CM 2012-08-14.
Col"PF� ELL
City of Coppell, Texas
Minutes
City Council
255 Parkway Boulevard
Coppell, Texas 75019-9478
Tuesday, August 14, 2012 6:00 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,
August 14, 2012, at 6:00 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 6:03 p.m.
Executive Session (Closed to the Public) 1st Floor Conference Room
2. Section 551.072, Texas Government Code - Deliberation regarding Real Property.
A. Discussion regarding the acquisition of real property located at 265
Parkway Blvd., Coppell, Texas.
Read and Filed
B. Discussion regarding property purchases and matters concerning
property located at Northlake.
City of Coppell, Texas Page 1
City Council Minutes August 14, 2012
Read and Filed
3. Work Session (Open to the Public) 1st Floor Conference Room
Mayor Hunt adjourned the Executive Session at 6:35 p.m. and convened into
Work Session.
A. Discussion regarding an ordinance establishing Urban Residential
District (RBN).
B. Discussion and review of the written Investment Policy.
C. Discussion regarding Boards and Commissions Interview
Preferences.
D. Discussion of Agenda Items.
Read and Filed
Regular Session (Open to the Public)
Mayor Hunt adjourned the Work Session and reconvened into Regular Session.
4. Invocation 7:30 p.m.
Councilmember Wes Mays gave the Invocation.
5. Pledge of Allegiance
Cole McKenzie, with Troop 690, led those present in the Pledge of Allegiance.
6. Citizens' Appearance
1) Robert Larsen, 530 Mobley Way Ct., spoke in regards to city parks and the
road construction projects at Bethel Road, S. Coppell Road and Sandy Lake
Road.
7. Consent Agenda
A. Consider approval of minutes: July 24, 2012 and July 30, 2012.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Gary Roden, that Agenda Items A -G 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
B. Consider approval of an Interlocal Purchasing Agreement between the
City of Rowlett and the City of Coppell; and authorizing the Mayor to
sign.
A motion was made by Councilmember Marvin Franklin, seconded by
City of Coppell, Texas Page 2
City Council Minutes August 14, 2012
Councilmember Gary Roden, that Agenda Items A -G 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
C. Consider approval of an Ordinance for Case No. PD -255 -SF,
Westhaven, a zoning change 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 and authorizing the Mayor to sign.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Gary Roden, that Agenda Items A -G 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: 91500-A-0594
D. Consider approval of an ordinance amending Chapter 15 of the Code
of Ordinances of the City of Coppell by adding Article 15-16,
Contractor Registration, by adding Section 15-16-1, "Contractor
Registration Policy," Section 15-16-2, by adding a definition for
Contractor and stating guideline exemptions, and Section 15-16-3, by
establishing promulgated registration requirements; and authorizing
the Mayor to sign.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Gary Roden, that Agenda Items A -G 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 2012-1314
E. Consider approval of the certification of the 2012 anticipated collection
rate for the period of July 1, 2012 through June 30, 2013 and the
amount of excess debt collections during the period of July 1, 2011
through June 30, 2012.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Gary Roden, that Agenda Items A -G 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
City of Coppell, Texas Page 3
City Council Minutes August 14, 2012
F. 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.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Gary Roden, that Agenda Items A -G 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
G. Consider approval of a Resolution amending Resolution No. 010996.3
as heretofore amended, with regard to Pretreatment Charges and
Fees, Coppell City Code Miscellaneous fees, and Impact Fees and
authorizing the Mayor to sign.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Gary Roden, that Agenda Items A -G 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: 2012-0814.1
End of Consent Agenda
8. PUBLIC HEARING:
Consider approval of Case No. PD -229R2 -LI, Minyard Addition, a
zoning change request from PD -229-1-I (Planned
Development -229 -Light Industrial) to PD -229R2 -LI (Planned
Development -229 Revision 2 -Light Industrial), to amend the Detail Site
Plan of Lot 4R, to allow the retention of the existing 12,500 -square -foot
building and to construct 252 car parking spaces and 60 trailer storage
spaces with a masonry screening wall on 6.9 acres of property located
at 849 Freeport Parkway.
Presentation: Marcie Diamond, Assistant Director of Planning, made a
presentation to Council.
Richard Nordyke, representing the applicant, was available for questions.
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 Aaron Duncan, to close the Public Hearing and approve
subject to the following condition:
1) Replat of Lot 4R to revise the fire lanes and utility easements.
City of Coppell, Texas Page 4
City Council Minutes August 14, 2012
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
9. PUBLIC HEARING:
Consider approval of Case No. PD-202R-TH-1, Villas of Lake Vista,
PH 2, a zoning change request from PD-202-TH-1 (Planned
Development -202 -Townhouse -1) to PD-202R-TH-1 (Planned
Development -202 Revised -Townhouse -1), to amend the Detail Site
Plan to allow 39 single-family lots and (5) five common area lots to
replace 62 townhome lots and (8) eight common area lots on 9.3 acres
of property located on the south side of Lake Vista Drive,
approximately 970 feet east of North MacArthur Boulevard.
