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CM 2013-06-11. C o � ELL City of Coppell, Texas Minutes City Council 255 Parkway Boulevard Coppell, Texas 75019 -9478 Tuesday, June 11, 2013 6:00 PM Council Chambers KAREN HUNT BILLY FAUGHT Mayor Mayor Pro Tem TIM BRANCHEAU BOB MAHALIK Place 1 Place 2 WES MAYS GARY RODEN Place 3 Place 4 MARVIN FRANKLIN AARON DUNCAN Place 6 Place 7 CLAY PHILLIPS City Manager Present 8 - Karen Hunt;Billy Faught;Tim Brancheau;Bob Mahalik;Wes Mays;Gary Roden;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, June 11, 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 551.087, Texas Government Code - Economic Development Negotiations. A. Discussion regarding Economic Development prospects north of Bethel and west of Freeport Parkway. 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. City of Coppell, Texas Page 1 City Council Minutes June 11, 2013 B. Discussion regarding property purchases, related legal issues and matters concerning property located at Northlake. Discussed under Executive Session 3. Work Session (Open to the Public) 1st Floor Conference Room Mayor Hunt adjourned the Executive Session at 6:32 p.m. and convened into the Work Session. A. Discussion regarding Library Kiosks. B. Discussion regarding Board and Commission Appointments. C. Discussion of Agenda Items. Presented in Work Session Regular Session Mayor Hunt adjourned the Work Session at 7:12 p.m. and opened the Regular Session. 4. Invocation 7:30 p.m. Steve Calvert, Fire Department Chaplain, gave the Invocation. 5. Pledge of Allegiance Mayor Hunt led those present in the Pledge of Allegiance. 6. Consider approval of a proclamation naming June 23, 2013 as Coppell Rotary Club Day and authorizing the Mayor to sign. Mayor Hunt read the proclamation for the record and presented the same to several members of the Coppell Rotary Club. A motion was made by Councilmember Wes Mays, seconded by Councilmember Bob Mahalik, that this Agenda Item be approved. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tern Billy Faught;Councilmember Tim Brancheau;CounciImember Bob Mahalik; Councilmember Wes Mays; Councilmember Gary Roden; Councilmember Marvin Franklin and Councilmember Aaron Duncan 7. Coppell Citizens' Fire Academy Class of 2013 Graduate Recognition. Presented Fire Chief Kevin Richardson, Assistant Fire Marshall David Malone and David Green, Firefighter /Paramedic, recognized the Coppell Fire Academy Graduates Class of 2013. 8. Citizens' Appearance City of Coppell, Texas Page 2 City Council Minutes June 11, 2013 Mayor Hunt advised that no one signed up to speak. 9. Consent Agenda A. Consider approval of minutes: May 28, 2013. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Tim Brancheau, to approve Consent Agenda Items A -I. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tern Billy Faught;Councilmember Tim Brancheau; CounciImember Bob Mahalik; Councilmember Wes Mays; Councilmember Gary Roden; Councilmember Marvin Franklin and Councilmember Aaron Duncan B. Consider approval of a License Agreement between the City of Coppell and the Main Street Coppell Property Owners Association, Inc. to install and maintain landscaping and irrigation within City of Coppell property; and authorizing the City Manager to sign all necessary documents. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Tim Brancheau, to approve Consent Agenda Items A -I. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tern Billy Faught;Councilmember Tim Brancheau; CounciImember Bob Mahalik; Councilmember Wes Mays; Councilmember Gary Roden; Councilmember Marvin Franklin and Councilmember Aaron Duncan C. Consider approval of accepting the resignation of Linda Scott from the Park Board and appointing Maureen Corcoran to fill the unexpired term. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Tim Brancheau, to approve Consent Agenda Items A -I. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tern Billy Faught;Councilmember Tim Brancheau; CounciImember Bob Mahalik; Councilmember Wes Mays; Councilmember Gary Roden; Councilmember Marvin Franklin and Councilmember Aaron Duncan D. Consider approval of accepting the resignation of Craig Pritzlaff from the Planning and Zoning Commission. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Tim Brancheau, to approve Consent Agenda Items A -I. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tern Billy Faught;Councilmember Tim Brancheau; CounciImember Bob Mahalik; Councilmember Wes Mays; Councilmember Gary Roden; Councilmember Marvin Franklin and Councilmember Aaron Duncan E. Consider approval of an Ordinance for Case No. PD -91 R2 -SF -7, Northlake Woodlands Estates East, PH 1, Lot 10, Block 2, a zoning City of Coppell, Texas Page 3 City Council Minutes June 11, 2013 change from PD- 91 -SF -7 (Planned Development -91- Single Family -7) to PD -91 R2 -SF -7 (Planned Development -91 Revision 2- Single Family -7), to allow a seven and one -half foot encroachment over the required 30 -foot front building setback line at 616 Villawood Lane and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Tim Brancheau, to approve Consent Agenda Items A -I. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tern Billy Faught;Councilmember Tim Brancheau; CounciImember Bob Mahalik; Councilmember Wes Mays; Councilmember Gary Roden; Councilmember Marvin Franklin and Councilmember Aaron Duncan Enactment No: 91500 -A -625 F. Consider approval of a six month extension to the expiration date of June 12, 2013, for the GTE Shared Services Addition, Lots 1 R1A -R, Block 1, Replat, being a replat of Lot 1 R1 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 1 R1A -R on 6.6 acres of property located at the northeast corner of Canyon Drive and S.H. 121. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Tim Brancheau, to approve Consent Agenda Items A -I. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tern Billy Faught;Councilmember Tim Brancheau; CounciImember Bob Mahalik; Councilmember Wes Mays; Councilmember Gary Roden; Councilmember Marvin Franklin and Councilmember Aaron Duncan G. Consider approval of a three -month extension to the expiration date of July 9, 2013, for 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. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Tim Brancheau, to approve Consent Agenda Items A -I. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tern Billy Faught;Councilmember Tim Brancheau; CounciImember Bob Mahalik; Councilmember Wes Mays; Councilmember Gary Roden; Councilmember Marvin Franklin and Councilmember Aaron Duncan H. Consider approval of a six -month extension to the expiration date of June 12, 2013, for the Petterson Addition, Lots 1 R -7R & 1 XR -2XR, 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. City of Coppell, Texas Page 4 City Council Minutes June 11, 2013 A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Tim Brancheau, to approve Consent Agenda Items A -I. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tern Billy Faught;Councilmember Tim Brancheau; CounciImember Bob Mahalik; Councilmember Wes Mays; Councilmember Gary Roden; Councilmember Marvin Franklin and Councilmember Aaron Duncan I. Consider approval of an Ordinance to implement the Rate Review Mechanism (RRM) process for Atmos Energy Corp., Mid -Tex Division, as a substitute for the legislatively- constructed Gas Reliability Infrastructure Program (GRIP) ratemaking mechanism; and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Tim Brancheau, to approve Consent Agenda Items A -I. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tern Billy Faught;Councilmember Tim Brancheau; CounciImember Bob Mahalik; Councilmember Wes Mays; Councilmember Gary Roden; Councilmember Marvin Franklin and Councilmember Aaron Duncan Enactment No: ORD 2013 -1345 End of Consent Agenda 10. PUBLIC HEARING: Consider approval of Case No. PD- 133R5 -SF -7, Magnolia North Addition, a zoning change request from PD- 133 -HC (Planned Development- 133 - Highway Commercial) to PD- 133R5 -SF -7 (Planned Development- 133- Revision 5- Single Family -7), to allow the development of 28 single - family lots and three (3) common area lots on 5.41 acres of property located along the south side of S.H. 121, approximately 260 feet west of North Denton Tap Road and to amend the Land Use Map of the Coppell 2030 Comprehensive Master Plan from "Freeway Special District" to "Urban Residential Neighborhood ". Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and asked for the following people who signed up to speak: 1) Bobby Rollings, 3221 St. Georges Dr., Plano, representing the applicant, made a presentation to Council. 