CM 2007-07-10
MINUTES OF JULY 10, 2007
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, July 10, 2007, at 5:30 p.m. in the City Council Chambers of Town
Center, 255 Parkway Boulevard, Coppell, Texas. The following members were
present:
Doug Stover, Mayor
Tim Brancheau, Councilmember
Jayne Peters, Councilmember
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Marvin Franklin, Councilmember
Mayor Pro Tem Hinojosa-Flores and Councilmember York were absent from the
meeting. Also present were City Manager Jim Witt, City Secretary Libby Ball
and City Attorney Robert Hager.
REGULAR SESSION (Open to the Public)
1.Call to order.
Mayor Stover called the meeting to order, determined that a quorum was
present and convened into Work Session.
WORK SESSION (Open to the Public)
2.Convene Work Session
A.Discussion regarding Coppell Baseball Association.
B.Discussion of Agenda Items.
The discussion regarding Coppell Baseball Association was postponed
until the next meeting.
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EXECUTIVE SESSION (Closed to the Public)
3.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.Northlake Woodlands Center, Lot 4, Block A.
3.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 6:26 p.m. as allowed
under the above-stated article. Mayor Stover recessed the Executive
Session at 6:52 p.m. and opened the Regular Session.
REGULAR SESSION (Open to the Public)
4.Convene Regular Session.
5.Invocation.
Msgr. Leon Duesman led those present in the Invocation.
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6.Pledge of Allegiance.
Mayor Stover led those present in the Pledge of Allegiance.
7.Citizens' Appearances.
There was no one signed up to speak under this item.
CONSENT AGENDA
8.Consider approval of the following consent agenda items:
A.Consider approval of minutes: June 26, 2007.
B.Consider approval of the resignation of JoAnn Schauf from the
Coppell Education Development Corporation.
C.Consider approval of an Ordinance for Case No. PD-220R-SF-
12, Alexander Court, to amend the land use designation on the
Comprehensive Land Use Plan from Neighborhood Retail to
Residential Low Density on approximately four acres of
property along Denton Tap Road and a zoning change request
from C (Commercial) to PD-220R-SF-12 (Planned
Development-220 Revised-Single Family-12), with a Detail Site
Plan, to allow the development of 29 single-family homes and
two common areas on 18.5 acres of property located at the
northwest corner of Bethel and Denton Tap Roads, and
authorizing the Mayor to sign.
D.Consider approval of an Ordinance for Case No. PD-224-HC,
Northlake College, zoning change from C (Commercial), HC
(Highway Commercial) and LI (Light Industrial) to PD-224-HC
(Planned Development-224-Highway Commercial) for college
and ancillary uses on approximately 37 acres of property and to
attach a Detail Site Plan for Phase 1 to allow the construction of
a 37,000-square-foot building on approximately 10 acres of
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property located at the southeast corner of S.H. 121 and W.
Sandy Lake Road, and authorizing the Mayor to sign.
E.Consider approval of an Ordinance for Case No. PD-227-SF-
12, Bellacere Addition, zoning change 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, and authorizing the Mayor to sign.
F.Consider approval of an Ordinance for 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, and authorizing the
Mayor to sign.
G.Consider approval of an Ordinance for Case No. S-1017R-LI,
Tetco, zoning change from S-1017-LI (Special Use Permit-
1017-Light Industrial) to S-1017R-LI (Special Use Permit-
1017 Revised-Light Industrial), to allow for a 160-square-foot
addition to the existing car wash building for storage on 0.92 of
an acre of property located at the southeast corner of Belt Line
Road and MacArthur Boulevard, and authorizing the Mayor to
sign.
H.Consider approval of an Ordinance for Case No. PD-213R2-H,
Lost Creek Townhomes, zoning change 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
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side of Coppell Road, approximately 210 feet north of Bethel
Road, and authorizing the Mayor to sign.
Action:
Councilmember Peters moved to approve Consent Agenda Items A, B, C
carrying Ordinance No. 91500-A-466, D carrying Ordinance No. 91500-
A-467, E carrying Ordinance No. 91500-A-468, F carrying Ordinance No.
91500-A-469, G carrying Ordinance No. 91500-A-470 and H carrying
Ordinance No. 91500-A-471. Councilmember Franklin seconded the
motion; the motion carried 5-0 with Councilmembers Brancheau, Peters,
Tunnell, Faught, Franklin and York voting in favor of the motion.
9.Consider approval of an Economic Development Agreement by and
between the City of Coppell, Duke Realty Limited Partnership and
Duke Construction Limited Partnership, and authorizing the Mayor to
sign.
Presentation:
Mindi Hurley, Economic Development Coordinator, made a presentation to
Council.
Action:
Councilmember Peters moved to approve an Economic Development
Agreement by and between the City of Coppell, Duke Realty Limited
Partnership and Duke Construction Limited Partnership, and authorizing
the Mayor to sign. Councilmember Franklin seconded the motion; the
motion carried 5-0 with Councilmembers Brancheau, Peters, Tunnell,
Faught and Franklin voting in favor of the motion.
10.PUBLIC HEARING:
Consider approval of Case No. S-1241-C, Fat Daddys Burger House,
zoning change from C (Commercial) to S-1241-C (Special Use
Permit-1241-Commercial) to allow a 3,580-square-foot restaurant
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with a 940-square-foot outdoor patio area, to be located at 215 S.
Denton Tap Road, Suite 100.
