CM 2009-02-10
MINUTES OF FEBRUARY 10, 2009
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, February 10, 2009 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 Clay Phillips, 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.Settlement Offer and Pending Litigation in case
styled City of Coppell, Texas vs. Hassan
Khosravi, Cause No. 08-15284.
2.Discussion regarding Procedures Manual.
B.Section 551.087, Texas Government Code –
Economic Development Negotiations.
1.Discussion regarding Sales Tax Collection.
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2.ED Prospects East and West of Beltline/Denton
Tap and south of Bethel Road and north of
Sandy Lake Road and west of Coppell Road.
Mayor Stover convened into Executive Session at 5:44 p.m. as
allowed under the above-stated article. Mayor Stover adjourned
the Executive Session at 6:37 p.m. and opened the Work Session.
WORK SESSION (Open to the Public)
3.Convene Work Session
A.Discussion regarding Public Improvements in Old
Coppell.
B.Discussion of Agenda Items.
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.
7.Citizens' Appearances.
1)
Satvika Ananthspoke regarding Coppell Youth Leadership’s
fund raiser “Pennies for Playgrounds.”
CONSENT AGENDA
8.Consider approval of the following consent agenda items:
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A.Consider approval of minutes: January 27, 2009 &
February 3, 2009.
B.Consider approval of a Resolution calling the
General Municipal Election for Mayor and for
Councilmembers Place 2, 4 and 6 for Saturday, May
9, 2009; authorizing the City Manager to enter into
and sign a Joint Election Agreement and Election
Service Contract with Dallas County Elections
Department for conducting the Municipal Election;
and authorizing the Mayor to sign.
C.Consider approval of an ordinance amending the
Code of Ordinances for the City of Coppell Chapter
8, Article 1, Section 1 (a) of the Code of Ordinances;
making it unlawful to park, stand, or stop a vehicle
at all times on the east side of Chateaus Drive from
its point of intersection with Bethel Road to its
point of intersection with Versailles Drive, and
prohibiting on-street parking at all times on Chalais
Court on the east side from its point of intersection
with Versailles Drive southward, then to the west
side northward back to the point of intersection to
Versailles Drive; and authorizing the Mayor to sign
and execute any necessary documents.
D.Consider approval of an amendment to the design
contract awarded to Freese & Nichols on August 28,
2007 for Project #ST 07-01, South Coppell Road, in
the amount of $23,430.00, as provided for in CIP
funds; and authorizing the City Manager to sign and
execute any necessary documents.
E.Consider approval of an ordinance of the city of
Coppell, Texas by amending Chapter 11 "Industrial
Waste," by amending Section 11-2-5 "Hazardous
Metals and Toxic Materials (local limits)," by
amending the local limits from 0.2 MG/1
Molybdenum to 0.8 MG/1 Molybdenum; and
authorizing the Mayor to sign.
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Presentation:
Perri Kittles, Environmental Health Officer, made a
presentation to the Council.
Action:
Councilmember Tunnell moved to approve Consent Agenda Items
A, B carrying Resolution No. 2009-0210.1, C carrying Ordinance
th
No. 2009-1219, D and postpone Item E until the February 24
meeting. 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.
9.PUBLIC HEARING:
Consider approval of Case No. PD-238-HC, Coppell Office
Village, zoning change request from HC (Highway
Commercial) to PD-238-HC (Planned Development-238-
Highway Commercial) to attach a detail site plan to allow
a one-story, 23,200-square-foot office building on 2.02
acres of property located along the south side of S.H. 121,
approximately 400 feet east of Denton Tap Road.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
Terry Holmes, representing the applicant, was available for
questions from the Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised no one signed
up to speak.
Action:
Councilmember Tunnell moved to close the Public Hearing and
approve Case No. PD-238-HC, Coppell Office Village, zoning
change request from HC (Highway Commercial) to PD-238-HC
(Planned Development-238-Highway Commercial) to attach a detail
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site plan to allow a one-story, 23,200-square-foot office building on
2.02 acres of property located along the south side of S.H. 121,
approximately 400 feet east of Denton Tap Road. 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.
10.PUBLIC HEARING:
Consider approval of the Coppell Office Village, Lot 1,
Block A, Replat, a replat of the U-Haul Addition, Lot 1,
Block 1, to relocate and revise building lines, fire lanes
and easements to allow the development of an office
building on 2.02 acres of land located along the south
side of S.H. 121, approximately 400 feet east of Denton
Tap Road.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised no one signed
up to speak.
