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CM 2011-08-09 MINUTES OF AUGUST 9, 2011 The City Council of the City of Coppell met in Regular Called Session on Tuesday, August 9, 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 Marsha Tunnell, Mayor Pro Tem Tim Brancheau, Councilmember Bob Mahalik, Councilmember Brianna Hinojosa-Flores, Councilmember (late arrival) 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. Councilmember Hinojosa-Flores arrived prior to convening 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, Texas Government Code - Deliberation regarding Real Property. 1. Seek legal advice from the City Attorney concerning the settlement and land purchase agreements with the Billingsleys at Northlake. B.Section 551.072, Texas Government Code - Deliberation regarding Real Property. cm080911 Page 1 of 14 1. Discussion regarding land located south of Bethel Road and east of S. Coppell Road. Mayor Stover convened into Executive Session at 5:42 p.m. Mayor Stover adjourned the Executive Session at 6:03 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3.Convene Work Session A.Discussion regarding Police Department Alarm Fee Permits. B.Overview of RCC Consultants Public Safety Communication Consolidation Report. C.Discussion regarding Planning Department Application Fees. D.Discussion of Agenda Items. Mayor Stover adjourned Work Session at 7:29 p.m. and opened the Regular Session. REGULAR SESSION (Open to the Public) 4.Convene Regular Session. 5.Invocation. Pastor Clayton Coates with First Baptist Church led those present in the Invocation. 6.Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 7.Citizens' Appearances. cm080911 Page 2 of 14 1) Thomas Burrows, 138 Wynnpage, requested a change to the Code of Ordinances regarding grass height. 8.Consider approval of the following consent agenda items: A.Consider approval of minutes: July 26, 2011. B.Consider approval of an Ordinance for Case No. PD- 237R4-HC, QuikTrip, a zoning change from PD-237R3- HC (Planned Development-237 Revision 3-Highway Commercial) to PD-237R4-HC (Planned Development- 237 Revision 4-Highway Commercial), to attach a revised Detail Site Plan, including revised building and canopy elevations, to allow a 5,700-square-foot convenience store with eight (8) gas pump islands on approximately 2.3 acres of land located at the northeast corner of S. Belt Line Road and the proposed extension of Dividend Drive and authorizing the Mayor to sign. C.Consider approval of a 12-month extension to September 8, 2012 for 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 at 441 Carter Drive. D.Consider approval of the annual review of the written Investment Policy of the City of Coppell as provided by the Public Funds Investment Act, Chapter 2256, Texas Government Code. E.Consider approval of an Ordinance of the City of Coppell, Texas, amending the Code of Ordinances by amending Chapter 2, Article 2-3, Keep Coppell Beautiful Board, by amending Section 2-3-2 by providing for the appointment of two (2) Alternates to said board; providing a repealing clause; providing a severability clause; and providing for an effective date. F.Consider approval of accepting the resignation of Shannon Wentz from Keep Coppell Beautiful and recommending Richard Kelley to fill the vacancy. Item B was pulled to be considered separately. cm080911 Page 3 of 14 Action: Mayor Pro Tem Tunnell moved to approve Consent Agenda Items A, C, D, E carrying Ordinance No. 2011-1284, and F. Councilmember Mahalik seconded the motion; the motion carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Faught, Franklin and Hunt voting in favor of the motion. B. Consider approval of an Ordinance for Case No. PD- 237R4-HC, QuikTrip, a zoning change from PD-237R3-HC (Planned Development-237 Revision 3-Highway Commercial) to PD-237R4-HC (Planned Development-237 Revision 4-Highway Commercial), to attach a revised Detail Site Plan, including revised building and canopy elevations, to allow a 5,700-square-foot convenience store with eight (8) gas pump islands on approximately 2.3 acres of land located at the northeast corner of S. Belt Line Road and the proposed extension of Dividend Drive and authorizing the Mayor to sign. At this time, Mayor Pro Tem Tunnell recused herself from the item due to a filed Conflict of Interest Affidavit. Action: Councilmember Faught moved to approve Consent Agenda Item B carrying Ordinance No. 91500-A-570. Councilmember Hinojosa-Flores seconded the motion; the motion carried 6-0 with Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Faught, Franklin and Hunt voting in favor of the motion. At this time, Mayor Pro Tem Tunnell returned to the meeting. 