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 Faught moved to close the Public Hearing and approve
Case No. S-1241-C, Fat Daddys Burger House, zoning change from C
(Commercial) to S-1241-C (Special Use Permit-1241-Commercial) to
allow a 3,580-square-foot restaurant with a 940-square-foot outdoor
patio area, to be located at 215 S. Denton Tap Road, Suite 100, subject to
the following conditions:
1)The development shall be in accordance with the site plan, floor plan
and sign plan;
2)The hours of operation shall not exceed 11 a.m. to 12 midnight seven
days a week; and
3)No outside dining will be allowed after 11:00 p.m.
Councilmember Franklin seconded the motion; the motion carried 5-0 with
Councilmembers Brancheau, Peters, Tunnell, Faught and Franklin voting in
favor of the motion.
11.Consider approval of the Northlake Woodlands Center, Lot 4, Block A,
Minor Plat, to establish a building site, various easements and fire
lane to allow for the reuse and renovation of the existing 4,940-
square-foot structure for a pet day care/boarding/spa on 0.664 of an
acre of property located along the north side of Bethel School Road,
approximately 240 feet east of Denton Tap Road (property addressed
as 120 East Bethel School Road).
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Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Action:
Councilmember Faught moved to approve the Northlake Woodlands
Center, Lot 4, Block A, Minor Plat, to establish a building site, various
easements and fire lane to allow for the reuse and renovation of the
existing 4,940-square-foot structure for a pet day care/boarding/spa on
0.664 of an acre of property located along the north side of Bethel School
Road, approximately 240 feet east of Denton Tap Road (property
addressed as 120 East Bethel School Road). Councilmember Peters
seconded the motion; the motion carried 5-0 with Councilmembers
Brancheau, Peters, Tunnell, Faught and Franklin voting in favor of the
motion.
12.PUBLIC HEARING:
Consider approval of Case No. PD-108R7-SF-9, The Chateaus of
Coppell, to amend the land use designation on the Comprehensive
Land Use Plan from Public/Institutional to Residential Low Density on
approximately 11 acres of property along Denton Tap Road and a
zoning change from PD-108-LI (Planned Development-108-Light
Industrial) to PD-108R7-SF-9 (Planned Development-108R7-Single
Family-9), with a Concept Plan, to allow the development of 56
single-family homes and common/ open space areas on 20 acres of
property located at the southwest corner of Bethel and Denton Tap
Roads.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Matthew Alexander, representing the 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.
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Action:
Councilmember Brancheau moved to close the Public Hearing and approve
Case No. PD-108R7-SF-9, The Chateaus of Coppell, to amend the land
use designation on the Comprehensive Land Use Plan from
Public/Institutional to Residential Low Density on approximately 11 acres
of property along Denton Tap Road and a zoning change from PD-108-LI
(Planned Development-108-Light Industrial) to PD-108R7-SF-9 (Planned
Development-108R7-Single Family-9), with a Concept Plan, to allow the
development of 56 single-family homes and common/ open space areas on
20 acres of property located at the southwest corner of Bethel and Denton
Tap Roads, subject to the following conditions:
1)Proposed screening wall west of the new street needs to line up with
the existing wall in the Summit at the Springs subdivision, then may
angle to the south;
2)Include a 5' wall maintenance easement on the residential side of the
"X" lot; (PARTIALLY MET)
3)Revise the Plant Table on the Landscape Plan to only include the plant
materials and quantities intended for this project and increase its
legibility; and
4)Include proposed street names on Zoning Exhibit and Concept Plan.
Councilmember Faught seconded the motion; the motion carried 4-1 with
Councilmembers Brancheau, Peters, Faught, Franklin and York voting in
favor of the motion and Councilmember Tunnell voting against the motion.
13.Consider approval of the Arbor Manors, Preliminary Plat, to allow the
development of 73 single-family homes and 9 common area lots on
approximately 25.15 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.
Matthew Alexander, representing the Applicant, addressed the Council.
Action:
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Councilmember Franklin moved to approve the Arbor Manors, Preliminary
Plat, to allow the development of 73 single-family homes and 9 common
area lots on approximately 25.15 acres of property located south of Sandy
Lake Road; west of Denton Tap Road
1)Park development fees of $1285 per lot;
2)Tree removal permit required prior to start of construction/dirt work;
3)Need formal, written street easement agreement with GTE;
4)Provide access drive to Wynnpage retail tract;
5)Tract A-1 is “R”, Retail, not “C”, Commercial;
6)Add note that lots 5-8, Block D will not have alley access;
7)Collect run-off before reaching Sandy Lake Road;
8)Drainage will be evaluated further during the Engineering review
process;
9)Place stamped concrete at subdivision entrances; and
10)Typical pavement section follows City design standard 2035.
Councilmember Peters seconded the motion; the motion carried 5-0 with
Councilmembers Brancheau, Peters, Tunnell, Faught and Franklin voting in
favor of the motion.
14.PUBLIC HEARING:
Consider approval of Case No. PD-221R2-HC, Duke Lesley Addition,
zoning change from PD-221-HC (Planned Development-221-
Highway Commercial) to PD-221R2-HC (Planned Development-221
Revision 2-Highway Commercial) to attach a Detail Site Plan to allow
for the construction of an 187,535-square-foot, six-story hotel, with
260 rooms and ancillary uses, on 5 acres of property located along
the east side of Point West Boulevard.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Jay London, representing Applicant, advised he was available for any
questions.
Gary Mills, Applicant, addressed questions of council.
