CM 2010-02-09MINUTES OF FEBRUARY 9, 2010
The City Council of the City of Coppell met in Regular Called Session on Tuesday,
February 9, 2010, 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 Tem
Tim Brancheau, Councilmember
Bob Mahalik, Councilmember
Brianna Hinojosa- Flores, Councilmember
Marsha Tunnell, Councilmember (late arrival)
Billy Faught, Councilmember
Marvin Franklin, Councilmember (late arrival)
Also present were City Manager Clay Phillips, City Secretary Libby Ball and City
Attorney David Dodd.
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 551.072, Texas Government Code - Deliberation
regarding Real Property.
1. Discussion regarding Northlake Property.
B. Section 551.087, Texas Government Code - Economic
Development Negotiations.
1. ED Prospect west of Beltline and north of Dividend.
2. ED Prospect west of South Coppell Road and south of
Bethel.
Councilmembers Franklin and Tunnell arrived prior to convening Executive
Session.
Mayor Peters convened into Executive Session at 5:46 p.m. Mayor Peters
adjourned the Executive Session at 6:53 p.m. and opened Work Session.
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WORK SESSION
(Open to the Public)
3. Convene Work Session
A. Discussion regarding Small Wind Energy Systems.
B. Council Goals and Objectives Update.
C. Discussion of Agenda Items.
REGULAR SESSION
4. Convene Regular Session.
(Open to the Public)
5. Invocation.
Pastor Jason Graves of Riverside Church of Christ 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: January 26, 2010.
B. Consider approval of Bid # Q- 0110 -01 to BMW Motorcycles
of Fort Worth for the purchase of three (3) BMW
motorcycles at a total cost of $62,743.20, as approved in
the FY 09/10 budget, for use by the Coppell Police Traffic
Division; and authorizing the City Manager to sign the
necessary documents.
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Action:
Councilmember Tunnell moved to approve Consent Agenda Items A and B.
Councilmember Mahalik seconded the motion; the motion carried 7 -0 with
Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-
Flores, Tunnell, Faught and Franklin voting in favor of the motion.
9. PUBLIC HEARING
Consider approval of an ordinance of the City of Coppell, Texas,
readopting, ratifying, republishing and extending Ordinance No.
2003 -1030, providing for curfew hours for minors in the City of
Coppell, Texas, for a period of three (3) years; and authorizing
the Mayor to sign.
Presentation:
Roy Osborne, Chief of Police, made a presentation to Council.
Public Hearing:
Mayor Peters opened the Public Hearing and advised no one signed up to
speak.
Action:
Councilmember Tunnell moved to close the Public Hearing and approve
Ordinance No. 2010 -1247 readopting, ratifying, republishing and extending
Ordinance No. 2003 -1030, providing for curfew hours for minors in the City
of Coppell, Texas, for a period of three (3) years; and authorizing the Mayor
to sign. Councilmember Hinojosa - Flores seconded the motion; the motion
carried 7 -0 with Mayor Pro Tem Hunt and Councilmembers Brancheau,
Mahalik, Hinojosa- Flores, Tunnell, Faught and Franklin voting in favor of
the motion.
10. PUBLIC HEARING
Consider approval of Case No. S- 1250 -PD- 228 -HC, Subway, a
zoning change request from PD- 228 -HC (Planned Development -
228- Highway Commercial) to S- 1250 -PD- 228 -HC (Special Use
Permit - 1250 - Planned Development- 228 - Highway Commercial), to
allow a 1,805- square -foot restaurant with drive -thru, to be
located at 760 N. Denton Tap Road, Suite #100.
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Presentation:
Matt Steer, Planner, made a presentation to Council.
Tom Chapman, Applicant, addressed 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- 1250 -PD- 228 -HC, Subway, a zoning change request from PD-
228-HC (Planned Development- 228 - Highway Commercial) to S- 1250 -PD-
228-HC (Special Use Permit -1250- Planned Development- 228 - Highway
Commercial), to allow a 1,805- square -foot restaurant with drive -thru, to be
located at 760 N. Denton Tap Road, Suite #100, subject to the following
conditions:
1) The development shall be in accordance with the Floor Plan, Site
Plan, Elevations, Sign Plan, Menu Board Plan, and Vehicular Control
Plan; and
2) The hours of operation shall not exceed 6:30 a.m. to 10 p.m., seven
days a week.
Councilmember Brancheau seconded the motion; the motion carried 7 -0
with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik,
Hinojosa- Flores, Tunnell, Faught and Franklin voting in favor of the
motion.
