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CM 2011-03-08 MINUTES OF MARCH 8, 2011 The City Council of the City of Coppell met in Regular Called Session on Tuesday, March 8, 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 (late arrival) Tim Brancheau, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Karen Hunt, Councilmember Councilmember Marvin Franklin was absent from the meeting. 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. Mayor Pro Tem Mahalik arrived prior to convening Executive Session. EXECUTIVE SESSION (Closed to the Public) 2.Convene Executive Session Section 551.071, Texas Government Code - A. 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 purchase agreements with the Billingsleys at Northlake. Section 551.087, Texas Government Code – Economic B. Development Negotiations. 1. Economic Development Prospects west of Belt Line Rd. and south of Wrangler Drive. cm030811 Page 1 of 13 Mayor Stover convened into Executive Session at 5:45 p.m. Mayor Stover adjourned the Executive Session at 6:47 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3.Convene Work Session Discussion regarding City Council Retreat. A. Discussion regarding the Joint Meeting with the B. Library Board and Park Board. Discussion regarding dates for the Joint Meeting with C. the Economic Development Committee and the Planning and Zoning Commission. Discussion regarding the ¼ cent sales tax for the D. Crime Control District and the ¼ cent sales tax for Street Maintenance. Discussion of Agenda Items. E. REGULAR SESSION (Open to the Public) 4.Convene Regular Session. 5.Invocation. Jason Graves from Riverside Church of Christ led those present in the Invocation. 6.Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 7.Citizens' Appearances. Mayor Stover advised that no one signed up to speak. cm030811 Page 2 of 13 8.Consider approval of the following consent agenda items: A.Consider approval of minutes: February 22, 2011. B.Consider approval of an Ordinance of the City of Coppell, Dallas County, Texas, amending the Code of Ordinances by amending Section 9-18-1 by adding subsection "B" stating The Standards for Public interactive Water Features and Fountains adopted by the Texas Department of Health Services as Texas Administration Code §265.301 through 265.308, and as amended herein, are hereby adopted as the City of Coppell Public Interactive Water Features and Fountains Construction, Operation and Maintenance Regulations; and authorizing the Mayor to sign. Action: Councilmember Tunnell moved to approve Consent Agenda Items A and B carrying Ordinance No. 2011-1274. Mayor Pro Tem Mahalik seconded the motion; the motion carried 6-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught, and Hunt voting in favor of the motion. 9.Consider approval of an Economic Development Agreement by and among the City of Coppell, Michaels Stores Procurement Company Inc. and Michaels Stores, Inc., and authorizing the Mayor to sign. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to the Council. Action: Councilmember Faught moved to approve an Economic Development Agreement by and among the City of Coppell, Michaels Stores Procurement Company Inc. and Michaels Stores, Inc., and authorizing the Mayor to sign. Councilmember Hunt seconded the motion; the motion carried 6-0 with Mayor Pro Tem Mahalik and Councilmembers cm030811 Page 3 of 13 Brancheau, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 10.PUBLIC HEARING: Consider approval of the Westfork Addition, Lot 2R2, Block A, Replat, being a replat of Lot 2R, Block A, to abandon an existing 15-foot wide utility easement on 1.069 acres of property located at 505 E. Bethel School Road with no conditions. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak. Action: Councilmember Tunnell moved to close the Public Hearing and approve the Westfork Addition, Lot 2R2, Block A, Replat, being a replat of Lot 2R, Block A, to abandon an existing 15-foot wide utility easement on 1.069 acres of property located at 505 E. Bethel School Road with no conditions. Councilmember Hunt seconded the motion; the motion carried 6-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 11.PUBLIC HEARING: Consider approval of Case No. S-1173R, AT&T Mobility, a zoning change request from S-1173 (Special Use Permit-1173) to S-1173R (Special Use Permit Revised-1173), to allow the collocation of antenna on the existing monopole and additional cabinets at the base on 0.028 acres of property located at 1305 Wrangler Circle with no conditions. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. cm030811 Page 4 of 13 Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak. Action: Mayor Pro Tem Mahalik moved to close the Public Hearing and approve Case No. S-1173R, AT&T Mobility, a zoning change request from S-1173 (Special Use Permit-1173) to S-1173R (Special Use Permit Revised-1173), to allow the collocation of antenna on the existing monopole and additional cabinets at the base on 0.028 acres of property located at 1305 Wrangler Circle with no conditions. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 12.PUBLIC HEARING: Consider approval of Case No. PD-224R-HC, Northlake College, a zoning change request from PD-224-HC (Planned Development 224-Highway Commercial) to PD-224R-HC (Planned Development 224 Revised-Highway Commercial), to revise the Concept Plan and attach a Detail Site Plan to permit a Valve Site on 5,625 square feet of property of this 34.94 acre tract of land located on the southeast side of S.H. 121, south of Sandy Lake Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Bill Dahlstrom, representing the applicant, was available for questions. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak. Action: Councilmember Hinojosa-Flores moved to close the Public Hearing and approve Case No. PD-224R-HC, Northlake College, a zoning change cm030811 Page 5 of 13 request from PD-224-HC (Planned Development 224-Highway Commercial) to PD-224R-HC (Planned Development 224 Revised- Highway Commercial), to revise the Concept Plan and attach a Detail Site Plan to permit a Valve Site on 5,625 square feet of property of this 34.94 acre tract of land located on the southeast side of S.H. 121, south of Sandy Lake Road subject to the following condition: 1) Provide a copy of the TXDOT permit to the Engineering Department for a permanent driveway. Councilmember Hunt seconded the motion; the motion carried 6-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa- Flores, Tunnell, Faught and Hunt voting in favor of the motion. 13.Consider approval of the Carter Addition PH III, Preliminary Plat, to subdivide 20.28 acres of property into 24 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 (441 Carter Drive). Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Action: Councilmember Brancheau moved to approve the Carter Addition PH III, Preliminary Plat, to subdivide 20.28 acres of property into 24 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 (441 Carter Drive) subject to the following conditions: 1)Park Development Fees in the amount of $1,285 per unit will be assessed prior to filing of the Final Plat. 2)Tree Removal Permit will be required prior to the start of construction. Based on Tree Survey dated 1/18/11 a check in the amount of $303,900 made out to the City of Coppell Reforestation & Natural Areas Fund will be required to pull permit. 3)FEMA approval of the CLOMR (Conditional Letter of Map Revision) is required prior to the construction of Legacy Drive. 4)There will be additional comments during detailed engineering plan review. cm030811 Page 6 of 13 Councilmember Faught seconded the motion; the motion carried 6-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 14.PUBLIC HEARING: Consider approval of the Carter Addition PH III, Replat/Final Plat, being a replat of Lot 1, Block 1 of the Carter Addition and a final plat of the remaining unplatted property to subdivide 20.28 acres of property into 24 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 (441 Carter Drive). Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Matt Alexander, 5225 Village Creek Drive, Plano, representing the applicant, was available for questions. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak. Action: Councilmember Tunnell moved to close the Public Hearing and approve the Carter Addition PH III, Replat/Final Plat, being a replat of Lot 1, Block 1 of the Carter Addition and a final plat of the remaining unplatted property to subdivide 20.28 acres of property into 24 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 (441 Carter Drive) subject to the following conditions: 1)Park Development Fees in the amount of $1,285 per unit will be assessed prior to filing of the Final Plat. 2)Tree Removal Permit will be required prior to the start of construction. Based on Tree Survey dated 1/18/11 a check in the amount of $303,900 made out to the City of Coppell Reforestation & Natural Areas Fund will be required to pull permit. 3)FEMA approval of the CLOMR (Conditional Letter of Map Revision) is required prior to the construction of Legacy Drive. cm030811 Page 7 of 13 4)There will be additional comments during detailed engineering plan review. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 15. PUBLIC HEARING: Consider approval of Case No. PD-249R-SF-7, Royal Oaks, a zoning change request from SF-12 and O (Single Family-12 and Office) to PD-249R-SF-7 (Planned Development-249 Revised- Single Family-7), to allow the construction of 23 single-family homes and one (1) common area lot on 5.16 acres of property located on the south side of Sandy Lake Road, between Heartz Road and London Way. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. David Kirch, 698 South Bowser, Richardson, representing the applicant, addressed the Council. Tommy Mann, 5400 Renaissance Tower, representing the applicant, addressed the Council. Public Hearing: Mayor Stover opened the Public Hearing and asked for the following people to speak: 1) Wes Mays, 114 London Way, spoke in favor of the item. 2) Randall Williams, 105 South Heartz Road, spoke in favor of the item. Action: Councilmember Hunt moved to close the Public Hearing and approve Case No. PD-249R-SF-7, Royal Oaks, a zoning change request from SF- 12 and O (Single Family-12 and Office) to PD-249R-SF-7 (Planned Development-249 Revised-Single Family-7), to allow the construction of 23 single-family homes and one (1) common area lot on 5.16 acres of cm030811 Page 8 of 13 property located on the south side of Sandy Lake Road, between Heartz Road and London Way subject to the following conditions: 1) The open space lot is more centrally located to lot #11 or #12 which provides better access to all lots within this subdivision, and the cul-de-sac is slightly relocated. 1) Combine the common space with the adjacent residential lot. 2) Park development fees in the amount of $1,285 per lot assessed prior to Final Plat filing. 3) Tree mitigation fees of $119,700 to be paid before a tree removal permit is issued. 4) Additional comments will be generated during Engineering plan review. 5) The number of lots shall remain the same. Councilmember Tunnell seconded the motion; the motion carried 5-1 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Faught and Hunt voting in favor of the motion. Councilmember Tunnell opposed the motion. 