CM 2013-08-13.
C o � ELL
City of Coppell, Texas
Minutes
City Council
255 Parkway Boulevard
Coppell, Texas 75019 -9478
Tuesday, August 13, 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
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 13, 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 6:13 p.m.
Councilmembers Bob Mahalik and Aaron Duncan arrived during Executive
Session.
Present 8 - Karen Hunt;Billy Faught;Tim Brancheau;Bob Mahalik;Wes Mays;Gary
Roden;Marvin Franklin and Aaron Duncan
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 I.H.
635E and west of Belt Line Road.
Discussed under Executive Session
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City Council Minutes August 13, 2013
B. Discussion regarding Economic Development prospects south of
Wrangler Drive and west of Crestside Drive.
Discussed under Executive Session
Section 551.071, Texas Government Code - Consultation with City Attorney.
C. Discussion regarding Eminent Domain proceedings to acquire real
property along Freeport Parkway.
Discussed under Executive Session
3. Work Session (Open to the Public) 1st Floor Conference Room
Mayor Hunt adjourned the Executive Session at 6:43 p.m. and convened into
the Work Session.
A. Discussion regarding Citizens on Patrol.
B. Presentation regarding Employee Health Clinic.
C. Discussion regarding Recreation Cost Recovery Philosophy.
D. Discussion of Agenda Items.
Presented in Work Session
Regular Session
Mayor Hunt adjourned the Work Session at 7:35 p.m. and opened the Regular
Session.
4. Invocation 7:30 p.m.
Pastor Wayne McDonald with Metrocrest Commuity Church gave the
Invocation.
5. Pledge of Allegiance
Mayor Hunt led those present in the Pledge of Allegiance.
6. Consider approval of a proclamation naming August 21, 2013 as
"National Senior Citizen's Day," and authorizing the Mayor to sign.
Mayor Hunt read the proclamation for the record and presented the same to
Tom Morton, Pat and Frank Chavet, Tom Gardner and several members of the
Grapevine Springs Senior Community Center. A motion was made by Mayor
Pro Tern Billy Faught, seconded by Councilmember Tim Brancheau, 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
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City Council Minutes August 13, 2013
7. Citizens' Appearance
Mayor Hunt advised that no one signed up to speak.
8. Consent Agenda
A. Consider approval of the minutes: July 23, 2013.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Aaron Duncan, to approve Agenda Items A, C, E -H on the
Consent Agenda. Consent Agenda Items B and D were pulled and considered
separately. The motion passed by an unanimous vote.
B. Consider approval of a Resolution of the City Council of the City of
Coppell, Texas, supporting congressional action on Marketplace
Fairness Act; and authorizing the Mayor to sign.
Mayor Hunt pulled Consent Agenda Item B off to be considered separately. City
Manager Clay Phillips briefly explained the basis behind this Agenda Item.
A motion was made by Councilmember Gary Roden, seconded by
Councilmember Wes Mays, to approve this Agenda Item upon striking Where
As paragraphs 8 and 9. The motion passed 6 -1 with Councilmember Tim
Brancheau voting against the motion.
Aye: 6 - Mayor Pro Tern Billy Faught;Councilmember Bob Mahalik;Councilmember
Wes Mays; Councilmember Gary Roden; Councilmember Marvin Franklin
and Councilmember Aaron Duncan
Nay: 1 - Councilmember Tim Brancheau
Enactment No: 2013 - 0813.1
C. Consider approval of an Ordinance amending the Code of Ordinances
of the City of Coppell by amending Chapter 6, "Business Regulations ",
Article 6 -9 deleting Sections 6- 9 -2(D), 6- 9 -2(E) and 6- 9 -2(F) and
Sections 6 -9 -4 and 6 -9 -5 to conform to the Texas Transportation Code
Section 643.201 that regulates Licensing and Registration of Tow
Trucks; and authorizing the Mayor to sign.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Aaron Duncan, to approve Agenda Items A, C, E -H on the
Consent Agenda. Consent Agenda Items B and D were pulled and considered
separately. The motion passed by an unanimous vote.
