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CM 2011-12-13A. 255 Parkway Boulevard City of Coppell, Texas Coppell, Texas 75019-9478 Minutes City Council Tuesday, December 13, 2011 5:00 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, City Secretary Christel Pettinos and City Attorney David Dodd. The City Council of the City of Coppell met in Regular Called Session on Tuesday, December 13, 2011, at 5:00 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 5:14 p.m. Douglas N. Stover;Tim Brancheau;Bob Mahalik;Brianna 8 - Present Hinojosa-Flores;Marsha Tunnell;Billy Faught;Marvin Franklin and Karen Hunt Executive Session (Closed to the Public) 1st Floor Conference Room 2. Section 551.072, Texas Government Code - Deliberation regarding Real Property. A. Real Property south of Bethel Road, west of S. Coppell Road. Discussed under Executive Session City of Coppell, Texas Page 1 December 13, 2011 City Council Minutes Section 551.087, Texas Government Code - Economic Development Negotiations. B. Economic Development Prospects north of Interstate 635, east of Freeport Pkwy. Discussed under Executive Session Section 551.071, Texas Government Code - Consultation with City Attorney, and Section 551.072, Texas Government Code - Deliberation regarding Real Property. C. Seek legal advice from the City Attorney concerning the settlement and land purchase agreements with the Billingsleys at Northlake and Luminant. Discussed under Executive Session Mayor Stover adjourned the Executive Session at 5:30 p.m. and opened the Work Session. 3. Work Session (Open to the Public) 1st Floor Conference Room A. Presentation by Fred Hill and Dan Shelley regarding upcoming Legislative Session. B. Discussion regarding the RCC Radio Upgrade Interlocal Agreement with the Police Consortium. C. Discussion regarding the Alarm Management System with PMAM Corporation. D. Discussion regarding Youth Sports Season Schedules. E. Discussion of Agenda Items. Items B & C were pulled from Work Session and presented in the Regular Session. Presented in Work Session Mayor Stover adjourned the Work Session and opened the Regular Session. RECEPTION FOR BOARD/COMMISSION/COMMITTEE MEMBERS IN ATRIUM FROM 6:30 P.M. TO 7:30 P.M. Regular Session (Open to the Public) 4. Invocation 7:30 p.m. Reverend Susan Bryan with First United Methodist Church led those present in the Invocation. City of Coppell, Texas Page 2 December 13, 2011 City Council Minutes Pledge of Allegiance 5. Mayor Stover led those present in the Pledge of Allegiance. Consider approval of a proclamation proclaiming Tuesday, December 13, 2011 as 6. COPPELL COWGIRL APPRECIATION DAY, and authorizing the Mayor to sign. Mayor Stover read the proclamation for the record and presented the same to the Coppell High School Girl's Volleyball team and coaches. 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. 7 - Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Aye: Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Karen Hunt Swearing in of newly appointed Board/Commission/Committee members. 7. Mayor Stover swore in the newly appointed Boards/Commission members. Read and Filed Annual State of the Court Address presented by the Honorable Marian Moseley. 8. Honorable Moseley made her annual State of the Court address to the Council. Presented 9. Citizens’ Appearance Mayor Stover advised that no one signed up to speak. 10. Consent Agenda City of Coppell, Texas Page 3 December 13, 2011 City Council Minutes A. Consider approval of minutes: November 8, 2011 and November 16, 2011. A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by Councilmember Bob Mahalik, that items A-F, H and I be approved on the Consent Agenda. 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 B. Consider approval of an Ordinance amending Chapter 1, Administration, Article 1-5, “City Manager,” Section 1-5-6, “Authority to purchase and approve change orders,” Sub-section (H), by replacing $25,000.00 with $50,000.00; and authorizing the Mayor to sign. A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by Councilmember Bob Mahalik, that items A-F, H and I be approved on the Consent Agenda. 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 Enactment No: 2011-1296 C. Consider approval of an Ordinance amending Chapter 9, “General Regulations,” Article 9-12, “Emergency Alarm Systems,” Section 9-12-4, “Service Fee for False Alarms,” by establishing a fee for false alarms; and authorizing the Mayor to sign. A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by Councilmember Bob Mahalik, that items A-F, H and I be approved on the Consent Agenda. 