CM 2007-08-28
MINUTES OF AUGUST 28, 2007
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, August 28, 2007, at 5:45 p.m. in the City Council Chambers of Town
Center, 255 Parkway Boulevard, Coppell, Texas. The following members were
present:
Doug Stover, Mayor (late arrival)
Brianna Hinojosa-Flores, Mayor Pro Tem
Tim Brancheau, Councilmember
Jayne Peters, Councilmember
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Bill York, Councilmember
Councilmember Franklin was absent from the meeting. Also present were City
Manager Jim Witt, City Secretary Libby Ball and City Attorney David Dodd.
1.Call to order.
Mayor Pro Tem Hinojosa-Flores 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.
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2.Discussion regarding NW corner of Bethel Road and
Denton Tap.
B.Section 551.087, Texas Government Code – Economic
Development Negotiations.
1.ED Prospects West of Beltline/Denton Tap and south of
Bethel Road.
Mayor Pro Tem Hinojosa-Flores convened into Executive Session at 5:50
p.m. as allowed under the above-stated article. Mayor Pro Tem
Hinojosa-Flores adjourned the Executive Session at 6:31 p.m. and opened
the Work Session.
WORK SESSION (Open to the Public)
3.Convene Work Session
A.Presentation regarding the Wayfinder Signage.
B.Discussion regarding Sales Tax Election.
C.Discussion of Agenda Items.
Mayor Stover arrived during Work Session.
REGULAR SESSION (Open to the Public)
4.Convene Regular Session.
5.Invocation.
Councilmember Faught led those present in the Invocation.
6.Pledge of Allegiance.
Mayor Stover led those present in the Pledge of Allegiance.
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7.Report by Library Board.
Doug Johnson, Chair, made the semi-annual report of the Library Board.
Kathy Edwards, Library Director, addressed questions of Council.
8.Presentation of the Coppell Police Department Narcotics and Alcohol
Enforcement Report for the first half of 2007.
Presentation:
Roy Osborne, Police Chief, made a presentation to Council regarding
enforcement and arrests arising from narcotics and alcohol charges.
9.Citizens' Appearances.
There was no one signed up to speak under this item.
CONSENT AGENDA
10.Consider approval of the following consent agenda items:
A.Consider approval of minutes: August 14, 2007.
B.Consider approval of the annual review of the written
Investment Policy of the City of Coppell as provided by the
Public Funds Investment Act, Chapter 2256, Texas Government
Code.
C.Consider approval of a Resolution creating a procedure to hold
hearings for appeals of proportionality of Municipal
Infrastructure Cost; and authorizing the Mayor to sign.
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Action:
Councilmember Peters moved to approve Consent Agenda Items A, B and
C carrying Resolution No. 2007-0828.1. Councilmember Faught seconded
the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores
and Councilmembers Brancheau, Peters, Tunnell, Faught and York voting
in favor of the motion.
11.PUBLIC HEARING:
Consider approval of a Resolution granting a variance of three
hundred (300') feet to Cool Bamboo 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 171 N.
Denton Tap, Suite 100; and authorizing the Mayor to sign.
Presentation:
City Manager Jim Witt 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
Resolution No. 2007-0828.2 granting a variance of three hundred (300')
feet to Cool Bamboo 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 171 N. Denton Tap, Suite 100; and
authorizing the Mayor to sign. Councilmember Brancheau seconded the
motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and
Councilmembers Brancheau, Peters, Tunnell, Faught and York voting in
favor of the motion.
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12.PUBLIC HEARING:
Consider approval of a Resolution granting a variance of ninety (90')
feet to Cafe Portobello 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 110 West Sandy
Lake Road, #112; and authorizing the Mayor to sign.
Presentation:
City Manager Jim Witt 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 Tunnell moved to close the Public Hearing and approve
Resolution No. 2007-0828.3 granting a variance of ninety (90') feet to
Cafe Portobello 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 110 West Sandy Lake Road, #112; and
authorizing the Mayor to sign. Councilmember York seconded the motion;
the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and
Councilmembers Brancheau, Peters, Tunnell, Faught and York voting in
favor of the motion.
