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CM 2011-11-08255 Parkway Boulevard City of Coppell, Texas Coppell, Texas 75019-9478 Minutes – Final City Council Tuesday, November 8, 2011 5:30 PM Council Chambers DOUG STOVER MARSHA TUNNELL Mayor Mayor Pro Tem TIM BRANCHEAU BILLY FAUGHT Place 1 Place 5 BOB MAHALIK MARVIN FRANKLIN Place 2 Place 6 BRIANNA HINOJOSA-FLORES KAREN HUNT Place 3 Place 7 CLAY PHILLIPS City Manager Also present were City Manager Clay Phillips, Deputy City Secretary Chiquita Taylor and City Attorney Robert Hager. The City Council of the City of Coppell met in Regular Called Session on Tuesday, November 8, 2011, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. 1. Call to Order Mayor Stover called the meeting to order, determined that a quorum was present and convened into Executive Session at 5:40 p.m. Present 8 - Douglas N. Stover;Tim Brancheau;Bob Mahalik;Brianna Hinojosa-Flores;Marsha Tunnell;Billy Faught;Marvin Franklin and Karen Hunt 2. Executive Session Closed to the Public 1st Floor Conference Room Section 551.072, Texas Government Code - Deliberation regarding Real Property. City of Coppell, Texas Page 1 A. D. B. A. B. November 8, 2011 City Council Minutes - Final A. Discussion regarding real property north of Bethel Road and east of S. Coppell Road. B. Discussion regarding real property south of Bethel Rd. and east of S. Coppell Road. Discussed under Executive Session Mayor Stover adjourned the Executive Session at 6:30 p.m. and opened the Work Session. 3. Work Session Open to the Public 1st Floor Conference Room A. Discussion of proposed License Agreement wording for encroachments into Andy Brown Jr. Park East. B. Discussion seeking direction on proposed options to facilitate Oncor Utility relocations along Sandy Lake Road. C. Discussion regarding the Canvass of Election Date. D. Discussion regarding appointees for the Dallas and Denton Central Appraisal Districts. E. Discussion regarding Boards and Commission Appointments. Presented in Work Session Mayor Stover adjourned the Work Session and opened the Regular Session. Regular Session Open to the Public 7:30 p.m. 4. Invocation Councilmember Billy Faught led those present in the Invocation. 5. Pledge of Allegiance Mayor Stover led those present in the Pledge of Allegiance. 6. Library Board report to Council presented by Thomas Dwyer. Read and Filed Thomas Dwyer, Chair, gave the board’s semi-annual report. City of Coppell, Texas Page 2 November 8, 2011 City Council Minutes - Final 7. Consider approval of a proclamation proclaiming the week of November 14-20, 2011 as “BULLYING PREVENTION AND AWARENESS WEEK,” and authorizing the Mayor to sign. Mayor Stover read the proclamation for the record and presented the same to Chief Tristan, Officer Jeff Trautman, Sargeant Cayce Williams, Captain Shawn Fullagar and Deputy Chief Matt Kosec of the Coppell Police Department and Dr. Paul Haggan from Coppell ISD. A motion was made by Councilmember Brianna Hinojosa-Flores, seconded by Mayor Pro Tem Marsha Tunnell, that this Agenda Item be Approved . The motion PASSED by an unanimous vote. Aye: 7 - Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Karen Hunt 8. Citizens’ Appearance Mayor Stover advised that no one signed up to speak. 9. Consider approval of minutes: October 25, 2011. A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by Councilmember Bob Mahalik, that this Agenda Item be Approved. The motion PASSED by a unanimous vote. Aye: 7 - Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Karen Hunt 10. PUBLIC HEARING: Consider approval of an Ordinance to provide for the continued taxation of goods-in-transit otherwise to be exempt under section 11.253 of the Texas Property Tax Code, and authorizing the Mayor to sign. Chad Beach, Assistant Finance Director, made a presentation to the Council. Mayor Stover opened the Public Hearing and advised that no one signed up to speak. A motion was made by Councilmember Tim Brancheau, seconded by Councilmember Billy Faught, to Close the Public Hearing and Approve Ordinance No. 2011-1294. The motion PASSED by a unanimous vote. Aye: 7 - Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Karen Hunt City of Coppell, Texas Page 3 November 8, 2011 City Council Minutes - Final 11. Consider approval of an Ordinance for Case No. S-1247R, AT&T Mobility (First Assembly of God Church), a zoning change from S-1247 (Special Use Permit-1247) to S-1247R (Special Use Permit Revised-1247), to allow the co-location of antenna in the existing bell tower and an expansion of the shelter housing the equipment from 22’ x 20’ to 22’ x 30’, on .02 acres of property located at 200 S. Heartz Road and authorizing the Mayor to sign. Gary Sieb, Director of Planning, made a presentation