9.PUBLIC HEARING: To receive public comment concerning the proposed 2011- 2012 Budget for the Coppell Crime Control and Prevention District. cm080911 Page 4 of 14 Presentation: Jennifer Miller, Director of Finance, 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: Mayor Pro Tem Tunnell moved to close the Public Hearing concerning the proposed 2011-2012 Budget for the Coppell Crime Control and Prevention District. Councilmember Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Faught, Franklin and Hunt voting in favor of the motion. 10.To approve the proposed 2011-2012 Budget for the Coppell Crime Control and Prevention District. Presentation: Jennifer Miller, Director of Finance, made a presentation to the Council. Action: Councilmember Franklin moved to approve the proposed 2011-2012 Budget for the Coppell Crime Control and Prevention District. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Faught, Franklin and Hunt voting in favor of the motion. 11.Consider approval of the certification of the 2011 anticipated collection rate for the period of July 1, 2011 through June 30, 2012, and the amount of excess debt collections during the period of July 1, 2010 through June 30, 2011. cm080911 Page 5 of 14 Presentation: Jennifer Miller, Director of Finance, made a presentation to the Council. Action: Councilmember Hunt moved to approve the certification of the 2011 anticipated collection rate for the period of July 1, 2011 through June 30, 2012, and the amount of excess debt collections during the period of July 1, 2010 through June 30, 2011. Councilmember Hinojosa-Flores seconded the motion; the motion carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Brancheau, Mahalik, Hinojosa- Flores, Faught, Franklin and Hunt voting in favor of the motion. 12.PUBLIC HEARING: Consider approval of Case No. PD-251-SF-12, Rosebriar Estates, a zoning change request from SF-12 (Single Family-12) to PD- 251-SF-12 (Planned Development-251-Single Family-12), to allow the development of six (6) single-family lots, with a minimum lot size of 12,000 square feet and three (3) common area lots on 2.8 acres of property located south of Sandy Lake Road between Dobecka Drive and Castlebury Court. At this time, Councilmember Brancheau recused himself from the items 12, 13, and 14 due to a filed Conflict of Interest Affidavit. Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to the Council. Public Hearing: Mayor Stover continued the Public Hearing and asked for the following people to speak: 1) Marcia Brancheau, 106 Dobecka, spoke against the item. 2)Renetta Hamilton, 118 Dobecka, spoke against the item. 3)Chris Burgy, 100 Dobecka, spoke against the item. 4)Brad and Michele McClew, 121 Dobecka, spoke against the item. cm080911 Page 6 of 14 Action: Mayor Pro Tem Tunnell moved to close the Public Hearing and deny Case No. PD-251-SF-12, Rosebriar Estates, a zoning change request from SF- 12 (Single Family-12) to PD-251-SF-12 (Planned Development-251-Single Family-12), to allow the development of six (6) single-family lots, with a minimum lot size of 12,000 square feet and three (3) common area lots on 2.8 acres of property located south of Sandy Lake Road between Dobecka Drive and Castlebury Court and waiving the application fees if the applicant reapplies. Councilmember Hunt seconded the motion; the motion carried 6-0 with Mayor Pro Tem Tunnell and Councilmembers Mahalik, Hinojosa-Flores, Faught, Franklin and Hunt voting in favor of the motion. 13.Consider approval of the Rosebriar Estates, Preliminary Plat, to allow the subdivision of 2.8 acres of property into six (6) single-family lots and three (3) common area lots on property located south of Sandy Lake Road between Dobecka Drive and Castlebury Court. Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to the Council. Action: Mayor Pro Tem Tunnell moved to deny the Rosebriar Estates, Preliminary Plat, to allow the subdivision of 2.8 acres of property into six (6) single- family lots and three (3) common area lots on property located south of Sandy Lake Road between Dobecka Drive and Castlebury Court. Councilmember Mahalik seconded the motion; the motion carried 6-0 with Mayor Pro Tem Tunnell and Councilmembers Mahalik, Hinojosa-Flores, Faught, Franklin and Hunt voting in favor of the motion. 14.Consider authorizing the Planning and Zoning Commission to be the Municipal Authority for the approval of the Final Plat for Rosebriar Estates, to allow the subdivision of 2.8 acres of property into six (6) single-family lots and three (3) common cm080911 Page 7 of 14 area lots on property located south of Sandy Lake Road between Dobecka Drive and Castlebury Court. Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to the Council. Action: Mayor Pro Tem Tunnell moved to deny authorizing the Planning and Zoning Commission to be the Municipal Authority for the approval of the Final Plat for Rosebriar Estates, to allow the subdivision of 2.8 acres of property into six (6) single-family lots and three (3) common area lots on property located south of Sandy Lake Road between Dobecka Drive and Castlebury Court. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Tunnell and Councilmembers Mahalik, Hinojosa-Flores, Faught, Franklin and Hunt voting in favor of the motion. Mayor Stover recessed the meeting at 8:54 p.m. for a short break. Mayor Stover reconvened the Regular Session at 9:04 p.m. At this time, Councilmember Brancheau returned to the meeting. 15.PUBLIC HEARING: Consider approval of the Bellacere Addition, Replat, to replat 1.96 acres of property into eight (8) single-family lots and two (2) common area lots located along the north side of Sandy Lake Road, approximately 150 feet east of Summer Place Drive. Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to the Council. Tom Whatley, applicant, was available for questions. cm080911 Page 8 of 14 1)A Tree Removal permit is required prior to start of construction. 2)Park Development Fees in the amount of $1,285 per unit will be required prior to the filing of the final plat. 3)Additional comments may be generated upon detailed engineering review. Councilmember Brancheau seconded the motion; the motion carried 6-1 with Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Faught, Franklin and Hunt voting in favor of the motion. Mayor Pro Tem Tunnell voted against the motion. 17.PUBLIC HEARING: Consider approval of the Vaughan Addition, Lot 1R2, Block 1, Replat, being a replat of Lot 1R, Block 1, of the Vaughan Addition, to reduce the size of the lot from 1.2 acres to 0.3 acres, to allow the replatting of the 0.9 acres into Old Coppell Estates Addition, Lots 4R2 & 5R2, Block 1, on property located at 412 Bethel Road. Marcie Diamond, Assistant Director of Planning, requested that items 17 and 18 be considered together. Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to the Council. Sharon Vaughan, applicant, was available for questions. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak. Action: Mayor Pro Tem Tunnell moved to close the Public Hearing and approve: Item No. 17: Vaughan Addition, Lot 1R2, Block 1, Replat, being a replat of Lot 1R, Block 1, of the Vaughan Addition, to reduce the size of the lot from 1.2 cm080911 Page 10 of 14 Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak. Action: Councilmember Franklin moved to close the Public Hearing and approve the Bellacere Addition, Replat, to replat 1.96 acres of property into eight (8) single-family lots and two (2) common area lots located along the north side of Sandy Lake Road, approximately 150 feet east of Summer Place Drive subject to the following conditions: 1)A Tree Removal permit is required prior to start of construction. 2)Park Development Fees in the amount of $1,285 per unit will be required prior to the filing of the replat. 3)Additional comments may be generated upon detailed engineering review. Councilmember Brancheau seconded the motion; the motion carried 6-1 with Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Faught, Franklin and Hunt voting in favor of the motion. Mayor Pro Tem Tunnell voted against the motion. 16.Consider approval of the Royal Oaks, Final Plat, to subdivide 5.16 acres of property into 22 single-family lots on property located on the south side of Sandy Lake Road between Heartz Road and London Way. Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to the Council. Tommy Cansler, applicant, was available for questions. Action: Councilmember Faught moved to approve the Royal Oaks, Final Plat, to subdivide 5.16 acres of property into 22 single-family lots on property located on the south side of Sandy Lake Road between Heartz Road and London Way subject to the following conditions: cm080911 Page 9 of 14 acres to 0.3 acres, to allow the replatting of the 0.9 acres into Old Coppell Estates Addition, Lots 4R2 & 5R2, Block 1, on property located at 412 Bethel Road. And Item No. 18: Old Coppell Estates Addition, Lots 4R2 & 5R2, Block 1, Replat, being a replat of a portion of the Old Coppell Estates Addition, to incorporate approximately 0.9 acres of Lot 1R, Block 1 of the Vaughn Addition into Lots 4R & 5R, Block 1, Old Coppell Estates Addition, containing a total of approximately 1.4 acres of property, located west of Hearthstone Drive and north of W. Bethel Road, properties known as 357 & 361 Hearthstone Lane. Councilmember Hunt seconded the motion; the motion carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Faught, Franklin and Hunt voting in favor of the motion. 