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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
Case No. PD-221R2-HC, Duke Lesley Addition, zoning change from PD-
221-HC (Planned Development-221-Highway Commercial) to PD-221R2-
HC (Planned Development-221 Revision 2-Highway Commercial) to attach
a Detail Site Plan to allow for the construction of an 187,535-square-
foot, six-story hotel, with 260 rooms and ancillary uses, on 5 acres of
property located along the east side of Point West Boulevard.
Councilmember Franklin seconded the motion; the motion carried 5-0 with
Councilmembers Brancheau, Peters, Tunnell, Faught and Franklin voting in
favor of the motion.
15.Consider approval of the Duke Lesley Addition, Lot 2R Block C,
Replat, to establish fire lanes and easements to allow for the
construction of an 187,535-square-foot, six-story hotel, with 260
rooms and ancillary uses, on five acres of property located along the
east side of Point West Boulevard, approximately 230 feet north of
I.H. 635.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Action:
Councilmember Peters moved to approve the Duke Lesley Addition, Lot
2R Block C, Replat, to establish fire lanes and easements to allow for the
construction of an 187,535-square-foot, six-story hotel, with 260 rooms
and ancillary uses, on five acres of property located along the east side of
Point West Boulevard, approximately 230 feet north of I.H. 635.
Councilmember Franklin seconded the motion; the motion carried 5-0 with
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Councilmembers Brancheau, Peters, Tunnell, Faught and Franklin voting in
favor of the motion.
16.PUBLIC HEARING:
Consider approval of Case No. PD-221R3-HC, Duke Lesley Addition,
zoning change from PD-221-HC (Planned Development-221-
Highway Commercial) to PD-221R3-HC (Planned Development-221
Revision 3-Highway Commercial) to attach a Concept Plan for retail
and restaurant uses on 17.4 acres of property located at the
northwest corner of Belt Line Road and IH 635.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Brian Moore, Architect, addressed the Council.
Alex Bennett, Applicant, addressed access questions.
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. PD-221R3-HC, Duke Lesley Addition, zoning change from PD-
221-HC (Planned Development-221-Highway Commercial) to PD-221R3-
HC (Planned Development-221 Revision 3-Highway Commercial) to attach
a Concept Plan for retail and restaurant uses on 17.4 acres of property
located at the northwest corner of Belt Line Road and IH 635, subject to
the following conditions:
1)Work with the engineering staff to address concerns related to traffic
circulation and ingress/egress (similar to a TIA); and
2)Clarify that the northern mutual access to be adjacent to the hotel.
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Councilmember Franklin seconded the motion; the motion carried 5-0 with
Councilmembers Brancheau, Peters, Tunnell, Faught and Franklin voting in
favor of the motion.
17.PUBLIC HEARING:
Consider approval of Case No. PD-222R-LI, Duke Lesley Addition,
zoning change from PD-222-LI (Planned Development-222-Light
Industrial) to PD-222R-LI (Planned Development-222 Revised-Light
Industrial) to attach a Detail Site Plan to allow the construction of a
1,079,475 square-foot office/warehouse building on 48.83 acres of
property located west of Belt Line Road and east of Dividend Drive.
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
Case No. PD-222R-LI, Duke Lesley Addition, zoning change from PD-
222-LI (Planned Development-222-Light Industrial) to PD-222R-LI
(Planned Development-222 Revised-Light Industrial) to attach a Detail
Site Plan to allow the construction of a 1,079,475 square-foot
office/warehouse building on 48.83 acres of property located west of Belt
Line Road and east of Dividend Drive; subject to the following conditions:
1)One additional 60-square-foot monument sign being permitted on the
southeast corner of the site;
2)Include a six foot berm on the landscape plan where Eastern Red
Cedars are shown;
3)Ensure all landscape islands are 150 square-feet or greater and
contain at least one tree; and
4)Contact Jeff Curry at (972) 888-1330.
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Councilmember Peters seconded the motion; the motion carried 5-0 with
Councilmembers Brancheau, Peters, Tunnell, Faught and Franklin voting in
favor of the motion.
18.Consider approval of the Duke Lesley Addition, Lot 1, Block A, Final
Plat, to establish a building site, fire lanes and easements to allow the
construction of an 1,079,475-square-foot office/warehouse building
on 48.83 acres of property located west of Belt Line Road and east of
Dividend Drive.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Action:
Councilmember Tunnell moved to approve the Duke Lesley Addition, Lot
1, Block A, Final Plat, to establish a building site, fire lanes and easements
to allow the construction of an 1,079,475-square-foot office/warehouse
building on 48.83 acres of property located west of Belt Line Road and
east of Dividend Drive; subject to the following condition:
1)Contact Jeff Curry at (972) 888-1330 to discuss electric easement
requirements.
Councilmember Brancheau seconded the motion; the motion carried 5-0
with Councilmembers Brancheau, Peters, Tunnell, Faught and Franklin
voting in favor of the motion.
19.Consider approval of the Bethel Business Park, Lot 1, Block A, Site
Plan, to allow the development of two office warehouse buildings,
Building A containing 80,000-square-feet and Building B containing
82,650-square-feet on 10.675 acres of property located along the
north side of Bethel Road, east of the proposed extension of
Creekview Road.
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Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Eddie Eckert, representing Applicant, addressed the Council.
Ken Griffin, Director of Engineering and Public Works, addressed traffic
and access questions.
