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CM 2012-04-10. Col"PF� ELL City of Coppell, Texas Minutes City Council 255 Parkway Boulevard Coppell, Texas 75019-9478 Tuesday, April 10, 2012 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, City Secretary Christel Pettinos and City Attorney Robert Hager. The City Council of the City of Coppell met in Regular Called Session on Tuesday, April 10, 2012, 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 in Executive Session at 5:51 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 551.071, Texas Government Code - Consultation with City Attorney. A. Consultation with the City Attorney in regards to Mira Mar v. City of Coppell. Discussed under Executive Session B. Seek legal advice from the City Attorney concerning the settlement City of Coppell, Texas Page 1 City Council Minutes April 10, 2012 and land purchase agreements with the Billingsleys at Northlake. Discussed under Executive Session Section 551.072, Texas Government Code - Deliberation regarding Real Property. C. Discussion regarding property purchases and matters concerning property located at Northlake. Discussed under Executive Session Section 551.087, Texas Government Code - Economic Development Negotiations. D. Discussion regarding Economic Development prospects west of Freeport Parkway and south of Bethel Road. Discussed under Executive Session E. Discussion regarding Economic Development prospects west of Coppell Road and north of Canyon. Discussed under Executive Session Mayor Stover adjourned the Executive Session at 6:49 p.m. and opened the Work Session. 3. Work Session (Open to the Public) 1st Floor Conference Room A. Update from the Coppell Police Department on 2011 Crime Stats. B. Discussion regarding the Citizen Satisfaction Survey. C. Update on Storm Activities. D. Discussion of Agenda Items. Presented in Work Session Mayor Stover adjourned the Work Session and opened the Regular Session. Regular Session (Open to the Public) 4. Invocation 7:30 p.m. Councilmember Billy Faught gave the Invocation. 5. Pledge of Allegiance Mayor Stover led those present in the Pledge of Allegiance. City of Coppell, Texas Page 2 City Council Minutes April 10, 2012 6. Consider a Proclamation to Celebrate National Library Week. Mayor Stover read the proclamation into the record and presented the same to Vicki Chiavetta, Director of Library Services, Jane Darling, Assistant Director of Library Services and Members of the Library Board. A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by Councilmember Billy Faught, that this Agenda Item be approved. The motion passed by an unanimous vote. Aye: 7 - Councilmember Tim Brancheau;Council member Bob Mahal ik;Council member Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnel 1;CounciImember Billy Faught; Council member Marvin Franklin and Councilmember Karen Hunt 7. Citizens' Appearance Mayor Stover advised that no one signed up to speak. 8. Consent Agenda A. Consider approval of minutes: March 27, 2012. A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by Councilmember Bob Mahalik, that Agenda Items A-E be approved on the Consent Agenda. The Agenda Items passed by an unanimous vote. B. Consider approval of an ordinance amending Article 8-3 Parking, Section 8-3-1(A) of the Code of Ordinances for the City of Coppell to prohibit parking, stopping or standing at all times on the east side of Oxford Place adjacent to Lots 27 and 28 Block A and Lot 1 X in its entirety and the south side of Blackburn Drive adjacent to lot 28 Block A; and authorizing the Mayor 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-E be approved on the Consent Agenda. The Agenda Items passed by an unanimous vote. Enactment No: 2012-1309 C. Consider approval of an Ordinance for Case No. S -1255-C, The Learning Experience, a zoning change from C (Commercial) to S -1255-C (Special Use Permit -1255 -Commercial), to permit an approximate 11,000 -square -foot day care to be located within the existing two-story building, removal of a portion of the parking lot to accommodate the addition of a 5,150 -square -foot outdoor play area with a rubber surface to be located at 123 East Sandy Lake Road 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-E be approved on the Consent Agenda. The Agenda Items passed by an unanimous vote. City of Coppell, Texas Page 3 City Council Minutes April 10, 2012 Enactment No: 91500-A-581 D. Consider approval of an Ordinance for Case No. PD -214R5 -C, Arbor Manors Retail, a zoning change from PD -214R2 -C (Planned Development -214 Revision 2 -Commercial) to PD -214R5 -C (Planned Development -214 Revision 5 -Commercial) to attach a Detail Plan to allow the development of an 11,000 -square -foot retail building to contain retail and office uses including two restaurants on 1.5 acres of property located at 143 South Denton Tap Road 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-E be approved on the Consent Agenda. The Agenda Items passed by an unanimous