18.PUBLIC HEARING: Consider approval of the Old Coppell Estates Addition, Lots 4R2 & 5R2, Block 1, Replat, being a replat of a portion of the Old Coppell Estates Addition, to incorporate approximately 0.9 acres of Lot 1R, Block 1 of the Vaughn Addition into Lots 4R & 5R, Block 1, Old Coppell Estates Addition, containing a total of approximately 1.4 acres of property, located west of Hearthstone Drive and north of W. Bethel Road, properties known as 357 & 361 Hearthstone Lane. Items 17 & 18 were considered together. Please see Item 17 for the minutes. 19.Consider approval of an Ordinance of the City of Coppell, Texas, ordering a Special Election to be held on November 8, 2011 to consider the continuation and adoption of one-fourth of one percent sales and use tax to provide revenue for maintenance and repair of municipal streets; and, to consider the continuation and the adoption of one-fourth of one percent sales and use tax for crime reduction programs for a ten (10) cm080911 Page 11 of 14 year period; providing for the publication and posting of notice; authorizing the City Manager to execute an Election Agreement and Election Services Contract with Dallas County Elections Department; and providing an effective date. Un decreto del municipio de la ciudad de Coppell, Texas en el cual se convoca una elección especial a llevarse a cabo el 8 de Noviembre del 2011 con el fin de someterse la continuidad y adopción de una cuarta parte del uno por ciento recaudado por el impuesto sobre ventas y uso, para contemplarse dicho ingreso como un recurso económico para el mantenimiento y reparación de las calles municipales; y a someterse la continuidad y adopción de una cuarta parte del uno por ciento recaudado por el impuesto sobre ventas y uso, para los programas de disminución de la criminalidad durante un plazo de diez (10) años, contemplándose la publicación y exhibición de la notificación; autorizándole al regente de la cuidad a ejecutar un convenio electoral y el contrato de servicios de notificación al electorado, con el departamento electoral del condado de Dallas; y contemplarse una fecha en la cual entrará en vigor. Presentation: Clay Phillips, City Manager, made a presentation to the Council. Action: Councilmember Faught moved to approve an Ordinance carrying Ordinance No. 2011-1285 of the City of Coppell, Texas, ordering a Special Election to be held on November 8, 2011 to consider the continuation and adoption of one-fourth of one percent sales and use tax to provide revenue for maintenance and repair of municipal streets; and, to consider the continuation and the adoption of one-fourth of one percent sales and use tax for crime reduction programs for a ten (10) year period; providing for the publication and posting of notice; authorizing the City Manager to execute an Election Agreement and Election Services Contract with Dallas County Elections Department; and providing an effective date. Councilmember Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Faught, Franklin and Hunt voting in favor of the motion. cm080911 Page 12 of 14 20.City Manager's Report. A.Project Update and Future Agendas. A. City Manager Clay Phillips stressed the need for water conservation by citizens due to high temperatures. Mr. Phillips reminded everyone that a Public Hearing on the city budget is rd scheduled for the August 23 council meeting. 21.Mayor and Council Reports. A. Report by Mayor Stover regarding the Summer Music Series in August. A. Mayor Stover reported that the Summer Music Series will continue on each Friday night in August at Town Center Plaza from 8-10 p.m. 22.Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. Councilmember Hunt reported that the Coppell Rotary Club is partnering with the Coppell Fire Department for a school supply drive, “Buy One, Give One”. Supplies may be dropped off at any of the Coppell Fire Stations. Mayor Pro Tem Tunnell reported that the program Coppell Reads has begun. This year’s book is “The Devil in the White City”. Copies are available at the library. Citizens are asked to pass the book on to a neighbor or friend when you are finished reading. Activities will be in October. 23.Necessary action resulting from Executive Session. Action: Councilmember Franklin moved to approve Resolution No. 2011-0809.1 authorizing the purchase of land described as Lots 1 through 7, inclusive, Block A, the Villages of Old Coppell from Kolberg Development LLC; authorizing the City Manager to execute all documents necessary to accomplish such purchase. Councilmember Hunt seconded the motion; cm080911 Page 13 of 14 the motion carried 7 -0 with Mayor Pro Tem Tunnell and Councilmembers Brancheau, Mahalik, Hinojosa - Flores, Faught, Franklin and Hunt voting in favor of the motion. Adjournment. There being no further business meeting was adjourned. before Ae City Council, the Douglas'N.'gtover, Mayor ATT ST: hristel Pettinos, City Secr ary =080911 Page 14 of 14