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CM 2007-05-08 MINUTES OF MAY 8, 2007 The City Council of the City of Coppell met in Regular Called Session on Tuesday, May 8, 2007, at 5:30 p.m. p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor Billy Faught, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Marsha Tunnell, Councilmember Marvin Franklin, Councilmember Bill York, Councilmember Councilmember Hinojosa-Flores was absent from the meeting. Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert Hager. 1. Call to order. Mayor Stover called the meeting to order, determined that a quorum was present and convened into Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045-107; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3,; and CB Parkway Business Center, et al vs. City of Coppell, et al.; and City of Dallas vs. Douglas Stover, et al in the 191st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101st District Court. 2. To seek legal advice from City Attorney concerning proposed agreements with Dart regarding railroad and grade reconstruction and maintenance. B. Section 551.087, Texas Government Code – Economic Development Negotiations. ED Prospects West of Beltline/Denton Tap and south of 1. Bethel Road. cm050807 Page 1 of 17 Mayor Stover convened into Executive Session at 5:51 p.m. as allowed under the above-stated article. Mayor Stover recessed the Executive Session at 6:53 p.m. and opened the Regular Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Review of Council Strategy and Goal Setting. B. Discussion of Agenda Items. Work Session was not convened. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. The Reverend Jennifer Scott of the First United Methodist Church led those present in the invocation. 6. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 7. Consider approval of a proclamation congratulating Coppell High School students on their appointments to military academies, and authorizing the Mayor to sign. Presentation: Mayor Stover read Proclamations for the record and presented the same to each student. Action: Councilmember Peters moved to approve a proclamation congratulating Matthew Hansen on his appointment to West Point, and authorizing the Mayor to sign. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor cm050807 Page 2 of 17 Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. Councilmember Peters moved to approve a proclamation congratulating Parker Pope on his appointment to the Merchant Marines, and authorizing the Mayor to sign. Councilmember Faught seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. Councilmember Peters moved to approve a proclamation congratulating Michael Shuman on his appointment to the Naval Academy at Annapolis, and authorizing the Mayor to sign. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 8. Citizens’ Appearances. There was no one signed up to speak under this item. CONSENT AGENDA 9. Consider approval of the following consent agenda items: A. Consider approval of minutes: April 24, 2007. B. Consider the approval of a Resolution authorizing the City of Coppell to enter into a Local Project Advance Funding Agreement (LPAFA) with the State of Texas for voluntary local government contributions to transportation improvement projects; providing for the Federal funding of the IH 635 westbound frontage road, west of Belt Line Road; authorizing the Mayor to sign and providing an effective date. C. Consider approval of an Ordinance for Case No. PD-108R2.2- SF-9, The Reserve, Lot 11, Block B, zoning change from PD- 108R2-SF-9 (Planned Development-108 Revision 2-Single Family-9) to PD-108R2.2-SF-9 (Planned Development-108 Revision 2.2-Single Family-9) to allow up to 30% stucco and to permit alternate paving materials for the driveway on property located at 725 Penfolds Lane, and authorizing the Mayor to sign. cm050807 Page 3 of 17 D. Consider approval of an Ordinance for Case No. PD-221R-HC, Duke Lesley Addition, zoning change from PD-221-HC (Planned Development-221-Highway Commercial) to PD-221R-HC (Planned Development-221 Revised-Highway Commercial) to attach a Detail Site Plan to allow for a 182,700-square-foot office building on 11.85 acres of property located at the southwest corner of the proposed extension of Dividend Drive and S. Beltline Road, and authorizing the Mayor to sign. E. Consider approval of an Ordinance for Case No. S-1215R-C, Kountry Donuts & Cafe, zoning change from S-1215-C (Special Use Permit-1215-Commercial) to S-1215R-C (Special Use Permit-1215 Revised-Commercial), to allow a 1,400-square-foot restaurant with drive-through service on 0.49 of an acre of property located along the west side of S. Denton Tap Road, approximately 500 feet north of Southwestern Boulevard, and authorizing the Mayor to sign. F. Consider approval of an Ordinance for Case No. S-1237-C, Da Dusty Cellar, zoning change request from C (Commercial) to S- 1237-C (Special Use Permit-1237-Commercial) to allow a 3,000- square-foot convenience/retail store to be located at 751 S. MacArthur Blvd., #505, and authorizing the Mayor to sign. G. Consider approval of an Ordinance for Case No. S-1238-C, Kegs N Cellar, zoning change from C (Commercial) to