13.PUBLIC HEARING:
To receive public comment concerning the Proposed 2007-2008
Municipal Budget.
Presentation:
Jennifer Miller, Finance Director, made a presentation to the 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 Tunnell moved to close the Public Hearing.
Councilmember Peters seconded the motion; the motion carried 6-0 with
Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters,
Tunnell, Faught and York voting in favor of the motion.
14.PUBLIC HEARING:
To receive public comment concerning the proposed 2007-2008 tax
rate of 0.64146.
Presentation:
Jennifer Miller, Finance Director, 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. Mayor Pro Tem
Hinojosa-Flores seconded the motion; the motion carried 6-0 with Mayor
Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters,
Tunnell, Faught and York voting in favor of the motion.
15.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.
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Presentation:
Jennifer Miller, Finance Director, made a presentation to the Council.
Action:
Mayor Pro Tem Hinojosa-Flores moved to approve Ordinance No.
2007-1177. York seconded the motion; the motion carried 6-0 with
Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters,
Tunnell, Faught and York voting in favor of the motion.
16.Consider approval of an Engineering Services Contract with Freese
and Nichols, Inc. to provide professional engineering and design
services for the South Coppell Road Infrastructure Improvements
(from Bethel Road to Southwestern Boulevard), Project #ST 07-02; in
an amount not to exceed $164,100.00; as provided for in CIP funds;
and authorizing the City Manager to sign.
Presentation:
Ken Griffin, Director of Engineering and Public Works, made a
presentation to the Council.
Action:
Councilmember Brancheau moved to approve an Engineering Services
Contract with Freese and Nichols, Inc. to provide professional engineering
and design services for the South Coppell Road Infrastructure
Improvements (from Bethel Road to Southwestern Boulevard), Project #ST
07-02; in an amount not to exceed $164,100.00; as provided for in CIP
funds; and authorizing the City Manager to sign. Councilmember York
seconded the motion; the motion carried 6-0 with Mayor Pro Tem
Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught
and York voting in favor of the motion.
17.Consider approval of a Development Agreement between City of
Coppell and Pritchard Associates, Inc. to construct Creekview Drive
from Bethel Road north a distance of 1000 feet (+/-) in conjunction
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with the construction of Bethel Road and Bethel Business Park, Lot 1
Block A; and authorizing the City Manager to sign.
This item was pulled and not considered.
18.Consider and authorize City Manager to negotiate and execute a
purchase and sale agreement, and any necessary agreements and
instruments related thereto, for the transfer of approximately 9.4
acres of land out of the J. Simmons Survey, Abstract No. 1296, to the
Coppell Economic Development Foundation, acting as an independent
foundation, for the resale of such property to Kolberg Development,
LLC for the construction of two 21,050-square- foot two-story
retail/hotel buildings, a 25,141-square-foot two-story
event/conference center, and a 7,812-square-foot pet bed/breakfast.
The property is located along the east side of Coppell Road,
approximately 250 feet south of Bethel Road.
Presentation:
Mindi Hurley, Economic Development Coordinator, made a presentation to
the Council.
Action:
Councilmember Tunnell moved to approve authorizing City Manager to
negotiate and execute a purchase and sale agreement, and any necessary
agreements and instruments related thereto, for the transfer of
approximately 9.4 acres of land out of the J. Simmons Survey, Abstract
No. 1296, to the Coppell Economic Development Foundation, acting as an
independent foundation, for the resale of such property to Kolberg
Development, LLC for the construction of two 21,050-square- foot two-
story retail/hotel buildings, a 25,141-square-foot two-story
event/conference center, and a 7,812-square-foot pet bed/breakfast. The
property is located along the east side of Coppell Road, approximately 250
feet south of Bethel Road. Councilmember York seconded the motion; the
motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and
Councilmembers Brancheau, Peters, Tunnell, Faught and York voting in
favor of the motion.
