CM 2009-05-12
MINUTES OF MAY 12,2009
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, May 12, 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 Tern
Tim Brancheau, Councilmember
Jayne Peters, Councilmember
Brianna Hinojosa-Flores, Councilmember (late arrival)
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Karen Hunt, Councilmember (late arrival)
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 Work Session.
Councilmembers Hunt and Hinojosa-Flores arrived before convening into
Work Session.
(Open to the Public)
WORK SESSION
2. Convene Work Session
A. Discussion regarding Mayor Pro Tern.
B. Discussion regarding 121 Sound Walls.
C. Discussion of Agenda Items.
A RECEPTION WAS HELD FROM 6:00 P.M. TO 7:00 P.M. TO HONOR
OUTGOING MAYOR DOUG STOVER.
REGULAR SESSION
(Open to the Public)
3. Convene Regular Session.
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4. Invocation.
Monsignor Duesman of St. Ann Catholic Church led those present in the
Invocation.
5. Pledge of Allegiance.
Mayor Stover led those present in the Pledge of Allegiance.
6. Discuss and consider approval of finding of facts and
conclusions in the Mira Mar appeal and authorizing the Mayor
to sign.
Robert Hager, City Attorney, read the finding of facts and conclusions for
the record.
Action:
Councilmember Peters moved to approve finding of facts and conclusions
in the Mira Mar appeal and authorized the Mayor to sign. Mayor Pro
Tern Franklin 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.
7. Canvass returns of the May 9, 2009 General Municipal
Election, approval of an order declaring the results of said
election; and authorizing the Mayor to sign.
Robert Hager, City Attorney, read the Canvass of returns of the May 9,
2009 General Municipal Election.
Mavor
Total
Jayne Peters
1404
Place 2
Total
Bob Mahalik
Bren t Wooten
944
608
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Place 4
Total
Marsha Tunnell
1287
Place 6
Total
Marvin Franklin
1272
Action:
Councilmember Tunnell moved to approve the canvass returns of the
May 9,2009 General Municipal Election, approved Resolution No.
2009-0512.1 declaring the results of said election; and authorizing the
Mayor to sign. Councilmember Hinojosa-Flores 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.
8. Swearing in of Mayor and Councilmembers Place 2, 4 & 6.
Judge Moseley swore in Jayne Peters as Mayor, Bob Mahalik as
Councilmember Place 2, Marsha Tunnell as Councilmember Place 4 and
Marvin Franklin as Councilmember Place 6.
At this time, Mayor Peters presided over the meeting.
9. Presentation and remarks regarding former Mayor Douglas N.
Stover.
Presentation:
Presentations to Doug Stover were made by Senator Harris' Office,
Congressman Marchant's Office; Cindy Warner, Steve Orr and Susie
Kemp presented a gift from the CISD, and Mayor Peters read a
presentation for Representative Jackson's Office and a proclamation from
the City of Coppell.
Action:
Councilmember Tunnell moved to approve a city proclamation in honor
of Doug Stover and authorizing the Mayor to sign. Councilmember
Brancheau seconded the motion; the motion carried 7-0 with Mayor
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Pro Tern Franklin and Councilmembers Brancheau, Mahalik, Hinojosa-
Flores, Tunnell, Faught and Hunt voting in favor of the motion.
10. Consider appointment of Mayor Pro Tern as required by Section
3.05 of the Home Rule Charter.
Action:
Mayor Pro Tern Franklin moved to appoint Karen Hunt as Mayor Pro Tern
as required by Section 3.05 of the Home Rule Charter. Councilmember
Hinojosa-Flores seconded the motion; the motion carried 7-0 with
Councilmembers Brancheau, Mahalik, Hinojosa- Flores, Tunnell, Faught,
Franklin and Hunt voting in favor of the motion.
At this time, the makeup of Council is as follows:
Jayne Peters, Mayor
Karen Hunt, Mayor Pro Tern
Tim Brancheau, Councilmember
Bob Mahalik, Councilmember
Brianna Hinojosa-Flores, Councilmember
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Marvin Franklin, Councilmember
11. Consider approval of a proclamation naming the month of May
2009 as Older Americans Month; and authorizing the Mayor to
sign.
Mayor Peters read the proclamation and presented the same to Esther
Moreno, Parks & Recreation Manager, Greg Gerendis, Executive Director
of Senior Adult Services and Mary Harris, Caseworker for Senior Adult
Services.