Action:
Councilmember Faught moved to approve the Bethel Business Park, Lot 1,
Block A, Site Plan, to allow the development of two office warehouse
buildings, Building A containing 80,000-square-feet and Building B
containing 82,650-square-feet on 10.675 acres of property located along
the north side of Bethel Road, east of the proposed extension of
Creekview Road; subject to the following conditions:
1)Work with staff to indicate sidewalks internal to site, adjacent to each
building;
2)A Tree Removal Permit is required prior to start of construction/dirt
work;
3)Show stamped concrete on driveway entrances along Creekview Road.
Councilmember Peters seconded the motion; the motion carried 5-0 with
Councilmembers Brancheau, Peters, Tunnell, Faught and Franklin voting in
favor of the motion.
20.Consider approval of the Bethel Business Park Lot 1, Block A, Minor
Plat, to establish a building site, various easements and fire lane to
allow for the development of two office warehouse buildings,
containing 80,000-square-feet and Building B containing 82,650
square feet on 11.706 acres of property located along the north side
of Bethel Road, east of the proposed extension of Creekview Road.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
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Action:
Councilmember Franklin moved to approve the Bethel Business Park Lot
1, Block A, Minor Plat, to establish a building site, various easements and
fire lane to allow for the development of two office warehouse buildings,
containing 80,000-square-feet and Building B containing 82,650 square
feet on 11.706 acres of property located along the north side of Bethel
Road, east of the proposed extension of Creekview Road; subject to the
following condition:
1)Contact Jeff Curry at (972) 888-1330 to discuss electric easement
requirements.
Councilmember Faught seconded the motion; the motion carried 5-0 with
Councilmembers Brancheau, Peters, Tunnell, Faught and Franklin voting in
favor of the motion.
21.PUBLIC HEARING:
Consider approval of the Braewood North (The Gables), Lot 1, Block
A, Site Plan, to amend the land use designation on the Comprehensive
Land Use Plan from Residential Medium Density to Neighborhood
Retail and to allow the development of a two-story office/retail
building containing 11,000-square-feet on 41,084-square-feet of
property located along the south side of Sandy Lake Road,
approximately 154 feet west of Heather Glen Drive.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Bob Anderson, Architect, addressed questions of Council.
Ken Griffin, Director of Engineering and Public Works, addressed
questions of Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
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Action:
Councilmember Peters moved to close the Public Hearing and approve the
Braewood North (The Gables), Lot 1, Block A, Site Plan, to amend the
land use designation on the Comprehensive Land Use Plan from
Residential Medium Density to Neighborhood Retail and to allow the
development of a two-story office/retail building containing 11,000-
square-feet on 41,084-square-feet of property located along the south
side of Sandy Lake Road, approximately 154 feet west of Heather Glen
Drive; subject to the following conditions:
1)Alter the Comprehensive Plan to reflect neighborhood retail here;
2)Indicate fire hydrant and FDC location;
3)Trees 93, 94, 101, 105 and 108 are shown to be saved. Being Post
Oaks, their survival is questioned, and they should be mitigated now;
and
4)Tree mitigation fees of $11,000 are required to be put into escrow for
a period of three years starting from the date of building permit
issuance.
Councilmember Faught seconded the motion; the motion carried 5-0 with
Councilmembers Brancheau, Peters, Tunnell, Faught and Franklin voting in
favor of the motion.
22.Consider approval of the Braewood North (The Gables) Lot 1, Block
A, Minor Plat, to establish a building site, fire lanes and easements to
allow the development of a two-story office/retail building containing
11,000-square-feet on 41,084-square-feet of property located on
the south side of Sandy Lake Road, approximately 154 feet west of
Heather Glen Drive.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Action:
Councilmember Faught moved to approve the Braewood North (The Gables)
Lot 1, Block A, Minor Plat, to establish a building site, fire lanes and
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easements to allow the development of a two-story office/retail building
containing 11,000-square-feet on 41,084-square-feet of property located on
the south side of Sandy Lake Road, approximately 154 feet west of Heather
Glen Drive; subject to the following condition:
1)Please contact Larry Redick at (972) 323-8917 for electric utility needs.
Councilmember Franklin seconded the motion; the motion carried 5-0 with
Councilmembers Brancheau, Peters, Tunnell, Faught and Franklin voting in
favor of the motion.
23.Consider approval of the Kimbel Addition, Lots 8R, 9R, 10R, 12R and
14R, Replat, being a replat of Lots 7-14 of the Kimbel Addition, to
establish fire lanes and easements to allow for redevelopment of the
2.9 acres of property located at the northeast corner of Sandy Lake
Road and MacArthur Boulevard.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Michael Doggett, representing Applicant, advised he was available for any
questions.
Action:
Councilmember Peters moved to approve the Kimbel Addition, Lots 8R,
9R, 10R, 12R and 14R, Replat, being a replat of Lots 7-14 of the Kimbel
Addition, to establish fire lanes and easements to allow for redevelopment
of the 2.9 acres of property located at the northeast corner of Sandy Lake
Road and MacArthur Boulevard; subject to the following condition:
1)Drainage will be evaluated further during Engineering plan review.
Councilmember Franklin seconded the motion; the motion carried 4-1 with
Councilmembers Brancheau, Peters, Faught and Franklin voting in favor of
the motion and Councilmember Tunnell voting against the motion.