2) Danny Cummings, Binkley & Barfield C &P Engineering, 1801 Gateway Blvd., conducted the traffic study. 3) Allen Gardiner, 5119 Oakhurst, Frisco, Appraiser, made a presentation to Council. 4) Steve Donosky, 4324 Amherst, Real Estate Investor, made a presentation to Council. 5) Kevin Dunn, 1324 Coral Dr., Real Estate Broker /Associate, made a presentation to Council. 6) Bryan Thompson, 626 Magnolia, spoke in opposition. City of Coppell, Texas Page 5 City Council Minutes June 11, 2013 7) Ruth Holder, 134 Natches Trace, spoke in opposition. At 8:15 p.m., Mayor Hunt called for an Executive Session based on Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Hunt adjourned the Executive Session at 8:21 p.m. and reconvened into the Regular Session. A motion was made by Councilmember Tim Brancheau, seconded by Mayor Pro Tern Billy Faught, to close the Public Hearing and approve this Agenda Item. The motion failed by an unanimous vote. Nay: 7 - Mayor Pro Tern Billy Faught;Councilmember Tim Brancheau; CounciImember Bob Mahalik; Councilmember Wes Mays; Councilmember Gary Roden; Councilmember Marvin Franklin and Councilmember Aaron Duncan 11. PUBLIC HEARING: Consider approval of Case No. PD- 262 -H, Old Town Coppell Deli, Lot 1, Block A, a zoning change request from H (Historic) to PD -262 -H (Planned Development- 262- Historic), to demolish the existing restaurant and to establish a Detail Site Plan for the proposed 1,995- square -foot restaurant /convenience store with a 850 - square -foot patio on 9,481 square feet of property located at 449 W. Bethel Road. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and asked for those who signed up to speak: 1) Gary Land, 525 Townhouse Ln., representing the applicant, made a presentation to Council. 2) Don Carter, 787 Pelican Ln, spoke against the item. 3) Pat Quinlan, 181 Simmons Rd., spoke against the item. 4) Pete Wilson, 214 Samuel Blvd., spoke against the item. 5) Martha Allison - Blewer, 617 Raven Ln., spoke against the item. 5) Pat Lambert, 764 S. Poydras Ln., Lewisville, spoke against the item. 6) Suzanne Williams, 9014 Silver Dollar Trail, Irving, spoke against the item. 7) Mrs. KW Dezendorf, 468 Shadowcrest Ln., spoke against the item. 8) Cliff Long, 776 Crestview Ct., spoke for and against the item. 9) Jack Rogers, 201 S. Fork, Lewisville, spoke against the parking. Jay Khorrami, applicant, answered questions of Council. A motion was made by Councilmember Bob Mahalik, seconded by Councilmember Tim Brancheau, to close the Public Hearing and approve subject to the following conditions: 1) There will be additional comments generated upon detailed engineering plan review; 2) Coordinate with the Historic Society to incorporate something from the Coppell Deli in the new development. (Replica awning has been included on west elevation); 3) An eight foot sidewalk is required adjacent to Bethel Road; 4) Coordinate with Waste Management for dumpster location and emptying times; City of Coppell, Texas Page 6 City Council Minutes June 11, 2013 5) Ensure all mechanical equipment is screened; 6) Include an exhibit of the blade signage indicating color and materials to be used for administrative review prior to permitting; and 7) Coordinate with the Parks Department for existing irrigation locations and responsibilities. The motion passed 6 -1 with Councilmember Duncan voting against the motion. Aye: 6 - Mayor Pro Tern Billy Faught;Councilmember Tim Brancheau;CounciImember Bob Mahalik; Councilmember Wes Mays; Councilmember Gary Roden and Councilmember Marvin Franklin Nay: 1 - Councilmember Aaron Duncan 12. Consider approval of the Old Town Coppell Deli Addition, Lot 1, Block A, Minor Plat, to allow the construction of a 1,995- square -foot restaurant /convenience store with a 850 - square -foot patio located on 9,481 square feet of property located at 449 W. Bethel Road. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. A motion was made by Councilmember Marvin Franklin, seconded by Mayor Pro Tern Billy Faught, that this Agenda Item be approved subject to the following conditions: 1) There will be additional comments generated upon detailed engineering plan review; and 2) Ensure sidewalk easement is adequately depicted on plat. The motion passed 6 -1 with Councilmember Duncan voting against the motion. At this time, Council took a ten minute break at 10:03 p.m. Mayor Hunt reconvened the Regular Session at 10:16 p.m. Aye: 6 - Mayor Pro Tern Billy Faught;Councilmember Tim Brancheau;CounciImember Bob Mahalik; Councilmember Wes Mays; Councilmember Gary Roden and Councilmember Marvin Franklin Nay: 1 - Councilmember Aaron Duncan 13. PUBLIC HEARING: Consider approval of Case No. PD- 108R11 -H, Old Town (Main Street), Phase II, a zoning change request from PD- 108R8 -H (Planned Development -108 Revision 8- Historic) and PD- 108R10 -H (Planned Development -108 Revision 10- Historic), to PD- 108R11 -H (Planned Development -108 Revision 11- Historic), to establish a Detail Site Plan for 64 patio -home lots and four common area lots on 8.64 acres of property located on the northeast corner of South Coppell Road and the drive leading to the Service Center. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and asked for those who signed up to speak: 1) Mike Glenn, 105 Decker Court Ln., representing the applicant. City of Coppell, Texas Page 7 City Council Minutes June 11, 2013 2) Janis Wilson Arthur, 708 S. Coppell Road., spoke against the item. Charles Cotton, applicant, answered questions of Council. A motion was made by Councilmember Wes Mays, seconded by Councilmember Marvin Franklin, to close the Public Hearing and approve subject to the following conditions: 1) There will be additional comments during detailed engineering plan review; 2) Park Development fees are $1,285 per unit; 3) Tree Removal Permit is required prior to the start of construction; and 4) Include details of masonry wall. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tern Billy Faught;Councilmember Tim Brancheau;CounciImember Bob Mahalik; Councilmember Wes Mays; Councilmember Gary Roden; Councilmember Marvin Franklin and Councilmember Aaron Duncan 14. PUBLIC HEARING: Consider approval of the Old Town (Main Street) Phase II, Replat, being a replat of Lots 1 -5, Block A, Villages of Old Coppell and a portion of Lot 1, Block A, Grapevine Springs Community Center into 64 residential lots and four common area lots on 8.64 acres of property located at the northeast corner of South Coppell Road and the drive leading to the Service Center. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised no one signed up to speak. A motion was made by Councilmember Wes Mays, seconded by Councilmember Marvin Franklin, to close the Public Hearing and approve subject to the following conditions: 1) There will be additional comments generated upon detailed engineering plan review; 2) Park Development fees are $1,285 per unit; 3) A Tree removal permit is required prior to the start of construction; 4) A replat is needed for Grapevine Springs Community Center; 5) Replat of proposed Lot 14, Block A into the Coppell Service Center plat is needed; and 6) Submit HOA documents showing maintenance responsibilities of common areas, walls, and fences. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tern Billy Faught;Councilmember Tim Brancheau;CounciImember Bob Mahalik; Councilmember Wes Mays; Councilmember Gary Roden; Councilmember Marvin Franklin and Councilmember Aaron Duncan 15. PUBLIC HEARING: Consider approval of Case No. PD- 149R2 -SF -7, Vistas of Coppell 1A, Lot 2, Block L, a zoning change request from PD- 149 -SF -7 (Planned City of Coppell, Texas Page 8 City Council Minutes June 11, 2013 Development- 149 - Single Family -7) to PD- 149R2 -SF -7 (Planned Development -149 Revision 2- Single Family -7), to allow a 5.25 -foot encroachment over the required 20 -foot rear building setback line, for the construction of a 288 - square -foot addition at 729 Bella Vista 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 Mayor Pro Tern Billy Faught, seconded by Councilmember Gary Roden, to close the Public Hearing and approve the Agenda Item. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tern Billy Faught;Councilmember Tim Brancheau; CounciImember Bob Mahalik; Councilmember Wes Mays; Councilmember Gary Roden; Councilmember Marvin Franklin and Councilmember Aaron Duncan 16. Consider approval of the Belmont Landing, Preliminary Plat, to develop 55 single - family lots and three (3) common area lots on 15.18 acres of property located on the south side of East Belt Line Road, approximately 450 feet west of South MacArthur Boulevard. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. A motion was made by Councilmember Tim Brancheau, seconded by Councilmember Gary Roden, that this Agenda Item be approved subject to the following conditions: 1) There may be additional comments upon detail engineering review; 2) Park development fees will be assessed at $1,285 per unit; and 3) Review and approval of the HOA documents by the City Attorney prior to filing the Final Plat. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tern Billy Faught;Councilmember Tim Brancheau; CounciImember Bob Mahalik; Councilmember Wes Mays; Councilmember Gary Roden; Councilmember Marvin Franklin and Councilmember Aaron Duncan 17. Consider granting the Planning & Zoning Commission authority for final plat approval of Belmont Landing, to develop 55 single - family lots and three (3) common area lots on 15.18 acres of property located on the south side of East Belt Line Road, approximately 450 feet west of South MacArthur Boulevard. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. A motion was made by Councilmember Tim Brancheau, seconded by Councilmember Gary Roden, that this Agenda Item be approved. The motion passed by an unanimous vote. City of Coppell, Texas Page 9 City Council Minutes June 11, 2013 Aye: 7 - Mayor Pro Tern Billy Faught;Councilmember Tim Brancheau;CounciImember Bob Mahalik; Councilmember Wes Mays; Councilmember Gary Roden; Councilmember Marvin Franklin and Councilmember Aaron Duncan 18. PUBLIC HEARING: Consider approval of Case No. PD- 264- RBN -5, Easthaven, a zoning change request from R (Retail) to PD- 264 -RBN -5 (Planned Development 264 -RBN5- Residential Urban Neighborhood) to allow the development of 58 single - family lots and (3) three common area lots on 22 acres of property located on the south side of S.H. 121, approximately 2,500 feet west of Denton Tap 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. Mark Harris, applicant, answered questions of Council. A motion was made by Councilmember Aaron Duncan, seconded by Councilmember Bob Mahalik, to close the Public Hearing and approve subject to the following conditions: 1) Common Lot D, Lot 1X (buffer /drainage area): a) Once the infrastructure is in place, evergreen trees (such as Elderica Pine or Eastern Red Cedar) shall be planted as necessary to provide that there will be tree approximately every 40 linear feet within this buffer area; 2) Until such time that the second point of access is provided, a maximum of 30 homes shall be built. Homes 31 -58 shall be equipped with an approved fire suppression system unless a second point of access is provided. A temporary access (all weather surface) shall be allowed for a period not to exceed two years, then permanent (concrete) access will be required. This second point of access shall be provided via an easement which shall be filed record. 3) Tree removal permit will be required prior to the removal of any trees; 4) Park Fees in the amount of $1,280 per unit shall be assessed; and 5) CLOMR approval prior to Final Plat approval. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tern Billy Faught;Councilmember Tim Brancheau;CounciImember Bob Mahalik; Councilmember Wes Mays; Councilmember Gary Roden; Councilmember Marvin Franklin and Councilmember Aaron Duncan 19. Consider approval of the Easthaven, Preliminary Plat, to subdivide 22 acres into 58 single - family lots and (3) three common area lots on property located on the south side of S.H. 121, approximately 2,500 feet west of Denton Tap Road. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. A motion was made by Councilmember Aaron Duncan, seconded by Councilmember Bob Mahalik, that this Agenda Item be approved subject to the following conditions: City of Coppell, Texas Page 10 City Council Minutes June 11, 2013 1) There may be additional comments upon detail engineering review; 2) Revise the PD Conditions and Variances to reflect as incorporated in the PD Zoning; 3) Tree removal permit will be required prior to the removal of any trees; 4) Park Fees in the amount of $1,280 per unit shall be assessed; and 5) CLOMR approval prior to Final Plat approval. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tern Billy Faught;Councilmember Tim Brancheau;CounciImember Bob Mahalik; Councilmember Wes Mays; Councilmember Gary Roden; Councilmember Marvin Franklin and Councilmember Aaron Duncan 20. Consider granting the Planning & Zoning Commission authority for Final Plat approval of Easthaven, Preliminary Plat, to subdivide 22 acres into 58 single - family lots and (3) three common area lots on property located on the south side of S.H. 121, approximately 2,500 feet west of Denton Tap Road. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. A motion was made by Councilmember Aaron Duncan, seconded by Councilmember Bob Mahalik, that this Agenda Item be approved. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tern Billy Faught;Councilmember Tim Brancheau;CounciImember Bob Mahalik; Councilmember Wes Mays; Councilmember Gary Roden; Councilmember Marvin Franklin and Councilmember Aaron Duncan 21. PUBLIC HEARING: Consider approval of Case No. PD- 240R5 -HC, North Gateway Plaza, Lot 7R, BlockA - Black Walnut Cafe, a zoning change request from PD- 240R4 -HC (Planned Development -240 Revision 4- Highway Commercial), to PD- 240R5 -HC (Planned Development -240 Revision 5- Highway Commercial), to amend the 12.36 acre Concept Plan and to attach a Detail Site Plan on 1.88 acres to allow the development of a 6,542 square -foot restaurant with a 964- square -foot patio and 2,500 square foot of retail uses to be located at 775 North Denton Tap Road. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised no one signed up to speak. Danny Cummings, 1801 Gateway Blvd., representing the applicant, answered questions of Council. 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; 2) Some drainage will need to be accommodated on the mutual access drive; and City of Coppell, Texas Page 11 City Council Minutes June 11, 2013 3) Ensure proposed signage matches signage to north and south (black reverse illuminated channel letters). Only 20% of the signage is permitted to be logo. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tern Billy Faught;Councilmember Tim Brancheau;CounciImember Bob Mahalik; Councilmember Wes Mays; Councilmember Gary Roden; Councilmember Marvin Franklin and Councilmember Aaron Duncan 22. Consider approval of the North Gateway Plaza, Lot 7R, Block A, Final Plat, to establish various utility and fire lane easements to allow the development of a 6,542 square -foot restaurant, with a 964- square -foot patio and 2,500 square foot of retail uses on 1.88 acres of property located at 775 North Denton Tap Road. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Danny Cummings, 1801 Gateway Blvd., representing the applicant, answered questions of Council. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Bob Mahalik, to approve this Agenda Item subject to the following conditions: 1) There will be additional comments generated upon detailed engineering plan review; 2) Some drainage will need to be accommodated on the mutual access drive; and 3) File all off -site easements and note recording information on plat prior to plat recordation. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tern Billy Faught;Councilmember Tim Brancheau;CounciImember Bob Mahalik; Councilmember Wes Mays; Councilmember Gary Roden; Councilmember Marvin Franklin and Councilmember Aaron Duncan 23. PUBLIC HEARING: Consider approval of Case No. PD- 199R8 -HC, Vista Point II, Lot 6R, Block A, - Children's Learning Adventure, a zoning change request from PD- 199 -HC (Planned Development- 199 - Highway Commercial), to PD- 199R8 -HC (Planned Development- 199 - Revision 8- Highway Commercial), to attach a Detail Site Plan on 2.6 acres to allow the development of a Day Care Center to be located at 811 N. MacArthur Boulevard. 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. Mr. Sieb read a letter from the applicant requesting to continue the Agenda Item to the July 9th Council Meeting. A motion was made by Councilmember Gary Roden, seconded by City of Coppell, Texas Page 12 City Council Minutes June 11, 2013 Councilmember Marvin Franklin, to continue the Public Hearing to the July 9th Council Meeting. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tern Billy Faught;Councilmember Tim Brancheau;CounciImember Bob Mahalik; Councilmember Wes Mays; Councilmember Gary Roden; Councilmember Marvin Franklin and Councilmember Aaron Duncan 24. PUBLIC HEARING: Consider approval of the Vista Point 11, Lot 6R, Block A, Replat, being a replat of Lots 6 and 7, Block A, into one lot and to establish easements, fire lanes and setbacks to allow the development of a Day Care Center on 2.6 acres of property located at 811 N. MacArthur Boulevard. 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. Mr. Sieb read a letter from the applicant requesting to continue the Agenda Item to the July 9th Council Meeting. A motion was made by Councilmember Gary Roden, seconded by Councilmember Bob Mahalik, to close the Public Hearing, deny the Agenda Item and direct the applicant to resubmit with the Public Hearing on July 9th. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tern Billy Faught;Councilmember Tim Brancheau;CounciImember Bob Mahalik; Councilmember Wes Mays; Councilmember Gary Roden; Councilmember Marvin Franklin and Councilmember Aaron Duncan 25. PUBLIC HEARING: Consider approval of the Gateway Business Park 11, Lot 1 R, Block B, - BMSC /Naterra Corp. Headquarters, Replat, to establish setback lines and necessary easements to allow the construction of a 317,212- square -foot, two -story office /warehouse /manufacturing building on 18.4 acres of property located at the southeast corner of Freeport Parkway and Wrangler 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. Clayton Strolle, representing the applicant, was available for questions. A motion was made by Mayor Pro Tern Billy Faught, seconded by Councilmember Gary Roden, to close the Public Hearing and approve this Agenda Item. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tern Billy Faught;Councilmember Tim Brancheau;CounciImember Bob Mahalik; Councilmember Wes Mays; Councilmember Gary Roden; Councilmember Marvin Franklin and Councilmember Aaron Duncan 26. Consider approval of settlement and release agreement(s) by and City of Coppell, Texas Page 13 City Council Minutes June 11, 2013 between Luminant and Coppell concerning property located at Northlake; and, authorizing the City Manager to sign. Presentation: Bob Hager, City Attorney, made a presentation to Council. 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 Billy Faught;Councilmember Tim Brancheau;CounciImember Bob Mahalik; Councilmember Wes Mays; Councilmember Gary Roden; Councilmember Marvin Franklin and Councilmember Aaron Duncan Enactment No: 2013 - 0611.3 27. Consider approval of a surface use agreement by and between Luminant, Trammell Crow No. 43, Ltd., Coppell Independent School District and the City of Coppell covering approximately 1,700 ± acres of land at Northlake; and, authorizing the City Manager to sign and execute all necessary documents. Presentation: Bob Hager, City Attorney, made a presentation to Council. 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 Billy Faught;Councilmember Tim Brancheau;CounciImember Bob Mahalik; Councilmember Wes Mays; Councilmember Gary Roden; Councilmember Marvin Franklin and Councilmember Aaron Duncan Enactment No: 2013 - 0611.4 28. Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Arosh , LLC, 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 Aaron Duncan, that this Resolution be approved. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tern Billy Faught;Councilmember Tim Brancheau;CounciImember Bob Mahalik; Councilmember Wes Mays; Councilmember Gary Roden; Councilmember Marvin Franklin and Councilmember Aaron Duncan Enactment No: 2013 - 0611.1 29. Consider approval of an Civic Center Agreement by and between the City of Coppell and Arosh, LLC, and authorizing the City Manager to sign. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. City of Coppell, Texas Page 14 City Council Minutes June 11, 2013 A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, that this Agenda Item be approved. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tern Billy Faught;Councilmember Tim Brancheau; CounciImember Bob Mahalik; Councilmember Wes Mays; Councilmember Gary Roden; Councilmember Marvin Franklin and Councilmember Aaron Duncan 30. Consider approval of a Resolution approving the terms and conditions of the Interlocal Government Agreement between The Town of Addison, The City of Carrollton, The City of Farmers Branch and The City of Coppell to participate in the Metrocrest Quad Cities Public Safety Radio System, authorizing the Mayor to sign; and, to authorize the City Manager to fund $3,186,366, plus a ten percent (10 %) contingency to purchase the P25 Trunked Radio System, installation and related accessories for the Metrocrest Quad Cities Public Safety Radio System; and authorizing the City Manager to execute any and all appropriate purchase order(s), change order(s) and /or related documents. Presentation: Mac Tristan, Police Chief, made a presentation to Council. A motion was made by Councilmember Tim Brancheau, seconded by Mayor Pro Tern Billy Faught, that this Resolution be approved. The motion passed by an unanimous vote. Aye: 7 - Mayor Pro Tern Billy Faught;Councilmember Tim Brancheau; CounciImember Bob Mahalik; Councilmember Wes Mays; Councilmember Gary Roden; Councilmember Marvin Franklin and Councilmember Aaron Duncan Enactment No: 2013 - 0611.2 31. Consider appointments to Council Committees. Mayor Hunt made the following Committee Appointments: CFBISD /LISD Liaison - Billy Faught and Wes Mays CISD Liaison - Bob Mahalik and Aaron Duncan Coppell Seniors - Tim Brancheau and Billy Faught Dallas Regional Mobility Coalition - Karen Hunt and Gary Roden Regional Green Team - Tim Brancheau Metrocrest Community Clinic - Wes Mays Metrocrest Medical Foundation - Bob Mahalik Metrocrest Social Services /Senior Adult Services - Marvin Franklin North Texas Council of Governments - Aaron Duncan North Texas Commission - Gary Roden A motion was made by Councilmember Gary Roden, seconded by Mayor Pro Tern Billy Faught, that this Agenda Item be approved. The motion passed by an unanimous vote. City of Coppell, Texas Page 15 City Council Minutes June 11, 2013 Aye: 7 - Mayor Pro Tern Billy Faught;Councilmember Tim Brancheau;CounciImember Bob Mahalik; Councilmember Wes Mays; Councilmember Gary Roden; Councilmember Marvin Franklin and Councilmember Aaron Duncan 32. City Manager Reports Project Updates and Future Agendas. City Manager Clay Phillips reported that the Canal Work at Andy Brown Park East continues and the Biodiversity Center is nearing the concrete pouring stage. The Contractors at The Square at Main Street in Old Town Coppell are working on the fountain and establishing the foundation for the pavilion. The Sandy Lake Road project will begin on July 8th. Mr. Phillips also reminded Council that there are no further Council Meetings for June. The next City Council Meeting will be July 9th. 33. Mayor and Council Reports A. Report by Mayor Hunt regarding Metroplex Mayors' Meeting. B. Report by Mayor Hunt regarding Spirit of Coppell 2013. A) Mayor Hunt reported on the Metroplex Mayors' Meeting. The newly elected mayors from the surrounding communities were in attendance. They received a Legislative Update from TML. There will be another TML update opportunity in Austin. See the TML website for details. B) Mayor Hunt announced that the Spirit of Coppell Celebration will begin with fireworks on July 3rd. The musical band will be Limelight. Activities include: bounce houses, food vendors galore, face painting, and train rides. All activities will begin at 7pm with the fireworks show at 9:40pm. On July 4th, the parade will begin at 9am with the route including Samuel Blvd. to Parkway Blvd. to Town Center. 34. Council Committee Reports concerning items of community involvement with no Council action or deliberation permitted. Councilmember Franklin reported that the organizations of Metrocrest Social Services and Senior Adult Services will merge this fall. Tracy Eubanks will be the CEO with Mary Joyner staying as actively involved. 35. Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. Councilmember Duncan reported on the Farmers Market Farm to Table Dinner. He said it was well attended and a great time for everyone. 36. Necessary Action from Executive Session Nothing to report. Adjournment City of Coppell, Texas Page 16 City Council Minutes June 11, 2013 There b n o further business before the Council, the meeting was adjour e ren SeYbo Hunt, AT ST: Christel Pettinos, City Secretary City of Copp elf, Texas Page 17