to the Council. A motion was made by Councilmember Billy Faught, seconded by Councilmember Tim Brancheau, that Ordinance No. 91500-A-571 be Approved . The motion PASSED by a unanimous vote. Aye: 7 - Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Karen Hunt 12. PUBLIC HEARING: Consider approval of Case No. S-1233R-LI, AT&T, a zoning change request from LI (Light Industrial) to S-1233R-LI (Special Use Permit-1233 Revised-Light Industrial), to allow nine (9) flush-mounted panel telecommunication antennae to be mounted on an existing water tower and an equipment cabinet within the base of the water tower located at 510 Southwestern Boulevard. Gary Sieb, Director of Planning, made a presentation to the Council. Mayor Stover opened the Public Hearing and advised that no one signed up to speak. A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by Councilmember Bob Mahalik, to Close the Public Hearing and Approve this item with the following conditions. 1. Approval of the License for Communications Facilities between the City and AT&T; and 2. Submission of a locational listingof all AT&T antenna locations in Coppell. The motion PASSED by a unanimous vote. Aye: 7 - Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Karen Hunt City of Coppell, Texas Page 4 November 8, 2011 City Council Minutes - Final 13. PUBLIC HEARING: Consider approval of Case No. PD-201R-TH-2, Riverchase Townhomes, Lot 1, a zoning change request from PD-201-TH-2 (Planned Development-201-Townhouse-2) to PD-201R-TH-2 (Planned Development-201 Revised-Townhouse-2), to allow a 300-square-foot structure (a covered porch) to encroach approximately five feet into the required 12.9 rear-yard setback and the ten-foot drainage/utility easement and exceed the 50% lot coverage on 2,025 square feet of property located at 1115 Bethel School Court. Gary Sieb, Director of Planning, made a presentation to the Council. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Tim Brancheau, to Close the Public Hearing and Approve the item with the following conditions. 1. Indicate the 10-foot easement as a utility/drainage easement on all exhibits; 2. The post and deck/patio shall not block the flow of water through the easement; and 3. The patio structure shall not be enclosed. The motion PASSED by a unanimous vote. Aye: 7 - Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Karen Hunt 14. PUBLIC HEARING: Consider approval of Case No. S-1254-SF-12, Cottonwood Estates, Lot 5R, Block A, a zoning change request from SF-12 (Single Family-12) to S-1254-SF-12 (Special Use Permit 1254-SF-12), to allow the construction of a residence with stucco exterior which exceeds 20% to be located at 133 Cottonwood Drive. Gary Sieb, Director of Planning, made a presentation to the Council. Mayor Stover opened the Public Hearing and advised that no one signed up to speak. A motion was made by Councilmember Tim Brancheau, seconded by Mayor Pro Tem Marsha Tunnell, to Close the Public Hearing and Approve this item with the following conditions: 1. Add the Finish Floor Elevation to the Site Plan; and 2. The development of this property shall be in accordance with the Site Plan, Elevations and Color Board. The motion PASSED by a unanimous vote. Aye: 7 - Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Karen Hunt City of Coppell, Texas Page 5 November 8, 2011 City Council Minutes - Final 15. Consider approval of a License Agreement between the City of Coppell and Red Hawk of Coppell Homeowners Association to allow the use of decorative street and regulatory signs, a gate house, and a welcome wall within the City’s right of way; and authorizing the City Manager to sign and execute any necessary documents. Ken Griffin, Director of Engineering/Public Works, made a presentation to the Council. A motion was made by Councilmember Bob Mahalik, seconded by Councilmember Marvin Franklin, that this Agenda Item be Approved. The motion PASSED by a unanimous vote. Aye: 7 - Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Karen Hunt 16. Consider approval of awarding Bid #Q-1011-01 “Deforest Road Reconstruction” to Tiseo Paving Co. in the amount of $2,096,463.73 and approval of an incentive bonus amount of up to an additional $114,000.00 for a total award of $2,210,463.73, as provided for in the CIP funds; and authorizing the City Manager to sign and execute any necessary documents. Ken Griffin, Director of Engineering/Public Works, made a presentation to the Council. A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by Councilmember Karen Hunt, that this Agenda Item be Approved. The motion PASSED by a unanimous vote. Aye: 7 - Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Karen Hunt 17. Consider approval of an Ordinance establishing the City's participation