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24.Consider approval of an Ordinance for Case No. PD-223-C and S-
1114-C, Kimbel Addition, zoning change from C (Commercial), S-
1085-C and S-1114-C to PD-223-C and S-1114-C (Planned
Development 223-Commercial and Special Use Permit 1114-
Commercial) to allow the construction of two retail/medical buildings,
a bank, the retention of an existing take-out restaurant (S-1114-C,
Papa John’s) and a portion of an existing retail structure, totaling
25,245-square-feet, and to allow a reduction in landscaped areas,
required setbacks, alternative signage colors, sizes and locations and
other deviations from the requirements of the Zoning Ordinance, on
2.9 acres of property located at the northeast corner of Sandy Lake
Road and MacArthur Boulevard, and authorizing the Mayor to sign.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Alen Hinkley, Applicant, addressed the Council.
Action:
Councilmember Franklin moved to approve Ordinance No. 91500-A-472 for
Case No. PD-223-C and S-1114-C, Kimbel Addition, zoning change from C
(Commercial), S-1085-C and S-1114-C to PD-223-C and S-1114-C
(Planned Development 223-Commercial and Special Use Permit 1114-
Commercial) to allow the construction of two retail/medical buildings, a bank,
the retention of an existing take-out restaurant (S-1114-C, Papa John’s)
and a portion of an existing retail structure, totaling 25,245-square-feet, and
to allow a reduction in landscaped areas, required setbacks, alternative
signage colors, sizes and locations and other deviations from the
requirements of the Zoning Ordinance, on 2.9 acres of property located at
the northeast corner of Sandy Lake Road and MacArthur Boulevard, and
authorizing the Mayor to sign; subject to the following amendment to the
ordinance:
1)Total square footage to be changed from 25,245 to 25,263.
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Councilmember Brancheau seconded the motion; the motion carried 4-1 with
Councilmembers Brancheau, Peters, Faught and Franklin voting in favor of
the motion and Councilmember Tunnell voting against the motion.
25.Mayor and Council Reports.
A.Report by Mayor Stover regarding July 4th Celebration.
B.Report by Mayor Stover regarding Copperhead Baseball.
th
A.Mayor Stover reported on the July 4 fireworks and parade and
thanked staff for their work on the fireworks show. City Manager
Jim Witt stated the citizens appeared proud to have their own
fireworks.
B.Mayor Stover gave an update regarding the Coppell Copperheads
current season.
26.Necessary action resulting from Work Session.
There was no action necessary under this item.
At this time, Council reconvened into Executive Session.
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
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.
cm071007
Page 19 of 20
2. Northlake Woodlands Center, Lot 4, Block A.
3. 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 reconvened into Executive Session at 9:05 p.m. as allowed
under the above-stated article. Mayor Stover adjourned the Executive
Session at 9:55 p.m. and reopened the Regular Session.
REGULAR SESSION
(Open to the Public)
27. Necessary Action Resulting from Executive Session.
Action:
Councilmember Peters moved to approve a Public Road Crossing Agreement
by and between the City of Coppell and DART to improve the Royal Lane
Railroad Crossing under the terms and conditions of attached Exhibit A; and
authorize the City Manager to execute said Agreement. Councilmember
Faught seconded the motion; the motion carried 5-0 with Councilmembers
Brancheau, Peters, Tunnell, Faught and Franklin voting in favor of the
motion.
There being no further business
was adjourned.
e City Council, the meeting
ATTEST:
cm071 007
Page 20 of 20
EXHIBIT "A"
PUBLIC ROAD CROSSING LICENSE AGREEMENT
THIS AGREEMENT ("License"), by and between DALLAS AREA RAPID TRANSIT,
("Licensor"), a regional transportation authority, created, organized and existing pursuant to Chapter 452,
Texas Transportation Code, as amended (the "Act") and the CITY OF COPPELL, a Texas
("Licensee"), acting by and through its duly authorized official, whose mailing
address is P.O. Box , Texas__
WIT N E SSE T H:
WHEREAS, Licensor now owns certain railroad right-of-way within the city limits of the
Licensee; and
WHEREAS, Licensor has a Trackage Rights Agreement with the Fort Worth & Western Railroad
Company (the "Railroad"), whereby the Railroad is responsible for certain maintenance of existing at-
grade highway-rail crossings; and
WHEREAS, Licensee has an existing public road known as Royal Lane that crosses Licensor's
Cotton Belt railroad right-of-way with an at-grade railroad crossing ("Public Road Crossing"), identified
as DOT No. 914205U; and
WHEREAS, Licensee and Licensor wish to agree upon terms for the immediate replacement and
reconstruction of the Royal Lane public road crossing; and
WHEREAS, Licensee and Licensor wish to substitute this License for the Street or Highway
Easement dated July 10, 1987; NOW, THEREFORE,
1. Purpose. Licensor hereby grants this License to Licensee for the purpose of reconstructing, installing
and maintaining, an at-grade public road crossing (the "Permitted Uses") at the intersection of Royal Lane
and Licensor's right-of-way at Mile Post 610.02, in Coppell, Dallas County, Texas, more particularly as
shown in Exhibit "A", attached hereto and incorporated herein for all pertinent purposes (the "Property").
The term "Public Road Crossing" shall include the concrete crossing material, pavement, grading,
barricades, street lighting, drainage facilities, signs, pavement markings, active warning devices/signals,
and approaches (the "Permitted Improvements").
The Property shall be used by Licensee, and the public, solely for the Permitted Uses and the Permitted
Improvements, EXCEPT, HOWEVER, AND IT IS UNDERSTOOD BY BOTH LICENSOR AND
LICENSEE THAT THE GRANTING OF THIS LICENSE SHALL NOT BE CONSTRUED IN ANY
WAY TO CONSTITUTE A DEDICATION TO THE PUBLIC.
