CM 2013-03-26.
Col"PF� ELL
City of Coppell, Texas
Minutes
City Council
255 Parkway Boulevard
Coppell, Texas 75019-9478
Tuesday, March 26, 2013 6:00 PM Council Chambers
KAREN HUNT
TIM BRANCHEAU
Mayor
Mayor Pro Tem
BOB MAHALIK
BILLY FAUGHT
Place 2
Place 5
WES MAYS
MARVIN FRANKLIN
Place 3
Place 6
GARY RODEN
AARON DUNCAN
Place 4
Place 7
CLAY PHILLIPS
City Manager
Present 7 - Tim Brancheau;Bob Mahalik;Wes Mays;Gary Roden;Billy Faught;Marvin
Franklin and Aaron Duncan
Absent 1 - Karen Hunt
Also present were City Manager Clay Phillips, City Secretary Christel Pettinos and City
Attorney Robert Hager.
The City Council of the City of Coppell met in Regular Called Session on Tuesday,
March 26, 2013, at 6:00 p.m. in the City Council Chambers of Town Center, 255 Parkway
Boulevard, Coppell, Texas.
1. Call to Order
Mayor Pro Tem Brancheau called the meeting to order, determined that a
quorum was present and convened into Executive Session at 6:14 p.m.
2. Executive Session (Closed to the Public) 1st Floor Conference Room
A. Section 551.087, Texas Government Code - Economic Development Negotiations.
Discussion regarding economic development prospects south of
Houston Street and west of S. Coppell Road.
Discussed under Executive Session
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City Council Minutes March 26, 2013
B. Section 551.072, Texas Government Code - Deliberation regarding Real Property.
Discussion regarding property purchases and matters concerning
property located at Northlake.
Discussed under Executive Session
3. Work Session (Open to the Public) 1st Floor Conference Room
Mayor Pro Tem Brancheau adjourned the Executive Session at 6:51 p.m. and
convened into the Work Session.
A. Discussion regarding the Library Strategic Plan.
B. Discussion of 265 Parkway Parking Lot Expansion.
C. Discussion of Agenda Items.
Presented in Work Session
Regular Session (Open to the Public)
Mayor Pro Tem Brancheau adjourned the Work Session at 7:22 p.m. and
opened the Regular Session.
4. Invocation 7:30 p.m.
Reverend Dale Patterson with Hackberry Creek Church gave the Invocation.
5. Pledge of Allegiance
A scout from Troop 842 led those present in the Pledge of Allegiance.
6. Consider approval of a proclamation naming March 26, 2013, as
Donna Jenkins Appreciation Day, and authorizing the Mayor to sign.
Mayor Pro Tem Brancheau read the proclamation for the record and presented
the same to Donna Jenkins. A motion was made by Councilmember Billy
Faught, seconded by Councilmember Marvin Franklin, that this Agenda Item be
approved. The motion passed by an unanimous vote.
Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob
Mahal ik;Councilmember Wes Mays; Councilmember Gary
Roden; Council member Billy Faught;Councilmember Marvin Franklin and
Councilmember Aaron Duncan
7. Consider approval of a proclamation naming April 6, 2013 as ARBOR
DAY and authorizing the Mayor to sign.
Mayor Pro Tem Brancheau read the proclamation for the record and presented
the same to Shawn Thompson, KCB Chair, Bret Saunders, KCB Boardmember,
and Jen Ferguson, Community Programs Coordinator. A motion was made by
Councilmember Gary Roden, seconded by Councilmember Bob Mahalik, that
this Agenda Item be approved. The motion passed by an unanimous vote.
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City Council Minutes March 26, 2013
Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob
Mahal ik;Councilmember Wes Mays; Councilmember Gary
Roden; Council member Billy Faught;Councilmember Marvin Franklin and
Councilmember Aaron Duncan
8. Consider approval of a Proclamation naming the month of April as
"Records Management Month," and authorizing the Mayor to sign.
Mayor Pro Tem Brancheau read the proclamation for the record and presented
the same to Brenda Patterson, CRM, VP Professional Development, ARMA
Dallas Chapter, and Veronica Lomas, Assistant City Secretary. A motion was
made by Councilmember Marvin Franklin, seconded by Councilmember Billy
Faught, that this Agenda Item be approved. The motion passed by an
unanimous vote.
Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob
Mahal ik;Councilmember Wes Mays; Councilmember Gary
Roden; Council member Billy Faught;Councilmember Marvin Franklin and
Councilmember Aaron Duncan
9. Presentation of the Texas Municipal Library Directors Association
"Achievement of Excellence in Libraries Award" to the William T.
Cozby Public Library.
Presented and Filed
Ann Weigand, Library Director for the City of Lewisville, presented the Texas
Municipal Library Directors Award to Vicki Chiavetta, Coppell Library Director,
staff and Board members.
10. Board Report by Keep Coppell Beautiful.
Read and Filed
Shawn Thompson, Chair, gave the Board's semi-annual report.
11. Citizens' Appearance
Mayor Pro Tem Brancheau advised that no one signed up to speak.
12. Consent Agenda
A. Consider approval of the minutes: February 26, 2013 and March 6,
2013.
A motion was made by Councilmember Billy Faught, seconded by
Councilmember Aaron Duncan, approving Agenda Items A -C on the Consent
Agenda. The motion passed by an unanimous vote.
Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob
Mahal ik;Councilmember Wes Mays; Councilmember Gary
Roden; Council member Billy Faught;Councilmember Marvin Franklin and
Councilmember Aaron Duncan
B. Consider approval of an Ordinance for Case No. PD -210R -SF -9, Kaye
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City Council Minutes March 26, 2013
Street, a zoning change from PD-210-SF-9/(CH) (Planned
Development -210 -Single Family-9/Called Hearing), to PD -210R -SF -9
(Planned Development -210 Revised -Single Family -9), to allow a home
with stucco construction to be located at 413 Kaye Street and
authorizing the Mayor to sign.
A motion was made by Councilmember Billy Faught, seconded by
Councilmember Aaron Duncan, approving Agenda Items A -C on the Consent
Agenda. The motion passed by an unanimous vote.
Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob
Mahal ik;Councilmember Wes Mays; Councilmember Gary
Roden; Council member Billy Faught;Councilmember Marvin Franklin and
Councilmember Aaron Duncan
Enactment No: 91500-A-614
C. Consider approval of an Ordinance for Case No. PD -250R8 -H, Old
Town Addition (Main Street), a zoning change from PD -250-H (Planned
Development -250 -Historic), to PD -250R8 -H (Planned
Development -250 Revision 8 -Historic), to revise the existing
Conceptual Planned Development Ordinance, including Section 4, to
provide for Administrative Review and approval of Detail Plans when in
general conformance with the Concept Plan and conditions, on
approximately 10.4 acres located south of Bethel Road, north of Burns
Road between Hammond and South Coppell Roads and authorizing
the Mayor to sign.
A motion was made by Councilmember Billy Faught, seconded by
Councilmember Aaron Duncan, approving Agenda Items A -C on the Consent
Agenda. The motion passed by an unanimous vote.
Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob
Mahal ik;Councilmember Wes Mays; Councilmember Gary
Roden; Council member Billy Faught;Councilmember Marvin Franklin and
Councilmember Aaron Duncan
Enactment No: 91500-A-615
End of Consent Agenda
13. Consider approval of a Letter of Intent by and between the City of
Coppell and CSE Commercial Real Estate, LP, to develop and acquire
7.837 acres ± of land located along the east side of South Coppell
Road south of Bethel Road; and, to authorizing the City Manager to
negotiate and execute the appropriate agreements with CSE
Commercial Real Estate, LP, and/or Coppell Economic Development
Foundation consistent therewith and authorize the Mayor and City
Manager to execute appropriate closing documents necessary to
convey such property.
Presentation: Mindi Hurley, Economic Development Coordinator, made a
presentation to Council.
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City Council Minutes March 26, 2013
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Bob Mahalik, that this Agenda Item be approved. The motion
passed by an unanimous vote.
Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob
Mahal ik;Councilmember Wes Mays; Councilmember Gary
Roden; Council member Billy Faught;Councilmember Marvin Franklin and
Councilmember Aaron Duncan
14. Consider approval of an Ordinance of the City of Coppell, Texas,
approving an amendment to Ordinance No. 2012-1318, the budget for
the Fiscal Year October 1, 2012 through September 30, 2013, and
authorizing the Mayor to sign.
Presentation: Jennifer Miller, Director of Finance, made a presentation to
Council.
A motion was made by Councilmember Bob Mahalik, seconded by
Councilmember Wes Mays, that this Agenda Item be approved. The motion
passed by an unanimous vote.
Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob
Mahal ik;Councilmember Wes Mays; Councilmember Gary
Roden; Council member Billy Faught;Councilmember Marvin Franklin and
Councilmember Aaron Duncan
Enactment No: 2013-1335
15. PUBLIC HEARING:
Consider approval of Case No. ZC-624, Southwestern Industrial
Addition, Lot 1, a zoning change request from C (Commercial) to LI
(Light Industrial), to be consistent with the zoning on the abutting
properties on 0.9 acres of property located at the northeast corner of
Southwestern Boulevard and South Coppell Road (440 Southwestern
Blvd.).
Presentation: Gary Sieb, Director of Planning, made a presentation to Council.
Mayor Pro Tem Brancheau opened the Public Hearing and advised that no one
signed up to speak.
A motion was made by Councilmember Billy Faught, seconded by
Councilmember Marvin Franklin, to close the Public Hearing and approve this
Agenda Item. The motion passed by an unanimous vote.
Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob
Mahal ik;Councilmember Wes Mays; Councilmember Gary
Roden; Council member Billy Faught;Councilmember Marvin Franklin and
Councilmember Aaron Duncan
16. PUBLIC HEARING:
Consider approval of Case No. PD -133R5 -SF -7, Magnolia North
Addition, a zoning change request from PD -133 -HC (Planned
Development -133 -Highway Commercial) to PD -133R5 -SF -7 (Planned
Development -133 -Revision 5 -Single Family -7), to allow the
development of 28 single-family lots and three (3) common area lots
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City Council Minutes March 26, 2013
on 5.41 acres of property located along the south side of S.H. 121,
approximately 260 feet west of North Denton Tap Road and to amend
the Land Use Map of the Coppell 2030 Comprehensive Master Plan
from "Freeway Special District" to "Urban Residential Neighborhood".
Presentation: Gary Sieb, Director of Planning, made a presentation to Council.
Barry Knight, representing the applicant, requested the continuation of the
Public Hearing until the May 14th meeting.
Mayor Pro Tem Brancheau opened the Public Hearing and asked for the
following to speak:
1) Daniel Satsky, 770 Black Forest Ct., Southlake, signed up in favor but chose
to hold until May 14th.
2) Kevin Dunn, 1324 Coral, signed up in favor but chose to hold until May 14th.
3) Bobby Rollings, 3221 St. Georges, Plano, signed up in favor but chose to
hold until May 14th.
4) Kyle Parnell, 142 Natches Trace West, spoke against the item.
5) Dr. John and Julie Hanson, 166 Natches Trace, spoke against the item.
6) Brian Thompson, 626 Madison St., spoke against the item.
7) Ruth Holder, 134 Natches Trace, spoke against the item.
8) Michael Herzog, 702 Madison, spoke against the item.
9) Mike McReynolds, 162 Natches Trace, spoke against the item.
At 8:34 p.m., Mayor Pro Tem Brancheau called an Executive Session as
permitted under Section 552.071, Consultation with City Attorney. The
Executive Session was adjourned at 8:37 p.m.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Gary Roden, to postpone the Agenda Item until May 14. The
motion passed by an unanimous vote.
Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob
Mahal ik;Councilmember Wes Mays; Councilmember Gary
Roden; Council member Billy Faught;Councilmember Marvin Franklin and
Councilmember Aaron Duncan
17. PUBLIC HEARING:
Consider approval of Case No. PD -255R -SF, Westhaven, a zoning
change request from PD -255 -SF (Planned Development 255 -Single
Family) to PD -255R -SF (Planned Development 255 -Revised -Single
Family), to reduce the rear yard setback from 50 feet from SH 121
R.O.W. to 45 feet on 11 lots containing 1.6 acres of property located
south of S.H. 121, approximately 2,460 feet west of Magnolia Park.
Presentation: Gary Sieb, Director of Planning, made a presentation to Council.
Mayor Pro Tem Brancheau opened the Public Hearing and advised that no one
signed up to speak.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Aaron Duncan, to close the Public Hearing and approve the
Agenda Item to reduce the rear yard setback from 45 feet from SH 121 ROW on
11 lots. The motion passed by an unanimous vote.
