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CM 2012-07-10. Col"PF� ELL City of Coppell, Texas Minutes City Council 255 Parkway Boulevard Coppell, Texas 75019-9478 Tuesday, July 10, 2012 5:30 PM Council Chambers KAREN HUNT TIM BRANCHEAU Mayor Mayor Pro Tem BOB MAHALIK BILLY FAUGHT Place 2 Place 5 WES MAYS MARVIN FRANKLIN Place 3 Place 6 GARY RODEN AARON DUNCAN Place 4 Place 7 CLAY PHILLIPS City Manager Present 8 - Karen Hunt;Tim Brancheau;Bob Mahalik;Wes Mays;Gary Roden;Billy Faught;Marvin Franklin and Aaron Duncan 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, July 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 Hunt called the meeting to order, determined that a quorum was present and convened into Executive Session at 5:45 p.m. 2. Executive Session (Closed to the Public) 1st Floor Conference Room Section 551.087, Texas Government Code - Economic Development Negotiations. A. Discussion regarding economic development prospects north of Bethel Road and east of S. Coppell Road. Discussed under Executive Session Section 551.072, Texas Government Code - Deliberation regarding Real Property. City of Coppell, Texas Page 1 City Council Minutes July 10, 2012 B. Discussion regarding property matters that concern property west of Royal Lane and south of Bethel Road. 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. Discussion regarding the acquisition of real property located at 265 Parkway, Coppell, Texas. Discussed under Executive Session Section 551.071, Texas Government Code - Consultation with City Attorney. D. Discussion regarding an Interlocal Agreement with the City of Carrollton for deannexation of certain land and annexation of the same into the City of Coppell. Discussed under Executive Session E. Consultation with the City Attorney in regards to Cause Number 05 -10 -00283 -CV, styled Mira Mar Development Corporation v. City of Coppell, Texas. Discussed under Executive Session 3. Work Session (Open to the Public) 1st Floor Conference Room A. Discussion regarding the Annual Appointments to Boards and Commissions. B. Discussion of Agenda Items. Presented in Work Session RECEPTION IN ATRIUM FROM 6:30 P.M. TO 7:30 P.M Mayor Hunt recessed Executive Session at 6:28 p.m. and reconvened into the Regular Session to attend the Reception in the Atrium from 6:30 p.m. to 7:30 p.m. Regular Session (Open to the Public) 4. Invocation 7:30 p.m. Councilmember Marvin Franklin gave the Invocation. 5. Pledge of Allegiance Mayor Hunt led those present in the Pledge of Allegiance. City of Coppell, Texas Page 2 City Council Minutes July 10, 2012 6. Swearing in of Councilmember Place 3. Mayor Hunt swore in Wes Mays as Councilmember Place 3. At this time, the makeup of Council is as follows: Karen Hunt, Mayor Tim Brancheau, Mayor Pro Tem Bob Mahalik, Place 2 Wes Mays, Place 3 Gary Roden, Place 4 Billy Faught, Place 5 Marvin Franklin, Place 6 Aaron Duncan, Place 7 7. Presentation by Texas Municipal Library Directors Association of the 2011 Achievement of Excellence in Libraries Award. Sue Compton presented the 2011 Achievement of Excellence in Libraries Award to Vicki Chiavetta, Library Director, Jane Darling, Assistant Library Director, and Patricia Nicks, Library Board Chair. 8. Presentation of an award to the Coppell Aquatic and Recreation Center from Ellis & Associates as the recipient of the 2011 Gold International Aquatic Safety Award. Steve Miller with Ellis and Associates presented the 2011 Gold International Aquatic Safety Award to Jessica Carpenter, Aquatic Manager, and Coppell Aquatic and Recreation staff. 9. Citizens' Appearance 1) Kent Moore, 400 Southwestern Blvd., spoke regarding the new City Council and the election responses. 10. Consent Agenda A. Consider approval of minutes: June 12, 2012. A motion was made by Councilmember Bob Mahalik, seconded by Councilmember Marvin Franklin, to approve Agenda Items A -F on the Consent Agenda. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahal ik;Council member Wes Mays; Council member Gary Roden; Council member Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan B. Consider approval of an Ordinance for CASE NO. PD -171 R3 -HC, GTE Shared Services Addition (Clear C2 Office), a zoning change request from PD -171 -HC (Planned Development -171 -Highway Commercial) to PD -171 R3 -HC (Planned Development -171 Revision 3 -Highway Commercial), to revise the Concept Site Plan on 9.74 acres of property City of Coppell, Texas Page 3 City Council Minutes July 10, 2012 and attach a Detail Site Plan for a 11,077 -square -foot office building on 2.09 acres of property located on the north side of Canyon Drive, east of S.H. 121 and authorizing the Mayor to sign. A motion was made by Councilmember Bob Mahalik, seconded by Councilmember Marvin Franklin, to approve Agenda Items A -F on the Consent Agenda. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahal ik;Council member Wes Mays; Council member Gary Roden; Council member Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Enactment No: 91500-A-0590 C. Consider approval of Ordinance for CASE NO. PD -235-0 to SF -12, Akula, a zoning change request from PD -235-0 (Planned Development -235 -Office) to SF -12 (Single Family -12), to allow 0.83 acres of this property to be incorporated with the adjacent 1.46 acres of property to permit the development of one single-family home located at 1180 Sandy Lake Road and authorizing the Mayor to sign. A motion was made by Councilmember Bob Mahalik, seconded by Councilmember Marvin Franklin, to approve Agenda Items A -F on the Consent Agenda. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahal ik;Council member Wes Mays; Council member Gary Roden; Council member Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Enactment No: 91500-A-0591 D. Consider approval of an Ordinance for CASE NO. PD -116R2 -SF -7, Chaucer Estates, Lots 4 & 7, Block C, a zoning change request from PD -116R -SF -7 (Planned Development -116 Revised -Single Family -7) to PD -116R2 -SF -7 (Planned Development -116 Revision 2 -Single Family -7), to relocate and modify the existing rear fences on 187 Chaucer Court and 101 Dickens Drive and authorizing the Mayor to sign. A motion was made by Councilmember Bob Mahalik, seconded by Councilmember Marvin Franklin, to approve Agenda Items A -F on the Consent Agenda. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahal ik;Council member Wes Mays; Council member Gary Roden; Council member Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Enactment No: 91500-A-0592 E. Consider approval of an Ordinance for CASE NO. PD -194R4 -LI, Amberpoint Business Park, Lot 2R -3R, Block A, a zoning change request from PD -194R3 -LI (Planned Development -194 Revision 3 -Light Industrial) to PD -194R4 -LI (Planned Development -194 Revision 4 -Light Industrial), to attach a Detail Site Plan for a City of Coppell, Texas Page 4 City Council Minutes July 10, 2012 300,800 -square -foot office/warehouse building on 19.4 acres of property located on the east side of Northpoint Drive, north of Wagon Wheel Park and authorizing the Mayor to sign. A motion was made by Councilmember Bob Mahalik, seconded by Councilmember Marvin Franklin, to approve Agenda Items A -F on the Consent Agenda. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahal ik;Council member Wes Mays; Council member Gary Roden; Council member Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Enactment No: 91500-A-0593 F. Consider approval of an Ordinance of the City of Coppell, Texas, amending Article 1-9 of the Code of Ordinances by repealing the current Article 1-9 and replacing with a new Article 1-9 of the Records Management Program; and authorizing the Mayor to sign. A motion was made by Councilmember Bob Mahalik, seconded by Councilmember Marvin Franklin, to approve Agenda Items A -F on the Consent Agenda. The motion passed by an unanimous vote. Aye: 6 - Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahal ik;Council member Wes Mays; Council member Gary Roden; Council member Billy Faught and Councilmember Marvin Franklin Enactment No: ORD 2012-1311 End of Consent Agenda 11. PUBLIC HEARING: Consider approval of CASE NO. PD -255 -SF, Westhaven, a zoning change request from HC (Highway Commercial) to PD -255 -SF (Planned Development -255 -Single Family), to permit the development of 297 residential lots and 37 common area lots on 93.8 acres of property located south of S.H. 121, approximately 450 feet west of Magnolia Park. Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and asked for the following to speak: 1) Brad Meyer and Terry Mitchell, 300 E. Carpenter Fwy., Ste. 940, representing the applicant. 