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19.Consider approval of an Ordinance ordering a Special Election to be
held on November 6, 2007 to consider the adoption of one-fourth of
one percent sales and use tax to provide revenue for maintenance
and repair of municipal streets; and, to consider the creation of a
Crime Control and Prevention District and the adoption of one-fourth
of one percent sales and use tax for crime reduction programs;
providing for the publication and posting of notice; authorizing the
City Manager to execute an Election Agreement and Election
Services Contract with Dallas County Elections Department; and
authorizing the Mayor to sign the Ordinance.
Presentation:
City Manager Jim Witt made a presentation to the Council.
Action:
Councilmember Tunnell moved to approve Ordinance No. 2007-1178
ordering a Special Election to be held on November 6, 2007 to consider
the adoption of one-fourth of one percent sales and use tax to provide
revenue for maintenance and repair of municipal streets; and, to consider
the creation of a Crime Control and Prevention District and the adoption of
one-fourth of one percent sales and use tax for crime reduction programs;
providing for the publication and posting of notice; authorizing the City
Manager to execute an Election Agreement and Election Services Contract
with Dallas County Elections Department; and authorizing the Mayor to
sign the Ordinance. Councilmember Peters seconded the motion; the
motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and
Councilmembers Brancheau, Peters, Tunnell, Faught and York voting in
favor of the motion.
20.Consider approval of a variance with stipulations for an Interim
Permit, upon concurrence of City Engineer, to Floodplain Management
Ordinance No. 2001-952, Article 4, Section B, Item 11(a) which
states that the Floodplain Administrator must "Assure that conditional
approvals are received from FEMA before a Floodplain Development
Permit is issued." for the proposed Alexander Court subdivision, an
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18.506 acre housing development at the northwest corner of Denton
Tap Road and Bethel Road.
Presentation:
Ken Griffin, Director of Engineering and Public Works, made a
presentation to the Council.
Action:
Councilmember Peters moved to approve a variance with stipulations for
an Interim Permit, upon concurrence of City Engineer, to Floodplain
Management Ordinance No. 2001-952, Article 4, Section B, Item 11(a)
which states that the Floodplain Administrator must "Assure that
conditional approvals are received from FEMA before a Floodplain
Development Permit is issued." for the proposed Alexander Court
subdivision, an 18.506 acre housing development at the northwest corner
of Denton Tap Road and Bethel Road; subject to the following stipulations:
1)Any changes requested by FEMA during their review of the flood study
submitted for Alexander Court must be complied with prior to the
acceptance of the subdivision improvements by the City;
2)No building permits will be issued on Lots 11-22, Block A until the
flood study has been approved by FEMA;
3)Any costs incurred by Mira Mar Development Corporation to comply
with any requested changes to the flood study by FEMA will be the
sole financial responsibility of Mira Mar Development Corporation; and
4)The variance implementation is contingent on verification from FEMA
by the City Engineer that all necessary information has been received
to complete their review.
Councilmember Faught seconded the motion; the motion carried 4-3 with
Councilmembers Peters, Tunnell, and Faught voting in favor of the motion;
Mayor Pro Tem Hinojosa-Flores, and Councilmembers Brancheau and
York voting against the motion; and Mayor Stover breaking the tie by
voting in favor of the motion.
21.Consideration of appeal from John Hawkins regarding impact fees and
other development requirements related to Alexander Court.
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Presentation:
Walter Leonard, attorney representing John Hawkins, made a presentation
to the Council.
John Hawkins answered questions from his attorney.
EXECUTIVE SESSION (Closed to the Public)
Convene Executive Session
A.Section 551.071, Texas Government Code - Consultation with
City Attorney.
Mayor Stover convened into Executive Session at 9:01 p.m. as allowed
under the above-stated article. Mayor Stover adjourned the Executive
Session at 9:12 p.m. and reopened the Regular Session.
REGULAR SESSION (Open to the Public)
Presentation:
Mr. Leonard continued his presentation.
EXECUTIVE SESSION (Closed to the Public)
Convene Executive Session
B.Section 551.071, Texas Government Code - Consultation with
City Attorney.
Mayor Stover convened into Executive Session at 10:07 p.m. as allowed
under the above-stated article. Mayor Stover adjourned the Executive
Session at 10:20 p.m. and reopened the Regular Session.