S-1238-C (Special Use Permit-1238-Commercial) to allow a 2,850-square- foot convenience/retail store to be located at 777 S. MacArthur Blvd., #413-417, and authorizing the Mayor to sign. H. Consider approval of an Ordinance for Case No. S-1240-R, DeVine Cellars, zoning change from R (Retail) to S-1240-R (Special Use Permit-1240-Retail) to allow a 2,981-square-foot retail/convenience store and tasting room to be located at 115 W. Sandy Lake Road, and authorizing the Mayor to sign. Action: Councilmember Peters moved to approve Consent Agenda Items A, B carrying Resolution No. 2007-0508.1 and adding condition that Duke will be financially responsible for funding in the amount of $952,416.50, C carrying Ordinance No. 91500-A-454, D carrying Ordinance No. 91500-A-455, E carrying Ordinance No. 91500-A-456, F carrying Ordinance No. 91500-A-457, G carrying Ordinance No. cm050807 Page 4 of 17 91500-A-458 and H carrying Ordinance No. 91500-A-459. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 10. PUBLIC HEARING: Consider approval of a Resolution granting a variance of three hundred (300’) feet to Harun Bruno Ceka (Siena Pasta & Pizza) 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 or offering for sale alcoholic beverages, with a business address being 780 S. MacArthur Boulevard, Suite 100; and authorizing the Mayor to sign. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember York moved to close the Public Hearing and approve Resolution No. 2007-0508.2 granting a variance of three hundred (300’) feet to Harun Bruno Ceka (Siena Pasta & Pizza) 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 or offering for sale alcoholic beverages, with a business address being 780 S. MacArthur Boulevard, Suite 100; and authorizing the Mayor to sign. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 11. PUBLIC HEARING: Consider approval of Case No. PD-213R2-H, Lost Creek Townhomes, zoning change request from H (Historic) to PD-213R2-H (Planned Development-213 Revision 2-Historic) with a Detail Site Plan, to allow the development of 25 residential units, recreation, open space and common areas on 4.57 acres of property and a Concept Plan for commercial uses on approximately one acre of property located cm050807 Page 5 of 17 along the east side of Coppell Road, approximately 210 feet north of Bethel Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Jason Rose, 1207 Bethel School Court, Applicant, addressed the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Brancheau moved to close the Public Hearing and approve Case No. PD-213R2-H, Lost Creek Townhomes, zoning change request from H (Historic) to PD-213R2-H (Planned Development-213 Revision 2-Historic) with a Detail Site Plan, to allow the development of 25 residential units, recreation, open space and common areas on 4.57 acres of property and a Concept Plan for commercial uses on approximately one acre of property located along the east side of Coppell Road, approximately 210 feet north of Bethel Road; subject to the following conditions: 1) Label Mulberry Lane on all exhibits; eliminate Kate Lane; 2) Landscape Plan needs to be signed by a registered landscape architect; 3) Insure units comply with Old Coppell Design Guidelines; 4) Drainage system will be further evaluated during Engineering's plan review process; and 5) Park development fee of $1285/unit and tree removal permit required. Councilmember Tunnell seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 12. PUBLIC HEARING: Consider approval of Case No. PD-214R2-SF-9 and C, Arbor Manors, zoning change request from C (Commercial), R (Retail) and SF-9 (Single Family–9) to PD-214R2-SF-9 and C (Planned Development-214 Revision - 2 Single-Family-9 and Commercial), with a Concept Site Plan to allow the development of 73 single-family homes on approximately 24 acres and commercial uses on approximately five cm050807 Page 6 of 17 acres of property located south of Sandy Lake Road; west of Denton Tap Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Matt Alexander, Applicant, addressed the Council. Public Hearing: Mayor Stover opened the Public Hearing and asked for those persons wishing to speak on this proposal. 1) Jeannine Luenser, 120 Hearthwood Drive, spoke against the proposal; 2) Gina Calabro, 116 Hearthwood Drive, spoke against the proposal; 3) Ernie Jennings, 251 Tealwood, spoke against the proposal; and 4) Paul Tillson, 129 Hearthwood, spoke against the proposal. Action: Councilmember York moved to close the Public Hearing and approve Case No. PD-214R2-SF-9 and C, Arbor Manors, zoning change request from C (Commercial), R (Retail) and SF-9 (Single Family–9) to PD-214R2-SF-9 and C (Planned Development-214 Revision - 2 Single-Family-9 and Commercial), with a Concept Site Plan to allow the development of 73 single-family homes on approximately 24 acres and commercial uses on approximately five acres of property located south of Sandy Lake Road; west of Denton Tap Road; subject to the following conditions: 1) Park development fees will be assessed at $1285/unit; 2) Tree removal permit will be required prior to any construction start; 3) Explain development of cul-de-sac on west property line (how, easement, etc.) with written statement; 4) ALL common areas need to be identified by ascending numbers 1X, 2X, 3X, 4X, 5X, etc.; 5) Indicate wall column spacing on exhibit (10- to 30-foot spacing); 6) Indicate “existing guard rail” along Tealwood Drive will be removed upon street construction; 7) Need sealed/signed Landscape Plan by a registered landscape architect; 8) Runoff needs to be intercepted before reaching Sandy Lake Road; drainage will be evaluated further during Engineering plan review; 9) Label water and sanitary sewer lines correctly and tie into Tealwood Drive; 10) Connect to the existing access drive to the south; 11) 40% lot coverage for single story and 35% lot coverage for two-story; 12) Tree mitigation fee in the amount of $101,000.00; and cm050807 Page 7 of 17 13) Eight (8) foot board on board fence on the southern boundary of the development which borders the residential property in Wynnpage. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. A short recess was taken at this time. 13. PUBLIC HEARING: Consider approval of Case No. S-1108R3-A, T-Mobile, zoning change request from S-1108-A (Special Use Permit-1108-Agriculture) to S- 1108R3-A (Special Use Permit-1108 Revision 3-Agriculture), to allow for a wireless communication antenna to be mounted to an existing electric transmission tower, with an accessory cabinet at the base of the tower, located approximately 1,000-feet southwest of the intersection of MacArthur Boulevard and the transmission line easement; north of Belt Line Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. David Kirk, Applicant, addressed the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Tunnell moved to close the Public Hearing and approve Case No. S-1108R3-A, T-Mobile, zoning change request from S-1108-A (Special Use Permit-1108-Agriculture) to S-1108R3-A (Special Use Permit-1108 Revision 3- Agriculture), to allow for a wireless communication antenna to be mounted to an existing electric transmission tower, with an accessory cabinet at the base of the tower, located approximately 1,000-feet southwest of the intersection of MacArthur Boulevard and the transmission line easement; north of Belt Line Road; subject to the following conditions: cm050807 Page 8 of 17 1) If access or improvements are within the Riverchase HOA, permission must be granted by the HOA prior to construction. Submit easement agreement; 2) Accurately depict the nine antenna on the elevation sheet; 3) Show masonry wall and gate specifications on black and white elevation (i.e., materials, color and type). The gate shall be solid and painted to match the masonry wall; and 4) Ensure the engineer is listed with the Texas Board of Professional Engineers. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 14. PUBLIC HEARING: Consider approval of the Shadydale Acres, Lots 4R1 and 4R2, Block C, Replat, being a replat of Lot 4R, Block C, into two lots to allow the development of two single-family homes on 1.108 acres of property located along the east side of Shadydale Lane, 190’ north of Shady Oak Lane. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Steve Payne, 607 Lake Park, Applicant, addressed the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Peters moved to close the Public Hearing and approve the Shadydale Acres, Lots 4R1 and 4R2, Block C, Replat, being a replat of Lot 4R, Block C, into two lots to allow the development of two single-family homes on 1.108 acres of property located along the east side of Shadydale Lane, 190’ north of Shady Oak Lane, subject to the following conditions: 1) Waiver of the alley requirement; 2) A Tree Removal Permit being obtained for each lot prior to the issuance of a Building Permit; 3) Impact Fees will be required for the additional water and sewer service to the new Lot 4R2; and cm050807 Page 9 of 17 4) Contact Larry Redick at (972) 323-8917 to discuss electric easement requirements. Mayor Pro Tem Faught seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 15. PUBLIC HEARING: Consider approval of Case No. PD-227-SF-12, Bellacere Addition, zoning change request from 2F-9 (Two Family-9 Residential) to PD- 227-SF-12 (Planned Development-227-Single Family-12), to allow the construction of four single-family homes on 1.961 acres of property located along the north side of Sandy Lake Road, approximately 150- feet east of Summer Place Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Tom Whatley, Applicant, addressed Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Tunnell moved to close the Public Hearing and approve: Item 15: Case No. PD-227-SF-12, Bellacere Addition, zoning change request from 2F-9 (Two Family-9 Residential) to PD-227-SF-12 (Planned Development-227-Single Family-12), to allow the construction of four single-family homes on 1.961 acres of property located along the north side of Sandy Lake Road, approximately 150- feet east of Summer Place Drive, subject to the following conditions: 1) Park development fees are $1,285.00 per unit; and 2) A Tree Removal Permit is required prior to start of construction. and Item 16: cm050807 Page 10 of 17 Bellacere Addition, Lots 1-4, Block A, Preliminary Plat, to establish lot lines, easements and a fire lane to allow the construction of four single-family homes on 1.961 acres of property located along the north side of Sandy Lake Road, approximately 150-feet east of Summer Place Drive, subject to the following conditions: 1) Drainage issues will be evaluated further during the Engineering plan review process; and 2) Waiver of requirement of the Subdivision Ordinance that all residential lots front on dedicated streets. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 16. Consider approval of the Bellacere Addition, Lots 1-4, Block A, Preliminary Plat, to establish lot lines, easements and a fire lane to allow the construction of four single-family homes on 1.961 acres of property located along the north side of Sandy Lake Road, approximately 150-feet east of Summer Place Drive. This item was considered under Item 15. See Item 15 for minutes. 17. Consider granting the Planning & Zoning Commission Final Plat approval authority of the Bellacere Addition, Lots 1-4, Block A, to establish lot lines, easements and a fire lane to allow the construction of four single-family homes on 1.961 acres of property located along the north side of Sandy Lake Road, approximately 150- feet east of Summer Place Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Action: Councilmember Tunnell moved to grant he Planning & Zoning Commission Final Plat approval authority of the Bellacere Addition, Lots 1-4, Block A, to establish lot lines, easements and a fire lane to allow the construction of four single-family homes on 1.961 acres of property located along the north side of Sandy Lake Road, approximately 150-feet east of Summer Place Drive. Councilmember Peters seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught cm050807 Page 11 of 17 and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 18. PUBLIC HEARING: Consider approval of Case No. S-1216R, Cool Star Beverage, zoning change request from PD-157R6-C-S-1216 (Planned Development-157 Revision 6-Commercial–Special Use Permit- 1216) to PD-157R6-C-S- 1216R (Planned Development-157 Revision 6-Commercial-Special Use Permit-1216-Revised) to allow the operation of an approximate 1,600-square-foot retail/convenience store to be located at 809 S. MacArthur, Suite 125 (southwest corner of Belt Line Road and MacArthur Boulevard). Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Kristen An, Applicant, addressed the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember York moved to close the Public Hearing and approve Case No. S-1216R, Cool Star Beverage, zoning change request from PD-157R6-C-S-1216 (Planned Development-157 Revision 6-Commercial–Special Use Permit- 1216) to PD-157R6-C-S-1216R (Planned Development-157 Revision 6-Commercial- Special Use Permit-1216-Revised) to allow the operation of an approximate 1,600-square-foot retail/convenience store to be located at 809 S. MacArthur, Suite 125 (southwest corner of Belt Line Road and MacArthur Boulevard), subject to the following conditions: 1) Compliance with all City of Coppell Ordinances, as well as TABC rules and regulations, which are specific to this use; and 2) The hours of operation for this store shall not exceed 9 a.m. to midnight Monday-Saturday and noon until midnight on Sunday. Mayor Pro Tem Faught seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. cm050807 Page 12 of 17 19. PUBLIC HEARING: Consider approval of Case No. S-1187R2-C, Pizza Inn, zoning change request from S-1187R-C (Special Use Permit-1187 Revised– Commercial) to S-1187R2-C (Special Use Permit-1187 Revision-2- Commercial) to allow a 1,425-square-foot expansion of the existing 1,050-square-foot take-out restaurant to include limited seating, game room and party room, located at 777 S. MacArthur Blvd., Suite 405. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Shameem Hasan, Applicant, addressed Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Franklin moved to close the Public Hearing and approve Case No. S-1187R2-C, Pizza Inn, zoning change request from S-1187R-C (Special Use Permit-1187 Revised–Commercial) to S-1187R2-C (Special Use Permit- 1187 Revision-2-Commercial) to allow a 1,425-square-foot expansion of the existing 1,050-square-foot take-out restaurant to include limited seating, game room and party room, located at 777 S. MacArthur Blvd., Suite 405, subject to the following conditions: 1) The site shall be developed in accordance with the Site Plan, Floor Plan and Sign Plan. One additional attached sign identical to the existing sign shall be permitted; and 2) The hours of operation shall not exceed 9 a.m. to midnight, seven days a week Councilmember Peters seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 20. Consider approval of an Ordinance for Case No. S-1239-C, Camp Bow Wow, zoning change from C (Commercial) to S-1239-C (Special Use Permit-1239-Commercial) to allow a 6,484-square-foot kennel with a cm050807 Page 13 of 17 screened 3,900-square-foot outside play area to be located at 769 S. MacArthur Boulevard, Suite #233, and authorizing the Mayor to sign. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Action: Councilmember Tunnell moved to approve Ordinance No. 91500-A-460 for Case No. S-1239-C, Camp Bow Wow, zoning change from C (Commercial) to S-1239- C (Special Use Permit-1239-Commercial) to allow a 6,484-square-foot kennel with a screened 3,900-square-foot outside play area to be located at 769 S. MacArthur Boulevard, Suite #233, and authorizing the Mayor to sign. Councilmember Franklin seconded the motion; the motion carried 5-1 with Mayor Pro Tem Faught and Councilmembers Brancheau, Tunnell, Franklin and York voting in favor of the motion and Councilmember Peters voting against the motion. 21. PUBLIC HEARING: Consider approval of a text amendment to Chapter 12, Zoning, of the Code of Ordinances, Section 12-30-16. Restaurant to delete the requirement for Special Use Permits for restaurants, unless adjacent to a residential zoning district and/or has drive-through facilities, and further, to allow for the Administrative Approval of the expansion of existing restaurants, subject to certain conditions. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Franklin moved to close the Public Hearing and approve a text amendment to Chapter 12, Zoning, of the Code of Ordinances, Section 12-30-16. Restaurant to delete the requirement for Special Use Permits for restaurants, unless adjacent to a residential zoning district and/or has drive-through facilities, and further, to allow for the Administrative Approval of the expansion of existing cm050807 Page 14 of 17 restaurants, subject to certain conditions. Councilmember York seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 22. Consider approval of a Resolution expressing official intent to receive reimbursement for costs incurred in connection with the design costs related to road improvements for Coppell Road, Deforest Road and Southwestern Blvd. prior to the issuance of the bonds, and authorizing the Mayor to sign. Presentation: City Manager Jim Witt made a presentation to the Council. Ken Griffin, Director of Engineering and Public Works, addressed questions of Council. Action: Councilmember Brancheau moved to approve Resolution No. 2007-0508.3 expressing official intent to receive reimbursement for costs incurred in connection with the design costs related to road improvements for Coppell Road, Deforest Road and Southwestern Blvd. prior to the issuance of the bonds, and authorizing the Mayor to sign. Councilmember York seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 23. Consider approval of an Ordinance of the City of Coppell, Texas, approving an amendment to Ordinance No. 2006-1135, the budget for Fiscal Year October 1, 2006 through September 30, 2007, and authorizing the Mayor to sign. Presentation: City Manager Jim Witt made a presentation to the Council. Action: Councilmember York moved to approve Ordinance No. 2007-1163 approving an amendment to Ordinance No. 2006-1135, the budget for Fiscal Year October 1, 2006 through September 30, 2007, and authorizing the Mayor to sign. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor cm050807 Page 15 of 17 Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 24. Consider approval of a Letter of Intent for a funeral home provider for a proposed municipal cemetery and authorizing the City Manager to sign. Presentation: City Manager Jim Witt made a presentation to the Council. Action: Councilmember Peters moved to postpone this item until the May 22, 2007 City Council meeting. Councilmember York seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 25. Mayor and Council Reports. A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting. B. Report by Mayor Stover regarding the American Cancer Society Relay for Life. C. Report by Mayor Stover regarding the Council Retreat. A. Mayor Pro Temp Faught reported on the Metroplex Mayors’ Meeting regarding current legislation, the NTTA bid and DART Rail. B. Mayor Stover reported on the American Cancer society Relay for Life praising the city staff’s involvement. C. Mayor Stover reported on the City Council Retreat held over the weekend. Lyle Sumek professionally facilitated the meeting in regards to the 2030 Plan. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case cm050807 Page 16 of 17 Number Z045-107; and City of Coppel! vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3,; and CB Parkway Business Center, et al vs. City of Coppell, et a!.; and City of Dallas vs. Douglas Stover, et al in the 191st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101 st District Court. 2. To seek legal advice from City Attorney concerning proposed agreements with Dart regarding railroad and grade reconstruction and maintenance. B. Section 551.087, Texas Government Code - Economic Development Negotiations. 1. ED Prospects West of Beltline/Denton Tap and south of Bethel Road. Mayor Stover convened into Executive Session at 10:05 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 10: 19 p.m. and opened the Regular Session. REGULAR SESSION (Open to the Public) 26. Necessary action resulting from Work Session. There was no action necessary under this item. 27. Necessary Action Resulting from Executive Session. There was no action necessary under this item. ATTEST: There being no further business was adjourned. ~f~LL~ LI b al , Secretary cm050807 Page 1 7 of 17 --.."-"-'..--.'.---"-"'" "---r-'"