2) Laura Gough, 542 Gifford Dr., wrote in against the tree mitigation waiver. An Executive Session was called at 9:30 p.m. and adjourned at 9:39 p.m. Council reconvened into Regular Session at 9:46 p.m. A motion was made by Councilmember Gary Roden, seconded by Councilmember Aaron Duncan, to close the Public Hearing and approve the Agenda Item subject to the following conditions: City of Coppell, Texas Page 5 City Council Minutes July 10, 2012 1) Resolution to the sanitary sewer issue; 2) Approval of the Floodplain study (CLOMR); 3) The Final Plat shall include the fee simple dedication of the hike and bike trail; 4) Tree mitigation fee to be $225, 000; and 5) Along the perimeter of SH 121 the caliper per tree shall be increased from 3" to 4". The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahal ik;Council member Wes Mays; Council member Gary Roden; Council member Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan 12. Consider approval of the Westhaven, Preliminary Plat, being a preliminary plat to permit the development of 297 residential lots and 37 common area lots on 93.8 acres of property located south of S.H. 121, approximately 450 feet west of Magnolia Park. Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to Council. A motion was made by Councilmember Marvin Franklin, seconded by Mayor Pro Tem Tim Brancheau, that this Agenda Item be approved sunbject to the following conditions: 1) On -street parking areas will be platted as X (common area) lots; 2) The Final Plat shall include the fee simple dedication of the hike and bike trail; 3) Resolution to the sanitary sewer issue; and 4) Approval of the Floodplain study (CLOMR). The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahal ik;Council member Wes Mays; Council member Gary Roden; Council member Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan 13. Consider approval of the Ridgecrest Estates, Preliminary Plat, to allow 26 single-family lots and two (2) common area lots on 6.69 acres of property located at the northeast corner of East Sandy Lake Road and Lodge Street. Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to Council. City of Coppell, Texas 1) Matt Alexander, 5225 Village Creek Dr., representing the applicant, addressed Council. A motion was made by Councilmember Billy Faught, seconded by Councilmember Marvin Franklin, that this Agenda Item be approved subject to the following conditions: 1) During detail engineering plan review the drainage will also be further Page 6 City Council Minutes July 10, 2012 evaluated; 2) A tree removal permit will be required prior to the removal of any trees; and 3) Park Development fees in the amount of $1,285 will be assessed at the time of the Final Plat. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahal ik;Council member Wes Mays; Council member Gary Roden; Council member Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan 14. Consider granting the Planning & Zoning Commission authority for final plat approval of Ridgecrest Estates, to allow 26 single-family lots and two (2) common area lots on 6.69 acres of property located at the northeast corner of East Sandy Lake Road and Lodge Street. Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to Council. A motion was made by Mayor Pro Tem Tim Brancheau, seconded by Councilmember Bob Mahalik, that this Agenda Item be approved. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahal ik;Council member Wes Mays; Council member Gary Roden; Council member Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan 15. Consider approval of an Engineering Services contract with J. Volk Consulting, Inc. in the amount of $348,500.00 for the design of Mockingbird Lane and Whispering Hills Drive; as provided for by the Cent Sales Tax for Street Maintenance; and authorizing the City Manager to sign and execute all necessary documents. Presentation: Keith Marvin, Civil Engineer, made a presentation to Council. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Wes Mays, that this Agenda Item be approved. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahal ik;Council member Wes Mays; Council member Gary Roden; Council member Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan 16. Consider approval of a License Agreement between the City of Coppell and Ronald D. Hinds and Jeanne Crandall to allow for the continued use of a portion of a sanitary sewer easement located at 965 Gibbs Crossing; and authorizing the City Manager to sign and execute any necessary documents. At this time, Councilmember Faught left the Council Chambers. Presentation: Ken Griffin, Director of Engineering, made a presentation to Council. City of Coppell, Texas Page 7 City Council Minutes July 10, 2012 1) Ronald Hinds, 965 Gibbs Crossing, representing the homeowner, addressed Council. A motion was made by Mayor Pro Tem Tim Brancheau, seconded by Councilmember Marvin Franklin, that this Agenda Item be approved as written in the agreement by the City Attorney. The motion passed 4-2, with Councilmembers Mahalik and Mays voting against the motion. Aye: 4 - Mayor Pro Tem Tim