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CM 2012-12-11COI FELL City of Coppell, Texas Minutes City Council 255 Parkway Boulevard Coppell, Texas 75019-9478 Tuesday, December 11, 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, December 11, 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 5:34 p.m. Councilmember Duncan arrived during the Executive Session. 2. Executive Session (Closed to the Public) 1st Floor Conference Room Section 551.072, Texas Government Code - Deliberation regarding Real Property. A. Discussion regarding sale of land located west of Park Road and south of Bethel Road. Discussed under Executive Session City of Coppe/1, Texas Page 1 City Council Minutes December 11, 2012 B. Discussion regarding property purchases and matters concerning property located at Northlake. Discussed under Executive Session Section 551.087, Texas Government Code - Economic Development Negotiations. C. Discussion regarding economic development prospects south of Dividend and east of Belt Line. Discussed under Executive Session D. Discussion regarding economic development prospects north of Interstate 635 and west of Freeport Parkway. Discussed under Executive Session E. Discussion regarding economic development prospects west of Belt Line Road and north of Interstate 635. Discussed under Executive Session Section 551.071, Texas Government Code - Consultation with City Attorney. F. Seek legal advice regarding public Right -of -Ways. Discussed under Executive Session 3. Work Session (Open to the Public) 1st Floor Conference Room A. Discussion of Agenda Items. Mayor Hunt recessed the Executive Session at 6:30 p.m. to attend the Boards and Commissions Reception. No Work Session was held. 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. Associate Pastor Ashleigh Joyner, with First United Methodist Church, gave the invocation. 5. Pledge of Allegiance The Coppell Fire Department Honor Guard posted the colors and led those present in the Pledge of Allegiance. 6. Swearing in of newly appointed Board/Commission/Committee City of Coppe/1, Texas Page 2 City Council Minutes December 11, 2012 members. Mayor Hunt swore in the newly appointed Boards and Commission members. A presentation honoring six Coppell Firefighters of the Department's Life Saving Award for actions that led to the successful resuscitation of a Coppell Citizen who experienced cardiac arrest. Fire Chief Kevin Richardson introduced the Morgan Family who presented the Department's Life Saving Award to Captain Mike McDowell, Engineer/Paramedic Sam Thomason, Firefighter/Paramedic Chris Leech, Firefighter/Paramedic Jarrod Dean, Firefighter/Paramedic John Knight, and Firefighter/Paramedic Preston Nickelson. Library Report. Vicki Chiavetta, Library Director, gave the board's semi-annual report. 9. Consider approval of a proclamation naming December 11, 2012 "SKYWARN® Recognition Day," and authorizing the Mayor to sign. Mayor Hunt read the proclamation for the record and presented the same to Mike Ridgley and Fire Chief Kevin Richardson. A motion was made by Councilmember Wes Mays, 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 Mahalik;Councilmember Wes Mays;Councilmember Gary Roden; Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan 10. Presentation by the Friends of the Nature Park. Lou Duggan made a presentation to Council on the Friends of Coppell Nature Park. 11. Citizens' Appearance Mayor Hunt asked for the following to speak: 1) Thomas Burrows, 138 Wynnpage Dr., expressed various concerns regarding trash, volunteering and power poles. 12. Consent Agenda A. Consider approval of minutes: November 13, 2012. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Bob Mahalik, to approve Agenda Items A-1 on the Consent Agenda. The motion passed by an unanimous vote. B. Consider approval of an Ordinance of the City of Coppell, Texas, City of Coppell, Texas Page 3 City Council Minutes December 11, 2012 amending the Coppell Code of Ordinances by amending Chapter 9, "General Regulations" by amending Article 9-21 "Emergency Telephone Service", amending Section 9-21-1, "Definitions" and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Bob Mahalik, to approve Agenda Items A-1 on the Consent Agenda. The motion passed by an unanimous vote. Enactment No: 2012-1326 C. Consider approval of an Ordinance for