CM 2008-07-08
MINUTES OF JULY 8, 2008
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, July 8, 2008 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
Marvin Franklin, Mayor Pro Tem
Tim Brancheau, Councilmember
Jayne Peters, Councilmember
Brianna Hinojosa-Flores, Councilmember
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Karen Hunt, Councilmember
Also present were City Manager Jim Witt, Deputy City Secretary Christel
Pettinos 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
B.Section 551.072, Texas Government Code -
Deliberation regarding Real Property.
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1.Purchase of Real Property West of Denton Tap
and South of Bethel Road.
2.Discussion regarding sale of mineral rights on
City-owned property.
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 5:48 p.m. as
allowed under the above-stated article. Mayor Stover recessed the
Executive Session at 6:20 p.m. and opened the Work Session.
WORK SESSION (Open to the Public)
3.Convene Work Session
A.Discussion regarding serving Alcohol at City-
sponsored Events.
B.Discussion regarding Cemetery Logo.
C.Discussion regarding Park Trail Amenities and Park
Signage.
D.Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4.Convene Regular Session.
5.Invocation.
Pastor Susan Bryan from First United Methodist Church led those
present in the Invocation.
6.Pledge of Allegiance.
Mayor Stover led those present in the Pledge of Allegiance.
7.Presentation by Michael Morris, Director of
Transportation for the North Central Texas Council of
Governments, regarding regional transportation issues.
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Presentation:
Michael Morris, Director of Transportation for North Central Texas
Council of Governments, made a presentation to the Council.
8.Citizens' Appearances.
There was no one signed up to speak under this item.
CONSENT AGENDA
9.Consider approval of the following consent agenda items:
A.Consider approval of minutes: June 24, 2008
June 26, 2008.
B.Consider approval of a resolution authorizing the
Mayor and City Manager to execute the appropriate
funding of the Development Block Grant Funds
Agreement with Dallas County for fiscal years 2009,
2010 and 2011.
C.Consider approval of an agreement between the city
of Coppell and the Wilson Family, and authorizing
the City Manager to sign.
D.Consider approval of an Ordinance abandoning two
drainage easements and a grade-to-drain easement
located in the J.A. Simmons Survey, Abstract No.
1296, southwest corner of Denton Tap and Bethel
Road, as described in Exhibits "A", "B" and "C"
attached hereto; reserving all existing easement
rights of others, if any; and authorizing the Mayor to
sign and to execute any necessary documents.
Action:
Councilmember Tunnell moved to approve Consent Agenda
Items A; B carrying Resolution No. 2008-0708.1; C; and D
carrying Ordinance No. 2008-1201. Councilmember
Hinojosa-Flores seconded the motion; the motion carried 7-0
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with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and
Hunt voting in favor of the motion.
10.Consider approval of the Fire Station No. 1, Lot 1 Block 1,
Site Plan Amendment, to allow a 4,900-square-foot
building with four (4) bay doors for storage and vehicle
parking, on 3.64 acres of property located on the existing
fire station site at 520 Southwestern Boulevard.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
Action:
Mayor Pro Tem Franklin moved to approve the Fire Station No. 1,
Lot 1 Block 1, Site Plan Amendment, to allow a 4,900-square-foot
building with four (4) bay doors for storage and vehicle parking, on
3.64 acres of property located on the existing fire station site at
520 Southwestern Boulevard. Councilmember Peters seconded the
motion; the motion carried 7-0 with Mayor Pro Tem Franklin and
Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell,
Faught and Hunt voting in favor of the motion.
11.PUBLIC HEARING:
Consider approval of Case No. PD-221R5-HC, Duke Lesley
Addition, zoning change request from PD-221-R3-HC
(Planned Development-221 Revision 3-Highway
Commercial) to PD-221R5-HC (Planned Development-221
Revision 5- Highway Commercial) to attach a detail site
plan to allow a 5,000-square-foot convenience store with
ten gas pumps located along the west side of S. Belt Line
Road, approximately 636 feet north of IH 635.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
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Alicia Rhymer, representing the applicant, made a presentation to
the Council.
Mike Ruelle, representing the applicant, made a presentation to
the Council.
Bill Dahlstrom, representing the applicant, 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.
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 8:33 p.m. Mayor
Stover adjourned the Executive Session at 8:47 p.m. and reopened
the Regular Session.
REGULAR SESSION (Open to the Public)
Action:
Councilmember Tunnell moved to close the Public Hearing and
deny Case No. PD-221R5-HC, Duke Lesley Addition, zoning change
request from PD-221-R3-HC (Planned Development-221 Revision
3-Highway Commercial) to PD-221R5-HC (Planned Development-
221 Revision 5- Highway Commercial) to attach a detail site plan to
allow a 5,000-square-foot convenience store with ten gas pumps
located along the west side of S. Belt Line Road, approximately 636
feet north of IH 635. Councilmember Faught seconded the motion;
the motion carried 7-0 with Mayor Pro Tem Franklin and
Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell,
Faught and Hunt voting in favor of denying the item.
