Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 16.Discuss and consider approving a Development Agreement between the City of Coppell and CSE Commercial Real Estate, L.P. and authorize the City Manager to sign. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. Action: Councilmember Franklin moved to approve a Development Agreement between the City of Coppell and CSE Commercial Real Estate, L.P. and authorize the City Manager to sign. Councilmember Tunnell seconded the Cm110910 Page 7 of 11 motion; the motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 17.Discuss and consider approving a Shared Parking Agreement between the City of Coppell and CSE Commercial Real Estate, L.P. and authorize the City Manager to sign. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. Action: Councilmember Franklin moved to approve a Shared Parking Agreement between the City of Coppell and CSE Commercial Real Estate, L.P. and authorize the City Manager to sign. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 18.Consider approval of a Resolution approving a letter of support for the creation of a Foreign Trade Zone to be located at 611 S. Royal Lane in Coppell, Texas, and authorizing the Mayor Pro Tem to sign. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. Action: Councilmember Faught moved to approve Resolution No. 2010-1109.2 approving a letter of support for the creation of a Foreign Trade Zone to be located at 611 S. Royal Lane in Coppell, Texas, and authorizing the Mayor Pro Tem to sign. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. Cm110910 Page 8 of 11 19.Consider appointments to the City's Boards/Commissions/Committees. Presentation: Christel Pettinos, Deputy City Secretary, read the proposed slate of appointees. ANIMAL SERVICES 2 year Regular - Dr. Reid Garfield BOARD OF ADJUSTMENT 2 year Regular - Mark LeGros, Douglas Robinson & Laura Ketchum 2 year Alternate - Mark Holmstrup & Melinda Gilliam COPPELL ECONOMIC DEVELOPMENT 2 year Regular - Bill Rohloff, Gary Roden, Ken Luttmer, Adam Darowski & Aaron Straach KEEP COPPELL BEAUTIFUL 2 year Regular - Eric Dillie, Terra Taylor & Shannon Wentz KEEP COPPELL YOUTH 1 year Student - Geetika Rao & Goutham Kandru LIBRARY BOARD 2 year Regular - Thomas Dwyer, Karla Tabor, Wednesday Foster & David Smith 2 year Alternate - Manibala Jonnalagadda LIBRARY BOARD YOUTH 1 year Student - Sai Panguluri & Nadir Khan PARK BOARD 2 year Regular - Greg Garcia, Jack Clark, Larry Jones, Brian Brandstetter, Biju Mathews, William Whitehill & Neil Bales 2 year Alternate - Ed Guignon & Philip Houm PARK BOARD YOUTH 1 year Student - Lauren Barbo & Nicholas Velez PLANNING & ZONING 2 year Regular - Greg Frnka, Anna Kittrell & Justin Goodale Cm110910 Page 9 of 11 Action: Councilmember Tunnell moved to approve the slate as read. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa- Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 20.City Manager's Report. A.Project Update and Future Agendas. A.City Manager Clay Phillips reported that all of the right-of-way on Sandy Lake Road has been acquired. The last concrete pour on Dobecka Drive has been completed and will be open for traffic in two to three weeks. Hertz Road is still restricted to southbound traffic only. The Sidewalk in-fill project commenced on November 9, as did the Clear Creek Ln. project. Regarding future agendas, Mr. Phillips reminded Council that there is only one meeting in December where they will discuss the upcoming Legislative Session with Fred Hill and Dan Shelley. Mr. Phillips announced that Vicki Chiavetta has been named Library Director and that this was City Secretary Libby Ball’s last Council meeting. Ms. Ball will remain on staff while Christel Pettinos will transition in as City Secretary. A formal retirement send- off for Ms. Ball will be scheduled in the spring. 21.Mayor Pro Tem and Council Reports. A.Report by Mayor Pro Tem Mahalik regarding the Holiday Parade and Celebration. B.Report by Mayor Pro Tem Mahalik regarding the Metroplex Mayors’ Meeting. C.Report by Councilmember Franklin regarding the TML Conference – Marketing for Retailers. A.Mayor Pro Tem Mahalik announced the Holiday Parade and Celebration will be on Saturday, December 4 beginning at 6:30 p.m. The Celebration will follow the Holiday Parade in the Plaza at Town Center with a tree lighting, live band and Santa’s Kitchen. B.City Manager Clay Phillips attended the Metroplex Mayors’ Meeting with Mayor-Elect Doug Stover. The guest speaker was David Dean with Dean International, who talked about transportation initiatives. Cm110910 Page 10 of 11 C. Councilmember Franklin attended the TML Conference Marketing for Retailers in Corpus Christi. The break -out session talked about "'m smaller communities having to work harder to attract and retain retailers and gave tips on what they should be doing. 22. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. Councilmember Brancheau thanked City Secretary Libby Ball for her service to the city and thanked Mayor Pro Tem Mahalik for a job well done. 23. Necessary action resulting from Executive Session. Nothing to report. There being no further business, the meeting was adjourned. Um Bob Mahalik, Mayor Pro Tem ATTEST: Christel Pettinos, City Secretary Cm 110910 Page 11 of 11