in the Texas Enterprise Zone Program pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, providing incentives, designating a liaison for communication with interested parties, and nominating Barcel USA, LLC to the Office of the Governor Economic Development & Tourism (EDT) through an Economic Development Bank (Bank) as an enterprise project, providing for an effective date and authorizing the Mayor to sign. Mindi Hurley, Economic Development Coordinator, made a presentation to the Council. A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by Councilmember Brianna Hinojosa-Flores, that Ordinance No. 2011-1295 be Approved. The motion PASSED by a unanimous vote. City of Coppell, Texas Page 6 November 8, 2011 City Council Minutes - Final Aye: 7 - Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Karen Hunt 18. Consider approval of a Resolution approving an Amended and Restated Tax Abatement Agreement between the City of Coppell and Barcel USA, LLC, and authorizing the Mayor to sign. Mindi Hurley, Economic Development Coordinator, made a presentation to the Council. A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by Councilmember Marvin Franklin, that Resolution No. 2011-1108.1 be Approved. The motion PASSED by a unanimous vote. Aye: 7 - Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Karen Hunt 19. Consider approval of a Resolution approving the City of Coppell casting its vote for the fourth member of the Board of Directors of the Dallas Central Appraisal District, and authorizing the Mayor to sign. Clay Phillips, City Manager, made a presentation to the Council. A motion was made by Councilmember Tim Brancheau, seconded by Councilmember Billy Faught, that Resolution No. 2011-1108.2, casting a vote for Michael Hunt be Approved. The motion PASSED by a unanimous vote. Aye: 7 - Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Karen Hunt 20. Consider approval of a Resolution approving the City of Coppell casting its vote(s) for member(s) of the Board of Directors of the Denton Central Appraisal District, and authorizing the Mayor to sign. Clay Phillips, City Manager, made a presentation to the Council. A motion was made by Councilmember Bob Mahalik, seconded by Councilmember Marvin Franklin, that Resolution No. 2011-1108.3, casting a vote for John Mahalik be Approved. The motion PASSED by a unanimous vote. Aye: 7 - Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Karen Hunt City of Coppell, Texas Page 7 November 8, 2011 City Council Minutes - Final 21. Consider appointments to the City’s Boards/Commissions/Committees. Mayor Stover read the City's Board/Commissions/Committees appointments into the record. ANIMAL SERVICES 2 year Regular - Linda Pate-Ulmer 2 year Alternate - Grace Adamson BOARD OF ADJUSTMENT 2 year Regular - Donald Pershbacher & John Hirschy 2 year Alternate - Kathie Troy-Rucker & Jeffrey Turner CONDUCT REVIEW BOARD 2 year Regular - Jonathan Leach, Kathie Troy-Rucker, Shirley Lopez, Ivan Loffler, Laura Burnett, Cathryn Fraser, Marie Reed, Laurie Kirk, Ernest Smallwood, David Wesley, David Weekly, Joseph Brown, Shannon Olmstead & Consuelo Rios-Tankersley COPPELL ECONOMIC DEVELOPMENT 2 year Regular - James Walker, Don Carroll, Monica Diamond & Sue Bird KEEP COPPELL BEAUTIFUL 2 year Regular -Brandi Todd, Tabitha Wilson, Laura Burnett & Noel Schaefers 2 year Alternate - Carmen Prince & Richard Merrill KEEP COPPELL YOUTH 1 year Student - Pooja Marella & Annie Friedman LIBRARY BOARD 2 year Regular - Saul Friedman, Patricia Nicks & Stephen Charters 2 year Alternate - John Boyd LIBRARY BOARD YOUTH 1 year Student - Sai Panguluri & Sashwat Chaturvedi PARK BOARD YOUTH 1 year Student - Tina Huang & Shane Gothman PLANNING & ZONING 2 year Regular - Edmund Haas, Aaron Duncan, Charles Sangerhausen & Craig Pritzlaff SPECIAL COUNCIL 2 year Regular - Jonathan Leach, Annette Ezzell, Melinda Gilliam, Craig Pritzlaff, Glenn Portman, Gerald D'Unger & Consuelo Rios-Tankersley A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by Councilmember Bob Mahalik, that this Agenda Item be Approved. The motion PASSED by a unanimous vote. City of Coppell, Texas Page 8 A. L. K. J. I. H. G. F. E. D. C. B. November 8, 2011 City Council Minutes - Final Aye: 7 - Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Karen Hunt 22. City Manager Reports City Manager, Clay Phillips, reported that planning continues on the Holiday Parade which will be December 3rd. Construction on Old Town will bein on November 14th. The last City Council meeting of the year will be on December 13th. A Special Session meeting will be on November 16th at 7:30 a.m. to Canvass the Election. 