Enactment No: 2013 -1350
D. Consider approval of a Resolution authorizing the city attorney to file
eminent domain proceedings to acquire 0.138 +/- acres of real
property for the expansion of public roadway and right of way along
Freeport Parkway; and authorizing the Mayor to sign and execute the
necessary documents.
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City Council Minutes August 13, 2013
Mayor Hunt pulled Consent Agenda Item D off to be considered separately.
Mike Garza, Civil Engineer, made a brief presentation to further explain this
Agenda Item.
A motion was made by Councilmember Tim Brancheau, seconded by Mayor
Pro Tern Billy Faught, 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 - 0813.2
E. Consider approval of the certification of the 2013 anticipated collection
rate for the period July 1, 2013 through June 30, 2014 and the amount
of excess debt collections during the period of July 1, 2012 through
June 30, 2013.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Aaron Duncan, to approve Agenda Items A, C, E -H on the
Consent Agenda. Consent Agenda Items B and D were pulled and considered
separately. The motion passed by an unanimous vote.
F. Consider a Resolution approving the Second Amendment to the
Declaration of Covenants, Conditions, and Restrictions for Main Street
Coppell relating to their application to the property to be located in Old
Town (Main Street) Phase II and authorizing the Mayor and City
Manager to sign all related documents.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Aaron Duncan, to approve Agenda Items A, C, E -H on the
Consent Agenda. Consent Agenda Items B and D were pulled and considered
separately. The motion passed by an unanimous vote.
Enactment No: 2013 - 0813.3
G. Consider approval of an amendment to review the exclusive redlight
enforcement system between the City of Coppell and Redflex Traffic
Systems for the Photo Red Light Enforcement Program; and
authorizing the City Manager to sign.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Aaron Duncan, to approve Agenda Items A, C, E -H on the
Consent Agenda. Consent Agenda Items B and D were pulled and considered
separately. The motion passed by an unanimous vote.
H. Consider approval of an Ordinance of the City of Coppell, Texas,
amending Ordinance No. 2013 -1349, ordering a Special Election to be
held on November 5, 20131 by adding provisions for Coppell residents
residing in Denton County; providing an effective date; and authorizing
the Mayor to sign.
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City Council Minutes August 13, 2013
Considerar la aprobacion pars un Mandato del Ayuntamiento de la
Cuidad de Coppell, Texas reformando el Mandato No. 2013 -1349 en
el cual se ordena una eleccion especial a convocarse el 5 de
Noviembre del 2013 agregandosele clausulas aplicables a los
habitantes de Coppell en el condado de Denton, contemplandose una
feche en vigor; y use autorizandose al Alcalde pars firmarlo.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Aaron Duncan, to approve Agenda Items A, C, E -H on the
Consent Agenda. Consent Agenda Items B and D were pulled and considered
separately. The motion passed by an unanimous vote.
Enactment No: 2013 -1351
End of Consent Agenda
9. PUBLIC HEARING:
Consider approval of the Northlake Woodlands Estates East, PH I, Lot
1 OR, Block 2, Replat, being a replat of Lot 10, Block 2, to reduce the
required 30 -foot front building setback line to 22.5 feet, to allow the
construction of a 147 - square -foot porch at 616 Villawood Lane.
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 Marvin Franklin, seconded by
Councilmember Bob Mahalik, 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
10. PUBLIC HEARING:
Consider approval of the Northlake 635 Business Park, Lot 1, Block E
and Lot 1 R2R, Block D, Replat, being a replat of Lot 1 R1 and 1 R2,
Block D, to establish necessary easements and fire lanes to allow the
development of two office buildings on 8.4 acres (Lot 1, Block E) and
to incorporate approximately 1.3 acres of property into Lot 1 R2R,
Block D (24.4 acres), for a total of 32.83 acres of property located at
the northwest corner of South Belt Line Road and Lakeshore Drive.
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.
Sarah Beth White, representing the applicant, answered questions of Council.
