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CM 2013-01-08COI FELL City of Coppell, Texas Minutes City Council 255 Parkway Boulevard Coppell, Texas 75019 -9478 Tuesday, January 8, 2013 6:00 PM Council Chambers KAREN HUNT TIM BRANCHEAU Mayor Mayor Pro Tern 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, January 8, 2013, 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 6:11 p.m. 2. Executive Session (Closed to the Public) 1st Floor Conference Room Section 551.072, Texas Government Code - Deliberation regarding Real Property. A. Discussion regarding property purchases and matters concerning property located at Northlake. Discussed under Executive Session Section 551.071, Texas Government Code - Consultation with City Attorney. City of Coppe/1, Texas Page 1 City Council Minutes January 8, 2013 B. Seek legal advice regarding the Deforest Road right -of -way. Discussed under Executive Session 3. Work Session (Open to the Public) 1st Floor Conference Room Mayor Hunt adjourned the Executive Session at 6:47 p.m. and convened into the Work Session. A. Nature Park Discussion. B. Discussion regarding Oil and Gas Drilling Ordinance Revisions. C. Discussion of Agenda Items. Presented in Work Session Regular Session Mayor Hunt recessed the Work Session at 7:28 p.m. and opened the Regular Session. 4. Invocation 7:30 p.m. Councilmember Franklin gave the Invocation. 5. Pledge of Allegiance Mayor Hunt led those present in the Pledge of Allegiance. 6. Consider approval of a proclamation naming Tuesday, January 8, 2013 as "Coppell Cowgirl Appreciation Day," and authorizing the Mayor to sign. Mayor Hunt read the proclamation for the record and presented the same to the Coppell Girls Volleyball Team. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Bob Mahalik, that this Agenda Item be approved. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tern Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden; Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan 7. Citizens' Appearance Mayor Hunt advised that no one signed up to speak. 8. Consider approval of minutes: December 11, 2012. A motion was made by Councilmember Wes Mays, seconded by Councilmember Gary Roden, that this Agenda Item be approved. The motion City of Coppell, Texas Page 2 City Council Minutes January 8, 2013 passed by an unanimous vote. Aye: 7 - Mayor Pro Tern Tim Brancheau -,Councilmember Bob Mahalik; Council member Wes Mays;Councilmember Gary Roden; Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan 9. PUBLIC HEARING: Consider approval of the Barnes at Riverview Addition, Lots 1 R1 & 1 R2, Block A, Replat, being a replat of Lot 1, Block A, of the Barnes at Riverview Addition to subdivide one acre of property into two lots to allow for separate ownership, located at the southeast corner of Sandy Lake Road and Riverview Drive. Presentation: Gary Sieb, 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 Gary Roden, seconded by Councilmember Wes Mays, to close the Public Hearing and approve the Agenda Item subject to the following condition: 1) The filing of the executed Shared Parking Agreement with the Replat. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tern Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden; Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan 10. Consider approval of The Villas of Southwestern, Final Plat, a final plat to subdivide 3.87 acres of property for the development of seven (7) single - family lots and two (2) common area lots on land located north of Southwestern Boulevard, 1,060 feet west of Howell Street. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. A motion was made by Councilmember Bob Mahalik, seconded by Councilmember Aaron Duncan, that this Agenda Item be approved. The motion passed 5 -2 with Mayor Pro Tern Tim Brancheau and Councilmember Billy Faught voting against the motion. Aye: 5- Councilmember Bob Mahal ik; Council member Wes Mays;Councilmember Gary Roden; Councilmember Marvin Franklin and Councilmember Aaron Duncan Nay: 2 - Mayor Pro Tern Tim Brancheau and Councilmember Billy Faught 11. PUBLIC HEARING: Consider approval of Case No. PD- 240R4 -HC, North Gateway Plaza (Emerus Emergency Hospital), a zoning change request from PD- 240 -HC (Planned Development- 240 - Highway Commercial) to PD- 240R4 -HC (Planned Development -240 Revision 4- Highway Commercial), to amend the Concept Plan and to attach a Detail Site City of Coppe/1, Texas Page 3 City Council Minutes January 8, 2013 Plan on 6.13 acres to allow the development of a two -story hospital /medical /office building with a 19,929- square -foot hospital and a 18,986- square -foot medical office located on the north side of SH 121, approximately 270 feet west of Denton Tap Road. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Joe Roberts, 10077 Grogans Mill Road, Ste. 100, applicant, addressed questions of Council. Brent Murphree, Dowdy, Anderson & Associates, 5225 Village Creek Dr., Ste. 200, engineer, addressed questions of Council. Mayor Hunt opened the Public Hearing and asked for those who signed up to speak: 1) Geri England, 748 Killbridge Ln., spoke against the item. A motion was made by Councilmember Bob Mahalik, seconded by Councilmember Billy Faught, to close the Public Hearing and approve the Agenda Item subject to the following conditions: 1)Additional comments will be generated upon detail engineering plan review; 2) Construction of a deceleration lane on Denton Tap Road located north of the southern drive, unless a traffic analysis is provided that proves otherwise; 3) Ensure the attached signage meets the size requirements of the Zoning Ordinance, matches that of the office building to the east and to the northeast (black reverse illuminated block letters) and meets the state requirements for emergency signage (the word "Emergency" will be allowed to be white); and 4) A tree removal permit is required prior to the removal of any trees. The motion passed 6 -1 with Councilmember Aaron Duncan voting against the motion. Aye: 6 - Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik; Council member Wes Mays;Councilmember Gary Roden; Councilmember Billy Faught and Councilmember Marvin Franklin Nay: 1 - Councilmember Aaron Duncan 12. PUBLIC HEARING: Consider approval of Case No. PD- 259- SF -7/9, Blackberry Farm, a zoning change request from SF -12 (Single Family -12) to PD- 259- SF -7/9 (Planned Development- 259 - Single Family -7 & 9), to permit the development of 82 single - family lots and five (5) common area lots on 54.8 acres of land located on the north side of Sandy Lake Road, approximately 750 feet northeast of Starleaf Road. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. Megan Lozan, 225 Hwy 121, applicant, made a presentation to Council. Terry Holmes, 225 Hwy 121, applicant, answered questions of Council. City of Coppe/1, Texas Page 4 City Council Minutes January 8, 2013 A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Bob Mahalik, to close the Public Hearing and approve the Agenda Item subject to the following conditions: 1) There will be additional Engineering comments during detailed plan review; 2) The 15 -foot paved alley must remain open at all times. If closed, the gates must be equipped with a knox box; 3) The CLOMR flood study must go through the CDC and formal Corps process; 4) The bridge structure exhibits must be signed /sealed by a professional engineer; 5) The farm house at the subdivision entrance will not be used as a residence; 6) The traffic analysis may need additional study; eliminating #7 8) The drainage from Hollywood Lane onto Blackberry Farms will need to be accommodated; 9) The wetlands determination will need to be provided; 10) Tree mitigation fees modified in the amount of $125,000 must be paid prior to construction; and 11) Park development fees are required in the amount of $1285 per lot. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik; Council member Wes Mays;Councilmember Gary Roden -, Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan 13. Consider approval of the Blackberry Farm, Preliminary Plat, a preliminary plat to subdivide 54.8 acres of property to permit the development of 82 single - family lots and five (5) common area lots, located on the north side of Sandy Lake Road, approximately 750 feet northeast of Starleaf Road. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. A motion was made by Councilmember Bob Mahalik, seconded by Mayor Pro Tern Tim Brancheau, that this Agenda Item be approved subject to the following conditions: 1) There will be additional Engineering comments during detailed plan review; 2) The CLOMR flood study must go through the CDC and formal Corps process; 3) The hike /bike trail portrayed on the Plan is a private trail maintained by the HOA; 4) A tree removal permit and the payment of fees modified to $125, 000 are required prior to start of construction; 5) The drainage from Hollywood Lane onto Blackberry Farms will need to be accommodated; 6) The wetlands determination will need to be provided; and 7) Park development fees are required in the amount of $1285 per lot. The motion passed by an unanimous vote. City of Coppell, Texas Page 5 City Council Minutes January 8, 2013 Aye: 7 - Mayor Pro Tern Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden; Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan 14. PUBLIC HEARING: Consider approval of Case No. PD- 260 -R, Trinity River Kayak Company, a zoning change request from R (Retail) to PD -260 -R (Planned Development- 260 - Retail), to attach a Detail Site Plan on 1.5 acres of property to allow a convenience store and canoe, kayak, paddleboard storage, rentals and sales to be located at 1601 E. Sandy Lake Road. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Pam Varnell, applicant, made a presentation to Council. Mayor Hunt opened the Public Hearing and asked for those who signed up to speak: 1) Davin Bernstein, 228 Hollywood Dr., spoke in favor of the item. 2) Daniel Andres, 220 Redwood Dr., spoke in favor of the item. 3) Brian Wilson, 1636 Goodwin Dr., Aubrey, spoke in favor of the item. 4) Ed Sircy, 714 Clayton Cir., spoke in favor of the item. A motion was made by Councilmember Wes Mays, seconded by Councilmember Marvin Franklin, to close the Public Hearing and approve this Agenda Item subject to the following conditions: 1) The fire lane shall be concrete to meet the minimum standards. All other paved areas can be an alternative material such as limestone, granite or asphalt (Needs to be engineered); 2) The applicant will work with the abutting property owner to provide mutually agreeable screening device along the southern property line; 3) Along the western property line provide an effective screening height of a minimum of (6) six feet which may be a combination of wood fence and retaining walls; 4) Provide a minimum (10) ten -foot wide landscape buffer area with evergreen trees planted 40 foot on center along the western and southern property lines. (Live Oaks 15 feet on- center are shown, revise to a minimum of 30 feet on- center to assure survivability); 5) Work with staff to provide parking lot landscaping including the provision of overstory trees as appropriate (Trees are recommended in the grass field between the building and parking); 6) Outside storage for kayaks may be within the rear building setback of 20 feet; 7) The existing septic system may be retained but, must be inspected, certified and brought up to code; 8) All existing and new buildings shall comply with applicable Building and Fire Codes and State Accessibility Regulations; and 9) Coordinate with the City of Dallas and /or the Water Utilities department for appropriate access. The motion passed by an unanimous vote. City of Coppell, Texas Page 6 City Council Minutes January 8, 2013 Aye: 7 - Mayor Pro Tern Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden; Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan 15. Consider approval of the Trinity River Kayak Addition, Lot 1, Block A, Minor Plat, to create a building site and establish necessary easements for a convenience store and canoe, kayak, paddleboard storage, rentals and sales to be located at 1601 E. Sandy Lake Road. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. A motion was made by Councilmember Billy Faught, seconded by Councilmember Gary Roden, that this Agenda Item be approved. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tern Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden; Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan 16. City Manager Reports Project Updates and Future Agendas. City Manager Clay Phillips informed Council that the Dog Park and the Branding Initiative will be on the next Work Session for the January 22nd meeting. At the Work Session on Januray 29th, the sales tax /potential bond election in November will be discussed, as well as the Board and Commission Process and various volunteer opportunities. Regarding future projects, West Sandy Lake Road and parts of Bethel and Coppell Road will be scheduled for construction in the upcoming quarters. Staff will be moving into the 265 Parkway Blvd. building towards the end of February or first part of March. Finally, the contractor for the Kirkland House has changed. Mr. Phillips noted that the house will be ready for the kick -off event scheduled for April. 17. Mayor and Council Reports A. Report by Mayor Hunt regarding the Metroplex Mayors' Meeting. Mayor Hunt attended the Metroplex Mayors' Meeting where Andy Ritter was the guest speaker. Mr. Ritter updated the group on the LBJ construction project. The goal of the project is to move more cars through the corridor at a faster pace. The estimated completion for the Preston /Greenville area is December 2013, with the final estimate of completion to be 2015. 18. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. Nothing to report. City of Coppell, Texas Page 7 City Council Minutes January 8, 2013 19. Necessary Action from Executive Session Nothing to report. At this time, Council recessed the Regular Session and reconvened into Work Session at 10:40 p.m. Council adjourned Work Session at 10:48 p.m. and receonvened into the Regular Session. Adjournment There ing no further action before the Council, the meeting was adjourned. aren Selbo Hunt, yor AT T: Christel Pettinos, City Secretary City of Copp ell, Texas Page 8