CM 2008-03-11
MINUTES OF MARCH 11, 2008
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, March 11, 2008 at 6:00 p.m. in the City Council Chambers of
Town Center, 255 Parkway Boulevard, Coppell, Texas. The following
members were present:
Doug Stover, Mayor
Mayor Pro Tem Brianna Hinojosa-Flores
Tim Brancheau, Councilmember
Jayne Peters, Councilmember
Billy Faught, Councilmember
Bill York, Councilmember
Councilmembers Marvin Franklin and Marsha Tunnell were 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 191
st
District Court; and City of Coppell, et al vs.
City of Dallas, et al in the 101 District Court.
st
2.Mira Mar vs. City of Coppell
B.Section 551.072, Texas Government Code -
Deliberation regarding Real Property.
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1.Purchase of real property east of Denton Tap
and north of Beltline.
C.Section 551.087, Texas Government Code –
Economic Development Negotiations.
1.ED Prospects East and West of Beltline/Denton
Tap and south of Bethel Road.
Mayor Stover convened into Executive Session at 6:14 p.m. as
allowed under the above-stated article. Mayor Stover recessed the
Executive Session at 7:03 p.m. and opened the Regular Session.
WORK SESSION (Open to the Public)
3.Convene Work Session
A.Discussion regarding Budget Calendar.
B.Discussion of Agenda Items.
Due to time constraints, Work Session was not held.
REGULAR SESSION (Open to the Public)
4.Convene Regular Session.
5.Invocation.
Pastor Rod Collver of Living Hope Church led those present in the
Invocation.
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.
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CONSENT AGENDA
8.Consider approval of the following consent agenda items:
A.Consider approval of minutes: February 26, 2008.
B.Consider approval of amending the minutes of the
February 12, 2008 Council Meeting to correct the
Ordinance number for Consent Agenda Item F from
91500-A-491 to Ordinance No. 2008-1191.
C.Consider approval of awarding RFP #0092, and
enter into an agreement with DFW Multimedia,
Inc., DFW Video, in the amount of $65,500, as
budgeted, for video production services, and
authorizing the City Manager to sign.
D.Consider approval of an Interlocal Agreement
between the City of Coppell and the North Central
Texas Council of Governments for the cooperative
purchasing for TMRS actuarial shared services, and
authorizing the City Manager and the Mayor to
sign all appropriate documents.
E.Consider approval of a nine-month extension to the
expiration date (December 12, 2008) of the
Alexander Court, Lots 1-29, Block A, Preliminary
Plat, to allow the subdivision of 29 single-family
lots and two common area lots on 18.5 acres of
property located at the northwest corner of Bethel
and Denton Tap Roads.
F.Consider approval of an Ordinance for Case No. PD-
221R4-HC, Duke Lesley Addition, zoning change
from PD-221-HC (Planned Development-221-
Highway Commercial) to PD-221R4-HC (Planned
Development-221 Revision 4- Highway Commercial)
to allow two oversized Monument Signs to be
located in the medians of Dividend Drive and Point
West Boulevard (one at each location) and
authorizing the Mayor to sign.
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G.Consider approval of a Right of Way Use Agreement
between the City of Coppell and Duke Realty, LP for
the installation of monument signs in the right-of-
way of Dividend Drive and Point West Boulevard;
and authorizing the City Manager to sign.
H.Consider approval of an Ordinance for Case No. PD-
227R-SF-12, Bellacere Addition, zoning change
from PD-227-SF-12 (Planned Development-227-
Single Family-12) to PD-227R-SF-12 (Planned
Development-227 Revised-Single Family-12), to
allow: realignment of the mutual access/fire lane
easement; reconfiguration of the common area lot;
relocation of the garage access on Lot 4; and
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.
Action:
Councilmember Peters moved to approve Consent Agenda Items A,
B, C, D, E, F carrying Ordinance No. 91500-A-491 and G and H
carrying Ordinance No. 91500-A-492. Councilmember Faught
seconded the motion; the motion carried 5-0 with Mayor Pro Tem
Hinojosa-Flores and Councilmembers Brancheau, Peters, Faught
and York voting in favor of the motion.
