CM 2008-12-09
MINUTES OF DECEMBER 9, 2008
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, December 9, 2008 at 5:35 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 (late arrival)
Billy Faught, Councilmember
Karen Hunt, Councilmember
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.Northlake Settlement Agreement between
Crow-Billingsley, et al and City of Coppell.
2.Legal Requirements for Traffic Enforcement.
B.Section 551.072, Texas Government Code -
Deliberation regarding Real Property.
1.Sale and acquisition of real property south of
Bethel Road and west of Denton Tap.
C.Section 551.087, Texas Government Code –
Economic Development Negotiations.
1.Economic Development Prospects West of
Denton Tap.
D.Section 551.074, Texas Government Code -
Personnel Matters.
City Manager Evaluation.
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Councilmember Tunnell arrived before convening into Executive
Session.
Mayor Stover convened into Executive Session at 5:45 p.m. as
allowed under the above-stated article. Mayor Stover adjourned
the Executive Session at 6:45 p.m. and opened the Work Session.
WORK SESSION (Open to the Public)
3.Convene Work Session
A.Cemetery Update.
B.Legislative Agenda.
C.Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4.Convene Regular Session.
5.Invocation.
Pastor Dale Patterson of Hackberry Creek 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.
CONSENT AGENDA
8.Consider approval of the following consent agenda items:
A.Consider approval of minutes: November 11, 2008.
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B.Consider approval of a Resolution approving a Tax
Abatement Agreement between the City of Coppell
and KTR Coppell, LLC, and authorizing the Mayor to
sign.
C.Consider approval of a Resolution approving a Tax
Abatement Agreement between the City of Coppell
and KTR Coppell, LLC, and authorizing the Mayor to
sign.
D.Consider approval of a Resolution approving a Tax
Abatement Agreement between the City of Coppell
and Cargill, Inc., and authorizing the Mayor to sign.
E.Consider approval of a grant agreement between the
City of Coppell, the Coppell Education Development
Corporation, and the Lewisville Independent School
District in the amount of $8,871.00 for technology
at Durham Middle School, and authorizing the City
Manager to sign.
F.Consider approval of a grant agreement between the
City of Coppell, the Coppell Education Development
Corporation, and the Lewisville Independent School
District in the amount of $9,754.00 for test
preparation software, and authorizing the City
Manager to sign.
G.Consider approval of a six-month extension to the
expiration date of January 7, 2009 for the Freeport
Parkway ROW 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.
H.Consider approval of an Ordinance for Case No. PD-
161R2-SF-12, Stratford Manor, a zoning change
from PD-161-SF-12 (Planned Development District-
161-Single Family-12) to PD-161R2-SF-12 (Planned
Development District-161 Revision 2-Single Family-
12) to allow a concrete block wall, six feet tall, along
the rear of Lot 12, Block A, property known as 709
Stratford Lane, and authorizing the Mayor to sign.
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I.Consider approval of an Ordinance for Case No. PD-
236-SF-12, Bethel Road Manor, a zoning change
from C (Commercial) and SF-12 (Single Family-12) to
PD-236-SF-12 (Planned Development-236-Single
Family-12) to allow the construction of a single-
family home with an eight-foot side yard on
property located on the north side of Bethel Road,
known as 234 W. Bethel Road and authorizing the
Mayor to sign.
Action:
Councilmember Tunnell moved to approve Consent Agenda Items
A, B carrying Resolution No. 2008-1209.1, C carrying Resolution
No. 2008-1209.2, D carrying Resolution No. 2008-1209.3, E,
F, G, H carrying Ordinance No. 91500-A-512 and I carrying
Ordinance No. 91500-A-513. 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.
9.Consider approval of a Resolution amending Resolution
No. 010996.3 as heretofore amended, with regard to
water rate fees; sewer rate fees; recreational fees; garbage
collection fees; and adding the Rolling Oaks Memorial
Center fees and authorizing the Mayor to sign.
Presentation:
Jennifer Miller, Director of Finance, made a presentation to the
Council.
Brad Reid, Director of Parks and Recreation, answered questions of
the Council.
Action:
Councilmember Peters moved to approve Resolution No.
2008-1209.4 amending Resolution No. 010996.3 as heretofore
amended, with regard to water rate fees; sewer rate fees;
recreational fees; garbage collection fees; and adding the Rolling
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Oaks Memorial Center fees, modify dangerous dog annual
registration fee from $500 to $100 and authorizing the Mayor to
sign. 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.
