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CM 2011-01-11 MINUTES OF JANUARY 11, 2011 The City Council of the City of Coppell met in Regular Called Session on Tuesday, January 11, 2011, 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 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 Christel Pettinos and City Attorney Robert Hager. 1.Call to order. Mayor Stover 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 551.071, Texas Government Code - Consultation with City Attorney. 1. Seek legal advice from the City Attorney concerning the Settlement Agreement and Mutual Release of Claims between the City of Coppell and Rick and Peggy Bureau. C.Section 551.087, Texas Government Code – Economic Development Negotiations. cm011111 Page 1 of 13 1. Economic Development prospects south of Sandy Lake Road and west of Royal Lane. Mayor Stover convened into Executive Session at 5:40 p.m. Mayor Stover adjourned the Executive Session at 6:45 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3.Convene Work Session A.Discussion Regarding Building Codes. B.Presentation and Discussion Regarding Mausoleum Fees. C.Discussion Regarding the Legislative Agenda. D.Discussion of NCTCOG Emergency Preparedness Committee. E.Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4.Convene Regular Session. 5.Invocation. Councilmember Marvin Franklin led those present in the Invocation. 6.Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 7.Consider approval of a proclamation naming the month of January 2011 as School Board Appreciation Month, and authorizing the Mayor to sign. Mayor Stover read the proclamation for the record and presented the same to Cindy Warner and members of the Coppell School Board. cm011111 Page 2 of 13 Action: Councilmember Hinojosa-Flores moved to approve the proclamation naming the month of January 2011 as School Board Appreciation Month, and authorizing the Mayor to sign. Mayor Pro Tem Mahalik 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. 8.Citizens' Appearances. Mayor Stover advised that no one signed up to speak. 9.Consider approval of minutes: December 14, 2010. Action: Councilmember Tunnell moved to approve the minutes for December 14, 2010. 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. 10.PUBLIC HEARING: Consider approval of Case No. PD-247-LI, Coppell Commerce Center Addition, Lot 3, Block 4, a zoning change request from LI (Light Industrial) to PD-247-LI (Planned Development-247- Light Industrial), to allow site and building modifications on 4.04 acres of land located at 815 S. Coppell Road. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that the applicant requested to pull the item. cm011111 Page 3 of 13 Action: Councilmember Tunnell moved to close the Public Hearing. Councilmember Hinojosa-Flores 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. 11.PUBLIC HEARING: Consider approval of Case No. PD-237R2-HC, Lesley Retail, a zoning change request from A (Agriculture) to PD-237R2-HC (Planned Development-237 Revision 2-Highway Commercial), to attach a Concept Site Plan for hotel, office and retail development on 28.14 acres of land located at the northeast corner of Hackberry Drive and South Belt Line Road. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Todd Jones, representing the applicant, addressed Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that the following signed up to speak: 1)Henry Billingsley, 1722 Routh Street, Dallas, spoke against the Concept Plan. 2)Bill Walker, 1722 Routh Street, Dallas, spoke against the Concept Plan. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A.Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Stover convened into Executive Session at 8:09 p.m. Mayor Stover adjourned the Executive Session at 8:22 p.m. and opened the Regular Session. cm011111 Page 4 of 13 REGULAR SESSION (Open to the Public) At this time, Mayor Stover opened the Public Hearing for Item 12 to be considered at the same time. 12.PUBLIC HEARING: Consider approval of Case No. PD-237R3-HC, QuikTrip, a zoning change request from PD-237R2-HC (Planned Development-237 Revision 2-Highway Commercial) to PD- 237R3-HC (Planned Development-237 Revision 3-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. Jim Billman, applicant, addressed Council. J.D. Dudley, applicant, answered questions from Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that the following signed up to speak: 1)Nasim Shakeeb, 101 E. Belt Line Rd., spoke against the item. 2)Jill Hoenig, 411 Woodhurst Dr., spoke in favor of the item. 3)Pamela Spadaro, 439 Woodhurst Dr., spoke in favor of the item. 4)Henry Billingsley, 1722 Routh Street, Dallas, spoke against the item. 5)Lee Tanner, 135 Beaver Run Dr., spoke in favor of the item. 6)Robert