9.PUBLIC HEARING:
Consider approval of the Arbor Manors, Replat, a replat to
revise the previously approved subdivision to eliminate a
4,800-square-foot common area lot and to incorporate
this area into an enlarged and reconfigured five lots,
allowing the development of 73 single-family homes and
10 common area open spaces on approximately 25.15
acres of property located south of Sandy Lake Road and
west of Denton Tap Road.
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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.
Action:
Councilmember York moved to close the Public Hearing and
approve the Arbor Manors, Replat, a replat to revise the previously
approved subdivision to eliminate a 4,800-square-foot common
area lot and to incorporate this area into an enlarged and
reconfigured five lots, allowing the development of 73 single-family
homes and 10 common area open spaces on approximately 25.15
acres of property located south of Sandy Lake Road and west of
Denton Tap Road., subject to the following conditions:
1)Delineate a 58-foot front yard setback on lots 1-5, Block E; and
2)Add a 15-foot setback on Lot 24, Block A.
Councilmember Brancheau seconded the motion; the motion
carried 5-0 with Mayor Pro Tem Hinojosa-Flores and
Councilmembers Brancheau, Peters, Faught and York voting in
favor of the motion.
10.PUBLIC HEARING:
Consider approval of Case No. S-1245-TC, DeVine Cellars,
a zoning change request from TC (Town Center) to S-
1245-TC (Special Use Permit-1245-Town Center), to allow
the operation of a 2,272-square-foot retail/convenience
store and restaurant, located in the Town Center
Addition, along the east side of Denton Tap Road north of
Town Center Blvd.
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Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
Jean Dahl, 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:
Mayor Pro Tem Hinojosa-Flores moved to close the Public Hearing
and approve Case No. S-1245-TC, DeVine Cellars, a zoning change
request from TC (Town Center) to S-1245-TC (Special Use Permit-
1245-Town Center), to allow the operation of a 2,272-square-foot
retail/convenience store and restaurant, located in the Town
Center Addition, along the east side of Denton Tap Road north of
Town Center Blvd., subject to the following conditions:
1)The development shall be in accordance with the Site Plan,
Floor Plan and Sign Elevations; and
2)Hours of operation shall be limited to 10 a.m. to 10 p.m.
Monday through Thursday, until 12 a.m. on Friday and
Saturday, and between noon and 6 p.m. on Sunday.
Councilmember Peters seconded the motion; the motion carried
5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers
Brancheau, Peters, Faught and York voting in favor of the motion.
11.PUBLIC HEARING:
Consider approval of Case No. PD-223R-C, Chase Bank
(Kimbel Addition), a zoning change request from PD-223-
C (Planned Development-223-Commercial) to PD-223R-C
(Planned Development-223 Revised-Commercial) to attach
a revised Detail Site Plan to allow the development of a
3,889-square-foot bank with three drive-thru lanes on
0.70 acres of property, located at the southeast corner of
MacArthur Boulevard and Village Parkway.
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Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
Alen Hinkley, 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 Case No. PD-223R-C, Chase Bank (Kimbel Addition), a
zoning change request from PD-223-C (Planned Development-223-
Commercial) to PD-223R-C (Planned Development-223 Revised-
Commercial) to attach a revised Detail Site Plan to allow the
development of a 3,889-square-foot bank with three drive-thru
lanes on 0.70 acres of property, located at the southeast corner of
MacArthur Boulevard and Village Parkway with awnings, subject
to the following conditions:
1)Indicate the locations for the proposed Purple Wintercreeper on
the plan; and
2)Engineering Comments:
a)If lime stabilization is not going to be used for the paving, a
waiver request must be submitted by the engineer along with
the geotechnical report and the thickness of concrete
increased by 1";
b)The retaining wall is in conflict with the sanitary sewer on
the east side of the project. The engineered retaining wall
design will need to be submitted to Engineering Department
during the plan review process; and
c)It appears that a full set of construction plans was submitted
with the DRC information. These plans should not be
considered submission for engineering approval. Plans for
review should not be submitted until approval from Planning
and/or City Council is granted.