23. Mayor and Council Reports 24. Report by Mayor Stover regarding Metroplex Mayor’s Meeting. Read and Filed City Manager, Clay Phillips, and Deputy City Manager, Mario Canizares attended the Metroplex Mayor's Meeting. Jeff Fagan, Executive Director of the DFW Airport gave a presentation. Council Committee Reports 25. Council Committee Reports Carrollton/Farmers Branch ISD/Lewisville ISD - Tunnell. Coppell ISD - Mahalik and Hinojosa-Flores. Coppell Seniors - Brancheau and Faught. Dallas Regional Mobility Coalition -Hunt. International Council for Local Environmental Initiatives (ICLEI) -Brancheau Metrocrest Hospital Authority -Tunnell. Metrocrest Medical Foundation - Mahalik. Metrocrest Medical Services - Hinojosa-Flores. Metrocrest Social Services - Franklin. North Texas Council of Governments - Tunnell. North Texas Commission - Hunt. Senior Adult Services - Franklin. City of Coppell, Texas Page 9 November 8, 2011 City Council Minutes - Final Read and Filed A. Mayor Pro Tem Tunnell reported that Lewisville ISD is having a food drive called ”Stuff the Pantry” through November 17th to assist CCA in providing meals to needy families for Thanksgiving. Carrollton/Farmers Branch ISD is hosting a Movie Night for “The Race to Nowhere” at the Studio Movie Grill on November 14th. B. Councilmember Mahalik reported that Coppell ISD Board of Trustees voted to join the lawsuit against the State of Texas to challenge the current funding system which was set up by the State in 2006. Congratulations to Coppell High School, Coppell Middle School East, Coppell Middle School North, Coppell Middle School West, and Valley Ranch Elementary listed as High Performing Schools by the National Center for Education Achievement. Finally, a Character Education and Anti-Bullying seminar will be held at the Coppell Middle School North Library on November 17th from 6:30-7:30 p.m. C. Councilmember Faught reported that the Coppell Seniors are having a Craft Fair on November 12th from 9-12 p.m. Congratulations to the Senior of the Month, Mr. Tom Garding. Former Mayor, Lou Duggan will be at the Senior Center on November 14th to discuss the history of Coppell. There will also be a seminar on the "Behavior and Emotions of Aging" on November 30th, and a Veteran’s Day come-and-go lunch will be held on November 11th. D. Councilmember Hunt reported that the Dallas Regional Mobility Coalition is working on increasing membership and emphasizing the effects of the lack of funding on transportation in the area. E. Councilmember Brancheau reported that he and Deputy City Manager, Mario Canizares attended a meeting in Austin for the State of Texas Alliance for Recycling. The City of Coppell won the Cis Myers Award for Outstanding Sustainability Program. F. Mayor Pro Tem Tunnell reported that Baylor Medical Center at Carrollton is now a non-profit facility. G. Nothing to report. H. Nothing to report. I. Councilmember Franklin reported that the Financial Management classes began on October 1st. The GED classes will start in January 2012. The partnership with Jewish Family Services began in October with a program to train clients for future employment. J. Mayor Pro Tem Tunnell reported that a workshop on the Vision North Texas Regional Summit was held on October 28th to give an update on the progress of the 2050 plan. K. Councilmember Hunt reported that the Noth Texas Commission has announced the appointment of new officers. Holly Reed is the new Chairwoman and former Fort Worth Mayor, Mike Moncrief is the Vice-Chair. L. Councilmember Franklin reported that Senior Adult Services is undergoing branding efforts. They are expecting to provide bus service to the Coppell area by the end of the year. City of Coppell, Texas Page 10 City Council Minutes - Final November 8, 2011 26. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. Mayor Stover announced that on November 11th a Veteran's Day Luncheon will be held the Senior and Community Center from 11 -3p.m. followed by a ceremony at the Rolling Oaks Memorial Center at 3:00 p.m. Mayor Stover received letters honoring our veterans from Congressman Kenny Marchant, Senators John Cornyn and Kay Bailey- Hutcheson. 27. Necessary Action from Executive Session A motion was made by Mayor Pro Tem Marsha Tunnell to approve a grant agreement with Coppell Economic Development Foundation Inc. in an amount of $81,120 for the sole purpose of the final reconstruction of the Kirkland House, Minyard's Store and restroom facilities, after approval as to form by the City Attorney, and authorize the City Manager to sign. Seconded by Councilmember Bob Mahalik, this Item be Approved. The motion PASSED by a vote of 6 -1. Councilmember Tim Brancheau voted against this item. 28. Adjournment There being no further business to come before the City Council, the meeting was Chiquita T Ior, Deputy ity S City of Coppell, Texas Page 12