Calabro, 116 Hearthwood, spoke in favor of the item. 7)Gene Liese, 458 Cobblestone Trail, spoke in favor of the item. 8)Todd Jones, 314 Fairview Court, spoke in favor of the item. cm011111 Page 5 of 13 Item 11: Action: Councilmember Brancheau moved to close the Public Hearing and approve Case No. PD-237R2-HC, Lesley Retail, a zoning change request from A (Agriculture) to PD-237R2-HC (Planned Development-237 Revision 2-Highway Commercial), to attach a Concept Site Plan for hotel, office and retail development on 28.14 acres of land located at the northeast corner of Hackberry Drive and South Belt Line Road. Councilmember Faught seconded the motion; the motion failed 7-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting against the motion; And Item 12: Action: Councilmember Hunt moved to continue the Public Hearing to the January 25, 2011 Council meeting to delineate the conditions for potential approval of Case No. PD-237R3-HC, QuikTrip, a zoning change request from PD-237R2-HC (Planned Development-237 Revision 2-Highway Commercial) to PD-237R3-HC (Planned Development-237 Revision 3-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.Councilmember Hinojosa-Flores seconded the motion; the motion carried 4-3 with Councilmembers Brancheau, Hinojosa-Flores, Franklin and Hunt voting in favor of the motion and Mayor Pro Tem Mahalik and Councilmembers Tunnell and Faught voting against the motion. 13.Consider approval of an Ordinance for Case No. PD-248-SF-18 (CH) Carter Estates, for a zoning change from SF-12 (Single Family-12) and A (Agriculture) to PD-248-SF-18 (Planned Development 248-Single Family-18), to establish zoning which is reflective of the existing development and lotting patterns within this 38 acres of property generally located south of Bethel School Road, west of Moore Road and north of Belt Line Road (DART ROW) and authorizing the Mayor to sign. cm011111 Page 6 of 13 Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Action: Councilmember Tunnell moved to approve Ordinance No. 91500-A-558 for Case No. PD-248-SF-18 (CH) Carter Estates, for a zoning change from SF-12 (Single Family-12) and A (Agriculture) to PD-248-SF-18 (Planned Development 248-Single Family-18), to establish zoning which is reflective of the existing development and lotting patterns within this 38 acres of property generally located south of Bethel School Road, west of Moore Road and north of Belt Line Road (DART ROW) and authorizing the Mayor to sign. Mayor Pro Tem Mahalik 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. A short recess was held at this time. 14.Consider approval of a Resolution approving the terms and conditions of the Dallas County Mutual Aid Interlocal Agreement and authorizing the Mayor to sign. Presentation: Kevin Richardson, Fire Chief, made a presentation to Council. Action: Councilmember Tunnell moved to approve Resolution No. 2011-0111.1 approving the terms and conditions of the Dallas County Mutual Aid Interlocal Agreement and authorizing the Mayor 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. 15.Consider approval of an Ordinance to adopt the 2011 Edition of the National Electrical Code, as amended, providing an effective date, and authorizing the Mayor to sign. cm011111 Page 7 of 13 Presentation: Tim Oates, Deputy Fire Chief, and Michael Arellano, Chief Building Official, made a presentation to Council on Items 15-23 since they were all similar in nature. Action: Councilmember Faught moved to approve Items 15 through 23: Item 15: Ordinance No. 2011-1262 to adopt the 2011 Edition of the National Electrical Code, as amended, providing an effective date, and authorizing the Mayor to sign; And Item 16: Ordinance No. 2011-1263 to adopt the 2009 Edition of the International Building Code, as amended, providing an effective date, and authorizing the Mayor to sign; And Item 17: Ordinance No. 2011-1264 to adopt the 2009 Edition of the International Energy Conservation Code, as amended, providing an effective date, and authorizing the Mayor to sign; And Item 18: Ordinance No. 2011-1265 to adopt the 2009 Edition of the International Fire Code, as amended, providing an effective date, and authorizing the Mayor to sign; And cm011111 Page 8 of 13 Item 19: Ordinance No. 2011-1266 to adopt the 2009 Edition of the International Fuel Gas Code, as amended, providing an effective date, and authorizing the Mayor to sign; And Item 20: Ordinance No. 2011-1267 to adopt the 2009 Edition of the International Mechanical Code, as amended, providing an effective date, and authorizing the Mayor to sign; And Item 21: Ordinance No. 2011-1268 to adopt the 2009 Edition of the International Plumbing Code, as amended, providing an effective date, and authorizing the Mayor to sign; And Item 22: Ordinance No. 2011-1269 to adopt the 2009 Edition of the International Property Maintenance Code, as amended, providing an effective date, and authorizing the Mayor to sign; And Item 23: Ordinance No. 2011-1270 to adopt the 2009 Edition of the International Residential Code, as amended, providing an effective date, and authorizing the Mayor 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. cm011111 Page 9 of 13 16.Consider approval of an Ordinance to adopt the 2009 Edition of the International Building Code, as amended, providing an effective date, and authorizing the Mayor to sign. This item was considered with Item 15. See Item 15 for minutes. 