11. PUBLIC HEARING
Consider approval of Case No. S- 1033R3- SF -12, Manara Academy,
a zoning change request from S- 1033R2 -SF -12 (Special Use
Permit -1033 Revision 2- Single Family -12) to S- 1033R3 -SF -12
(Special Use Permit -1033 Revision 3- Single Family -12), to allow a
Charter School for Grades K -8, with a enrollment capacity of
500, to continue to occupy this building through the 2014 school
year, on 4.85 acres of property located at 140 S. Heartz Road.
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Presentation:
Marcie Diamond, Assistant Director of Planning, made a presentation to
Council.
Larry Best, representing the property owner, addressed Council.
Sadak Shaik, applicant, addressed Council.
Public Hearing:
Mayor Peters opened the Public Hearing and advised the following signed
up to speak:
1) Andy Hebert, 142 London Way, spoke against the proposal;
2) Wes Mays, 114 London Way, spoke against the proposal; and
3) Patricia Powell, 150 London Way, spoke against the proposal.
Action:
Councilmember Tunnell moved to close the Public Hearing and approve
Case No. S- 1033R3-SF- 12, Manara Academy, a zoning change request from
S- 1033R2 -SF -12 (Special Use Permit -1033 Revision 2- Single Family -12) to
S- 1033R3 -SF -12 (Special Use Permit -1033 Revision 3- Single Family -12), to
allow a Charter School for Grades K -8, with a enrollment capacity of 500, to
continue to occupy this building through the 2014 school year, on 4.85
acres of property located at 140 S. Heartz Road, subject to the following
conditions:
1) This charter school shall be licensed and maintained in accordance
with state law and may provide instruction for Kindergarten through
Eighth (8th) grade;
2) The student enrollment capacity under this Special Use Permit shall
not exceed five hundred (500) students;
3) Religious services and related activities shall be permitted to remain
as an ancillary use;
4) This Special Use Permit shall expire on June 30, 2014; and
5) Screening gates to be installed on dumpster.
Councilmember Faught seconded the motion; the motion carried 6 -1 with
Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-
Flores, Tunnell, and Faught voting in favor of the motion and
Councilmember Franklin voting against the motion.
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12. PUBLIC HEARING
Consider approval of an application by Chesapeake Energy to
expand the current pad site from 2.152 acres to 3.013 acres to
allow the drilling and operation of up to four (4) additional gas
wells on the site located north of Bethel Road, west of Creekview
Drive, known as the Fellowship Property.
Presentation:
Marcie Diamond, Assistant Director of Planning, made a presentation to
Council.
Mercedes Bolen, representing the applicant, addressed Council.
Public Hearing:
Mayor Peters opened the Public Hearing and advised no one signed up to
speak.
Action:
Councilmember Faught moved to close the Public Hearing and approve the
application by Chesapeake Energy to expand the current pad site from
2.152 acres to 3.013 acres to allow the drilling and operation of up to four
(4) additional gas wells on the site located north of Bethel Road, west of
Creekview Drive, known as the Fellowship Property, subject to the following
conditions:
1) Issuance of separate permits by the city of Coppell prior to the
drilling activities of additional wells on this site;
2) The Erosion Control Plan for the site needs to be revisited. All erosion
protection needs to be in compliance with the Erosion Control Plan
and city ordinances. Operators shall clean any debris or dirt tracked
onto city streets;
3) A Tree Removal permit will be required and a contribution to the City
of Coppell Reforestation and Natural Areas Fund in the amount of
$78,700.00 will be assessed;
4) Staff administratively reviewing and approving the final elevations of
the screening wall prior to construction;
5) The construction of the west and north walls along the perimeter of
the site being delayed until all drilling activities are complete, or
December 2011, which ever occurs first;
6) If Fellowship Church removes trees from the abutting property, then
the Tree Removal Permit would be conditioned upon planting a
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minimum of 33 replacement trees adjacent to this pad site as
originally required; and
7) Third parties observation of testing by TCEQ as recommended by the
City Manager and the Oil and Gas Consultant.
Mayor Pro Tem Hunt seconded the motion; the motion carried 6 -1 with
Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-
Flores, Faught and Franklin voting in favor of the motion and
Councilmember Tunnell voting against the motion.
13. PUBLIC HEARING
Consider approval of text amendments to the Code of Ordinances
- Chapter 12- Zoning, to add Section 12 -32B, "Small Wind Energy
Systems ", to establish regulations for small scale wind turbines
within the City of Coppell and to amend Section 12 -30 to permit
this use by Special Use Permit.
