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CM 2006-08-22 MINUTES OF AUGUST 22, 2006 The City Council of the City of Coppell met in Regular Called Session on Tuesday, August 22, 2006, 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 (late arrival) Billy Faught, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember Marvin Franklin, Councilmember (late arrival) Bill York, Councilmember Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney David Dodd. 1.Call to order. Mayor Pro Tem Faught 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.The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045-107; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3,; and CB Parkway Business Center, et al vs. City of Coppell, et al.; and City of Dallas vs. Douglas Stover, et al in the 191st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101st District Court. 2.Provide Legal Advice concerning Regulations for Alcoholic Beverages. cm082206 Page 1 of 12 ITEM # ITEM DESCRIPTION B.Section 551.087, Texas Government Code – Economic Development Negotiations. 1.Economic Development Prospects on the west side of Coppell. Councilmember Franklin arrived prior to the opening of Executive Session. Mayor Pro Tem Faught convened into Executive Session at 5:40 p.m. as allowed under the above-stated article. Mayor Stover arrived during Executive Session. Mayor Stover adjourned the Executive Session at 6:35 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3.Convene Work Session A.Discussion regarding the Fence Ordinance. B.Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4.Convene Regular Session. Mayor Stover welcomed Boy Scout Troop 807 who were in attenance at the meeting. 5.Invocation. Councilmember Faught led those present in the Invocation. 6.Pledge of Allegiance. James Halpin with Boy Scout Troop 807 led those present in the Pledge of Allegiance. ag082206 Page 2 of 12 ITEM # ITEM DESCRIPTION 7.Report by Library Board. Tom Trahan, Chair of the Library Board, made a report to Council. 8.Citizens' Appearances. Brian Stark, 629 Glen Lakes Drive, had signed up to speak for Citizens’ Appearances but was not present when the item was called. CONSENT AGENDA 9.Consider approval of the following consent agenda items: A.Consider approval of minutes: August 8, 2006. B.Consider approval of a Resolution authorizing the City Manager to execute a Joint Election Agreement with Denton County for the November 7, 2006 Local Option Election; providing early voting dates and locations for citizens of Coppell residing in Denton County; providing for the appointment of an Early Voting Clerk for Denton County voters; providing for times and location for Election Day Voting; and authorizing the Mayor to sign. C.Consider approval of a Resolution authorizing the City Manager to Execute a lease or rental agreement for the rental of one or more Hart Intercivic “System 5” Voting System or other approved accessible voting system from the County of Denton or other qualified providers; and authorizing the Mayor to sign. D.Consider approval of the resignation of Melissa Hall from the Library Board. E.Consider approval of an ordinance to adopt the 2006 Standard Construction Details for regulating infrastructure construction within the City of Coppell; and authorizing the Mayor to sign. ag082206 Page 3 of 12 ITEM # ITEM DESCRIPTION F.Consider approval of the annual review of the written Investment Policy of the City of Coppell as provided by the Public Funds Investment Act, Chapter 2256, Texas Government Code. G.Consider approval of an Amendment to the Professional Services Agreement with Halff Associates, Inc., for Design, Construction Documentation and Construction Administration for the Town Center Plaza, in the amount of $95,304.00 as provided in C.I.P. funds, and authorizing the City Manager to sign. H.Consider approval of a contract with INX, Inc. for the purchase and installation of a new data communication router for the city network in the amount of $95,497.20, as budgeted, and authorizing the City Manager to sign. Action: Councilmember Tunnell moved to approve Consent Agenda Items A with amendments, B carrying Resolution 2006-0822.1, C carrying Resolution No. 2006-0822.2, D, E carrying Ordinance No. 2006-1129, F, G and H. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 10.PUBLIC HEARING: To receive public comment concerning the Proposed 2006- 2007 Municipal Budget. Presentation: Jennifer Armstrong, Finance Director, made a presentation to the Council. City Manager Jim Witt made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. ag082206 Page 4 of 12 ITEM # ITEM DESCRIPTION Action: Councilmember Hinojosa-Flores moved to close the Public Hearing. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 11.PUBLIC HEARING: To receive public comment concerning the proposed 2006- 2007 tax rate of 0.64146. Presentation: Jennifer Armstrong, Finance Director, made a presentation to the Council. City Manager Jim Witt made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Mayor Pro Tem Faught moved to close the Public Hearing. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 12.Consider approval of an Ordinance of the City of Coppell, Texas, approving an amendment to Ordinance No. 2005-1106, the budget for Fiscal Year October 1, 2005 through September 30, 2006 and authorizing the Mayor to sign. Presentation: Jennifer Armstrong, Finance Director, made a presentation to the Council. ag082206 Page 5 of 12 ITEM # ITEM DESCRIPTION Action: Councilmember York moved to approve Ordinance No. 2006-1130 approving an amendment to Ordinance No. 2005-1106, the budget for Fiscal Year October 1, 2005 through September 30, 2006 and authorizing the Mayor to sign. Councilmember Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 13.Consider approval of an Ordinance authorizing the issuance of City of Coppell, Texas Combination Tax and Revenue Certificates of Obligation, Series 2006 in the amount of $3,785,000, making provisions for the security thereof, and ordaining other matters relating to the subject and authorizing the Mayor to sign. Presentation: Jennifer Armstrong, Finance Director, made a presentation to the Council. Boyd London with First Southwest Company made a presentation to the Council. Action: Councilmember Tunnell moved to approve Ordinance No. 2006-1131 authorizing the issuance of City of Coppell, Texas Combination Tax and Revenue Certificates of Obligation, Series 2006 in the amount of $3,720,000, making provisions for the security thereof, and ordaining other matters relating to the subject and authorizing the Mayor to sign. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 14.Consider approval of an Ordinance authorizing the issuance of City of Coppell, Texas, General Obligation Bonds, Series 2006, in the amount of $4,265,000 making provisions for the security thereof, and ordaining other matters relating to the subject and authorizing the Mayor to sign. ag082206 Page 6 of 12 ITEM # ITEM DESCRIPTION Presentation: Jennifer Armstrong, Finance Director, made a presentation to the Council. Action: Councilmember York moved to approve Ordinance No. 2006-1132 authorizing the issuance of City of Coppell, Texas, General Obligation Bonds, Series 2006, in the amount of $4,215,000 making provisions for the security thereof, and ordaining other matters relating to the subject and authorizing the Mayor to sign. Councilmember Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 15.Consider approval of a Professional Services Agreement with Proforma Architecture, Inc. for programming, design, construction documentation and contract administration services related to the Senior Recreation/Community Center, and a Restroom and Wall Repairs for Grapevine Springs Park, in the amount of $426,650.00, and authorizing the City Manager to sign. Presentation: Brad Reid, Director of Parks and Recreation, made a presentation to the Council. Action: Councilmember Franklin moved to approve a Professional Services Agreement with Proforma Architecture, Inc. for programming, design, construction documentation and contract administration services related to the Senior Recreation/Community Center, and a Restroom and Wall Repairs for Grapevine Springs Park, in the amount of $426,650.00, and authorizing the City Manager to sign. Councilmember Hinojosa-Flores seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. ag082206 Page 7 of 12 ITEM # ITEM DESCRIPTION 16.Consider approval of an Ordinance of the city of Coppell, Texas, amending the Code of Ordinances by amending Article 9-2, Fence regulations, by repealing Sections 9-2-1 through 9- 2-8 in its entirety and by adding new Sections 9-2-1 through 9- 2-10 providing for fence regulations; providing a repealing clause; providing a severability clause; providing for a penalty of a fine not to exceed the sum of Five Hundred Dollars for each offense; and providing for an effective date, and authorizing the Mayor to sign. Presentation: City Manager Jim Witt made a presentation to the Council. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Stover convened into Executive Session at 8:13 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 8:17 p.m. and reconvened the Regular Session. REGULAR SESSION (Open to the Public) Action: Councilmember York moved to approve Ordinance No. 2006-1133 amending the Code of Ordinances by amending Article 9-2, Fence regulations, by repealing Sections 9-2-1 through 9-2-8 in its entirety and by adding new Sections 9-2-1 through 9-2-10 providing for fence regulations, subject to the removal of the paragraph regulating orientation in Section 9-2-7; providing a repealing clause; providing a severability clause; providing for a penalty of a fine not to exceed the sum of Five Hundred Dollars for each offense; and providing for an effective date, and authorizing the Mayor to sign. Mayor Pro Tem Faught seconded the motion; the motion carried 4-3 with Mayor Pro Tem Faught and Councilmembers Brancheau, Tunnell and York voting in favor of the motion and Peters, Hinojosa-Flores and Franklin voting against the motion. ag082206 Page 8 of 12 ITEM # ITEM DESCRIPTION 17.Consider approval of an ordinance of the City of Coppell, Texas, amending Chapter 9 of the Coppell City Code to add Article 9-24-1 through 9-24-4, making it unlawful for property owners and persons in control of a residence or premises to allow the property to be used for a social gathering where minors may be unlawfully possessing, using or consuming alcoholic beverages or controlled substances; and authorizing the Mayor to sign. Presentation: City Manager Jim Witt made a presentation to the Council. Action: Councilmember Hinojosa-Flores moved to approve Ordinance No. 2006- 1134 amending Chapter 9 of the Coppell City Code to add Article 9-24-1 through 9-24-4, making it unlawful for property owners and persons in control of a residence or premises to allow the property to be used for a social gathering where minors unlawfully possess use or consume alcoholic beverages or controlled substances; and authorizing the Mayor to sign. Councilmember Franklin seconded the motion; the motion carried 6-1 with Mayor Pro Tem Faught and Councilmembers Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion and Councilmember Brancheau voting against the motion. 