CM 2011-01-11
MINUTES OF JANUARY 11, 2011
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, January 11, 2011, 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
Bob Mahalik, Mayor Pro Tem
Tim Brancheau, Councilmember
Brianna Hinojosa-Flores, Councilmember
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Marvin Franklin, Councilmember
Karen Hunt, Councilmember
Also present were City Manager Clay Phillips, City Secretary Christel Pettinos
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 and Section 551.072 – Deliberation
regarding Real Property.
1.Seek legal advice from the City Attorney concerning
the settlement and land purchases agreements with
the Billingsleys at Northlake.
B.Section 551.071, Texas Government Code - Consultation
with City Attorney.
1. Seek legal advice from the City Attorney concerning
the Settlement Agreement and Mutual Release of
Claims between the City of Coppell and Rick and
Peggy Bureau.
C.Section 551.087, Texas Government Code – Economic
Development Negotiations.
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1. Economic Development prospects south of Sandy
Lake Road and west of Royal Lane.
Mayor Stover convened into Executive Session at 5:40 p.m. 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.Discussion Regarding Building Codes.
B.Presentation and Discussion Regarding Mausoleum Fees.
C.Discussion Regarding the Legislative Agenda.
D.Discussion of NCTCOG Emergency Preparedness
Committee.
E.Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4.Convene Regular Session.
5.Invocation.
Councilmember Marvin Franklin led those present in the Invocation.
6.Pledge of Allegiance.
Mayor Stover led those present in the Pledge of Allegiance.
7.Consider approval of a proclamation naming the month of
January 2011 as School Board Appreciation Month, and
authorizing the Mayor to sign.
Mayor Stover read the proclamation for the record and presented the
same to Cindy Warner and members of the Coppell School Board.
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Action:
Councilmember Hinojosa-Flores moved to approve the proclamation
naming the month of January 2011 as School Board Appreciation
Month, and authorizing the Mayor to sign. Mayor Pro Tem Mahalik
seconded the motion; the motion carried 7-0 with Mayor Pro Tem
Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell,
Faught, Franklin and Hunt voting in favor of the motion.
8.Citizens' Appearances.
Mayor Stover advised that no one signed up to speak.
9.Consider approval of minutes: December 14, 2010.
Action:
Councilmember Tunnell moved to approve the minutes for
December 14, 2010. Councilmember Franklin seconded the motion; the
motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers
Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting
in favor of the motion.
10.PUBLIC HEARING:
Consider approval of Case No. PD-247-LI, Coppell Commerce
Center Addition, Lot 3, Block 4, a zoning change request from
LI (Light Industrial) to PD-247-LI (Planned Development-247-
Light Industrial), to allow site and building modifications on
4.04 acres of land located at 815 S. Coppell Road.
Presentation:
Gary Sieb, Director of Planning, made a presentation to Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that the applicant
requested to pull the item.
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Action:
Councilmember Tunnell moved to close the Public Hearing.
Councilmember Hinojosa-Flores seconded the motion; the motion carried
7-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau,
Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of
the motion.
11.PUBLIC HEARING:
Consider approval of Case No. PD-237R2-HC, Lesley Retail, a
zoning change request from A (Agriculture) to PD-237R2-HC
(Planned Development-237 Revision 2-Highway Commercial),
to attach a Concept Site Plan for hotel, office and retail
development on 28.14 acres of land located at the northeast
corner of Hackberry Drive and South Belt Line Road.
Presentation:
Gary Sieb, Director of Planning, made a presentation to Council.
Todd Jones, representing the applicant, addressed Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that the following
signed up to speak:
1)Henry Billingsley, 1722 Routh Street, Dallas, spoke against the
Concept Plan.
2)Bill Walker, 1722 Routh Street, Dallas, spoke against the Concept
Plan.
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 8:09 p.m. Mayor
Stover adjourned the Executive Session at 8:22 p.m. and opened the
Regular Session.
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REGULAR SESSION (Open to the Public)
At this time, Mayor Stover opened the Public Hearing for Item 12 to be
considered at the same time.
12.PUBLIC HEARING:
Consider approval of Case No. PD-237R3-HC, QuikTrip, a
zoning change request from PD-237R2-HC (Planned
Development-237 Revision 2-Highway Commercial) to PD-
237R3-HC (Planned Development-237 Revision 3-Highway
Commercial), to attach a Detail Site Plan to allow a 4,900-
square-foot convenience store with eight gas pump islands on
2.03 acres of land located at the northeast corner of South Belt
Line Road and the proposed extension of Dividend Drive.
Presentation:
Gary Sieb, Director of Planning, made a presentation to Council.
Jim Billman, applicant, addressed Council.
J.D. Dudley, applicant, answered questions from Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that the following
signed up to speak:
1)Nasim Shakeeb, 101 E. Belt Line Rd., spoke against the item.
2)Jill Hoenig, 411 Woodhurst Dr., spoke in favor of the item.
3)Pamela Spadaro, 439 Woodhurst Dr., spoke in favor of the item.