Action:
Councilmember Faught moved to approve a proclamation naming the
month of May 2009 as Older Americans Month; and authorizing the
Mayor to sign. Councilmember Franklin seconded the motion; the
motion carried 7-0 with Mayor Pro Tern Hunt and Councilmembers
Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin
voting in favor of the motion.
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12. Citizens' Appearances.
Mayor Peters advised no one signed up to speak.
CONSENT AGENDA
13. Consider approval of the following consent agenda items:
A. Consider approval of minutes: April 28, 2009.
B. Consider approval of an Ordinance of the City of Coppell,
Texas, amending Chapter 3, Section 3-1-12 of the Code of
Ordinances by amending the daily Water Conservation
and Drought Contingency Plan; providing a savings
clause; providing a severability clause; providing a
penalty of fine not to exceed the sum of two hundred
dollars ($200.00) for each offense; and providing an
effective date, and authorizing the Mayor to sign and
execute any necessary documents.
C. Consider approval of an Ordinance for Case. No. PD-
162R2-MF-2, Gunner Subdivision, Lot lR, Block A, zoning
change from PD-162R-MF-2 (Planned Development-162-
Revised-Multi-family-2) to PD-162R2-MF-2 (Planned
Development-162- Revision 2-Multi-family-2), to allow
the relocation of a previously approved 1,656-square-foot
six-car garage and storage area on 20.965 acres of
property located 1717 Belt Line Road and authorizing the
Mayor to sign.
D. Consider approval of an Ordinance for Case No. S-1241R-
C, Fat Daddy's Burger House, zoning change from S-1241-
C (Special Use Permit-1241-Commercial) to S-1241R-C
(Special Use Permit-1241 Revised-Commercial), to allow a
560-square-foot cover over the existing outdoor patio
area serving the existing 3,580-square-foot restaurant
located at 215 S. Denton Tap Road, Suite 100, and
authorizing the Mayor to sign.
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Action:
Councilmember Tunnell moved to approve Consent Agenda Items A, B
carrymg Ordinance No. 2009-1229, C carrying Ordinance No.
91500-A-521 and D carrying Ordinance No. 91500-A-522.
Councilmember Mahalik seconded the motion; the motion carried 7-0
with Mayor Pro Tern Hunt and Councilmembers Brancheau, Mahalik,
Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the
motion.
14. Consider approval of awarding Bid #Q-0409-01 "Reinforced
Concrete Pavement Repairs" to Procon Paving and
Construction in the amount of $318,959.95, as budgeted in the
IMF; and authorizing the City Manager to sign and execute any
necessary documents.
Presentation:
Ken Griffin, Director of Engineering & Public Works, made a presentation
to Council.
Action:
Councilmember Tunnell moved to approve awarding Bid #Q-0409-0 1
"Reinforced Concrete Pavement Repairs" to Procon Paving and
Construction in the amount of $318,959.95, as budgeted in the IMF; and
authorizing the City Manager to sign and execute any necessary
documents. Councilmember Faught seconded the motion; the motion
carried 7-0 with Mayor Pro Tern Hunt and Councilmembers Brancheau,
Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of
the motion.
15. PUBLIC HEARING
Consider approval of Case No. S-1110R3-HC, Verizon Wireless,
zoning change request from S-1110R2-HC (Special Use Permit-
1110 Revision 2-Highway Commercial) to S-1110R3-HC
(Special Use Permit-lll0 Revision 3- Highway
Commercial) to allow a replacement and relocation of the
existing equipment and cabinet with a 120-square-foot shelter
to be located approximately 15 feet west of the existing
cabinet on 540 square feet of property located on the south
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side of Fritz Road, approximately 1,260 feet west of Freeport
Parkway.
Presentation:
Gary Sieb, Director of Planning, made a presentation to Council.
Peter Cavanaugh, representing the applicant, addressed the Council.
Public Hearing:
Mayor Peters opened the Public Hearing and advised no one signed
up to speak.
