CM 2009-06-09
MINUTES OF JUNE 9,2009
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, June 9, 2009, at 5:30 p.m. in the City Council Chambers of Town
Center, 255 Parkway Boulevard, Coppell, Texas. The following members were
present:
Jayne Peters, Mayor
Karen Hunt, Mayor Pro Tern
Tim Brancheau, Councilmember
Bob Mahalik, Councilmember
Brianna Hinojosa-Flores, Councilmember
Marvin Franklin, Councilmember
Councilmembers Faught and Tunnell were absent. Also present were City
Manager Clay Phillips, City Secretary Libby Ball and City Attorney Robert
Hager.
1. Call to order.
Mayor Peters 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. Discussion regarding Zoning Application # S-
1033R2-SF-12.
2. Discussion regarding property boundaries at Rolling
Oaks/Restland Chapel.
B. Section 551.087, Texas Government Code - Deliberation
regarding Economic Development Negotiations.
1. ED Prospects North of Sandy Lake Road and West of
SH 121.
Mayor Peters convened into Executive Session at 5:50 p.m. Mayor Peters
adjourned the Executive Session at 6:56 p.m. and reopened the Regular
Session.
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(Open to the Public)
WORK SESSION
3. Convene Work Session
A. Discussion regarding Board/Commission Appointment
Schedule.
B. Discussion regarding appointments to Council
Committees.
C. Discussion of Agenda Items.
Council did not convene into Work Session during this meeting.
REGULAR SESSION
(Open to the Public)
4. Convene Regular Session.
5. Invocation.
Pastor Phil Geleske of Rejoice Luthern Church led those present in the
Invocation.
6. Pledge of Allegiance.
Mayor Peters led those present in the Pledge of Allegiance.
7. Citizens' Appearances.
Mayor Peters advised no one signed up to speak.
CONSENT AGENDA
8. Consider approval of the following consent agenda items:
A. Consider approval of minutes: May 26, 2009.
B. Consider approval of a 12-month extension to the
expiration date of July 7, 2009 for the Freeport Parkway
ROW Dedication Final Plat, to provide the required right-
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of-way for the extension of Freeport Parkway, north of
Sandy Lake Road to S.H. 121.
C. Consider approval of an Ordinance for Case No. PD-240-
HC, North Gateway Center, zoning change from HC
(Highway Commercial) to PD-240-HC (Planned
Development-240-Highway Commercial), to establish a
Concept Plan for a nine-lot commercial development on
12.362 acres of property located at the northwest corner
of S.H. 121 and Denton Tap Road and authorizing the
Mayor to sign.
D. Consider approval of an Ordinance for Case No. PD-
240R2-HC, North Gateway Center, Lot 9, Block A, zoning
change from PD-240-HC (Planned Development-240-
Highway Commercial) to PD-240R2-HC (Planned
Development-240 Revision 2-Highway Commercial), to
attach a Detail Site Plan to allow the development of a
8,100-square-foot structure with professional/ medical
office and personal service uses, on 1.624 acres of
property located at the northwest corner of S.H. 121 and
Denton Tap Road and authorizing the Mayor to sign.
E. Consider approval of an Ordinance for Case No. PD-240R-
HC, North Gateway Center, Lot 5, Block A (Rosa's Cafe),
zoning change from PD-240-HC (Planned Development-
240-Highway Commercial) to PD-240R-HC (Planned
Development-240 Revised-Highway Commercial), to
attach a Detail Site Plan to allow the development of a
6,468-square-foot restaurant with a drive-thru on 2.067
acres of property located at the northwest corner of S.H.
121 and Denton Tap Road and authorizing the Mayor to
sign.
F. Consider approval of an Ordinance for Case No. S-1110R3-
HC, Verizon Wireless, zoning change request from S-
1110R2-HC (Special Use Permit-lll0 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
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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. and
authorizing the Mayor to sign.
Action:
Councilmember Franklin moved to approve Consent Agenda Items A, B,
C carrying Ordinance No. 91500-A-524, D carrying Ordinance No.
91500-A-525, E carrying Ordinance No. 91500-A-526 and F carrying
Ordinance No. 91500-A-527. Councilmember Brancheau seconded the
motion; the motion carried 5-0 with Mayor Pro Tern Hunt and
Councilmembers Brancheau, Mahalik, Hinojosa-Flores and Franklin
voting in favor of the motion.
9. Consider approval of a professional service contract for audit
services for the Fiscal Year 2009, Fiscal Year 2010, Fiscal Year
2011 and authorizing the City Manager to sign.
Presentation:
Jennifer Miller, Director of Finance, made a presentation to the Council.