17.Consider approval of an Ordinance to adopt the 2009 Edition of the International Energy Conservation Code, as amended, providing an effective date, and authorizing the Mayor to sign. This item was considered with Item 15. See Item 15 for minutes. 18.Consider approval of an Ordinance to adopt the 2009 Edition of the International Fire Code, as amended, providing an effective date, and authorizing the Mayor to sign. This item was considered with Item 15. See Item 15 for minutes. 19.Consider approval of an Ordinance to adopt the 2009 Edition of the International Fuel Gas Code, as amended, providing an effective date, and authorizing the Mayor to sign. This item was considered with Item 15. See Item 15 for minutes. 20.Consider approval of an Ordinance to adopt the 2009 Edition of the International Mechanical Code, as amended, providing an effective date, and authorizing the Mayor to sign. This item was considered with Item 15. See Item 15 for minutes. 21.Consider approval of an Ordinance to adopt the 2009 Edition of the International Plumbing Code, as amended, providing an effective date, and authorizing the Mayor to sign. This item was considered with Item 15. See Item 15 for minutes. 22.Consider approval of an Ordinance to adopt the 2009 Edition of the International Property Maintenance Code, as amended, providing an effective date, and authorizing the Mayor to sign. This item was considered with Item 15. See Item 15 for minutes. cm011111 Page 10 of 13 23.Consider approval of an Ordinance to adopt the 2009 Edition of the International Residential Code, as amended, providing an effective date, and authorizing the Mayor to sign. This item was considered with Item 15. See Item 15 for minutes. 24.Consider adoption of the Legislative Agenda for the 2011 Legislative Session. Presentation: Clay Phillips, City Manager, made a presentation to Council. Action: Councilmember Brancheau moved to approve the adoption of the Legislative Agenda for the 2011 Legislative Session. 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. 25.City Manager's Report. A.Project Update and Future Agendas. A.City Manager Clay Phillips reminded Council of a Special City thnd Council Meeting on January 18 at 6 p.m. in the 2 Floor Conference Room of Town Center. At that meeting, Council will review the Comprehensive Land Use Plan for potential adoption at th the next Council Meeting on January 25, and City Facility Usage, including youth sports, the theater and the Community Center. Mr. Phillips also reminded Council of a meeting with st Representative Jim Jackson on January 21 to discuss state legislative priorities. 26.Mayor and Council Reports. A.Report by Mayor Stover regarding Metroplex Mayors’ Meeting. B.Report by Mayor Stover regarding the meeting with State Legislators on Coppell legislative priorities. cm011111 Page 11 of 13 A.City Manager Clay Phillips updated Council on the Metroplex Mayors’ Meeting. The guest speaker was from the National Center for Policy Analysis who discussed health care and other federal government related issues. B.Mayor Stover thanked Councilmembers Hunt, Franklin and Brancheau for attending the legislative meetings with Senators Harris and Shapiro. Members of the Council will be going to nd Austin the 2 week of February to meet with the Legislators to further discuss local issues. 27.Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. st Mayor Stover mentioned that he will be visiting with the 1 graders from Mockingbird Elementary. 28.Necessary action resulting from Executive Session. Action: Councilmember Brancheau moved to approve a release of liability by and between Rick and Peggy Bureau for a nuisance claim for property located at 527 Beverly Drive, Coppell, Texas, in the form of Exhibit A and in the amount not to exceed $7,353.40, and authorize 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. cm011111 Page 12 of 13 There being no further business to come before the City Council, the meeting was adjourned. Adjournment. N. Stover, Mayor ATTEST: C ristel Pettmos, City Secr tary CnIol1111 Page 13 of 13