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REGULAR SESSION (Open to the Public)
Action:
Councilmember Tunnell moved to grant the Applicant $3,265.84, being the
difference between the Right-of-Way granted and the cost of the street
impact fees, and to deny the rest of the appeal, and instruct the City
Attorney to investigate the cost of the Right-of-Way provided by the City
for the wall along Denton Tap. Councilmember York seconded the motion;
the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and
Councilmembers Brancheau, Peters, Tunnell, Faught and York voting in
favor of the motion.
22.Mayor and Council Reports.
A.Report by Mayor Stover regarding the Susan G. Komen “Dig
for A Cure” Event on September 21.
A.Mayor Stover advised that the Coppell High School Volleyball Team
is sponsoring a Susan G. Komen “Dig for a Cure” in support of
former Mayor Candy Sheehan and her fight with breast cancer. The
st
event will be held on September 21.
23.Council Committee Reports.
A.Carrollton/Farmers Branch ISD/Lewisville ISD –
Councilmember Tunnell.
B.Coppell ISD – Councilmembers Peters and Faught.
C.Coppell Seniors – Councilmembers Brancheau and Faught.
D.Dallas Regional Mobility Coalition – Councilmember Peters.
E.Economic Development Committee – Mayor Pro Tem
Hinojosa-Flores and Councilmember Franklin.
F.International Council for Local Environmental Initiatives (ICLEI)
– Councilmember Brancheau
G.Metrocrest Hospital Authority – Councilmember Tunnell.
H.Metrocrest Medical Foundation – Councilmember Tunnell.
I.Metrocrest Medical Services – Mayor Pro Tem Hinojosa-
Flores.
J.Metrocrest Social Service Center – Councilmember Tunnell.
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K.North Texas Council of Governments – Councilmember
Brancheau.
L.NTCOG/Regional Emergency Management – Councilmember
Franklin.
M.North Texas Commission – Councilmember York.
N.Senior Adult Services – Councilmember Faught.
A.Councilmember Tunnell reported that CFBISD has opened a
Math/Engineering/Science/Technology Academy in an effort to
return to their “recognized” status issued by the state.
B.Councilmember Faught advised that school had started and is
awaiting more information once things slow down.
C.Councilmember Faught announced that several events are planned
for the Coppell Seniors including Senior Splash Day on September
th
7 from 11:00 to 1:00 p.m. at the Coppell Aquatic Center, and the
State Fair in October.
D.Councilmember Peters reported that the Texas Transportation
Commission chose to cancel their contract with Cintra and approve
to move forward with the construction of SH 121. They will be
making decisions shortly on the future of Highway 161 and Loop 9.
E.Mayor Pro Tem Hinojosa-Flores stated that the Economic
Development Committee had discussed Market Street along with
discussion regarding the needs of businesses that haven’t
succeeded in Coppell and why.
F.There was nothing to report on this item.
G.Councilmember Tunnell stated Metrocrest Hospital Authority is
chancing operators from tenet to Hospital Partners of America.
H.Councilmember Tunnell reminded the members of their invitation to
the Stetsons and Turquoise Annual Gala and Dinner scheduled for
nd
September 22 at the Bent Tree Country Club, benefiting
Metrocrest Medical Foundation.
I.There was nothing to report on this item.
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J. There was nothing to report on this item.
K. There was nothing to report on this item.
L. There was nothing to report on this item.
M.
Councilmember York announced a luncheon for the North
Commission on September 20th at the Anatole Hotel.
speakers include Jerry Jones and Dallas Mayor Leppert.
Texas
Guest
N. Councilmember Faught reported that Senior Adult Services will
receive a check on September 4th from Aetna in the amount of
$5,000. They will hold the Tee Up for Seniors at Indian Creek Golf
Club on October 22nd. The revenues for September 14-16 from
Nico' s Cocina on North Josey in Carrollton will be going to Senior
Adult Services.
24. Necessary action resulting from Work Session.
There was no action necessary under this item.
25. Necessary action resulting from Executive Session.
There was no action necessary under this item.
There being no further business to come before the City Council, the
meeting was adjourned.
ATIEST:
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