2. Consideration. The consideration for the granting of this License shall be:
2.01. TEN AND NO/lOO ($10.00) DOLLARS cash in hand paid by Licensee to Licensor, the
receipt of which is hereby acknowledged, and
PUBLIC ROAD CROSSING LICENSE AGREEMENT
City of Coppell, Royal Lane
6/29/07
Mile Post 610.02
10f7
2.02 The faithful performance by Licensee of all of the covenants and agreements contained in
this License to be performed by Licensee.
3. Term. This License shall begin on the 1 sl day of
termination by either party as provided herein.
, 2007, and shall be perpetual, subject to
4. Non-Exclusive License. This License is non-exclusive and is subject to (a) any eXistmg utility,
drainage or communication facility located in, on, under, or upon the Property owned by Licensor, any
railroad, utility, or communication company, public or private; (b) to all vested rights presently owned by
any railroad, utility or communication company, public or private, for the use of the Property for facilities
presently located within the boundaries of the Property; and (c) to any existing lease, license or other
interest in the Property granted by Licensor to any individual, corporation or other entity, public or
private.
5. Reconstruction, Operation and Maintenance of Area Within Ties.
5.01 Within 30 days of the execution of this License by both parties, Licensor shall, on a one-
time basis, initiate the replacement of the Royal Lane public road crossing. Licensor and the Railroad
will be responsible for excavating and removing the old crossing, track and ballast down eight (8) inches
below the bottoms of the ties, installing filter fabric, and installing new ballast. A new precast concrete
crossing with new crossties and spikes will be installed and the track will be constructed using existing
rails and trim. The project will be completed one-half at a time to avoid completely closing the road. Old
track materials will be disposed of by Railroad and its contractor. This work will be accomplished as
soon as possible, and will be at the sole cost of Licensor.
5.02 In coordination with Licensor's replacement of the Royal Lane public crossing, Licensee
will provide the following: traffic control for the duration of the project, saw cutting, ifrequired, haul-off
of asphalt and concrete spoils only, and furnishing and installation of asphalt tie-in on both sides of the
crossing for a smooth transition.
5.03 Following the replacement of the crossing, all active warning devices/signals and the
grade crossing within the limits of the railroad ties shall be maintained by the Railroad.
5.04 In the future, the area of the road crossing within the limits of the railroad ties may again
become impossible to maintain by the Railroad due to deterioration or obsolescence of the crossing
material. In the event maintenance is no longer possible and reconstruction is necessary, Licensor and
Licensee shall agree on the type of reconstruction, and Licensor shall reconstruct the road crossing within
the limits of the railroad ties, at the sole cost of the Licensee.
5.05 In relation to future reconstruction or replacement of the crossing within the limits of the
ties and to specify how reimbursement will take place, Licensee shall enter into a cost reimbursement
agreement with the Railroad.
6. Reconstruction, Operation and Maintenance of Area Outside Ties.
6.01 Licensee shall maintain all Permitted Improvements outside the limits of the railroad ties.
6.02 All design, reconstruction, replacement, removal, operation and maintenance of the
Permitted Improvements on the Property shall be done in such a manner so as not to interfere in any way
PUBLIC ROAD CROSSING LICENSE AGREEMENT
City of Coppell, Royal Lane
6/29/07
Mile Post 6] 0.02
2 on
with the operations of Licensor or with any railroad operations or to create a hazard to the use of the
Property. Licensee agrees to pay any damages which may arise by reason of Licensee's use of the
Property under this License.
6.03 Prior to commencing any future reconstruction on the Property, a copy of the
construction plans showing the exact location, type and depth of the construction, any cathodic protection
measures and any working area, shall be submitted for written approval to Licensor and the Railroad.
Such approval shall not be unreasonably withheld. No work shall commence until said plans have been
approved by Licensor and Railroad.
6.04 Licensee or its contractor shall use reasonable care during the reconstruction period and
thereafter, to avoid damaging any existing buildings, equipment and vegetation on or about the Property
and any adjacent property owned by or under the control of Licensor. If the failure to use reasonable care
by the Licensee or its contractor causes damage to the Property or such adjacent property, the Licensee
and/or its contractor shall immediately make appropriate replacement or repair the damage at no cost or
expense to Licensor. If Licensee or its contractor fails or refuses to make such replacement, Licensor
shall have the right, but not the obligation, to make or effect any such repair or replacement at the sole
cost and expense of Licensee, which cost and expense Licensee agrees to pay to Licensor upon demand.
6.05 In the event the Licensee fails to maintain the Permitted Improvements or Property as
required, upon discovery, Licensor shall notify Licensee of such occurrence in writing. In the event
Licensee shall not have remedied the failure within ten (10) days from the date of such notice, Licensor
shall have the right, but not the obligation to remedy such failure at the sole cost and expense of Licensee.
In the event Licensor exercises its right to remedy Licensee's failure, Licensee agrees to immediately pay
to Licensor all costs incurred by Licensor upon demand.
6.06 Licensee shall be responsible for maintenance and liable for damage for any and all
additional drainage created by Licensee's project distributed onto and within Licensor's right of way from
the point of entry to the exit point of Licensor's property.
6.07 Licensee or its contractor shall remove all trees and other vegetation within the railroad
right of way for a distance of 300 feet in all four quadrants of the right of way.
6.08 Licensee shall provide traffic control during reconstruction or maintenance operations to
accommodate work by Railroad.