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City Council Minutes March 26, 2013
Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob
Mahal ik;Councilmember Wes Mays; Councilmember Gary
Roden; Council member Billy Faught;Councilmember Marvin Franklin and
Councilmember Aaron Duncan
18. PUBLIC HEARING:
Consider approval of a text amendment to ARTICLE 30 - "S OR SUP"
SPECIAL USE PERMITS, Section 12-30-16(3), New restaurant in a
lease space/building with an existing Special Use Permit for a
restaurant, to eliminate the requirement for Administrative Approval of
an SUP for a new restaurant occupant.
Presentation: Gary Sieb, Director of Planning, made a presentation to Council.
Mayor Pro Tem Brancheau opened the Public Hearing and advised that no one
signed up to speak.
A motion was made by Councilmember Wes Mays, seconded by
Councilmember Billy Faught, to close the Public Hearing and approve the
Agenda Item. The motion passed by an unanimous vote.
Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob
Mahal ik;Councilmember Wes Mays; Councilmember Gary
Roden; Council member Billy Faught;Councilmember Marvin Franklin and
Councilmember Aaron Duncan
19. PUBLIC HEARING:
Consider approval of a text amendment to ARTICLE 27 - "PD"
PLANNED DEVELOPMENT DISTRICT, Section 12, to revise various
provisions, including granting the Director of Planning approval
authority to approve Detail Plans, after DRC review, if compliance with
the Concept Plan.
Presentation: Gary Sieb, Director of Planning, made a presentation to Council.
Mayor Pro Tem Brancheau opened the Public Hearing and advised that no one
signed up to speak.
A motion was made by Councilmember Wes Mays, seconded by
Councilmember Aaron Duncan, to close the Public Hearing and approve the
Agenda Item. The motion passed by an unanimous vote.
Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob
Mahal ik;Councilmember Wes Mays; Councilmember Gary
Roden; Council member Billy Faught;Councilmember Marvin Franklin and
Councilmember Aaron Duncan
20. PUBLIC HEARING:
Consider approval of a text amendment to ARTICLE 39 - BUILDING
SITE CREATION AND SITE PLAN REVIEW, Section 12-39-2, Review
of site plans, to allow the Planning & Zoning Commission to be the
final authority on site plans.
Presentation: Gary Sieb, Director of Planning, made a presentation to Council.
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City Council Minutes March 26, 2013
Mayor Pro Tem Brancheau opened the Public Hearing and advised that no one
signed up to speak.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Bob Mahalik, to close the Public Hearing and approve the
Agenda Item. The motion passed by an unanimous vote.
At this time, Council took a recess at 9:13 p.m. and reconvened back into
Regular Session at 9:18 p.m.
Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob
Mahal ik;Councilmember Wes Mays; Councilmember Gary
Roden; Council member Billy Faught;Councilmember Marvin Franklin and
Councilmember Aaron Duncan
21. Consider approval of bid No. Q-0213-01, from JDK Associates, Inc., in
the amount of $1,285,202.60, for erosion control improvements for
Andrew Brown Park East and Alex Drive Canal, and authorizing the
CRDC President and City Manager to sign the necessary documents
Presentation: Guy McLain, Assistant Director of Parks and Recreation, made a
presentation to Council.
A motion was made by Councilmember Bob Mahalik, seconded by
Councilmember Billy Faught, that this Agenda Item be approved. The motion
passed by an unanimous vote.
Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob
Mahal ik;Councilmember Wes Mays; Councilmember Gary
Roden; Council member Billy Faught;Councilmember Marvin Franklin and
Councilmember Aaron Duncan
22. Consider approval of an Ordinance by amending Section 8-3-1(A) of
the Code of Ordinances; making it unlawful to stop, stand, or park a
vehicle on the east side of Enclaves Court at all times from its point of
intersection with Parkway Boulevard to a point 110 feet south;
providing a penalty of fine not to exceed the sum of two hundred
dollars ($200.00) for each offense; and authorizing the Mayor to sign
and execute any necessary documents.
Presentation: Ken Griffin, Director of Engineering, made a presentation to
Council.
A motion was made by Councilmember Gary Roden, seconded by
Councilmember Wes Mays, that this Agenda Item be approved. The motion
passed by an unanimous vote.
Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob
Mahal ik;Councilmember Wes Mays; Councilmember Gary
Roden; Council member Billy Faught;Councilmember Marvin Franklin and
Councilmember Aaron Duncan
Enactment No: 2013-1336
23. Consider approval of a contract with RKM Utilities for the
reconstruction of Mockingbird Lane as part of the % cent sales tax
initiative in the amount of $987,155.00, with an additional incentive
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City Council Minutes March 26, 2013
bonus of $60,000.00, for a total award of $1,047,155.00, as budgeted;
and authorizing the City Manager to sign and execute any necessary
documents.