4)Henry Billingsley, 1722 Routh Street, Dallas, spoke against the item.
5)Lee Tanner, 135 Beaver Run Dr., spoke in favor of the item.
6)Robert Calabro, 116 Hearthwood, spoke in favor of the item.
7)Gene Liese, 458 Cobblestone Trail, spoke in favor of the item.
8)Todd Jones, 314 Fairview Court, spoke in favor of the item.
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Item 11:
Action:
Councilmember Brancheau moved to close the Public Hearing and
approve Case No. PD-237R2-HC, Lesley Retail, a zoning change request
from A (Agriculture) to PD-237R2-HC (Planned Development-237
Revision 2-Highway Commercial), to attach a Concept Site Plan for hotel,
office and retail development on 28.14 acres of land located at the
northeast corner of Hackberry Drive and South Belt Line Road.
Councilmember Faught seconded the motion; the motion failed 7-0 with
Mayor Pro Tem Mahalik and Councilmembers Brancheau,
Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting against the
motion;
And
Item 12:
Action:
Councilmember Hunt moved to continue the Public Hearing to the
January 25, 2011 Council meeting to delineate the conditions for
potential approval of Case No. PD-237R3-HC, QuikTrip, a zoning change
request from PD-237R2-HC (Planned Development-237 Revision
2-Highway Commercial) to PD-237R3-HC (Planned Development-237
Revision 3-Highway Commercial), to attach a Detail Site Plan to allow a
4,900-square-foot convenience store with eight gas pump islands on 2.03
acres of land located at the northeast corner of South Belt Line Road and
the proposed extension of Dividend Drive.Councilmember
Hinojosa-Flores seconded the motion; the motion carried 4-3 with
Councilmembers Brancheau, Hinojosa-Flores, Franklin and Hunt voting
in favor of the motion and Mayor Pro Tem Mahalik and Councilmembers
Tunnell and Faught voting against the motion.
13.Consider approval of an Ordinance for Case No. PD-248-SF-18
(CH) Carter Estates, for a zoning change from SF-12 (Single
Family-12) and A (Agriculture) to PD-248-SF-18 (Planned
Development 248-Single Family-18), to establish zoning which
is reflective of the existing development and lotting patterns
within this 38 acres of property generally located south of
Bethel School Road, west of Moore Road and north of Belt Line
Road (DART ROW) and authorizing the Mayor to sign.
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Presentation:
Gary Sieb, Director of Planning, made a presentation to Council.
Action:
Councilmember Tunnell moved to approve Ordinance No. 91500-A-558
for Case No. PD-248-SF-18 (CH) Carter Estates, for a zoning change from
SF-12 (Single Family-12) and A (Agriculture) to PD-248-SF-18 (Planned
Development 248-Single Family-18), to establish zoning which is
reflective of the existing development and lotting patterns within this 38
acres of property generally located south of Bethel School Road, west of
Moore Road and north of Belt Line Road (DART ROW) and authorizing
the Mayor to sign. Mayor Pro Tem Mahalik seconded the motion; the
motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers
Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting
in favor of the motion.
A short recess was held at this time.
14.Consider approval of a Resolution approving the terms and
conditions of the Dallas County Mutual Aid Interlocal
Agreement and authorizing the Mayor to sign.
Presentation:
Kevin Richardson, Fire Chief, made a presentation to Council.
Action:
Councilmember Tunnell moved to approve Resolution No. 2011-0111.1
approving the terms and conditions of the Dallas County Mutual Aid
Interlocal Agreement and authorizing the Mayor to sign. Councilmember
Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro
Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell,
Faught, Franklin and Hunt voting in favor of the motion.
15.Consider approval of an Ordinance to adopt the 2011 Edition
of the National Electrical Code, as amended, providing an
effective date, and authorizing the Mayor to sign.
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Presentation:
Tim Oates, Deputy Fire Chief, and Michael Arellano, Chief Building
Official, made a presentation to Council on Items 15-23 since they were
all similar in nature.
Action:
Councilmember Faught moved to approve Items 15 through 23:
Item 15:
Ordinance No. 2011-1262 to adopt the 2011 Edition of the National
Electrical Code, as amended, providing an effective date, and authorizing
the Mayor to sign;
And
Item 16:
Ordinance No. 2011-1263 to adopt the 2009 Edition of the International
Building Code, as amended, providing an effective date, and authorizing
the Mayor to sign;
And
Item 17:
Ordinance No. 2011-1264 to adopt the 2009 Edition of the International
Energy Conservation Code, as amended, providing an effective date, and
authorizing the Mayor to sign;
And
Item 18:
Ordinance No. 2011-1265 to adopt the 2009 Edition of the International
Fire Code, as amended, providing an effective date, and authorizing the
Mayor to sign;
And
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Item 19:
Ordinance No. 2011-1266 to adopt the 2009 Edition of the International
Fuel Gas Code, as amended, providing an effective date, and authorizing
the Mayor to sign;
And
Item 20:
Ordinance No. 2011-1267 to adopt the 2009 Edition of the International
Mechanical Code, as amended, providing an effective date, and
authorizing the Mayor to sign;
And
Item 21:
Ordinance No. 2011-1268 to adopt the 2009 Edition of the International
Plumbing Code, as amended, providing an effective date, and authorizing
the Mayor to sign;
And
Item 22:
Ordinance No. 2011-1269 to adopt the 2009 Edition of the International
Property Maintenance Code, as amended, providing an effective date, and
authorizing the Mayor to sign;
And
Item 23:
Ordinance No. 2011-1270 to adopt the 2009 Edition of the International
Residential Code, as amended, providing an effective date, and
authorizing the Mayor to sign.