vote. Enactment No: 91500-A-582 E. Consider award of Bid number Q-0112-01, to Elite Tree Service, for the Tree Maintenance Annual Contract and authorizing the City Manager to execute the necessary documents. A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by Councilmember Bob Mahalik, that Agenda Items A-E be approved on the Consent Agenda. The Agenda Items passed by an unanimous vote. End of Consent Agenda 9. PUBLIC HEARING: Consider approval of Case No. PD -95R -SF -9, Shadow Ridge Estates I, Lot 10, Block A, a zoning change request from PD -95 -SF -9 (Planned Development -95 -Single Family -9) to PD -95R -SF -9 (Planned Development -95 Revised -Single Family -9), to allow for a 767.5 -square -foot garage expansion which encroaches into the required rear yard on 0.33 acres of property located at 202 Southern Belle Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Stover opened the Public Hearing and asked for the following to speak: 1) Jordan Musser, 202 Southern Belle Dr., applicant, answered questions of Council. 2) Marilyn Mohr, 200 River Rd., spoke in favor of the item. 3) Rich Mohr, 200 River Rd., spoke in favor of the item. 4) Kristin Moore, 201 River Rd., spoke in favor of the item. 5) Bruce Moore, 201 River Rd., spoke in favor of the item. 6) Beverly Musser, 1315 Riverchase Dr., spoke in favor of the item. 7) Christy Hodges, 204 River Rd., spoke in favor of the item. A motion was made by Councilmember Bob Mahalik, seconded by Councilmember Marvin Franklin, to close the Public Hearing and approve this Agenda Item. The motion passed by an unanimous vote. City of Coppell, Texas Page 4 City Council Minutes April 10, 2012 Aye: 7 - Councilmember Tim Brancheau;Council member Bob Mahal ik;Council member Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnel 1;CounciImember Billy Faught; Council member Marvin Franklin and Councilmember Karen Hunt 10. PUBLIC HEARING: Consider approval of Case No. PD -199R6 -HC, Zimmer, a zoning change request from PD -199R5 -HC -S-1211 R2 (Planned Development -199 Revision 5 -Highway Commercial -Special Use Permit -1211 Revision 2) to PD -199R6 -HC (Planned Development -199 Revision 6 -Highway Commercial), to revise the Detail Site Plan to allow a sign with a logo which exceeds 20% of the area of the sign on 1.4 acres of property located at 697 E. Highway 121. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Stover opened the Public Hearing and advised no one signed up to speak. 1) Cary Moon, 4040 Vernon, Keller, applicant, answered questions of Council. A motion was made by Councilmember Hunt, seconded by Councilmember Brancheau, to close the Public Hearing and approve this Agenda Item as presented by the applicant. Needing a 3/4 vote of Council to pass, this item failed with Mayor Pro Tem Tunnell and Councilmember Faught voting against the item. Aye: 5 - Councilmember Tim Brancheau;Council member Bob Mahal ik;Council member Brianna Hinojosa-Flores;Councilmember Marvin Franklin and Councilmember Karen Hunt Nay: 2 - Mayor Pro Tem Marsha Tunnell and Councilmember Billy Faught 11. PUBLIC HEARING: Consider approval of Case No. PD -250R -H, Darling Patio Homes, Lots 1 R -32R, Block F, Lots 2R -13R, Block G and Lot 2RX, Block G, Old Town (Main Street), a zoning change request from PD -250-H (Planned Development -250 -Historic), to PD -250R -H (Planned Development -250 Revised -Historic), to establish a Detail Site Plan for Lots 1 R -32R, Block F, Lots 2R- 13R, Block G and Lot 2RX, Block G, to allow 44 patio -home lots and one common area lot on 3.9 acres of property located west of South Coppell Road and north of Burns Street. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Stover opened the Public Hearing and advised that no one signed up to speak. 1) Andy Hoffer, 2500 Legacy Drive, Frisco, applicant, answered questions of Council. 2) Greg Yancey, Box 1790, Coppell, representing the applicant, addressed Council. A motion was made by Councilmember Marvin Franklin, seconded by Mayor City of Coppell, Texas Page 5 City Council Minutes April 10, 2012 Pro Tem Marsha Tunnell, to close the Public Hearing and approve this Agenda Item subject to the following condition: 1) Add to the HOA documents that no parking is permitted within the driveways adjacent to the alleyways. The motion passed by an unanimous vote. Aye: 7 - Councilmember Tim Brancheau;Council member Bob Mahal ik;Council member Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnel 1;CounciImember Billy Faught; Council member Marvin Franklin and Councilmember Karen Hunt 12. PUBLIC HEARING: Consider approval of the Old Town (Main Street) Addition, Lots 1 R -32R, Block F, Lots 2R -13R, Block G and Lot 2RX, Block G, Replat, being a replat of Lot 1, Block F into 32 residential lots, and Lot 2, Block G into 12 residential lots and one common area lot on 3.9 acres of property located west of South Coppell Road and north of Burns Street. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Stover opened the Public Hearing and advised that no one signed up to speak. 