10.PUBLIC HEARING:
Consider approval of the Magnolia Fisheries, Lot 1R,
Block A, Replat & Minor Plat, to incorporate 0.65 acres of
property into the existing tract for a total of 1.424 acres
of property allowing the expansion of the existing facility
located at 217 N. Coppell Road.
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 Tunnell moved to close the Public Hearing and
approve the Magnolia Fisheries, Lot 1R, Block A, Replat & Minor
Plat, to incorporate 0.65 acres of property into the existing tract for
a total of 1.424 acres of property allowing the expansion of the
existing facility located at 217 N. Coppell Road, subject to the
following conditions:
1) Contact Larry Redick at 972-323-8917 to discuss electric
service requirements.
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.
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11.PUBLIC HEARING:
Consider approval of the Vaughan Addition, Lot 1R, Block
1, Replat, being a replat of Lot 1, Block 1 to allow the
incorporation of 4,490 square feet of this property into
Lots 3, 4 and 5, Block 1 of the Old Coppell Estates
Addition, and replat the remaining 1.154 acres of
property located at 412 Bethel Road.
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 Peters moved to close the Public Hearing and
approve the Vaughan Addition, Lot 1R, Block 1, Replat, being a
replat of Lot 1, Block 1 to allow the incorporation of 4,490 square
feet of this property into Lots 3, 4 and 5, Block 1 of the Old Coppell
Estates Addition, and replat the remaining 1.154 acres of property
located at 412 Bethel Road, subject to the following conditions:
1) The Replat of Lots 3R, 4R, & 5R, Block 1, Old Coppell
Estates Addition is approved.
Councilmember Hinojosa-Flores 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.
12.PUBLIC HEARING:
Consider approval of Case No. ZC-623, East Bethel Road,
zoning change from R (Retail) to SF-12 (Single Family-12)
to allow the construction of a single-family home on
0.6278 acres of property located on the north side of
Bethel Road, approximately 315 feet east of Denton Tap
Road.
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Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
Mary Bailey and Mike Coker, representing the applicant, addressed
the Council.
At this time, Mayor Stover convened into Executive Session.
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 7:50 p.m. Mayor
Stover adjourned the Executive Session at 7:53 p.m. and reopened
the Regular Session.
REGULAR SESSION (Open to the Public)
Action:
Councilmember Peters moved to close the Public Hearing.
Councilmember Hunt 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.
Councilmember Hunt moved to approve Case No. ZC-623, East
Bethel Road, zoning change from R (Retail) to SF-12 (Single
Family-12) to allow the construction of a single-family home on
0.6278 acres of property located on the north side of Bethel Road,
approximately 315 feet east of Denton Tap Road, subject to the
following conditions:
1) Revised Flood Plain, grading and drainage plans which
defines the buildable area within this lot.
2) Tree Survey/Tree Removal Permit.
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3) Request for a waiver of the alley requirement.
4) Payment of Impact Fees.
Mayor Pro Tem Franklin seconded the motion; the motion carried
6-1 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Faught and Hunt voting in
favor of the motion and Councilmember Tunnell voting against the
motion.
13.PUBLIC HEARING:
Consider approval of Case No. S-1249-C, Sprouts, zoning
change from C (Commercial) to S-1249-C (Special Use
Permit-1249-Commercial), to allow a 28,887-square-foot
grocery store to occupy a portion of an existing building,
to modify the front elevations and add two trellis
structures to the front of the building, located at 110 W.
Sandy Lake Road, Suite 180.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
Jerry Stutler, applicant, addressed questions of the Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one
had signed up to speak on this proposal.
Action:
Councilmember Tunnell moved to close the Public Hearing and
approve Case No. S-1249-C, Sprouts, zoning change from C
(Commercial) to S-1249-C (Special Use Permit-1249-Commercial),
to allow a 28,887-square-foot grocery store to occupy a portion of
an existing building, to modify the front elevations and add two
trellis structures to the front of the building, located at 110 W.
Sandy Lake Road, Suite 180. 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.
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14.PUBLIC HEARING:
Consider approval of a Resolution granting a variance of
one hundred (100') feet to SFM Beverages, Inc. d/b/a
Sprouts Farmers Market 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 Sandy Lake Road, Suite
180; and authorizing the Mayor to sign.