6.09 If at any time, traffic volume or other circumstances should warrant a grade separation
for the crossing licensed hereunder, Licensee shall be responsible for the installation of such grade
separation to Licensor's standards, at no cost to Licensor.
6.10 Absence of markers does not constitute a warranty by Licensor that there are no
subsurface installations on the Property.
7. Future Light Rail Transit Impacts.
7.01 Licensor's use of the Property and adjoining property may in the future include the use of
electrically powered equipment. Notwithstanding Licensor's inclusion within its system of measures
designed to reduce stray current which may cause corrosion, Licensee is hereby warned that such
measures may not prevent electrical current being present in proximity to the Permitted
PUBLIC ROAD CROSSING LICENSE AGREEMENT
City of Coppell, Royal Lane
6/29/07
Mile Post 610.02
3 of7
Improvements and that such presence could produce corrosive effects to the Permitted
Improvements.
7.02 In the event of future reconstruction of the Permitted Improvements, cathodic protection
or other stray current corrosion control measures of the Permitted Improvements as required shall be
made a part of the design and reconstruction of the Permitted Improvements.
7.03 In the event that electrically powered equipment is installed, Licensee agrees to institute
and maintain a reasonable testing program to determine whether or not additional cathodic protection of
its Permitted Improvements is necessary and if it is or should become necessary, such protection shall be
immediately instituted by Licensee at its sole cost and expense.
8. Governmental Approvals. Licensee, at its sole cost and expense, shall be responsible for and shall
obtain, any and all licenses, permits, or other approvals from any and all governmental agencies, federal,
state or local, and required to carry on any activity permitted herein.
9. Licensor's Standard Contract and Insurance. No work on the Property shall be commenced by
Licensee or any contractor for Licensee until such Licensee or contractor shall have executed Licensor's
Standard Contractors Agreement covering such work, and has furnished insurance coverage in such
amounts and types as shall be satisfactory to Licensor.
10. Environmental Protection.
10.01. Licensee shall not use or permit the use of the Property for any purpose that may be in
violation of any local, state or federal laws pertaining to health or the environment, including but not
limited to, the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"),
the Resource Conservation and Recovery Act ("RCRA"), the Clean Water Act ("CW A") and the Clean
Air Act ("CAA").
1 0.02. Licensee warrants that the Permitted Use of the Property will not result in the disposal or
other release of any hazardous substance or solid waste on or to the Property, and that it will take all steps
necessary to insure that no such hazardous substance or solid waste will ever be discharged onto the
Property by Licensee or its Contractors.
10.03. The terms "hazardous substance" and "release" shall have the meanings specified in
CERCLA and the terms "solid waste" and "disposal" (or "disposed") shall have the meanings specified in
the RCRA; PROVIDED, HOWEVER, that in the event either CERCLA or RCRA is amended so as to
broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the
effective date of such amendment; and PROVIDED FURTHER, that to the extent that the laws of the
State of Texas establish a meaning for "hazardous substance", "release", "solid waste", or "disposal",
which is broader than that specified in either CERCLA or RCRA, such broader meaning shall apply.
10.04. Licensee shall indemnify and hold Licensor and Railroad harmless against all cost of
environmental clean up to the Property resulting from Licensee's use of the Property under this
License.
11. Mechanic's Liens Not Permitted. Licensee shall fully pay for all labor and materials used in, on, or
about the Property and will not permit or suffer any mechanic's or materialmen's liens of any nature to be
PUBLIC ROAD CROSSING LICENSE AGREEMENT
City of Coppell, Royal Lane
6/29/07
Mile Post 610.02
4 on
affixed against the Property by reason of any work done or materials furnished to the Property at
Licensee's instance or request.
12. Future Use by Licensor.
12.01. This License is made expressly subject and subordinate to the right of Licensor to use the
Property for any purpose whatsoever.
12.02. In the ~vent that Licensor shall, at any time subsequent to the date of this License, at its
sole discretion, determine that the relocation of the Permitted Improvements shall be necessary or
convenient for Licensor's use of the Property, or that the crossing must be modified, including but not
limited to the installation of grade crossing signals, Licensee shall, at its sole cost and expense make such
modifications or relocate said Permitted Improvements so as not to interfere with Licensor's or Licensor's
assigns use of the Property. In this regard, Licensor may, but is not obligated to, designate other property
for the relocation of the Permitted Improvements. A minimum of thirty (30) days written notice for the
exercise of one or more of the above actions shall be given by Licensor, and Licensee shall promptly
commence to make the required changes and complete them as quickly as possible.
13. Duration of License. This License shall terminate and be of no further force and effect (a) in the
event Licensee shall discontinue or abandon the use of the Permitted Improvements; (b) in the event
Licensee shall relocate the Permitted Improvements from the Property; (c) upon termination in
accordance with paragraph 18 of this License, whichever event first occurs; PROVIDED, HOWEVER,
that any indemnifications provided for herein shall survive such termination.
14. Compliance With Laws and Regulations. Licensee agrees to abide by and be governed by all
laws, ordinances and regulations of any and all governmental entities having jurisdiction over the
Licensee and by railroad regulations, policies and operating procedures established by the
Railroad, or other applicable railroad regulating bodies, and Licensee agrees to indemnify and hold
Licensor harmless from any failure to so abide and all actions resulting therefrom. Licensee
acknowledges federal railroad regulatory agency's requirements for whistles at at-grade public and
private road crossings.