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A motion was made by Councilmember Gary Roden, seconded by
Councilmember Bob Mahalik, to close the Public Hearing and approve this
Agenda Item subject to the following conditions:
1) Additional comments may be generated upon 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 Tern Billy Faught;Councilmember Tim
Brancheau;CounciImember Bob Mahalik; Councilmember Wes
Mays; Councilmember Gary Roden; Councilmember Marvin Franklin and
Councilmember Aaron Duncan
11. CONTINUED PUBLIC HEARING:
Consider approval of Case No. PD- 199R8 -HC, Vista Point 11, 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: Marcie Diamond, Assistant Director of Planning, made a
presentation to Council to consider Agenda Items 11 and 12 together.
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 Marvin Franklin, to close the Public Hearing and approve this
Agenda Item subject to the following conditions:
1) There may be additional comments after detail engineering review;
2) Tree removal permit shall be required prior to the removal of any trees;
3) Prior to issuance of Building Permit, the owner /applicant shall place
sufficient funds in escrow for one - fourth the cost of the proposed traffic signal
to be located at MacArthur Blvd. and Lake Vista Drive. The issuance of a
Certificate of Occupancy may be issued prior to the installation of the traffic
signal; and
4) The Children's Learning Adventure buses shall utilize SH 121 instead of
cutting thru the Vistas of Coppell neighborhood to access Denton Creek
Elementary and Middle School North.
The motion passsed 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
12. 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
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City Council Minutes August 13, 2013
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: Marcie Diamond, Assistant Director of Planning, made a
presentation to Council to consider Agenda Items 11 and 12 together.
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 Marvin Franklin, to close the Public Hearing and approve this
Agenda Item subject to additional conditions upon Engineering Review. The
motion passsed 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
13. Consider approval of awarding Job Order Contract to Core
Construction in the amount of $349,337.02 for Phase II second floor
renovation of 265 Parkway; and authorizing the City Manager to sign
all necessary documents.
Presentation: Ken Griffin, Director of Engineering, made a presentation to
Council.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Tim Brancheau, 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
14. Consider approval of a Health Services Agreement between the City of
Coppell and Marathon Health, Inc. for operation of a joint Employee
Health Clinic in the amount of $216,250.00 and authorizing the City
Manager to sign all necessary documents.
Presentation: Vivyon Bowman, Director of Human Resources, made a
presentation to Council.
A motion was made by Councilmember Wes Mays, seconded by
Councilmember Gary Roden, 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
15. Consider approval of an agreement between The City of Coppell and
Redflex Traffic Systems related to enforcement of unpaid violation
notices ( "Automated Scofflaw Program "). The proposed agreement
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City Council Minutes August 13, 2013
has an initial term of five (5) years in addition to two (2) optional
five -year extensions; and authorizing the City Manager to sign.
Presentation: Captain Jim Cook made a presentation to Council.
A motion was made by Councilmember Tim Brancheau, seconded by Mayor
Pro Tern Billy Faught, 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
16. City Manager Reports
Project Updates and Future Agendas.
Read and Filed
City Manager Clay Phillips spoke about the Sandy Lake Road Improvements.
He said the project is still months away from completion, so he encourages all
residents to seek an alternate route. He also mentioned Mockingbird Lane is
going very well. It looks to be completed before school ends.
Regarding future agendas, Mr. Phillips reminded Council that the Public
Hearing for the Municipal Budget will be on the August 27th agenda with the
vote before Council on the September 10th agenda.
17. Mayor and Council Reports
Report on the Transportation and Infrastructure Summit in Irving.
Read and Filed
Councilmember Mays reported on the Transportation and Infrastructure
Summit held in Irving. Mayor Hunt, Councilmembers Roden and Mays and
George Marshall, Traffic Engineer, were all in attendance. The discussion at the
Summit included: sessions on the capacities of the road ways, financing and
water infrastructure.
18. Public Service Announcements concerning items of community interest with no
Council action or deliberation permitted.
Mayor Hunt announced that Grapevine's Grapefest Grape Stomp will be held
on September 14 at 11am. Mayor Pro Tern Billy Faught and Councilmember Tim
Brancheau will represent the City of Coppell in the grape stomping contest.
19. Necessary Action from Executive Session
Nothing to report.
Adjournment
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no further business before the Council, the meeting was
Kaien Sefbo Hunt,
ATTEST:
D
a rsel Pettino , City Secretary
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