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 Enactment No: 2011-1297 D. Consider approval of an Interlocal Purchasing Agreement between the Region VIII Education Service Center TIPS/TAPS Program and the City of Coppell; and authorizing the Mayor to sign. A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by Councilmember Bob Mahalik, that Agenda Items A-F, H and I be approved on the Consent Agenda. These items passed by a unanimous vote. City of Coppell, Texas Page 4 December 13, 2011 City Council Minutes E. Consider approval of an Ordinance for Case No. PD-201R-TH-2, Riverchase Townhomes, Lot 1, a zoning change 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 and authorizing the Mayor to sign.. A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by Councilmember Bob Mahalik, that Agenda Items A-F, H and I be approved on the Consent Agenda. These items passed by a unanimous vote. Enactment No: 91500-A-572 F. Consider approval of an Ordinance for Case No. S-1254-SF-12, Cottonwood Estates, Lot 5R, Block A, a zoning change 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 and authorizing the Mayor to sign. A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by Councilmember Bob Mahalik, that Agenda Items A-F, H and I be approved on the Consent Agenda. These items passed by a unanimous vote. Enactment No: 91500-A-573 G. Consider approval of a contract between the City of Coppell and PMAM Corporation for an Alarm Management System; and authorizing the City Manager to sign. Item considered separately under the Regular Agenda. Mac Tristan, Police Chief, made a presentation to the Council. Jim Farmer, Director of PMAM, addressed questions of Council. A motion was made by Councilmember Bob Mahalik, seconded by Councilmember Tim Brancheau, 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 City of Coppell, Texas Page 5 December 13, 2011 City Council Minutes H. Consider approval of the procurement of replacement vehicles through an Interlocal Agreement with Buyboard Contract #358-10; as budgeted; and authorizing the City Manager to sign and execute any necessary documents. A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by Councilmember Bob Mahalik, that Agenda Items A-F, H and I be approved on the Consent Agenda. These items passed by a unanimous vote. I. Consider approval of awarding Bid # Q-1111-01 “Water/Wastewater System Materials” to MSC Waterworks in the amount of $54,534.50 as budgeted; and authorizing the City Manager to sign and execute any necessary documents. A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by Councilmember Bob Mahalik, that Agenda Items A-F, H and I be approved on the Consent Agenda. These items passed by a unanimous vote. End of Consent Agenda 11. Consider approval of an Ordinance for Case No. PD-252-H, Allstate Insurance Office, a zoning change from H (Historic) to PD-252-H (Planned Development-252-Historic), to allow site modifications to support conversion of a residential structure to an office use on 0.25 acres of property located at 709 South Coppell Road and authorizing the Mayor to sign. Mayor Stover opened the Public Hearing for Item 11and advised no one signed up to speak. Items 11 and 12 were considered together. Gary Sieb, Director of Planning, made a presentation to the Council. A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by Councilmember Karen Hunt, to close the Public Hearing and approve items 11 and 12 subject to the following conditions: 1. The carport on the south side of the structure is not original to the structure and appears tacked on. It will not function as a carport and is recommended to be removed. 2. The chain link fence is recommended to be removed as these are not allowed in any district other than Agricultural and in some instances Light Industrial. 3. The parking lot is recommended to be screened with a hedge row or a privacy fence. Details of which shall be shown on the site plan or the elevations. 4. A five-foot landscape area should be provided between the end of the drive aisle and the western property line. This will allow five feet of space for vehicles to back into when maneuvering to leave. The motion PASSED by a unanimous vote. City of Coppell, Texas Page 6 December 13, 2011 City Council Minutes 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. Consider approval of the Cozby Addition, Lot 1, Block A, Minor Plat, to allow site modifications to support conversion of a residential structure to an office use on 0.25 acres of property located at 709 South Coppell Road. This item was considered under item 11. See Item 11 minutes for action. 