16. Consider approval of the Royal Oaks, Preliminary Plat, to subdivide 5.16 acres of property into 23 single-family lots and one (1) common area lot on property located on the south side of Sandy Lake Road between Heartz Road and London Way. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Action: Councilmember Hunt moved to approve the Royal Oaks, Preliminary Plat, to subdivide 5.16 acres of property into 23 single-family lots and one (1) common area lot on property located on the south side of Sandy Lake Road between Heartz Road and London Way subject to the following conditions: 1) The open space needs to be moved toLot11 or 12, making it more usable and convenient for all residents of the subdivision. 2) The cul-de-sac needs to be reconfigured so that the current open space lot can accommodate a building site. 1) No common space area. cm030811 Page 9 of 13 2) Allowing for 22 lots instead of 23 lots. 3) Park development fees in the amount of $1,285 per lot assessed prior to Final Plat filing. 4) Tree mitigation fees of $119,700 to be paid before a tree removal permit is issued. 5) Additional comments will be generated during Engineering plan review. Councilmember Faught seconded the motion; the motion carried 5-1 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Faught and Hunt voting in favor of the motion. Councilmember Tunnell opposed the motion. 17. PUBLIC HEARING: Consider approval of Case No. PD-238R-HC, Coppell Office Village, a zoning change request from PD-238-HC (Planned Development-238-Highway Commercial) to PD-238R-HC (Planned Development-238 Revised-Highway Commercial), to revise the Detail Site Plan to allow a 40-square-foot internally illuminated acrylic monument sign with a stone base on 2.02 acres of property located at 225 East S.H. 121. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council and indicated the applicant would like to postpone this item until the nd March 22 meeting. Public Hearing: Mayor Stover opened the Public Hearing. Action: Councilmember Tunnell moved to continue the Public Hearing to the nd March 22 meeting. Mayor Pro Tem Mahalik seconded the motion; the motion carried 6-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. At this time, Mayor Stover recessed the meeting for a short break. cm030811 Page 10 of 13 18. PUBLIC HEARING: Consider approval of the proposed Comprehensive Land Use Plan and an Ordinance Amending the Code of Ordinances by adding Chapter 12A, Comprehensive Land Use Plan, providing for the adoption of the Coppell 2030 - Comprehensive Master Plan and the Land Use Map thereof by incorporating therein The Comprehensive Plan Update and the Intergovernmental Cooperation Element, and authorizing the Mayor to sign. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Public Hearing: th Mayor Stover continued the Public Hearing from the January 25 meeting and asked for the following people to speak: 1) Alan Hinkley, 12201 Merit Drive, Dallas, spoke in favor of this item. Action: Councilmember Tunnell moved to continue the Public Hearing to the nd March 22 meeting. Councilmember Faught seconded the motion; the motion carried 6-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 19.City Manager's Report. A.Project Update and Future Agendas. A.City Manager Clay Phillips gave an update of various city projects including the Tennis Center, Coppell Aquatic and Recreation Center Expansion, the Clear Creek reconstruction, the Sandy Lake Road tree removal, the Deforest Road utility relocation, the Sidewalk Infill project, and the Belt Line Road paver replacement. Mr. Phillips reminded the Council of the Five Year Plan Budget Workshop th scheduled for March 29. Mr. Phillips also reminded Council of a th Joint Meeting with the Park and Library Boards on April 4 and a th Budget Town Hall on April 5. cm030811 Page 11 of 13 20.Mayor and Council Reports. Report by Mayor Stover regarding the Metroplex A. Mayors’ Meeting. Report by Mayor Stover regarding the Movie Series in B. Town Center Plaza. Report by Mayor Stover regarding Recent Auto and C. Wheel Thefts. A. City Manager Clay Phillips attended the Metroplex Mayors’ Meeting in Mayor Stover’s absence. The discussion related to Oncor Utilities regarding the rolling blackouts during the ice storms in February. Mr. Phillips was also recognized for his Distinguished Alumnus Award from the University of North Texas. B. Mayor Stover announced the Movie Series in Town Center Plaza thth begins on March 18 with the Blindside, followed by March 25 st with the Land of the Lost, April 1 with Nanny McPhee Returns th and April 8 with Journey to the Center of the Earth 3D. C. Mayor Stover asked Chief Tristan to speak on the increase in auto and wheel thefts in the community and surrounding areas. The police believe this is an organized crime ring and have no suspects at this time. Citizens are advised to park next to fences, in garages, and to turn the wheels on their vehicle as prevention tips. 21.Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. Councilmember Tunnell reported that Connections Band will be th performing a free concert at the Town Center Plaza on April 29 to benefit “Nothing but Nets”, a charity that provides mosquito nets for countries that have malaria. 22.Necessary action resulting from Executive Session. Nothing to report. Adjournment. cm030811 Page 12 of 13 There being no further business to com efore the City Council, the meeting was adjourned. A // ' Stover, Mayor ATTEST: A , J '' hristel Pettinos, City Secre 1 1 cm030811 Page 13 of 13