Councilmember Faught seconded the motion; the motion failed 1-4
with Councilmember Peters voting in favor of the motion and
Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau,
Faught and York voting against of the motion.
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Councilmember Faught moved to close the Public Hearing and
approve Case No. PD-223R-C, Chase Bank (Kimbel Addition), a
zoning change request from PD-223-C (Planned Development-223-
Commercial) to PD-223R-C (Planned Development-223 Revised-
Commercial) to attach a revised Detail Site Plan to allow the
development of a 3,889-square-foot bank with three drive-thru
lanes on 0.70 acres of property, located at the southeast corner of
MacArthur Boulevard and Village Parkway without awnings,
subject to the following conditions:
1)Indicate the locations for the proposed Purple Wintercreeper on
the plan; and
2)Engineering Comments:
a)If lime stabilization is not going to be used for the paving, a
waiver request must be submitted by the engineer along with
the geotechnical report and the thickness of concrete
increased by 1";
b)The retaining wall is in conflict with the sanitary sewer on
the east side of the project. The engineered retaining wall
design will need to be submitted to Engineering Department
during the plan review process; and
c)It appears that a full set of construction plans was submitted
with the DRC information. These plans should not be
considered submission for engineering approval. Plans for
review should not be submitted until approval from Planning
and/or City Council is granted.
Councilmember York seconded the motion; the motion carried 4-1
with Mayor Pro Tem Hinojosa-Flores and Councilmembers
Brancheau, Faught and York voting in favor of the motion and
Councilmember Peters voting against.
At this time, Items 15 & 16 were considered. Please see Items 15 & 16
for the minutes.
12.PUBLIC HEARING:
Consider approval of Case No. S-1238R-C, Kegs N Cellar, a
zoning change request from S-1238-C (Special Use Permit-
1238-Commercial) to S-1238R-C (Special Use Permit-1238
Revised-Commercial) to allow an additional 23-square-
foot attached sign on the west elevation in addition to
the two existing attached signs for the 2,850-square-foot
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convenience/retail store located at 777 S. MacArthur
Blvd., #413.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
Gordon Pratt, 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 Faught moved to close the Public Hearing and
approve Case No. S-1238R-C, Kegs N Cellar, a zoning change
request from S-1238-C (Special Use Permit-1238-Commercial) to
S-1238R-C (Special Use Permit-1238 Revised-Commercial) to allow
an additional 23-square-foot attached sign on the west elevation in
addition to the two existing attached signs for the 2,850-square-
foot convenience/retail store located at 777 S. MacArthur Blvd.,
#413. Councilmember Brancheau seconded the motion; the
motion carried 5-0 with Mayor Pro Tem Hinojosa-Flores and
Councilmembers Brancheau, Peters, Faught and York voting in
favor of the motion.
13.PUBLIC HEARING:
Consider approval of two text amendments to the Coppell
Zoning Ordinance; Sec. 12-29-3.3 adding “(P) Signs which
advertise or refer to the sale or consumption of alcoholic
beverages by words or symbols” to types of signs are
specifically prohibited, and Sec. 12-29-4.3(A)i, requiring
individually mounted letters in the industrial districts.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
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Public Hearing:
Mayor Stover opened the Public Hearing and asked for those
persons who signed up to speak.
A.Gordon Pratt, 630 Oakbend, spoke against the proposal.
EXECUTIVE SESSION (Closed to the Public)
Convene Executive Session
Section 551.071, Texas Government Code - Consultation with
City Attorney.
Mayor Stover convened into Executive Session at 8:43 p.m. as
allowed under the above-stated article. Mayor Stover adjourned
the Executive Session at 8:52 p.m. and opened the Regular
Session.
REGULAR SESSION (Open to the Public)
Action:
Councilmember Faught moved to close the Public Hearing and
approve two text amendments to the Coppell Zoning Ordinance;
Sec. 12-29-3.3 adding “(P) Signs which advertise or refer to the sale
or consumption of alcoholic beverages by words or symbols” to
types of signs are specifically prohibited, and Sec. 12-29-4.3(A)i,
requiring individually mounted letters in the industrial districts.