Action:
Councilmember Franklin moved to close the Public Hearing and approve
Case No. S-1110R3-HC, Verizon Wireless, zoning change request from
S-1110R2-HC (Special Use Permit-1110 Revision 2-Highway Commercial)
to S-1110R3-HC (Special Use Permit-1110 Revision 3- Highway
Commercial) to allow a replacement and relocation of the existing
equipment and cabinet with a 120-square-foot shelter to be located
approximately 15 feet west of the existing cabinet on 540 square feet of
property located on the south side of Fritz Road, approximately 1,260
feet west of Freeport Parkway, subject to the following conditions:
1) Submit a letter from the property owner stating their permission to
rezone the property.
2) Include Nellie R. Stevens Holly on the east side of proposed wall.
3) Specify that the color of the AjC will match the paint color of
proposed structure.
Councilmember Brancheau seconded the motion; the motion
carried 7-0 with Mayor Pro Tern Hunt and Councilmembers Brancheau,
Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of
the motion.
16. Consider approval of an Ordinance for Case No. PD-I08RII-SF-
9, The Chateaus of Coppell, a zoning change from PD-I08R9-
SF-9 (Planned Development-l08 Revision 9-Single Family-9) to
PD-I08RII-SF-9 (Planned Development-l08 Revision II-Single
Family-9), to revise the PD conditions to allow up to 10 of the
56 single-family homes to have true stucco exteriors limited to
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earth-tone colors, where no two stucco homes shall be spaced
any closer than every third lot and a Site Plan indicating lots
where stucco homes are prohibited, on 20 acres of property
located at the southwest corner of Bethel and Denton Tap
Roads and authorizing the Mayor to sign.
Presentation:
Gary Sieb, Director of Planning, made a presentation to Council.
Action:
Mayor Pro Tern Hunt moved to approve Ordinance No. 91500-A-523 for
Case No. PD-108R11-SF-9, The Chateaus of Coppell, a zoning change
from PD-1 08R9-SF -9 (Planned Developmen t -108 Revision 9-Single
Family-9) to PD-108R11-SF-9 (Planned Development-108 Revision 11-
Single Family-9), to revise the PD conditions to allow up to 10 of the 56
single-family homes to have true stucco exteriors limited to earth-tone
colors, where no two stucco homes shall be spaced any closer than every
third lot and a Site Plan indicating lots where stucco homes are
prohibited, on 20 acres of property located at the southwest corner of
Bethel and Denton Tap Roads and authorizing the Mayor to sign.
Councilmember Hinojosa-Flores seconded the motion; the motion
carried 5-2 with Mayor Pro Tern Hunt and Councilmembers Brancheau,
Mahalik, Hinojosa-Flores, and Faught voting in favor of the motion, and
Councilmembers Tunnell and Franklin voting against the motion.
17. Mayor and Council Reports.
A. Report by Mayor Peters regarding Metroplex Mayors'
Meeting.
A. Mayor Peters, City Manager Clay Phillips, and Deputy City
Manager Mario Canazares attended the Metroplex Mayors' Meeting
in Addison. The discussion for the meeting was on Water
Conservation, specifically on the development of a hybrid turf and
landscaping solutions.
At this time, Council reconvened into Work Session followed by Executive
Session.
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(Open to the Public)
WORK SESSION
18. Convene Work Session
A. Discussion regarding Boards & Commission schedule.
B. Discussion regarding Council Committees.
EXECUTIVE SESSION
(Closed to the Public)
19. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation
with City Attorney.
1. Discussion regarding the Northlake Settlement.
B. Section 551.087, Texas Government Code - Deliberation
regarding Economic Development Negotiations.
1. ED Prospects west of Denton Tap/Beltline Road.
Mayor Peters convened into Executive Session at 8:50 p.m. Mayor Peters
adjourned the Executive Session at 10:01 p.m. and reopened the Regular
Session.
REGULAR SESSION
(Open to the Public)
20. Necessary action resulting from Work Session.
There was no action necessary under this item.
21. Necessary Action Resulting from Executive Session.
Action:
Councilmember Brancheau moved to authorize the City Manager
to negotiate and execute a retention Chapter 380 economic
development with Clear Technologies not to exceed $25,000.
Councilmember Franklin seconded the motion; the motion
carried 7-0 with Mayor Pro Tern Hunt and Councilmembers
Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and
Franklin voting in favor of the motion.
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There being no further business to come before the City Council, the
meeting was adjourned.
A:l~'lt,G ~~~li~ l~
Jayne Peters, Mayor
ATTEST:
~_
Libby B City Secretary
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