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12.PUBLIC HEARING:
Consider approval of Case No. PD-209R2-C, TownOaks
Centre, a zoning change request from PD-209R-C (Planned
Development-209-Revised-Commercial) to PD-209R2-C
(Planned Development-209-Revision 2-Commercial) to
allow the re-occupancy of an existing vacant restaurant
building for two restaurants (Chipotle and Mooyah
Burgers and Fries) requiring variances to the Zoning
Ordinance including: the incorporation of metal standing
seam awnings on three facades; two outdoor patio areas
encroaching into the required setback areas, a monument
sign to be setback ten feet from the property line, and
sign variances on property located at the southeast
corner of Sandy Lake Road and Denton Tap Road.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
Alen Hinckley, representing the applicant, made a presentation to
the Council.
Ryan Bills, representing the applicant, addressed questions from
the Council.
Bob Anderson, representing the applicant, addressed questions
from the Council.
Stephan Sahayda, representing the applicant, addressed questions
from the Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one
had signed up to speak on this proposal.
Action:
Councilmember Tunnell moved to close the Public Hearing and
approve Case No. PD-209R2-C, TownOaks Centre, a zoning change
request from PD-209R-C (Planned Development-209-Revised-
Commercial) to PD-209R2-C (Planned Development-209-Revision
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2-Commercial) to allow the re-occupancy of an existing vacant
restaurant building for two restaurants (Chipotle and Mooyah
Burgers and Fries) requiring variances to the Zoning Ordinance
including: the incorporation of metal standing seam awnings on
three facades; two outdoor patio areas encroaching into the
required setback areas, a monument sign to be setback ten feet
from the property line, and sign variances on property located at
the southeast corner of Sandy Lake Road and Denton Tap Road,
subject to the following modified conditions:
1)Metal awnings being replaced with canvas, or a lusterless,
non-metal material that closely resembles canvas, at least 98
percent of which is a single deep or neutral solid color. The
same awning color shall be used for both restaurants. The
umbrellas can be maroon and red.
2)The face of the monument sign to be red letters with bronze.
3)The patio shall consist of decorative metal railings instead of
mesh.
4)Five foot sidewalks being provided along Denton Tap Road
and Sandy Lake Road, and a sidewalk easement to be
provided along Sandy Lake Road.
Awnings must be fabric instead of metal.
5)
Councilmember Faught seconded the motion; the motion carried
7-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt
voting in favor of the motion.
13.PUBLIC HEARING:
Consider approval of Case No. PD-229R-LI, Minyard
Addition (KTR Capital), a zoning change request from PD-
229-LI (Planned Development-229-Light Industrial) to PD-
229R-LI (Planned Development-229 Revised-Light
Industrial) to allow a revised monument sign plan
including revisions to the location, design and size of four
(4) monument signs on 79.53 acres of property, located at
the southwest corner of Freeport Parkway and Bethel
Road.
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Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
Richard Nordyke, representing the applicant, addressed questions
from 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 Franklin moved to close the Public Hearing and
approve Case No. PD-229R-LI, Minyard Addition (KTR Capital), a
zoning change request from PD-229-LI (Planned Development-229-
Light Industrial) to PD-229R-LI (Planned Development-229
Revised-Light Industrial) to allow a revised monument sign plan
including revisions to the location, design and size of four (4)
monument signs on 79.53 acres of property, located at the
southwest corner of Freeport Parkway and Bethel Road, subject to
the following condition:
1) Industrial Park Industrial sign on the north east corner of the
property should be outside of drainage easement and away from
10" waterline. Refer to Bethel Rd. construction plans.
Councilmember Brancheau seconded the motion; the motion
carried 7-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt
voting in favor of the motion.
14.PUBLIC HEARING:
Consider approval of Case No. PD–233-R, Coppell Vision
Center, a zoning change request from SF-12 (Single
Family-12) to PD-233-R (Planned Development-233-Retail)
to allow the construction of a 2,600-square-foot medical
office on 0.434 acres of property located at the southeast
corner of Sandy Lake and Nash Road, 541 East Sandy
Lake Road.
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Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
Mardy Brown, representing the applicant, addressed questions
from 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 Hinojosa-Flores moved to close the Public Hearing
and approve Case No. PD–233-R, Coppell Vision Center, a zoning
change request from SF-12 (Single Family-12) to PD-233-R
(Planned Development-233-Retail) to allow the construction of a
2,600-square-foot medical office on 0.434 acres of property located
at the southeast corner of Sandy Lake and Nash Road, 541 East
Sandy Lake Road, subject to the following condition:
1) Applicant is allowed the removal of the cottonwood trees located
on the property without paying the tree retribution.