Councilmember York seconded the motion; the motion carried 5-0
with Mayor Pro Tem Hinojosa-Flores and Councilmembers
Brancheau, Peters, Faught and York voting in favor of the motion.
14.PUBLIC HEARING:
Consider approval of an application by Chesapeake
Energy to allow drilling and production from a horizontal
well on property located north of Bethel Road, west of the
proposed extension of Creekview Drive, on the Fellowship
Church Property.
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Presentation:
Marcie Diamond, Assistant Director of Planning, made a
presentation to the Council.
Craig Overcash, Martin Johnson and Laura Binkley, representing
the applicant, addressed the Council.
Larry Hulsey, consultant to the City, addressed questions from the
Council.
Public Hearing:
Mayor Stover opened the Public Hearing and asked for those
persons who signed up to speak.
A.Jack Clark, 718 Beal Lane, spoke in favor of the landscape
screening and complimented Chesapeake’s business
practices.
Action:
Councilmember Brancheau moved to close the Public Hearing and
approve an application by Chesapeake Energy to allow drilling and
production from a horizontal well on property located north of
Bethel Road, west of the proposed extension of Creekview Drive, on
the Fellowship Church Property, subject to the following
conditions:
1)Production Phase Site Plan being revised to include site plan
(location) and elevations (heights, colors, etc.) of all
equipment/facilities.
2)Construction Site Notice will be required to be submitted to the
city, and be posted on the property prior to issuance of a tree
removal permit or a grading permit for this property.
3)Revise pipeline route to not be within the R.O.W. for Bethel
Road or Creekview Drive (90 degree crossings would be
permitted).
4)Rectify the inconsistencies with location of the well pad site in
the grading and erosion control plan and other drawings
submitted.
5)Tree removal permit is required prior to the removal of any
trees. A fee in the amount of $149,900 will be due to the City
of Coppell Reforestation and Natural Areas fund at the time the
tree removal permit is pulled. However, if the trees can be
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planted and preserved as originally envisioned, then the fees
would be reduced to $82,750 and the city would be assured a
visually appealing landscape buffer around this use.
6)Submit a bond in the amount of $10,000 to assure the
installation, long term maintenance, and replacement of the
required 33 Evergreen trees (Austrian Pines or Red Cedar trees,
a minimum of eight feet in height when planted) as required
along the perimeter of the well pad site.
Councilmember Peters seconded the motion; the motion carried
5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers
Brancheau, Peters, Faught and York voting in favor of the motion.
15.Consider approval of Bid Number Q-1207-02, and
resulting contract, from Meridian Commercial, L.P., in
the amount of $4,506,000.00, for construction of the
Coppell Community/Senior Center, and authorizing the
City Manager to sign.
Presentation:
Brad Reid, Director of Parks and Recreation, made a presentation
to the Council.
Jeff Bulla, architect, addressed the Council.
Tom Garding, 927 Moonlight Cove, spoke on behalf of the Seniors
and expressed their gratitude.
Action:
Councilmember Peters moved to approve Bid Number Q-1207-02,
and resulting contract, from Meridian Commercial, L.P., in the
amount of $4,506,000.00, for construction of the Coppell
Community/Senior Center, and authorizing the City Manager to
sign. Councilmember York seconded the motion; the motion
carried 5-0 with Mayor Pro Tem Hinojosa-Flores and
Councilmembers Brancheau, Peters, Faught and York voting in
favor of the motion.
16.Consider approval of Change Order No. One to Meridian
Commercial, L.P., to reduce the contract for
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construction of the Coppell Community/Senior Center
by $391,801.00, bringing the total contract to
$4,114,199.00.
Presentation:
Brad Reid, Director of Parks and Recreation, made a presentation
to the Council.