13. Consider approval of an Ordinance for Case No. PD-241R-C, Red Hawk Office, a zoning change from PD-241-C (Planned Development-241-Commercial) to PD-241R-C (Planned Development-241 Revised-Commercial), to attach a Detail Plan on Lot 28R, to allow the construction of a 7,871-square-foot office building on 0.92 acres of property located at the northwest corner of Denton Tap Road and Bethel School Road and authorizing the Mayor to sign. Mayor Stover opened the Public Hearing for Item 13 and advised no one signed up to speak. Gary Sieb, Director of Planning, made a presentation to the Council. Terry Holmes, applicant, addressed the Council. A motion was made by Councilmember Marvin Franklin, seconded by Mayor Pro Tem Marsha Tunnell, to close the Public Hearing and approve items 13 and 14 subject to the condition of a sidewalk installed along the east side of Blackburn Drive. 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 the Red Hawk Addition, Lot 28R, Block A, Replat, being a replat of Lot 28, Block A, of the Red Hawk Addition, to establish various easements to accommodate an office building on 0.92 acres of property located at the northwest corner of Denton Tap Road and Bethel School Road. This item was considered under item 13. See Item 13 minutes for action. City of Coppell, Texas Page 7 December 13, 2011 City Council Minutes 15. Consider approval of an Ordinance for a text amendment to revise Article 34, Landscaping Regulations of the (primarily Table Zoning Ordinance 1, Plant Palette), to promote the use of Xeriscaping and authorizing the Mayor to sign. Mayor Stover opened the Public Hearing and advised no one signed up to speak. Gary Sieb, Director of Planning, made a presentation to the Council. A motion was made by Councilmember Billy Faught, seconded by Councilmember Tim Brancheau, to close the Public Hearing and approve this Item. 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. PUBLIC HEARING: Consider approval of an Ordinance designating Wrangler Center, LP, Reinvestment Zone No. 67 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign. Mayor Stover opened the Public Hearing for Item 16 and advised no one signed up to speak. Items 16 and 17 were considered together. Mindi Hurley, Economic Development Coordinator, made a presentation to the Council. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Karen Hunt, to close the Public Hearing and approve items 16 and 17. 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 Enactment No: 2011-1299 17. Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell, Wrangler Center, LP and Lanvera LTD, and authorizing the Mayor to sign. This item was considered under Item 16. See Item 16 minutes for action. Enactment No: 2011-1213.1 City of Coppell, Texas Page 8 December 13, 2011 City Council Minutes 18. PUBLIC HEARING: Consider approval of an Ordinance designating Genera Corporation, Reinvestment Zone No. 68 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign. Mayor Stover opened the Public Hearing and advised no one signed up to speak. Mindi Hurley, Economic Development Coordinator, made a presentation to the Council. A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by Councilmember Tim Brancheau, to close the Public Hearing and approve this item. 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 Enactment No: 2011-1300 19. PUBLIC HEARING: Consider approval of an Ordinance designating Scentsy, Inc., Reinvestment Zone No. 69 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign. Mayor Stover opened the Public Hearing for Item 19 and advised no one signed up to speak. Items 19 and 20 were considered together. Mindi Hurley, Economic Development Coordinator, made a presentation to the Council. A motion was made by Councilmember Brianna Hinojosa-Flores, seconded by Councilmember Marvin Franklin, to close the Public Hearing and approve Items 19 and 20. 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 Enactment No: 2011-1301 20. Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Scentsy, Inc., and authorizing the Mayor to sign. This item was considered under item 19. See Item 19 minutes for action. Enactment No: 2011-1213.2 City of Coppell, Texas Page 9 December 13, 2011 City Council Minutes 21. PUBLIC HEARING: Consider approval of an Ordinance designating Genuine Parts Company, Reinvestment Zone No. 66 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign. Mayor Stover opened the Public Hearing for Item 21 and advised no one signed up to speak. Items 21 and 22 were considered together. Mindi Hurley, Economic Development Coordinator, made a presentation to the Council. A motion was made by Councilmember Karen Hunt, seconded by Councilmember Marvin Franklin, to close the Public Hearing and approve Items 21 and 22. 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 Enactment No: 2011-1302 22. Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Genuine Parts Company, and authorizing the Mayor to sign. This item was considered under item 21. See Item 21 minutes for action. Enactment No: 2011-1213.3 23. Discuss and consider approving the First Amendment to Development Agreement between the City of Coppell and CSE Commercial Real Estate, L.P., and authorize the City Manager to sign. Items 23 and 24 were considered together. Mindi Hurley, Economic Development Coordinator, made a presentation to the Council. A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by Councilmember Bob Mahalik, to approve Items 23 and 24. 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 24. Discuss and consider approving the First Amendment to Shared Parking Agreement between the City of Coppell and CSE Commercial Real Estate, L.P., and authorize the City Manager to sign. This item was considered under item 23. See Item 23 minutes for action. City of Coppell, Texas Page 10 December 13, 2011 City Council Minutes 25. Consider approval of a Resolution approving the terms and conditions of an Interlocal Agreement between the City of Carrollton, The City of Farmers Branch, The Town of Addison, and The City of Coppell to enter into Phase II of a Radio System study to determine the feasibility of expansion / upgrading of current radio systems at a cost of $57,387 per city; and authorizing the Mayor to sign. Mac Tristan, Police Chief, made a presentation to the Council. A motion was made by Councilmember Billy Faught, seconded by Councilmember Tim Brancheau, 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 Enactment No: 2011-1213.4 26. Consider approval of Change Order Number 2 to the Old Town Coppell and Bethel Road Infrastructure Improvements (ST 10-02) project to JRJ Paving, L.P. in the amount of $74,677.00; as provided in CIP funds; and authorizing the City Manager to sign all necessary documents. Keith Marvin, Project Engineer, made a presentation to the Council. A motion was made by Councilmember Marvin Franklin, 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 27. Discussion concerning the City’s Water Conservation and Drought Contingency Plan and a date for implementation of Stage 1. Read and Filed Ken Griffin, Director of Engineering and Public Works, made a presentation to the Council. 28. City Manager Reports Project Updates and Future Agendas. Nothing to Report 29. Mayor and Council Reports City of Coppell, Texas Page 11 A. L. K. J. I. H. G. F. E. D. C. B. December 13, 2011 City Council Minutes Report by Mayor Stover regarding Metroplex Mayor’s Meeting. Nothing to Report 30. 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. A. Mayor Pro Tem Tunnell reported that the Lewisville ISD Education Foundation Scholarship deadline is January 30th. The deadline for middle and high school students to turn in Martin Luther King essays is December 16th. Superintendent Dr. Waddell has a new television show call "Insights". Carrollton/Farmers Branch ISD has a new on-line survey seeking input on the 2012-13 academic year. Surveys must be completed by January 2nd. B. Councilmember Mahalik reported that students from Coppell Middle School North donated 6,475 pounds of food the Christian Community Action local food pantry. The Christmas Break starts on December 16th with early release. C. Councilmember Faught reported that the Holiday Lunch will be on December 14th with entertainment by the Coppell High School Choir. The monthly Birthday Potluck will be on December 21st with a gift exchange. An early New Year’s celebration will be on December 28th with countdown starting at 11:59 a.m. D. Councilmember Hunt reported that Dallas Regional Mobility honored Michael Morris for his innovation and leadership. E. Nothing to report. F. Nothing to report. G. Nothing to report. H. Nothing to report. I. Councilmember Franklin reported that Ashley Williams is the new Development Director for Metrocrest Social Services. J. Mayor Pro Tem Tunnell reported that NCTCOG has posted a Super Bowl Report on-line. A General Aviation Summit will be held on February 16th at the Irving Convention Center. K. Councilmember Hunt reported that the North Texas Commission will host a "To The Point: Regionalism" event with Forth Worth Mayor, Betsy Price and Dallas Mayor, Mike Rawlings speaking about regionalism. L. Nothing to report. City of Coppell, Texas Page 12 City Council Minutes December 13, 2011 31. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. Mayor Stover wished everyone a Happy Holiday season. 32. Necessary Action from Executive Session Nothing to report. Adjournment ier business to come before the City Council, the meeting was ATTEST: ristel Pettinos, City Secretary City of Coppell, Texas Page 13