Action:
Mayor Pro Tern Hunt moved to approve a professional service contract for
audit services for the Fiscal Year 2009, Fiscal Year 2010, Fiscal Year
2011 and authorizing the City Manager to sign. Councilmember
Hinojosa-Flores seconded the motion; the motion carried 5-0 with Mayor
Pro Tern Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-
Flores and Franklin voting in favor of the motion.
10. PUBLIC HEARING:
Consider approval of Case No. PD 163R5-SF-9, Windsor Estates,
Lot 17 Block A, a zoning change request from PD-163R2-SF-9
(Planned Development-163 Revision 2-Single Family-9) to PD-
163R5-SF-9 (Planned Development-163 Revision 5-Single
Family-9) to allow stucco finish in lieu of the 800/0 masonry
requirement on Lot 17, Block A located at 917 Deforest Road.
Presentation:
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Gary Sieb, Director of Planning, made a presentation to the Council.
Megan Lozano, 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. PD 163R5-SF-9, Windsor Estates, Lot 17 Block A, a zoning
change request from PD-163R2-SF-9 (Planned Development-163
Revision 2-Single Family-9) to PD-163R5-SF-9 (Planned Development-
163 Revision 5-Single Family-9) to allow stucco finish in lieu of the 80%
masonry requirement on Lot 17, Block A located at 917 Deforest Road
subject to the following conditions:
1) Plans are approved by the Architectural Review Committee of the
Homeowner's Association of Windsor Estates.
Councilmember Brancheau seconded the motion; the motion carried 5-0
with Mayor Pro Tern Hunt and Councilmembers Brancheau, Mahalik,
Hinojosa-Flores and Franklin voting in favor of the motion.
11. Consider approval of a Resolution repealing Resolution No.
2008-1209.3 in its entirety and revoking the terms and
conditions of the tax abatement agreement by and between the
City of Coppell, Texas and Cargill, Inc.; 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.
2009-0609.1 repealing Resolution No. 2008-1209.3 in its entirety and
revoking the terms and conditions of the tax abatement agreement by
and between the City of Coppell, Texas and Cargill, Inc.; and authorizing
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the Mayor to sign. Mayor Pro Tern Hunt seconded the motion; the motion
carried 5-0 with Mayor Pro Tern Hunt and Councilmembers Brancheau,
Mahalik, Hinojosa-Flores and Franklin voting in favor of the motion.
12. Consider approval of a Resolution repealing Resolution No.
2008-1209.2 in its entirety and revoking the terms and
conditions of the tax abatement agreement by and between the
City of Coppell, Texas and KTR Coppell, Texas and KTR
Coppell, LLC; 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.
2009-0609.2 repealing Resolution No. 2008-1209.2 in its entirety and
revoking the terms and conditions of the tax abatement agreement by
and between the City of Coppell, Texas and KTR Coppell, Texas and KTR
Coppell, LLC; and authorizing the Mayor to sign. Mayor Pro Tern Hunt
seconded the motion; the motion carried 5-0 with Mayor Pro Tern Hunt
and Councilmembers Brancheau, Mahalik, Hinojosa-Flores and Franklin
voting in favor of the motion.
13. Consider approval of a Resolution approving a letter of support
for the creation of a Foreign Trade Zone to be located at 850
Freeport Parkway in Coppell, Texas, and authorizing the Mayor
to sign.
Presentation:
Mindi Hurley, Economic Development Coordinator, made a presentation
to the Council.
Action:
Councilmember Franklin moved to approve Resolution No.
2009-0609.3 approving a letter of support for the creation of a Foreign
Trade Zone to be located at 850 Freeport Parkway in Coppell, Texas, and
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authorizing the Mayor to sign. Councilmember Mahalik seconded the
motion; the motion carried 5-0 with Mayor Pro Tern Hunt and
Councilmembers Brancheau, Mahalik, Hinojosa-Flores and Franklin
voting in favor of the motion.
14. Consider approval of awarding bid No. Q-0508-01 from Sports
Field Solutions, in the amount of $258,932.51, for infield
surface development of Wagon Wheel Park baseball fields #5, &
#6, and additional sub-surface drainage to baseball field # 1, to
include early completion bonus fees in the total amount of
$9,000.00, and authorizing the CRDC President and City
Manager to sign the necessary documents.
Presentation:
Brad Reid, Director of Parks and Recreation, made a presentation to the
Council.
Action:
Councilmember Mahalik moved to approve bid No. Q-0508-0 1 from
Sports Field Solutions, in the amount of $258,932.51, for infield surface
development of Wagon Wheel Park baseball fields #5, & #6, and
additional sub-surface drainage to baseball field #1, to include early
completion bonus fees in the total amount of $9,000.00, and authorizing
the CRDC President and City Manager to sign the necessary documents.