Presentation: Keith Marvin, Engineer, made a presentation to Council.
A motion was made by Councilmember Billy Faught, seconded by
Councilmember Wes Mays, that this Agenda Item be approved. The motion
passed by an unanimous vote.
Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob
Mahal ik;Councilmember Wes Mays; Councilmember Gary
Roden; Council member Billy Faught;Councilmember Marvin Franklin and
Councilmember Aaron Duncan
24. Consider approval of an Engineering Services contract with Teague
Nall and Perkins, Inc. for the relocation of a water line within the
TxDOT State Highway (SH1 21) corridor to accommodate the widening
of SH121 in the amount of $99,500.00; as budgeted; and authorizing
the City Manager to sign and execute any necessary documents.
Presentation: Ken Griffin, Director of Engineering, made a presentation to
Council.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Billy Faught, that this Agenda Item be approved. The motion
passed by an unanimous vote.
Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob
Mahal ik;Councilmember Wes Mays; Councilmember Gary
Roden; Council member Billy Faught;Councilmember Marvin Franklin and
Councilmember Aaron Duncan
25. Consider adoption of the William T. Cozby Public Library 2013-2015
Strategic Plan.
Presentation: Vicki Chiavetta, Library Director, made a presentation to Council.
A motion was made by Councilmember Billy Faught, seconded by
Councilmember Bob Mahalik, that this Agenda Item be approved. The motion
passed by an unanimous vote.
Aye: 7 - Mayor Pro Tem Tim Brancheau;Councilmember Bob
Mahal ik;Councilmember Wes Mays; Councilmember Gary
Roden; Council member Billy Faught;Councilmember Marvin Franklin and
Councilmember Aaron Duncan
26. City Manager Reports
Project Updates and Future Agendas.
Read and Filed
City Manager Clay Phillips reminded Council that they will have a Five Year
Budget Workshop on April 11th and a 5th Tuesday Workshop on April 30th.
There are various events every Saturday in April, including the Dedication of
Heritage Park on April 13th. Regarding Project Updates, Old Town is moving
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Minutes March 26, 2013
along. With the approved LOI presented at this meeting, residential housing
will continue to be constructed in Old Town. 265 Parkway is fully operational
and Mr. Phillips invited all of Council to visit the building. The 2nd Floor
remodeling will take place after the remodeling of the 2nd Floor at Town Center
is completed. A name is still being sought for the new building.
27. Mayor and Council Reports
A. Report by Mayor Hunt regarding Metroplex Mayors' Meeting.
B. Report by Mayor Hunt regarding upcoming Spring Events,
EGGStravaganza and EcoCoppell Earthfest.
Read and Filed
Mayor Pro Tem Brancheau did not attend the Metroplex Mayors' Meeting, so
nothing was addressed. Regarding the various Spring Events, Mayor Pro Tem
Brancheau announced EGGStravaganza is on March 30th at 11am. Freeport
Parkway to Ruby Road will be closed beginning at 10:40am. Please enter from
Royal Lane into the Tennis Center Parking lot.
EcoCoppell Earthfest will be held on April 6th from 10am - 2pm. The band,
Definitely, Maybe (the band that played at our very first Earthfestl) will be
performing. Food by Gandolpho's Food Truck will be available offering New
York Style sub sandwiches. There will also be kids activities, earthern vendors
brought to you by KCB, a prototype Wind Turbine, and lots morel
28. Council Committee Reports concerning items of community involvement with no
Council action or deliberation permitted.
Councilmember Mays reported on CISD. CHS Senior Bethany LePrade
performed on The Voice. 58 choir members performing in the Texas State Solo
and Ensemble competition advanced to Austin, as did members of the CHS
Debate and Swim Team. Finally, the CHS Honor Band performed for the Texas
Association of School Administrators in Austin.
29, Public Service Announcements concerning items of community interest with no
Council action or deliberation permitted.
Nothing to report.
30. Necessary Action from Executive Session
Nothing to report.
no further action before the City Council, the meeting was
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ATTEST:
Christel Pettinos, City Secretary
City of Coppell, Texas Page 11