Items 9-11 were heard together.
Presentation: Marcie Diamond, Assistant Director of Planning, made a
presentation to Council.
Matthew Alexander, representing the applicant, made a presentation to
Council. Bruno Paschinelli, representing the applicant, answered questions of
Council.
Mayor Hunt opened the Public Hearing and advised that no one signed up to
speak.
A motion was made by Councilmember Gary Roden, seconded by
Councilmember Bob Mahalik, to close the Public Hearing. 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
10. Consider approval of Villas of Lake Vista, PH 2, Preliminary Plat, to
allow 39 single-family lots and (5) five common area lots on 9.3 acres
of property located on the south side of Lake Vista Drive,
approximately 970 feet east of North MacArthur Boulevard.
Items 9-11 were heard together.
A motion was made by Mayor Pro Tem Tim Brancheau, seconded by
Councilmember Billy Faught, to approve:
Item 9 subject to the following conditions:
1) Add provided off-street parking total to the Development Data Chart;
2) There will be additional Engineering comments during detailed plan review;
Item 10 subject to the following conditions:
1) Coordinate with the City of Lewisville and LID for curb cuts and drainage
tie-ins;
City of Coppell, Texas Page 5
City Council Minutes August 14, 2012
2) Zoning is PD-202-RTH, not RSF;
3) Label Point of Beginning on Preliminary Plat;
4) Contact City of Lewisville and advise them of parking lot removal; obtain
written acknowledgement from the City;
5) There will be additional comments during detailed Engineering plan review;
And Item 11.
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
11. Consider granting the Planning & Zoning Commission authority for
final plat approval of Villas of Lake Vista PH 2, to allow 39 single-family
lots and (5) five common area lots on 9.3 acres of property located on
the south side of Lake Vista Drive, approximately 970 feet east of
North MacArthur Boulevard.
Items 9-11 were heard together. See Item 10 for action.
A motion was made by Mayor Pro Tem Tim Brancheau, seconded by
Councilmember Billy Faught, 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
12. PUBLIC HEARING:
Consider approval of Case No. PD -200R3 -SF -7, Petterson Addition, a
zoning change request from PD -200R2 -SF -12 (Planned
Development -200 Revision 2 -Single Family -12) to PD -200R3 -SF -7
(Planned Development -200 Revision 3 -Single Family -7), to allow the
development of eight (8) residential lots and three (3) common area
lots on 2.27 acres of property located along the north side of Sandy
Lake Road, approximately 130 feet west of Summer Place Drive.
The applicant filed a letter to withdraw this item.
13. PUBLIC HEARING:
Consider approval of Case No. PD-250R3R-H, Old Town Addition
(Main St) Entry Feature Sign, Lot 1 RX, Block B, a zoning change
request from PD -250R3 -H (Planned Development -250 Revision
3 -Historic) to PD-250R3R-H (Planned Development -250 Revision 3
Revised -Historic), to establish a Detail Sign for the Entry Feature on
0.022 acres of property located at the southeast corner of Bethel Road
and Main Street.
Presentation: Matt Steer, Planner, made a presentation to Council.
Greg Yancey, representing the applicant made a presentation to Council.
City of Coppell, Texas Page 6
City Council Minutes August 14, 2012
Mayor Hunt opened the Public Hearing and asked for those who signed up to
speak:
1) Robert Larsen, 530 Mobley Way Ct., spoke against the item.
2) Joe Shirley, 582 Villawood Ln., spoke against the item.
3) Charles Chance, 456 Bethel Rd., spoke against the item.
4) Steven Chadick, 509 W. Bethel Rd., spoke against the item.
5) Jay Khorrami, 449 Bethel Rd., spoke against the item.
6) Nicholas Osmond, 410 Gifford, spoke against the item.
A motion was made by Mayor Pro Tem Tim Brancheau, seconded by
Councilmember Billy Faught, to close the Public Hearing and approve subject
to the following condition:
1) Reduce the size of the lettering by 25%.
The motion passed with Councilmember Duncan voting against.
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
Nay: 1 - Councilmember Aaron Duncan
14. PUBLIC HEARING:
Consider approval of Case No. PD -250R5 -H, Old Town Addition (Main
St) Retail/Office Cottages, Lots 2R -4R, Block A, a zoning change
request from PD -250-H (Planned Development -250 -Historic) to
PD -250R5 -H (Planned Development -250 Revision 5 -Historic), to
establish a Detail Site Plan for three (3) retail/office cottage buildings
on three (3) separate lots on 0.35 acres of property located on the
northwest corner of Main Street and Houston Street.
Presentation: Matt Steer, Planner, made a presentation to Council.
Greg Yancey, representing the applicant, addressed Council.
Mayor Hunt opened the Public Hearing and advised that no one signed up to
speak.
