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CM 2013-10-08. C o � ELL City of Coppell, Texas Minutes City Council 255 Parkway Boulevard Coppell, Texas 75019 -9478 Tuesday, October 8, 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, October 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 6:10 p.m. 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 south of Airline Drive and west of Belt Line Road. Discussed under Executive Session Section 551.071, Texas Government Code - Consultation with City Attorney. City of Coppell, Texas Page 1 City Council Minutes October 8, 2013 B. Consultation with the City Attorney in regards to Cause Number 05 -10- 00283 -CV, styled Mira Mar Development Corporation v. City of Coppell, Texas. Postponed to the City Council due back on 10/22/2013 Section 551.074, Texas Government Code - Personnel Matters. C. City Manager Evaluation. Discussed under Executive Session 3. Work Session (Open to the Public) 1st Floor Conference Room Mayor Hunt recessed the Executive Session at 7:28 p.m. and convened into the Regular Session. A. Discussion regarding Jail Contract Renewal. B. Discussion of Agenda Items. Work Session was not held. Regular Session 4. Invocation 7:30 p.m. Pastor Barkef Osigian with Coppell Bible Church gave the Invocation. 5. Pledge of Allegiance Coppell Fire Department Honor Guard posted the colors and led those present in the Pledge Allegiance. 6. Citizens' Appearance Mayor Hunt advised that no one signed up to speak. 7. Recognition of Vivyon Bowman honoring his 30 years of service to the City of Coppell. Mayor Hunt and the City Council recognized Vivyon Bowman, Director of Human Resources and Administration, for his 30 years of service with the City of Coppell. 8. Consider approval of a proclamation naming the month of October, "National Breast Cancer Awareness Month," and authorize the Mayor to sign. Mayor Hunt read the proclamation for the record and presented the same to the Pink Soles in Motion. A motion was made by Councilmember Wes Mays, seconded by Mayor Pro City of Coppell, Texas Page 2 City Council Minutes October 8, 2013 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 9. Consider approval of a proclamation naming the week of October 6 - 12, 2013 as "Fire Prevention Week" and authorizing the Mayor to sign. Mayor Hunt read the proclamation for the record and presented the same to Fire Chief Kevin Richardson and Deputy Fire Chief Tim Oates. A motion was made by Mayor Pro Tern Billy Faught, 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 10. Consent Agenda A. Consider approval of the minutes: September 24, 2013. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, to approve Consent Agenda Items A -D and F. Consent Agenda Item E was considered separately. The motion passed by an unanimous vote. B. Consider approval of an Ordinance for Case No. S- 1137R4, First United Methodist Church - Ministry Building, a zoning change from S -1137R (Special Use Permit -1137 Revised) to S- 1137R4 to (Special Use Permit -1137 Revision 4), to allow the construction of a 18,547- square -foot building on seven (7) acres of property located at 425 Heartz Road and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, to approve Consent Agenda Items A -D and F. Consent Agenda Item E was considered separately. The motion passed by an unanimous vote. Enactment No: 91500 -A -632 C. Consider approval of an Ordinance for Case No. PD- 266 -SF -9, Shadow Ridge Estates -5th Increment, Lots 1 R -3R, Block A, a zoning change from SF -12 (Single Family -12) to PD- 266 -SF -9 (Planned Development- 266- SF -9), to allow the development of three (3) single - family lots on 0.8 acres of property located at the southeast corner of S. Coppell Road and Plantation Drive and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by City of Coppell, Texas Page 3 City Council Minutes October 8, 2013 Councilmember Gary Roden, to approve Consent Agenda Items A -D and F. Consent Agenda Item E was considered separately. The motion passed by an unanimous vote. Enactment No: 91500 -A -633 D. Consider approval of Council goals /staff work plan for fiscal year 2013 -2014. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, to approve Consent Agenda Items A -D and F. Consent Agenda Item E was considered separately. The motion passed by an unanimous vote. E. Consider approval of a Resolution approving the terms and conditions of an Interlocal Agreement between the City of Carrollton and the City of Coppell to provide detention services for all detainees of the City of Coppell Police Department; and authorizing the Mayor to sign. Consent Agenda Item E was pulled and considered separately. Presentation: Police Chief Mac Tristan 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. Enactment No: 2013 - 1008.1 F. Consider approval to award TXMAS Agreement with Johnson Controls in the amount of $130,228.40 for the replacement of HVAC rooftop units (BTU's) at 265 Parkway as budgeted, and authorize the City Manager to sign all necessary documents. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, to approve Consent Agenda Items A -D and F. Consent Agenda Item E was considered separately. The motion passed by an unanimous vote. End of Consent Agenda 11. PUBLIC HEARING: Consider approval of Case No. PD- 133R6 -SF -7, Northaven Addition, a zoning change request from PD- 133 -HC (Planned Development- 133 - Highway Commercial) to PD- 133R6 -SF -7 (Planned Development -133 Revision 6- Single Family -7), to allow the development of 13 single - family lots and four (4) 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 "Residential Neighborhood ". Presentation: Gary Sieb, Director of Planning, made a presentation to Council. City of Coppell, Texas Page 4 City Council Minutes October 8, 2013 Bobby Rollings, representing the applicant, made a presentation to Council. Mayor Hunt opened the Public Hearing and asked for those who signed up to speak: 1) Bryan Thompson, 626 Madison St., spoke against the item. 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. 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 12. PUBLIC HEARING: Consider approval of Case No. PD- 235R- SF -12, Akula, a zoning change request from SF -12 (Single Family -12) to PD- 235R -SF -12 (Planned Development -235 Revised - Single Family -12), to allow the construction (retention) of an (8) eight -foot decorative metal fence in the front yard of the existing home located at 1180 E. Sandy Lake Road. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Daniel St. Claire, representing the applicant, was available for questions of the Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. A motion was made by Councilmember Aaron Duncan, 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 13. PUBLIC HEARING: Consider approval of Case No. PD- 243R -R, Riverchase Montessori School, a zoning change request from PD -243 -R (Planned Development- 243 - Retail) to PD- 243R -R (Planned Development -243 Revised - Retail), to allow the development of a 14,060 - square -foot daycare /school with a future 2,400 - square -foot retail building on approximately two (2) acres of property located on the south side of East Sandy Lake Road, 250 feet east of Riverview Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Robert Schneeberg, representing the applicant, was available for questions of Council. City of Coppell, Texas Page 5 City Council Minutes October 8, 2013 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 Gary Roden, to close the Public Hearing and approve this Agenda Item subject to the following condition: 1) Two (2) attendants shall be provided by the daycare facility to assist in the movement of students from vehicles to and from the building to vehicles. 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 the Riverchase Montessori School Addition, Lot 1, Block A, Minor Plat, to establish setbacks, fire lane and easements, to allow the development of a 14,060 square foot day care /school with a future 2,400- square -foot building on approximately two (2) acres of property located on the south side of East Sandy Lake Road, 250 feet east of Riverview Drive. Presentation: Gary Sieb, Director of Planning, 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 15. Consider approval of the Spencer Estate, Lot 1, Block A, Minor Plat, to establish a building site and establish necessary easements to permit the construction of one single - family home on 4.2 acres of property located on the north side of Deforest Road, approximately 150 feet east of Prestwick Court. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. A motion was made by Councilmember Bob Mahalik, 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. PUBLIC HEARING: Conduct a public hearing and consider approval of Ordinance No. 2013 -1355 which designated Coppell Restaurant Group, LP, as Reinvestment Zone No. 83 pursuant to Section 312.201 of the City of Coppell, Texas Page 6 City Council Minutes October 8, 2013 Property Redevelopment and Tax Abatement Act, and Resolution No. 2013- 0924.2 approving the Tax Abatement Agreement with Coppell Restaurant Group, LP. Presentation: Mindi Hurley, Economic Development Coordinator, 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 Wes Mays, 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 17. PUBLIC HEARING: Consider approval of an Ordinance designating SourceHOV, LLC, Reinvestment Zone No. 85 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign. Presentation: Mindi Hurley, Economic Development Coordinator, 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 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 Enactment No: 2013 -1356 18. PUBLIC HEARING: Consider approval of an Ordinance designating ALCO Stores, Inc., Reinvestment Zone No. 80 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign. Presentation: Mindi Hurley, Economic Development Coordinator, 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. City of Coppell, Texas Page 7 City Council Minutes October 8, 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 Enactment No: 2013 -1357 19. PUBLIC HEARING: Consider approval of a Resolution granting a variance of seventy (70') feet from the 300 -foot prohibited requirement, under Ordinance No. 2006 -1143, Article 6 -16, Section 6 -16 -2 of the Code of Ordinances, to a business selling alcoholic beverages, Maple Mart with an address being 1301 E. Belt Line Road; and authorizing the Mayor to sign. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. A motion was made by Councilmember Wes Mays, seconded by Councilmember Aaron Duncan, 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 Enactment No: 2013 - 1008.2 20. City Manager Reports Project Updates and Future Agendas. City Manager Clay Phillips reported on the water line issue on Sandy Lake Road. He also reported that the MacArthur Dog Park should open in November. Finally, Mr. Phillips reminded Councilmembers that there are only three Council meetings left in the calendar year. 21. Mayor and Council Reports A. Report by Mayor Hunt regarding the Metroplex Mayors' Meeting. B. Report by Councilmembers regarding National Night Out. C. Report by Mayor Hunt regarding Oakfest on October 19th. Mayor Hunt attended the Metroplex Mayors' Meeting where the guest speaker was from the State Fair of Texas. Councilmember Franklin reported on his 7th year participating in National Night Out. There were over 70 parties this year which was the highest level in the city to date. Councilmember Franklin congratulated the Police Department for hosting the event. Mayor Hunt announced that Oakfest will be held on October 19th from 5pm — 10pm at Andy Brown East. Activities will include: face painting, food vendors, train rides, bounce houses, and more. This year's live entertainment is Maiden City of Coppell, Texas Page 8 City Council Minutes October 8, 2013 Texas and Downtown Fever. 22. Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. Nothing to report. At this time, Council reconvened into the Executive Session at 9:05 p.m. Mayor Hunt adjourned the Executive Session at 9:55 p.m. and reconvened into the Regular Session. 23. Necessary Action from Executive Session A motion was made by Councilmember Bob Mahalik, seconded by Mayor Pro Tern Billy Faught, to authorize the Mayor to execute an amendment to the City Manager's contract to include a 3% raise in base compensation and annual deferred compensation, an increase of $1,000 to his Annual Retention Incentive, and to also include language that causes the three -year term to automatically renew for an additional year unless the City Council chooses otherwise. The motion passed by an unanimous vote. Adjournment There eing no further business before the Council, the meeting was adjo r d. K ren Se bo Hunt, IN4yor ATTEST: Christel Pettinos, City Secretary City of Coppell, Texas Page 9