Action:
Mayor Pro Tem Franklin moved to close the Public Hearing and
approve the Coppell Office Village, Lot 1, Block A, Replat, a replat
of the U-Haul Addition, Lot 1, Block 1, to relocate and revise
building lines, fire lanes and easements to allow the development
of an office building on 2.02 acres of land located along the south
side of S.H. 121, approximately 400 feet east of Denton Tap Road
subject to the following conditions:
1) Rectify the inconsistencies in the location of fire hydrants on
the Utility Plan and Site Plan; and
2) Verify that the driveway encroachment into the Oncor utility
easement at the southwest corner of the site is acceptable to
Oncor or relocate if necessary.
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Councilmember Tunnell 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-228R2-HC, Vista Ridge
Retail (Taste of Market Street), zoning change request
from PD-228R-HC (Planned Development-228 Revision-
Highway Commercial) to PD-228R2-HC (Planned
Development-228 Revision 2-Highway Commercial) to
allow an internally lit LED digital gas price monument
sign for the convenience store with fuel sales and drive-
through on approximately 1.19 acres of property,
approximately 200 feet north of the northeast corner of
S.H. 121 and Denton Tap Road.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
Ward Creason, representing the applicant, answered questions
from the Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised no one signed
up to speak.
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 8:15 p.m. Mayor
Stover adjourned the Executive Session at 8:23 p.m. and reopened
the Regular Session.
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REGULAR SESSION (Open to the Public)
Action:
Councilmember Peters moved to close the Public Hearing and
approve option #3 monument sign for the convenience store with
fuel sales and drive-through on approximately 1.19 acres of
property, approximately 200 feet north of the northeast corner of
S.H. 121 and Denton Tap Road for Case No. PD-228R2-HC, Vista
Ridge Retail (Taste of Market Street), zoning change request from
PD-228R-HC (Planned Development-228 Revision-Highway
Commercial) to PD-228R2-HC (Planned Development-228 Revision
2-Highway Commercial). 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.
12.Consider approval of an ordinance amending Chapter 1,
"Administration," of the Code of Ordinances by adding
Section 1-10-13, "Rules of Procedure for Appeals of
Municipal Infrastructure Cost Apportionment
Determinations;" and authorizing the Mayor to sign.
Presentation:
Bob Hager, City Attorney, made a presentation to the Council.
Action:
Councilmember Peters moved to approve Ordinance No.
2009-1220 amending Chapter 1, "Administration," of the Code of
Ordinances by adding Section 1-10-13, "Rules of Procedure for
Appeals of Municipal Infrastructure Cost Apportionment
Determinations;" 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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13.Mayor and Council Reports.
A.Report by Mayor Stover regarding Metroplex Mayors’
Meeting.
B.Report by Councilmember Tunnell regarding Elected
Officials Roundtable with Joe Gonzales, Bryan, Tx.
A.Deputy City Manager Mario Canizares attended the
Metroplex Mayors’ Meeting and updated Council on the
speakers from the Department of Homeland Security and the
potential terroristic threats in the metroplex area.
B.Councilmember Tunnell reported on the Elected Officials
Roundtable with Joe Gonzales. The guest speaker was a
professor from the Bush School of Public Administration at
Texas A&M. One of the topics discussed was getting mayors
to help their communities think about the second tier effects
of decision making.
17.Necessary action resulting from Work Session.
There was no action necessary under this item.
18.Necessary action resulting from Executive Session.
Presentation:
Bob Hager, City Attorney, made a presentation to the Council.
Action:
Councilmember Tunnell moved to authorize the City Attorney to
enter into an agreement award of special commissioner and agree
to judgment in an eminent domain proceeding styled City of
Coppell vs. Hassan Khosravi; Cause No. 08-15284, as previously
authorized on January 27, 2009, for an additional $8,000, and
authorize the Mayor and City Attorney to execute the necessary
documents. 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.
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1
Action:
Councilmember Tunnell moved to authorize the City Manager to
execute a letter of agreement with Kasner and Associates for the
collection for Clear Technologies' sales tax adjustment for July
2003-2007. 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.
There being no further business
meeting was adjourned.
ATTEST:
~i~
Libby Ball ity Secretary
1
City Council, the
toyer, Mayor
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