A motion was made by Councilmember Billy Faught, seconded by
Councilmember Bob Mahalik, to close the Public Hearing and approve subject
to the following condition:
1) Submittal of a Detailed Landscaping Plan for Lot 2R prior to obtaining a
building permit.
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. PUBLIC HEARING:
Consider approval of Case No. PD -250R6 -H, Old Town Addition (Main
City of Coppell, Texas Page 7
City Council Minutes August 14, 2012
St) Retail/Restaurant, Lot 1 R, Block D, a zoning change request from
PD -250-H (Planned Development -250 -Historic) to PD -250R6 -H
(Planned Development -250 Revision 6 -Historic), to establish a Detail
Site Plan fora 5,034 -square -foot retail/restaurant building on 0.19
acres of property located on the southwest corner of West Main Street
and Houston Street.
Presentation: Matt Steer, Planner, 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 Mayor
Pro Tem Tim Brancheau, to close the Public Hearing and approve. 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. PUBLIC HEARING:
Consider approval of a text amendment to add Article 18A, Residential
Urban Neighborhood District (RBN), to the Zoning Ordinance (Section
12-18A of the Code of Ordinances).
Presentation: Marcie Diamond, Assistant Director of Planning, 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 Billy Faught, seconded by
Councilmember Aaron Duncan, to close the Public Hearing and approve. 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
17. Consider approval of an Engineering Design Contract with Walter P.
Moore and Associates to provide professional engineering design
services for the Creekview Retaining Wall and Roadway
Improvements; for an amount not to exceed $90,830.00; as provided
for in CIP funds; and authorizing the City Manager to sign and execute
all necessary documents.
Presentation: George Marshall, Civil Engineer, 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.
City of Coppell, Texas Page 8
City Council Minutes August 14, 2012
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
18. Consider approval of award of Bid #Q-0612-01 for the Tax 2011 B
street reconstruction project in the amount of $588,100.00 and
approval of an incentive bonus amount of up to an additional
$20,000.00 for a total award of $608,100.00 to CPS Civil for
construction of Vanbebber Drive; and Tax 2010A in the amount of
$1,135,632.25 and approval of an incentive bonus amount of up to an
additional $40,000.00 for a total award of $1,175,632.25 to RKM
Utilities for construction of Willow Springs Drive; as provided for in IMF
funds; and authorizing the City Manager to sign and execute any
necessary documents.
Presentation: Ken Griffin, Director of Engineering, made a presentation to
Council.
A motion was made by Mayor Pro Tem Tim Brancheau, seconded by
Councilmember Billy Faught, 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
19. Consider approval of a development agreement between the City of
Coppell and the Friends of Coppell Nature Park, for the construction of
the Biodiversity Center at the Coppell Nature Park, and authorizing the
City Manager to sign
Presentation: Brad Reid, Director of Parks and Recreation, 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
20. Consider approval of an Interlocal Cooperation and Development
Agreement between the City of Coppell and the Coppell Independent
School District for the acquisition and construction of the Biodiversity
Center at the Coppell Nature Park, and authorizing the City Manager
to sign.
Presentation: Brad Reid, Director of Parks and Recreation, made a
presentation to Council.
A motion was made by Mayor Pro Tem Tim Brancheau, seconded by
City of Coppell, Texas Page 9
City Council Minutes August 14, 2012
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. Consider approval to purchase the land and building at 265 Parkway
Blvd., Coppell, Texas, in the amount of $3,353,926.55, as provided for
in the designated fund balance; and authorizing the City Manager to
execute any necessary documents.
Presentation: City Manager Clay Phillips made a presentation to Council.
A motion was made by Councilmember Gary Roden, seconded by
Councilmember Marvin Franklin, 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
22. Consider approval of a Resolution expressing official intent to
reimburse costs of City projects and paying legal and fiscal fees in
connection with 255 and 265 Parkway Blvd., prior to the issuance of
the bonds, and authorizing the Mayor to sign.
Presentation: City Manager Clay Phillips made a presentation to Council.
A motion was made by Councilmember Bob Mahalik, seconded by
Councilmember Billy Faught, 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
23. City Manager Reports
Project Updates and Future Agendas.
City Manager Clay Phillips reported on the West Nile Virus concern in Dallas
County. Dallas County is contemplating aerial spraying as early as August
16th. Cities are meeting this week to decide whether or not to participate with
the guidance of the CDC and Texas Department of Health. The cost will be paid
for by the State of Texas. The chemical is the same chemical Coppell currently
uses in its ground spraying, only diluted due to the aerial distribution. The City
will be publicizing in every possible manner to get the word out to the citizens
ahead of time.
24. Public Service Announcements concerning items of community interest and no
Council action or deliberation is permitted.
City of Coppell, Texas Page 10
City Council Minutes August 14, 2012
Nothing to report.
25. Necessary Action from Executive Session
Nothing to report.
Adjournment
A T:
Christel Pettinos, City Secretary
further business to come before the Council, the meeting was
City of Coppell, Texas Page 11