18.Consider approval of a Resolution calling for a Special Election to consider a Charter Amendment to provide for the regulation of alcoholic beverages; the control of such use; and authorizing the Mayor to sign. Presentation: City Manager Jim Witt made a presentation to the Council. Action: Councilmember Peters moved to approve Resolution No. 2006-0822.3 calling for a Special Election to consider a Charter Amendment to provide for the regulation of alcoholic beverages; the control of such use, subject to replacing the word “liquor” with “alcoholic beverages” in the ballot language; and authorizing the Mayor to sign. Mayor Pro Tem Faught seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught ag082206 Page 9 of 12 ITEM # ITEM DESCRIPTION and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 19.Necessary action resulting from Work Session. There was no action necessary under this item. 20.Council Committee Reports. A.Carrollton/Farmers Branch ISD/Lewisville ISD – Councilmember Tunnell. B.Coppell ISD – Mayor Pro Tem Faught and Councilmember York. C.Coppell Seniors – Mayor Pro Tem Faught and Councilmember Brancheau. D.Dallas Regional Mobility Coalition - Councilmember Peters. E.Economic Development Committee - Councilmembers Peters and Franklin. F.Metrocrest Hospital Authority - Councilmember Tunnell. G.Metrocrest Medical Foundation - Councilmember Hinojosa-Flores. H.Metrocrest Medical Services – Councilmember Hinojosa- Flores. I.Metrocrest Social Service Center – Councilmember York. J.North Texas Council of Governments - Councilmember Peters. K.NTCOG/Regional Emergency Management - Councilmember Franklin. L.North Texas Commission - Councilmember Brancheau. M.Senior Adult Services – Mayor Pro Tem Faught. A.Councilmember Tunnell reported that school had started in all districts. The TEA has rated C-FBISD as a recognized district. Riverchase Elementary was a recognized campus that services our Coppell children. The Lewisville Elementary and High School serving Coppell children were acceptable but the middle school was recognized. C-FBISD has a $100,000,000 construction in progress. ag082206 Page 10 of 12 ITEM # ITEM DESCRIPTION B.Mayor Pro Tem Faught advised that the Coppell enrollment for elementary school students was 4,482, middle school students 2,348, high school 2,893. C.Councilmember Brancheau announced that the seniors will have their monthly luncheon tomorrow. D.Councilmember Peters reported that the Dallas Regional Mobility Coalition Transportation held their annual summit in Irving on August 8–11. She thanked Mr. Witt and Councilmember th Brancheau for joining her at the conference. On August 10 the North Texas Transportation Authority and the North Texas Tollway Authority agreed on a specific protocol by which the region will have toll projects delivered. Councilmember Peters also advised that the NTTA will be the toll operator in our region for the next 5 years. The region got a real boost from Governor Perry as he sent a letter to the Texas Transportation Council recommending to adopt the TTC35 alignment. E.Councilmember Franklin complimented the Economic Development Committee for a great job for the work they have been doing. He advised the Hard Eight was coming along and several projects in old Coppell were in the works. F.Councilmember Tunnell reported that Metrocrest Hospital Authority would meet on Friday, August 25 to announce the operator for the hospital property and medical offices that they own. She also advised that she had been voted as a full board member. G.Councilmember Hinojosa-Flores reminded everyone about the rd Metrocrest annual Gayla which is scheduled for September 23 at the Bent Tree Country Club. H.There was nothing to report on this item. I.There was nothing to report on this item. J.There was nothing to report on this item. K.There was nothing to report on this item. L.Councilmember Brancheau advised that the North Texas Commission will have its annual luncheon on Friday, th September 15, at The Hilton Anatol. ag082206 Page 11 of 12 ITEM #: ITEM DESCRIPTION M. Mayor Pro Tern Faught reported that Senior Adult Services has a new senior adult website, www.senioradultservices.org, which was put together by a 2002 Coppell graduate. He also advised that Tee Up For Seniors would be held on Monday, October 16th at 1:00 p.m. at the Indian Creek Gulf course. 21. Necessary action resulting from Executive Session. There was no action necessary under this item. There being no further business to come before the City Council, the meeting was adjourned. ATIEST: og082206 Page 12 of 12