Mayor Pro Tem Franklin seconded the motion; the motion carried
7-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt
voting in favor of the motion.
15.Consider approval of the CiCi’s Addition No. 1, Site Plan
Amendment, to allow the construction of an approximate
6,700-square-foot expansion along the north side of the
existing office/warehouse building, on 5.14 acres of
property located at 1080 W. Bethel Road.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council for Items 15 & 16.
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Brian Jaffe, representing the applicant, addressed questions from
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:
Item No. 15:
The CiCi’s Addition No. 1, Site Plan Amendment, to allow the
construction of an approximate 6,700-square-foot expansion along
the north side of the existing office/warehouse building, on 5.14
acres of property located at 1080 W. Bethel Road, subject to the
following conditions:
1)All parking shown on the Site Plan and relocation of the firelane
shall be constructed with this phase of development.
2)Contact Larry Redick at (972) 323-8917 to discuss electrical
needs.
3)Tree removal permit will be required prior to start of
construction.
4)Drainage will be evaluated further during engineering plan
review;
And
Item No. 16:
The Cici’s Addition No. 1, Lot 1R, Block 1, Replat, to revise the
location of the fire lane to allow the expansion of the existing
office/warehouse building on 5.14 acres of property located at
1080 W. Bethel Road.
Mayor Pro Tem Franklin seconded the motion; the motion carried
7-0 with Mayor Pro Tem Franklin and Councilmembers
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Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt
voting in favor of the motion.
16.PUBLIC HEARING:
Consider approval of the Cici’s Addition No. 1, Lot 1R,
Block 1, Replat, to revise the location of the fire lane to
allow the expansion of the existing office/warehouse
building on 5.14 acres of property located at 1080 W.
Bethel Road.
Items 15 & 16 were considered together. Please see Item 15 for the
minutes.
17.Consider approval of the Freeport Parkway R.O.W.
Dedication, Preliminary Plat, to provide the required
right-of-way for the extension of Freeport Parkway, north
of Sandy Lake Road to S.H. 121.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council for Items 17 & 18.
Brian Jaffe, representing the applicant, addressed questions from
the Council.
Action:
Councilmember Peters moved to approve:
Item No. 17:
The Freeport Parkway R.O.W. Dedication, Preliminary Plat, to
provide the required right-of-way for the extension of Freeport
Parkway, north of Sandy Lake Road to S.H. 121;
And
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Item No. 18:
The Freeport Parkway R.O.W. Dedication, Final Plat, to provide the
required right-of-way for the extension of Freeport Parkway, north
of Sandy Lake Road to S.H. 121.
Councilmember Brancheau seconded the motion; the motion
carried 7-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt
voting in favor of the motion.
18.Consider approval of the Freeport Parkway R.O.W.
Dedication, Final Plat, to provide the required right-of-
way for the extension of Freeport Parkway, north of
Sandy Lake Road to S.H. 121.
Items 17 & 18 were considered together. Please see Item 17 for the
minutes.
19.Consider approval of City of Coppell Change Order #9 to
the Bethel Road Project #ST 99-05 in the amount of
$120,836.68 as provided for in CIP funds; and authorizing
the City Manager to sign and execute any necessary
documents.
Presentation:
Ken Griffin, Director of Engineering and Public Works, made a
presentation to the Council.
Action:
Councilmember Hunt moved to approve City of Coppell Change
Order #9 to the Bethel Road Project #ST 99-05 in the amount of
$120,836.68 as provided for in CIP funds; and authorizing the City
Manager to sign and execute any necessary documents.
Councilmember Peters seconded the motion; the motion carried
7-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt
voting in favor of the motion.
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20.Mayor and Council Reports.
A.Report by Mayor Stover regarding 4 of July
th
Activities.
th
A.Mayor Stover spoke regarding the July 4 activities and
Town Center Plaza Dedication.
21.Necessary action resulting from Work Session.
There was no action necessary under this item.
At this time, Mayor Stover reconvened into Executive Session.
EXECUTIVE SESSION (Closed to the Public)
22.Reconvene 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
Mayor Stover reconvened into Executive Session at 10:29 p.m. as
allowed under the above-stated article. Mayor Stover adjourned
the Executive Session at 11:17 p.m. and opened the Regular
Session.
REGULAR SESSION (Open to the Public)
23.Necessary action resulting from Executive Session.
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Presentation:
----.
Robert Hager, city Attomey, read a motion into the record.
Action:
Councilmember Peters moved to approve a mineral lease with Chief
Exploration and Development, LLC on municipal owned property
located at Moore Road south of Sandy Lake Road and Hunterwood
Park in the Hunterwood subdivision; and, authorize the Mayor to
sign. Councilmember Hunt seconded the motion; the motion
carried 7-0 with Mayor Pro Tern Franklin and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt
voting in favor of the motion.
There being no further busines
meeting was adjoumed.
e City Council, the
ATTEST:
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