Public Hearing:
Mayor Peters opened the Public Hearing.
Action:
Councilmember Tunnell moved to continue the Public Hearing to
February 23, 2010. Mayor Pro Tem Hunt seconded the motion; the motion
carried 7 -0 with Mayor Pro Tem Hunt and Councilmembers Brancheau,
Mahalik, Hinojosa- Flores, Tunnell, Faught and Franklin voting in favor of
the motion.
14. Consider approval of an Ordinance for Case No. PD- 245 -R, Barnes
at Riverview, a zoning change request from R (Retail) to PD -245-
R(Planned Development- 245 - Retail) to attach a Detail Site Plan
allowing two office/ medical office /retail buildings (totaling
9,175 square feet) with a 300 - square -foot restaurant, on
approximately one acre of property located at the southeast
corner of Sandy Lake Road and Riverview Drive and authorizing
the Mayor to sign.
Presentation:
Matt Steer, Planner, made a presentation to Council.
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Action:
Mayor Pro Tem Hunt moved to approve Ordinance No. 91500 -A -541 for
Case No. PD- 245 -R, Barnes at Riverview, a zoning change request from R
(Retail) to PD- 245- R(Planned Development- 245 - Retail) to attach a Detail
Site Plan allowing two office/ medical office /retail buildings (totaling 9,175
square feet) with a 300 - square -foot restaurant, on approximately one acre
of property located at the southeast corner of Sandy Lake Road and
Riverview Drive and authorizing the Mayor to sign. Councilmember Mahalik
seconded the motion; the motion carried 6 -1 with Mayor Pro Tem Hunt and
Councilmembers Brancheau, Mahalik, Hinojosa- Flores, Faught and
Franklin voting in favor of the motion and Councilmember Tunnell voting
against the motion.
15. Consider approval of an Agreement with Freese and Nichols, Inc.
for the design of improvements to Old Town Coppell /Main Street
Infrastructure including mass grading, paving, drainage and
utilities of the site in the amount of $207,100 and authorizing
the Mayor to sign.
Presentation:
Ken Griffin, Director of Engineering, made a presentation to Council.
Action:
Councilmember Tunnell moved to approve an Agreement with Freese and
Nichols, Inc. for the design of improvements to Old Town Coppell
Infrastructure including mass grading, paving, drainage and utilities of the
site in the amount of $207,100 and authorizing the Mayor to sign.
Councilmember Brancheau seconded the motion; the motion carried 7 -0
with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik,
Hinojosa - Flores, Tunnell, Faught and Franklin voting in favor of the
motion.
16. City Manager's Report.
A. Project Update and Future Agendas.
A. City Manager Clay Phillips reported that a Joint Meeting between City
Council, Park Board and the Library Board will be held in April.
Items for discussion will include the space needs analysis for the
Library and the Park Master Plan. City Manager Phillips mentioned
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the occupancy of the Senior Center is a few weeks away. The first
event after the Grand Opening will be specifically for the seniors and
their patience with this project. Mr. Phillips also requested
information from Ken Griffin, Director of Engineering, regarding the
reconstruction of the intersection at Sandy Lake and Denton Tap.
The project will be timed for the summer in an effort to eliminate
additional troubles for the regular flow of traffic during the school
year. Finally, Mr. Phillips reported the next meeting will discuss the
Kirkland House Update, the DFW Development Update, the Trail
Master Plan adoption and Wind Turbines. A Town Hall will be hosted
on March 2nd regarding the continuation of the Northlake Project.
17. Mayor and Council Reports.
A. Report by Mayor Peters regarding the Metroplex Mayors'
Meeting.
A. Mayor Peters, City Manager Clay Phillips and Deputy City Manager
Mario Canizares attended the Metroplex Mayors' Meeting. The
keynote speaker was Mike Eastland, Executive Director of NCTCOG.
Mr. Eastland spoke of the regional focuses for next year with the
upcoming Super Bowl 45. He spoke of the challenges the region
faces with air quality and the need for transportation funding. Mayor
Peters also mentioned that Dan Petty, President of the North Texas
Commission, announced he will be stepping down, but will remain an
advisor during 2011 for the Super Bowl preparation.
18. Public Service Announcements concerning items of community
interest and no Council action or deliberation is permitted.
Nothing to report.
19. Necessary action resulting from Executive Session.
There was no action necessary under this item.
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There being no further business to come before the City Council, the
meeting was adjourned.
< - -�-- P, t' � -
J e Oeters, Mayor
ATTEST:
C � X "1-,4 &&
Libby B4, City Secretary
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