Brancheau;Councilmember Gary Roden; Council member Marvin Franklin and Councilmember Aaron Duncan Nay: 2 - Councilmember Bob Mahalik and Councilmember Wes Mays 17. Consider approval of an ordinance of the City of Coppell amending the Code of Ordinances by adding Article 15-15 regulating the discharge of wastes into the municipal separate storm sewer system (MS4) and surface water within the City of Coppell by establishing a Storm Water Quality Management and Illicit Discharge Ordinance; and authorizing the Mayor to sign and execute any necessary documents. At this time, Councilmember Faught returned to the Council Chambers. Presentation: Mike Garza, Graduate Engineer, made a presentation to Council. A motion was made by Councilmember Gary Roden, seconded by Councilmember Wes Mays, that this Agenda Item be approved. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahal ik;Council member Wes Mays; Council member Gary Roden; Council member Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Enactment No: ORD 2012-1312 18. PUBLIC HEARING: Consider approval of an Ordinance designating AD Amberpoint 300, LLC, Reinvestment Zone No. 71 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Bob Mahalik, to close the Public Hearing and approve the Agenda Item. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahal ik;Council member Wes Mays; Council member Gary Roden; Council member Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Enactment No: ORD 2012-1313 City of Coppell, Texas Page 8 City Council Minutes July 10, 2012 19. Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and AD Amberpoint 300, LLC, and authorizing the Mayor to sign. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. A motion was made by Councilmember Aaron Duncan, seconded by Councilmember Billy Faught, that this Resolution be approved. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahal ik;Council member Wes Mays; Council member Gary Roden; Council member Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Enactment No: 2012-0710.1 20. Consider approval of an Economic Development Agreement by and between the City of Coppell and Geoforce, Inc., and authorizing the Mayor to sign. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, that this Agenda Item be approved. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahal ik;Council member Wes Mays; Council member Gary Roden; Council member Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan 21. Discuss and consider approving a Resolution to enter into an Interlocal Agreement with the City of Carrollton for deannexation of certain land and annexation of the same into the City of Coppell, Texas; and, authorizing the Mayor to sign said Resolution and Agreement. A motion was made by Councilmember Billy Faught, seconded by Councilmember Aaron Duncan, that this Resolution be approved. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahal ik;Council member Wes Mays; Council member Gary Roden; Council member Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan 22. Discuss and consider approving a Resolution authorizing the City Manager and City Attorney to purchase or in lieu thereof, to acquire by eminent domain, real property located at 265 Parkway, Coppell, Texas; and, authorizing the Mayor to sign. Pulled 23. City Manager Reports City of Coppell, Texas Page 9 City Council Minutes July 10, 2012 Project Updates and Future Agendas. Read and Filed City Manager Clay Phillips reminded Council that Budget Workshops will be held on July 17th and July 30th. Various Goals and Objectives will be coming forward in the upcoming meetings in August. Mr. Phillips announced that Old Coppell is continuing to proceed and the community is responding. Construction along Deforest Road continues. It is one way traffic, so people will be cited for not obeying traffic signs. The project on Sandy Lake Road is still on hold until the issue is resolved between Oncor and Mr. Keeping. Finally, Coppell made D Magazine's Top Suburbs. 24. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. Nothing to report. At this time, Mayor Hunt recessed the Regular Session and reconvened into Executive Session at 11:09 p.m. Mayor Hunt adjourned Executive Session at 11:35 p.m. and convened into Work Session. Mayor Hunt adjourned Work Session at 11:44 p.m. and reconvened into the Regular Session. 25. Necessary Action from Executive Session Adjournment Nothing to report. being po furtPer business to come before the City Council, the meeting was Selbo Hunt, ATTEST: Christel Pettinos, City Secrortary City of Coppell, Texas Page 10