Action:
Councilmember Faught moved to approve Change Order No. One
to Meridian Commercial, L.P., to reduce the contract for
construction of the Coppell Community/Senior Center by
$391,801.00, bringing the total contract to $4,114,199.00. Mayor
Pro Tem Hinojosa-Flores seconded the motion; the motion carried
5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers
Brancheau, Peters, Faught and York voting in favor of the motion.
17.Consider approval of a Change Order to close Bethel
Road from Freeport Parkway east to the east property
line of the Hard Eight Restaurant and Bethel Road from
Freeport Parkway west approximately 1,800 feet for
specific reconstruction activities; providing for
liquidated damages and an early completion incentive;
and authorizing the City Manager to sign.
Presentation:
Ken Griffin, Director of Engineering and Public Works, made a
presentation to the Council.
Action:
Councilmember York moved to approve a Change Order to close
Bethel Road from Freeport Parkway east to the east property line
of the Hard Eight Restaurant and Bethel Road from Freeport
Parkway west approximately 1,800 feet for specific reconstruction
activities; providing for liquidated damages and an early
completion incentive; and authorizing the City Manager to sign.
Councilmember Peters seconded the motion; the motion carried
5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers
Brancheau, Peters, Faught and York voting in favor of the motion.
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18.Consider approval of a contract between the city of
Coppell and Stewart Enterprises to build a funeral home
at Rolling Oaks Cemetery, and authorizing the Mayor to
sign.
Presentation:
Jim Witt, City Manager, made a presentation to the Council.
Action:
Councilmember Peters moved to approve a contract between the
city of Coppell and Stewart Enterprises to build a funeral home at
Rolling Oaks Cemetery, and authorizing the Mayor to sign. Mayor
Pro Tem Hinojosa-Flores seconded the motion; the motion carried
5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers
Brancheau, Peters, Faught and York voting in favor of the motion.
19.Mayor and Council Reports.
A.Report by Mayor Stover regarding Metroplex
Mayors Meeting.
B.Report by Mayor Stover regarding Community Egg
Hunt, Saturday, March 22, 11:00 a.m. at Wagon
Wheel Park.
C.Report by Mayor Stover regarding New Tech High
registration.
A.Mayor Stover reported on his attendance at the Metroplex
Mayor’s Meeting. Speaker Dan Petty gave updates on NTC
and air quality and transportation concerns.
B.Mayor Stover announced the Community Egg Hunt
Saturday, March 22 at Wagon Wheel Park. The event starts
promptly at 11:00 a.m.
C.Mayor Stover spoke of the New Tech High School. The
district received 344 student applications by the deadline,
and 40 additional applications following the deadline. Mayor
Stover and Mayor Pro Tem Hinojosa-Flores drew 145 names
from a lottery system. Mayor Stover commended everyone
who worked on the project.
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I
20. Necessary action resulting from Work Session.
There was no action necessary under this item.
21.
Necessary action resulting from Executive Session.
I
Councilmember York moved to approve Resolution No. 2008-
0311.1 providing for and consenting to the exercise of eminent
domain as authorized by the city council of the city of Coppell,
Texas; providing for the acquisition by eminent domain of property
commonly referred to as 461 Bethel Road within the municipal
boundaries of the city of Coppell, Dallas County, Texas; declaring a
public necessity exists and finding a public use and purpose for
the welfare and convenience of the citizens, requires the taking and
acquiring of property for the expansion of roadway, that certain
tract which will be burdened with the roadway expansion is
situated in the James A. Simmons Survey, Abstract No. 1296, tract
16, located on the south line of Bethel Road, approximately 300
feet west of Coppell Road, and containing a total of 0.55 (+ / -) acres
of land; providing for an offer to purchase the utility easement for
just compensation and if such offer is refused, authorizing counsel
to institute necessary proceedings in condemnation to acquire the
property for utility purposes; and authorizing the Mayor to sign.
Councilmember Brancheau seconded the motion; the motion
carried 5-0 with Mayor Pro Tern Hinojosa-Flores and
Councilmembers Brancheau, Peters, Faught and York voting in
favor of the motion.
There being no further business
meeting was adjoumed.
ATIEST:
~irdd-~
Libb Bal ity Secretary
I
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