1) Greg Yancey, Box 1790, Coppell, representing the applicant, addressed Council. A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by Councilmember Marvin Franklin, to close the Public Hearing and approve this Agenda Item. The motion passed by an unanimous vote. Aye: 7 - Councilmember Tim Brancheau;Council member Bob Mahal ik;Council member Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnel 1;CounciImember Billy Faught; Council member Marvin Franklin and Councilmember Karen Hunt 13. PUBLIC HEARING: Consider updates for Land Use Assumptions, Capital Improvements Plans and the imposition of Impact Fees for Water, Waste Water and Roadway, in accordance with Chapter 395 of the Local Government Code. Presentation: Ken Griffin, Director of Engineering, made a presentation to 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 Brianna Hinojosa-Flores, to close the Public Hearing and direct staff to bring back an ordinance to set impact fees. The motion passed by an unanimous vote. Aye: 7 - Councilmember Tim Brancheau;Council member Bob Mahal ik;Council member Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnel 1;CounciImember Billy Faught; Council member Marvin Franklin and Councilmember Karen Hunt City of Coppell, Texas Page 6 City Council Minutes April 10, 2012 14. Consider approval of an Engineering Services Contract with Teague, Nall, and Perkins, Inc. to provide professional engineering and design services for the Freeport Parkway Infrastructure Improvements (from West Sandy Lake Road to SH 121), Project #ST 05-0213; for a total maximum fee of $514,500; as provided for in CIP and RTR funds; and authorizing the City Manager to sign and execute any necessary documents. Presentation: Mike Garza, Graduate Engineer, made a presentation to Council. A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by Councilmember Marvin Franklin, that this Agenda Item be approved. The motion passed by an unanimous vote. Aye: 7 - Councilmember Tim Brancheau;Council member Bob Mahal ik;Council member Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnel 1;CounciImember Billy Faught; Council member Marvin Franklin and Councilmember Karen Hunt City Manager Reports 15. Project Updates and Future Agendas. Read and Filed City Manager Clay Phillips reported that the Branding Contract will be brought forward to Council no later than the first meeting in May. Regarding Project Updates, Sandy Lake Road, Deforest Road and Old Coppell are all in various stages of construction. Regarding the severe storm on April 3, Mr. Phillips updated Council on the post -activity reports. The City did sound the warning sirens per protocol. Staff is continuing to look at communication efforts and will bring back ideas to consider in the future. The biggest issue the City is facing now are solicitors. To date, 500 solicitors have applications on file, 430 permits have been issued with 75 still pending. A registered solicitor should have their permit visible with a photo showing they have been registered with the City. Regarding solicitors' signs in the yard, the City is allowing these to stay up longer than normal given the magnitude of the storm. This will hopefully cut down on the traffic from other companies. Mr. Phillips praised Waste Management for the great work they did picking up the debris in the neighborhoods. The City's fleet took a major hit with 2/3 of the fleet damaged by the storm and approximately 30 vehicles inoperable. Mr. Phillips advised citizens to stay tuned to the National Weather Service, as well as their radio and television station of choice for future notifications. Mayor and Council Reports 16. Report by Mayor Stover regarding the Plaza Movie Series, Earthfest, Bounce! and the Aquatic and Recreation Center Grand Re -Opening Event. Read and Filed Mayor Stover reported the Plaza Movie Series is still underway and going very well! Upcoming movies include: The Goonies on April 13th and The Zookeeper, City of Coppell, Texas Page 7 City Council Minutes April 10, 2012 April 20th. Earthfest is quickly approaching on April 28th, 10am - 2pm at Town Center Plaza. Bouncel will also be here before we know it on May 12th, 10am - 2pm at Wagon Wheel Park. Regarding the Aquatic and Recreation Center Grand Re -Opening Event, a date has been set and planning Is underway. We will hold a ribbon cutting ceremony on May 26th at 10am and will host a variety of activities Including free swim, tours, face painting, food and refreshments from the Police Explorers, fitness and personal training consultations and morel The event will last from 10am -1 pm. 17. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. Mayor Stover's son, Blake Stover, has chosen to join the Army's Officer Candidate School. 18. Necessary Action from Executive Session Adjournment Nothing to report. There being no further business to come before the Council, this meeting was ATT ST: hristel Pettinos, City Secretary City of Coppe", Texas Page 8