the Annexation and Service Plan for 25.904 acres of property generally located northeast of the existing city limit line, east of MacArthur Blvd. and north of Sandy Lake Road, into the City of Coppell, Dallas County, Texas and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Bob Mahalik, to approve Agenda Items A-1 on the Consent Agenda. The motion passed by an unanimous vote. Enactment No: 2012-1327 D. Consider approval of an Ordinance for Case No. PD -185R3 -LI, Coppell Industrial Addition (Tradepoint), Lot 2, Block A, a zoning change from PD -185R -LI (Planned Development -185 Revised -Light Industrial) to PD -185R3 -LI (Planned Development -185 Revision 3 -Light Industrial), for a 1,077,716 -square -foot office/warehouse building on 53.4 acres of property located on the north side of West Bethel Road, between Royal Lane and Freeport Parkway and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Bob Mahalik, to approve Agenda Items A-1 on the Consent Agenda. The motion passed by an unanimous vote. Enactment No: 91500-A-607 E. Consider approval of an Ordinance for a text amendment to the Code of Ordinances by amending Chapter 12, "Zoning", Article 12-29, "Sign Regulations", Section 12-29-1, "Definitions", adding a definition of a logo, amending Subsection 2(A) iv, 9, 10 of Article 12-29-3, relating to logo/sign lettering, amending Section 12-29-4-3B, "Provisions for Business Zoning Districts", by adding Subsection (B) iii. and amending Subsection 3(B) 5, by the addition of hiring signs and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Bob Mahalik, to approve Agenda Items A-1 on the Consent Agenda. The motion passed by an unanimous vote. Enactment No: 91500-A-606 F. Consider approval of a six-month extension to the expiration date of City of Coppell, Texas Page 4 City Council Minutes December 11, 2012 December 13, 2012, for the Amberpoint Business Park, Lot 2R -3R, Block A, Replat, being a replat of Lot 2R3, Block A to Lot 2R -3R, Block A, to establish a fire lane and utility easements to support the development of a 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. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Bob Mahalik, to approve Agenda Items A-1 on the Consent Agenda. The motion passed by an unanimous vote. G. Consider approval of an Ordinance of the City of Coppell, Texas, amending the Code of Ordinances by amending Chapter 8, Section 8-3-1(A) of the Code of Ordinances; making it unlawful to park a vehicle on both sides of Allen Road at all times from its point of intersection with MacArthur Boulevard to its point of intersection with Brown Trail; providing a repealing clause; providing a severability clause; providing a penalty of fine not to exceed the sum of two hundred dollars ($200.00) for each offense; and providing an effective date; and authorizing the Mayor to sign and execute any necessary documents. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Bob Mahalik, to approve Agenda Items A-1 on the Consent Agenda. The motion passed by an unanimous vote. Enactment No: 2012-1328 H. Consider approval of a Resolution amending Resolution No. 010996.3 as heretofore amended, with regard to Recreational Fees and Garbage Collection fees and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Bob Mahalik, to approve Agenda Items A-1 on the Consent Agenda. The motion passed by an unanimous vote. Enactment No: 2012-1211.1 Consider approval of awarding a bid to John Deere Company for the purchase of park & ballfield maintenance equipment in the amount of $94,273.54, and authorizing the City Manager to sign the necessary documents. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Bob Mahalik, to approve Agenda Items A-1 on the Consent Agenda. The motion passed by an unanimous vote. End of Consent Agenda At this time, Council took a 10 minute recess. Council reconvened into the Regular Session at 9:10 p.m. 13. PUBLIC HEARING: City of Coppe/1, Texas Page 5 City Council Minutes December 11, 2012 Consider approval of an Ordinance designating IBM Corporation, Reinvestment Zone No. 75 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign. Presentation: Mind! Hurley, Economic Development Coordinator, made a presentation to Council. A motion was made by Councilmember Gary Roden, seconded by Mayor Pro Tem Tim Brancheau, to close the Public Hearing and approve this Agenda Item. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tem Tim Brancheau;CounciImember Bob Mahalik;Council member Wes Mays;Councilmember Gary Roden -'Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Enactment No: 2012-1329 14. PUBLIC HEARING: Consider approval of Case No. PD -171 R4 -HC, GTE Shared Services Addition (Wisenbaker), a zoning change request from PD -171 R3 -HC (Planned Development -171 -Revision 3 -Highway Commercial) to PD -171 R4 -HC (Planned Development -171 Revision 4 -Highway Commercial), to attach a Detail Site Plan for a 67,000 -square -foot office/showroom/warehouse building on 6.6 acres of property located at the northeast corner of Canyon Drive and S.H. 121. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. John Taylor, applicant, was available for questions. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Bob Mahalik, to close the Public Hearing and approve this Agenda Item subject to the following conditions: 1) There will be additional comments during detailed engineering plan review; and 2) A tree removal permit is required prior to the start of construction. The motion passed by an unanimous vote.. The motion carried by the following vote: Aye: 6 - Mayor Pro Tem Tim Brancheau;CounciImember Bob Mahalik;Council member Wes Mays;Councilmember Gary Roden; Council member Billy Faught and Councilmember Aaron Duncan 15. PUBLIC HEARING: Consider approval of the GTE Shared Services Addition, Lots 1 R1A-R, Block 1, Replat, being a replat of Lot 1 R1 A of the GTE Shared Services Addition, to establish a fire lane and utility easements to support the development of 67,000 -square -foot office/showroom/warehouse building on Lot 1R1A-R on 6.6 acres of property located at the northeast corner of Canyon Drive and S.H. 121. City of Coppe/1, Texas Page 6 City Council Minutes December 11, 2012 Presentation: Gary Sieb, Director of Planning, made a presentation to Council. John Taylor, applicant, was available for questions. A motion was made by Councilmember Bob Mahalik, seconded by Councilmember Aaron Duncan, to close the Public Hearing and approve this Agenda Item subject to the following conditions: 1) There will be additional comments during detailed engineering plan review; and 2) A tree removal permit is required prior to the start of construction. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden; Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan 16. CONTINUED PUBLIC HEARING: Consider approval of Case No.. PD -200R4 -SF -7, Petterson Addition, a zoning change request from PD -200R2 -SF -12 (Planned Development -200 Revision 2 -Single Family -12) to PD -200R4 -SF -7 (Planned Development -200 Revision 4 -Single Family -7), to allow the development of seven (7) single-family lots and two (2) common area lots on 2.27 acres of property located along the north side of West Sandy Lake Road, approximately 130 feet west of Summer Place Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Bobby Rollings, representing the applicant, answered questions of Council. A motion was made by Councilmember Gary Roden, seconded by Councilmember Billy Faught, to close the Public Hearing and approve this Agenda Item subject to the following conditions: 1) Submit the draft HOA documents for City Attorney review; 2) A tree removal permit shall be required before the start of construction; 3) Park Development Fees are $1,285 per unit; 4) There will be additional comments during detailed engineering plan review; 5) Remove the proposed underground detention from underneath the public R.O.W./pavement; and 6) Submit the revised landscape plan and tree survey reflecting the public R.O.W. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden; Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan 17. CONTINUED PUBLIC HEARING: Consider approval of the Petterson Addition, Lots 1 R -7R & 1XR-2XR, City of Coppe/1, Texas Page 7 City Council Minutes December 11, 2012 Block A, Replat, being a replat to establish seven (7) single-family lots, two (2) common area lots and easements on 2.27 acres of property located along the north side of West Sandy Lake Road, approximately 130 feet west of Summer Place Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. A motion was made by Councilmember Wes Mays, seconded by Councilmember Aaron Duncan, to close the Public Hearing and approve this Agenda Item subject to the following conditions: 1) There will be additional comments during detailed engineering plan review; and 2) Remove the proposed underground detention from underneath the public R.O.W./pavement. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden; Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan 18. Consider approval of an Ordinance for Case No. PD -258 -SF, Grapevine Springs Residential (The Villas of Southwestern), a zoning change from C (Commercial) to PD -258 -SF (Planned Development -258 -Single Family), to permit the development of seven (7) single-family lots and three (3) common area lots on 3.87 acres of land located north of Southwestern Boulevard, approximately 1,060 feet west of Howell Street, and to amend the Land Use Map of the Coppell 2030 Comprehensive Master Plan from "Industrial Special District" to "Residential Neighborhood" and authorizing the Mayor to sign. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, that this Agenda Item be approved showing two common areas, as opposed to three listed in the caption. The motion passed 5-2 with Mayor Pro Tem Tim Brancheau and Councilmember Billy Faught voting against the item. Aye: 5- Councilmember Bob Mahal ik;Council member Wes Mays;Councilmember Gary Roden; Councilmember Marvin Franklin and Council member Aaron Duncan Nay: 2 - Mayor Pro Tem Tim Brancheau and Councilmember Billy Faught Enactment No: 91500-A-608 19. Consider approval of the Walgreens (Electric Vehicle Charging Station), Site Plan Amendment, to amend the existing site plan to allow an electric vehicle charging station to occupy three (3) existing parking spaces on 1.8 acres of property located at 313 North Denton Tap Road, being the northwest corner of Denton Tap Road and Parkway City of Coppe/1, Texas Page 8 City Council Minutes December 11, 2012 • Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Dallas May, representing the applicant, answered questions of Council. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Bob Mahalik, that this Agenda Item be approved as presented, subject to the following conditions: 1) A building permit is required prior to construction of the station; 2) Remove the pole sign from the proposal; and 3) Elimination of the proposed power pole on Denton Tap Road. The motion passed 6-1 with Councilmember Wes Mays voting against the item. Aye: 6 - Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Gary Roden; CounciImember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Nay: 1 - Councilmember Wes Mays 20. City Manager Reports Project Updates and Future Agendas. Read and Filed City Manager Clay Phillips informed Council that the progress in Old Coppell was worth seeing. The entry feature is underway and the cottages and restaurant pads have begun. In January, staff will report on the improvements in the Square. Deforest Road is now open and feedback has been positive. Mr. Phillips reminded Council that this is the last meeting of the year. 21. Mayor and Council Reports A. Report by Mayor Hunt regarding Metroplex Mayors' Meeting. B. Report by Councilmember Franklin regarding the National League of Cities Annual Conference. Read and Filed A. Mayor Hunt attended the Metroplex Mayors' Meeting. The guest speaker discussed the marketing of convention and visitor bureaus and the use of hotel/motel taxes. B. Councilmember Franklin reported on his attendance at the NLC Conference in Boston. He and Councilmember Mahalik were among 3,000 city leaders in attendance. Mr. Franklin was proud to represent Coppell and to see we were up to speed with much that was presented. 22. Council Committee Reports City of Coppell, Texas Page 9 City Council Minutes December 11, 2012 A. Carrollton/Farmers Branch ISD/Lewisville ISD - Faught and Roden B. Coppell ISD - Mahalik and Mays C. Coppell Seniors - Brancheau and Faught D. Dallas Regional Mobility Coalition - Hunt E. International Council for Local Environmental Initiatives (ICLEI) - Brancheau F. Metrocrest Medical Foundation - Mahalik G. Metrocrest Family Medical Services - Mays H. Metrocrest Social Service Center - Franklin I. North Central Texas Council of Governments - Duncan J. North Texas Commission - Roden K. Senior Adult Services - Franklin Read and Filed A. Councilmember Faught announced that Riverchase Elementary