Mayor Pro Tern Hunt seconded the motion; the motion carried 5-0 with
Mayor Pro Tern Hunt and Councilmembers Brancheau, Mahalik,
Hinojosa-Flores and Franklin voting in favor of the motion.
15. Consider approval to award Bid #Q-0509-02 in the amount of
$1,406,827.79 to JRJ Paving, Inc. for the reconstruction and
widening of South Coppell Road between Bethel Road and
Southwestern Boulevard, Project #ST 07-02; and authorizing
the City Manager to sign and execute any necessary
documents.
Presentation:
Keith Marvin, Project Engineer, made a presentation to the Council.
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Action:
Councilmember Mahalik moved to approve Bid #Q-0509-02 in the
amount of $1,406,827.79 to JRJ Paving, Inc. for the reconstruction and
widening of South Coppell Road between Bethel Road and Southwestern
Boulevard, Project #ST 07-02; and authorizing the City Manager to sign
and execute any necessary documents. Councilmember Franklin
seconded the motion; the motion carried 5-0 with Mayor Pro Tern Hunt
and Councilmembers Brancheau, Mahalik, Hinojosa-Flores and Franklin
voting in favor of the motion.
16. Consider approval of a Resolution to close Bethel Road from
Armstrong Boulevard to Penfolds Lane for a period of up to five
months from the beginning of work on replacement of the
Grapevine Creek bridge; providing for a penalty for road
closure beyond five months; providing for a variable bonus
award for bridge completion and road re-opening in less than
five months; and authorizing the Mayor to sign and execute
any necessary documents.
Presentation:
Keith Marvin, Project Engineer, made a presentation to the Council.
Action:
Councilmember Hinojosa-Flores moved to approve Resolution No.
2009-0609.4 to close Bethel Road from Armstrong Boulevard to Penfolds
Lane for a period of up to five months from the beginning of work on
replacement of the Grapevine Creek bridge; providing for a penalty for
road closure beyond five months; providing for a variable bonus award
for bridge completion and road re-opening in less than five months; and
authorizing the Mayor to sign and execute any necessary documents.
Mayor Pro Tern Hunt seconded the motion; the motion carried 5-0 with
Mayor Pro Tern Hunt and Councilmembers Brancheau, Mahalik,
Hinojosa-Flores and Franklin voting in favor of the motion.
17. Consider approval of a Resolution authorizing the City
Engineer, in conjunction with the Contractor, to close Kimbel
Kourt to through traffic from 100' north of Sandy Lake Road to
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Village Parkway, to facilitate reconstruction of the roadway,
from the effective date until September 30, 2009; and
authorizing the Mayor to sign and execute the necessary
documents.
Presentation:
Keith Marvin, Project Engineer, made a presentation to the Council.
Action:
Councilmember Franklin moved to approve Resolution No.
2009-0609.5 authorizing the City Engineer, in conjunction with the
Contractor, to close Kimbel Kourt to through traffic from 100' north of
Sandy Lake Road to Village Parkway, to facilitate reconstruction of the
roadway, from the effective date until September 30, 2009; and
authorizing the Mayor to sign and execute the necessary documents.
Councilmember Mahalik seconded the motion; the motion carried 5-0
with Mayor Pro Tern Hunt and Councilmembers Brancheau, Mahalik,
Hinojosa-Flores and Franklin voting in favor of the motion.
18. Consider approval of an Ordinance amending the Code of
Ordinances by amending Article 1-10, "Rules, Times and
Procedures for Conducting City Council Meetings," Section 1-
10-4, "Types of Meetings," Subsection 1-10-4.1, "Regular
Meetings," to provide that the Open Session of Regular
Scheduled Meetings of the City Council begin at 7:30 p.m.; and
authorizing the Mayor to sign.
Action:
Councilmember Mahalik moved to approve Ordinance No. 2009-1230
amending the Code of Ordinances by amending Article 1-10, "Rules,
Times and Procedures for Conducting City Council Meetings," Section
1-10-4, "Types of Meetings," Subsection 1-10-4.1, "Regular Meetings," to
provide that the Open Session of Regular Scheduled Meetings of the City
Council begin at 7:30 p.m.; and authorizing the Mayor to sign.
Councilmember Brancheau seconded the motion; the motion carried 5-0
with Mayor Pro Tern Hunt and Councilmembers Brancheau, Mahalik,
Hinojosa-Flores and Franklin voting in favor of the motion.
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19. Consider appointments to Council Committees.