Presentation:
Jim Witt, City Manager, 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 Peters moved to close the Public Hearing and
approve with adding the in personam language for variance to go
with owner of the TABC License Res. # 2008-1209.5
Councilmember Hunt 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.PUBLIC HEARING:
Consider approval of the designation of a reinvestment
zone pursuant to Section 312.201 of the Property
Redevelopment and Tax Abatement Act. The property to
be considered for Reinvestment Zone designation is the
property described as Freeport north Lot 5R.2 (11.42
acres), located at the NEC of Royal Lane and Creekview
Drive, Coppell, Texas.
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Presentation:
Mindi Hurley, Economic Development Coordinator, 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:
Mayor Pro Tem Franklin moved to close the Public Hearing and
approve the designation of a reinvestment zone pursuant to
Section 312.201 of the Property Redevelopment and Tax
Abatement Act. The property to be considered for Reinvestment
Zone designation is the property described as Freeport north Lot
5R.2 (11.42 acres), located at the NEC of Royal Lane and
Creekview Drive, Coppell, Texas. 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.
16.Consider approval of an Ordinance designating Derse
Exhibits, Inc., Reinvestment Zone No. 60, and authorizing
the Mayor to sign.
Presentation:
Mindi Hurley, Economic Development Coordinator, made a
presentation to the Council.
Action:
Councilmember Tunnell moved to approve Ordinance No.
2008-1215 designating Derse Exhibits, Inc., Reinvestment Zone
No. 60, and authorizing the Mayor to sign. Councilmember
Hinojosa-Flores 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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17.Consider approval of a Resolution approving a Tax
Abatement Agreement between the City of Coppell and
Derse Exhibits, Inc., and authorizing the Mayor to sign.
Presentation:
Mindi Hurley, Economic Development Coordinator, made a
presentation to the Council.
Action:
Councilmember Tunnell moved to approve Resolution No.
2008-1209.6 approving a Tax Abatement Agreement between the
City of Coppell and Derse Exhibits, Inc., and authorizing the Mayor
to sign. 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.
18.Consider approval of a Resolution approving a letter of
support for the creation of a Foreign Trade Zone to be
located at 301 S. Northpoint in Coppell, Texas, and
authorizing the Mayor to sign.
Presentation:
Mindi Hurley, Economic Development Coordinator, made a
presentation to the Council.
Action:
Councilmember Brancheau moved to approve Resolution No.
2008-1209.7 approving a letter of support for the creation of a
Foreign Trade Zone to be located at 301 S. Northpoint in Coppell,
Texas, and authorizing the Mayor to sign. 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.
19.Consider approval of a Resolution approving a letter of
support for the creation of a Foreign Trade Zone to be
located at 240 Dividend Road, 400 Dividend Road and
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1475 S. Belt Line Road in Coppell, Texas, and authorizing
the Mayor to sign.
Presentation:
Mindi Hurley, Economic Development Coordinator, made a
presentation to the Council.
Action:
Councilmember Brancheau moved to approve Resolution No.
2008-1209.8 approving a letter of support for the creation of a
Foreign Trade Zone to be located at 301 S. Northpoint in Coppell,
Texas, and authorizing the Mayor to sign. 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.
20.Mayor and Council Reports.
A.Report by Mayor Stover regarding the Metroplex
Mayors’ Meeting.
B.Report by Mayor Stover regarding Jim Witt
Reception/Clay Phillips Swearing in on December
16.
C.Report by Mayor Stover regarding the Christmas
parade on December 6.
A. Mayor Stover and City Manager Jim Witt attended the
Mayor’s Metroplex Meeting, where Dallas Morning News
Columnist, Steve Blow, was the guest speaker.
B. Mayor Stover reminded the community about the reception
scheduled for December 16 in honor of Jim Witt on his
retirement of 15 years as Coppell’s City Manager and a
Special City Council Meeting to swear in new City Manager
Clay Phillips.
C. Mayor Stover reported on the City of Coppell’s first evening
Christmas parade. He congratulated city staff for a great
community event.
At this time, Mayor Stover reconvened into Work Session.
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1
REGULAR SESSION (Open to the Public)
21. Necessary action resulting from Work Session.
There was no action necessary under this item.
22. Necessary action resulting from Executive Session.
There was no action necessary under this item.
1
~J
There being no further business
meeting was adjourned.
ATTEST:
Libby Ball, ty Secretary
come~beforg ~Y~'e City Council, the
. Stover, Mayor
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