will be hosting a 5th grade Career Fair on December 13th from 8 am -12 pm. There will also be early dismissal on December 20th and 21st. Barbara Bush Middle School honored it's principle, Matt Warnock, for receiving the award for Texas Public School Ambassador. Councilmember Roden reported on LISD's long term strategic plan the district recently developed and is in the process of implementing. B. Councilmember Mays announced the Coppell Cowboys Football Team were the District Champions this year. The Girls Volleyball Team won back-to-back State Championships for 5A. C. Councilmember Faught reported the following events for the Coppell Seniors: Supper Club will be held at Texas Land and Cattle on December 18th; Birthday Potluck Lunch will be held on December 26th; finally, Tom Morton was awarded Coppell Senior of the Month. D. Mayor Hunt attended the Board Meeting for DRMC. The speaker, Bill Hale, Dallas District Engineer for TXDOT, presented on the progress of the upcoming contruction projects at SH 183 and IH -35 through Denton. E. Nothing to report. F. Nothing to report. G. Councilmember Mays attended the Board Meeting held on November 15th. Newly appointed Board Members included Marsha Tunnell and Bill Rohloff as Chairman of the Board. H. Councilmember Franklin announced that Metrocrest Social Services is seeking donations. They are planning on serving 1,100 families this year. I. Councilmember Duncan reported on the Cottonbelt Corridor Passenger Rail Project. Private funding has been established, which shows this project has some procurement strategies in place. The T, DART and the Denton County Rail System are building an alliance. This regional, interconnected rail collaboration is being called the North Central Texas Regional Passenger Alliance. City of Coppell, Texas Page 10 City Council Minutes December 11, 2012 J. Councilmember Roden attended the Board Meeting during TML. Leadership North Texas recently met at the Federal Reserve Bank. K. Nothing to report. 23. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. At this time, Council recessed the Regular Session and reconvened into Executive Session at 10:05 p.m. Mayor Hunt reconvened into Executive Session at 10:09 p.m. and adjourned Executive Session at 10:35 p.m. 24. Necessary Action from Executive Session City Attorney read the following motions into the record: 1) Motion to approve a resolution providing for the City to enter into an Agreement with the North Texas Council of Governments to pursue development by a public-private "partnership" through SB 1048 to develop the Cotton Belt Rail Line as a passenger rail corridor; and to authorize and support the creation of an improvement district by special legislation filed in the 83rd Regular Session. A motion was made by Mayor Pro Tem Tim Brancheau, seconded by Councilmember Marvin Franklin, that this item be approved. The motion passed by an unanimous vote. 2) Motion to authorize the City Manager to execute a release by and between the City of Coppell and Billingsleys (Cypress Water, LLC) for the right to purchase the North Tract and East Tract of land at Northlake from Luminant. A motion was made by Councilmember Wes Mays, seconded by Councilmember Marvin Franklin, that this item be approved. The motion passed by an unanimous vote. 3) Motion to authorize the City Manager to negotiate and execute an Agreement with Luminant for the purchase of real property at Northlake consisting of approximately thirty (30) acres of land on the east side of Northlake, Tract 1A, 1B and 1C of the eastern tract and pump station site with water transmission lines from the Trinity River to the Northlake pad, in an amount not to exceed $1,000,000 subject to the following conditions: a) A release from the Billingsleys (Cypress Water, LLC) of obligation to purchase the same; b) Release by Oncor of any of its blanket easments, if any; and c) Grant of an easment for transmission lines. A motion was made by Councilmember Billy Faught, seconded by Councilmember Bob Mahalik, that this item be approved. The motion passed by an unanimous vote. City of Coppe/1, Texas Page 11 City Council Minutes December 11, 2012 Adjournment There being adjo rn aren Selbo HuntAmayor no further business before the Council, the meeting was T: Christel Pettinos, ity Secretary City of Coppell, Texas Page 12