Councilmember Brancheau seconded the motion; the motion carried 7-0
with Mayor Pro Tem Mahalik and Councilmembers Brancheau,
Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of
the motion.
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16.Consider approval of an Ordinance to adopt the 2009 Edition
of the International Building Code, as amended, providing an
effective date, and authorizing the Mayor to sign.
This item was considered with Item 15. See Item 15 for minutes.
17.Consider approval of an Ordinance to adopt the 2009 Edition
of the International Energy Conservation Code, as amended,
providing an effective date, and authorizing the Mayor to sign.
This item was considered with Item 15. See Item 15 for minutes.
18.Consider approval of an Ordinance to adopt the 2009 Edition
of the International Fire Code, as amended, providing an
effective date, and authorizing the Mayor to sign.
This item was considered with Item 15. See Item 15 for minutes.
19.Consider approval of an Ordinance to adopt the 2009 Edition
of the International Fuel Gas Code, as amended, providing an
effective date, and authorizing the Mayor to sign.
This item was considered with Item 15. See Item 15 for minutes.
20.Consider approval of an Ordinance to adopt the 2009 Edition
of the International Mechanical Code, as amended, providing
an effective date, and authorizing the Mayor to sign.
This item was considered with Item 15. See Item 15 for minutes.
21.Consider approval of an Ordinance to adopt the 2009 Edition
of the International Plumbing Code, as amended, providing an
effective date, and authorizing the Mayor to sign.
This item was considered with Item 15. See Item 15 for minutes.
22.Consider approval of an Ordinance to adopt the 2009 Edition
of the International Property Maintenance Code, as amended,
providing an effective date, and authorizing the Mayor to sign.
This item was considered with Item 15. See Item 15 for minutes.
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23.Consider approval of an Ordinance to adopt the 2009 Edition
of the International Residential Code, as amended, providing
an effective date, and authorizing the Mayor to sign.
This item was considered with Item 15. See Item 15 for minutes.
24.Consider adoption of the Legislative Agenda for the 2011
Legislative Session.
Presentation:
Clay Phillips, City Manager, made a presentation to Council.
Action:
Councilmember Brancheau moved to approve the adoption of the
Legislative Agenda for the 2011 Legislative Session. Councilmember Hunt
seconded the motion; the motion carried 7-0 with Mayor Pro Tem
Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell,
Faught, Franklin and Hunt voting in favor of the motion.
25.City Manager's Report.
A.Project Update and Future Agendas.
A.City Manager Clay Phillips reminded Council of a Special City
thnd
Council Meeting on January 18 at 6 p.m. in the 2 Floor
Conference Room of Town Center. At that meeting, Council will
review the Comprehensive Land Use Plan for potential adoption at
th
the next Council Meeting on January 25, and City Facility Usage,
including youth sports, the theater and the Community Center.
Mr. Phillips also reminded Council of a meeting with
st
Representative Jim Jackson on January 21 to discuss state
legislative priorities.
26.Mayor and Council Reports.
A.Report by Mayor Stover regarding Metroplex Mayors’
Meeting.
B.Report by Mayor Stover regarding the meeting with State
Legislators on Coppell legislative priorities.
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A.City Manager Clay Phillips updated Council on the Metroplex
Mayors’ Meeting. The guest speaker was from the National Center
for Policy Analysis who discussed health care and other federal
government related issues.
B.Mayor Stover thanked Councilmembers Hunt, Franklin and
Brancheau for attending the legislative meetings with Senators
Harris and Shapiro. Members of the Council will be going to
nd
Austin the 2 week of February to meet with the Legislators to
further discuss local issues.
27.Public Service Announcements concerning items of community
interest and no Council action or deliberation is permitted.
st
Mayor Stover mentioned that he will be visiting with the 1 graders from
Mockingbird Elementary.
28.Necessary action resulting from Executive Session.
Action:
Councilmember Brancheau moved to approve a release of liability by and
between Rick and Peggy Bureau for a nuisance claim for property located
at 527 Beverly Drive, Coppell, Texas, in the form of Exhibit A and in the
amount not to exceed $7,353.40, and authorize the Mayor to sign.
Councilmember Franklin seconded the motion; the motion carried 7-0
with Mayor Pro Tem Mahalik and Councilmembers Brancheau,
Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt 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.
Adjournment.
N. Stover, Mayor
ATTEST:
C ristel Pettmos, City Secr tary
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