15. Indemnification.
15.01. To the extent allowed under Texas law, Licensee shall defend, protect and keep
Licensor and Railroad forever harmless and indemnified against and from any penalty, or damage,
or charge, the neglect of Licensee, its employees, officers, agents, contractors or assigns, or those
holding under Licensee;
15.02. To the extent allowed under Texas law, Licensee shall at all times protect, indemnify
and it is the intention of the parties hereto that Licensee hold Licensor and Railroad harmless
against and from any and all loss, cost, damage or expense, including attorney's fees, and including
claims of negligence, arising out of, or from any accident or other occurrence on or about the
Property caused by negligence of licensee, it's employees, officers, agents, contractors, or assigns, or
those holding under licensee, causing personal injury, death, or property damage, except when
caused by the willful misconduct or negligence of Licensor or Railroad, their officers, employees or
agents, and then only to the extent of the proportion of any fault determined against Licensor for its
willful misconduct or negligence;
PUBLIC ROAD CROSSING LICENSE AGREEMENT
City ofCoppell, Royal Lane
6/29/07
Mile Post 6] 0.02
500
15.03. To the extent allowed under Texas law, Licensor shall defend, protect and keep
Licensee forever harmless and indemnified against and from any penalty, or damage, or charge, the
neglect of Licensor, its employees, officers, agents, contractors or assigns, or those holding under
Licensor;
15.04. To the extent allowed under Texas law, Licensor shall at all times protect, indemnify
and it is the intention of the parties hereto that Licensor hold Licensee harmless against and from
any and all loss, cost, damage or expense, including attorney's fees, and including claims of
negligence, arising out of, or from any accident or other occurrence on or about the Property
caused by negligence of licensor, it's employees, officers, agents, contractors, or assigns, or those
holding under licensor, causing personal injury, death, or property damage, except when caused by
the willful misconduct or negligence of Licensee or Railroad, their officers, employees or agents,
and then only to the extent of the proportion of any fault determined against Licensee for its willful
misconduct or negligence;
16. Termination of License. At such time as this License may be terminated or cancelled for any reason
whatever, Licensee, upon request by Licensor, shall remove all improvements and appurtenances owned
by it, situated in, under or attached to the Property and shall restore the Property to the condition existing
at the date of execution of this License, at Licensee's sole expense.
17. Assignment. Licensee shall not assign or transfer its rights under this License in whole or in part, or
permit any other person or entity to use the License hereby granted without the prior written consent of
Licensor which Licensor is under no obligation to grant.
18. Methods of Termination. This License may be terminated in any of the following ways:
18.01. Written agreement of both parties;
18.02. By either party giving the other party thirty (30) days written notice; or
18.03. By either party, upon failure of the other party to perform its obligations as set forth in this
License.
19. Miscellaneous.
19.01. Notice. When notice is permitted or required by this License, it shall be in writing and
shall be deemed delivered when delivered in person or when placed, postage prepaid, in the u.s. Mail,
Certified, Return Receipt Requested, and addressed to the parties at the following addresses:
LICENSOR:
Dallas Area Rapid Transit
P. O. Box 660163
Dallas, Texas 75266- 7210
Attn: Railroad Management
Or
1401 Pacific Avenue
Dallas, Texas 75202-7210
LICENSEE:
City of Coppell
P.O. Box
Or
PUBLIC ROAD CROSSING LICENSE AGREEMENT
City ofCoppell, Royal Lane
6/29/07
Mile Post 610.02
60f7
Coppell, Texas
Coppell, Texas
Either party may from time to time designate another and different address for receipt of notice,
by giving notice of such change of address.
19.02. Governing Law. This License shall be construed under and in accordance with the laws
of the State of Texas.
19.03. Entirety and Amendments. This License embodies the entire agreement between the
parties and supersedes all prior agreements and understandings, including the Street or Highway
Easement dated July 10, 1987, relating to the Property and the matters addressed herein, and may be
amended or supplemented only by a written instrument executed by the party against whom enforcement
is sought.
19.04. Parties Bound. This License shall be binding upon and inure to the benefit of the
executing parties and their respective heirs, personal representatives, successors and assigns.
19.05. Number and Gender. Words of any gender used in this License shall be held and
construed to include any other gender; and words in the singular shall include the plural and vice versa,
unless the text clearly requires otherwise.
19.06. Authorization. Licensee shall furnish to Licensor a certified copy of minutes or a City
Resolution adopted by the governing body of Licensee, authorizing the execution of this License on
behalf of the Licensee, or other proof sufficient to establish the authority to execute this License.
19.07 No Joint Enterprise. The parties do not intend that this License be construed as finding
that the parties have formed a joint enterprise. The purposes for which each party has entered into this
License are separate and distinct. It is not the intent of any of the parties that a joint enterprise
relationship is being entered into and the parties hereto specifically disclaim such relationship. This
License does not constitute a joint enterprise, as there are no common pecuniary interests, no common
purpose and no equal right of control among the parties hereto.
IN WITNESS WHEREOF, the parties have executed this License in multiple originals this _ day of
,2007.
LICENSOR:
DALLAS AREA RAPID TRANSIT
BY:
WAYNE L. FRIESNER
Interim Vice President
Commuter Rail & Railroad Management
LICENSEE:
CITY OF COPPELL
BY:
Printed Name:
Title: City Manager
PUBLIC ROAD CROSSING LICENSE AGREEMENT
City of Coppell, Royal Lane
6/29/07
Mile Post 6 I 0.02
700
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