Presentation:
Mayor Peters read a slate of the proposed appointments as follows:
C/FBISD/LISD Liaison - Councilmember Tunnell
CISD Liaison - Councilmembers Hinojosa - Flores and Mahalik
Coppell Seniors - Councilmembers Brancheau and Faught
Dallas Regional Mobility Coalition - Mayor Peters and Mayor Pro Tern Hunt
International Council for Local Environmental
Initiatives - Councilmember Brancheau
Metrocrest Hospital Authority - Councilmember Tunnell
Metrocrest Medical Services - Councilmember Hinojosa-Flores
Metrocrest Medical Foundation - Councilmember Mahalik
Metrocrest Social Service Center - Councilmember Franklin
North Dallas Chamber - Mayor Pro Tern Hunt
North Texas Council of Governments - Councilmember Tunnell
NCTCOG-Regional Emergency Management
Planning Council - Councilmember Faught
North Texas Commission - Mayor Pro Tern Hunt
Senior Adult Services - Councilmember Franklin
Action:
Mayor Pro Tern Hunt moved to approve the appointments.
Councilmember Brancheau seconded the motion; the motion carried 5-0
with Mayor Pro Tern Hunt and Councilmembers Brancheau, Mahalik,
Hinojosa-Flores and Franklin voting in favor of the motion.
20. City Manager's Report.
A. Project Update and Future Agendas.
A. City Manager Clay Phillips reported a Special City Council
meeting is scheduled for June 16 at 7:00 p.m. to hear the Red
Hawk and Manara cases. These are the only two items on the
agenda for that evening. The regularly scheduled City
Council meetings beginning in July will start at 7:30 p.m.
The July 14 City Council meeting will have the Code
Enforcement Summit item on the agenda. Also, discussion
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will be needed regarding policies for public use of the new
Senior Center / Community Center.
Finally, the work plan from the Planning Retreat will be
brought to Council in late July with time for review before the
next fiscal year.
21. Mayor and Council Reports.
A. Report by Mayor Peters regarding Fourth of July
Fireworks on July 3rd, 7 p.m. - 10 p.m. at Andy Brown
East.
B. Report by Mayor Peters regarding Fourth of July Parade
on July 4th, 10 a.m. from St. Ann's to Town Center.
C. Report by Mayor Peters regarding the reopening of
Coppell Road.
D. Report by Mayor Peters regarding the Metroplex Mayors'
Meeting.
A. Mayor Peters announced the July Fourth Celebration will be held
on July 3rd at Andy Brown East from 7-10 p.m. This is the 3rd year
the City will be providing the fireworks display. As a result, she
also reminded everyone that Moore Road will be closed for the
fireworks display setup. Mayor Peters invited everyone to bring a
picnic basket or to purchase food from the numerous vendors.
Brave Combo will be performing.
B. Mayor Peters also announced the Fourth of July Parade will be
held on Saturday, July 4th beginning at Samuel Blvd. and ending
at Town Center.
C. On June 6th Coppell Road reopened. Mayor Peters gave a special
thanks to the Engineering Department for their efforts, as well as
to all the staff and parents of Wilson Elementary, the neighboring
businesses and citizens for all their patience.
D. Finally, Mayor Peters reported on the Metroplex Mayors' Meeting.
The City of Garland presented on their Code Compliance
turnaround and how they were able to turn a negative situation
into a positive situation for the city, its residents and business
owners.
22. Necessary action resulting from Work Session.
There was no action necessary under this item.
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23. Necessary Action Resulting from Executive Session.
Presentation:
Mayor Pro Tern Hunt moved to terminate a lease by and between S.E.
Funeral Home of Coppell Texas d/b/a Restland Funeral Home - Coppell
Chapel and the City of Coppell for approximately 3.9661 acres of land;
and, to approve a sale of real estate for approximately 3.9661 acres of
land at Ruby and Freeport to S.E. Funeral Home Coppell to own and
operate a funeral and mortuary for a 30 year term with a right of revert
for the total sales price in the amount of $1.5 million payable under
terms; to provide for a deed of trust; provide for a special warranty deed
for a 30 year estate of land with the right of revert; to provide for a lease
back of office space to the City of Coppell to operate a sales office and
authorize the Mayor to sign the conveyance and the City Manager to
execute the agreement and other relevant documents.
Councilmember Franklin seconded the motion; the motion carried 5-0
with Mayor Pro Tern Hunt and Councilmembers Brancheau, Mahalik,
Hinojosa-Flores and Franklin voting in favor of the motion.
There being no further business to come before the City Council, the
meeting was adjoumed.
~lpu-11ar5
. yne Peters, Mayor
ATTEST:
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